Exhibit B.16
OPEN END MORTGAGE
THIS OPEN END MORTGAGE (this "Mortgage") is made as of November 19,
1999 by and between WESTERN MASSACHUSETTS ELECTRIC COMPANY, a Massachusetts
public service corporation (together with its successors and assigns, the
"Mortgagor"), having its principal office at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and CITIBANK, N.A., a national banking
association, not personally but in its capacity as collateral agent for the
Lenders (hereafter defined) (in such capacity, together with its successors,
the "Collateral Agent"), having an office at: Citibank, N.A., c/o Global
Power Group, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇, ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇.
WITNESSETH:
WHEREAS, pursuant to the Credit Agreement dated as of November 19, 1999
(as the same may be amended, modified, restated or otherwise supplemented,
the "Credit Agreement") among Mortgagor, the lenders named therein (the
"Lenders"), ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Inc., as Arranger, and the Collateral
Agent, Mortgagor has the right, upon meeting the conditions thereof, to
obtain up to $200,000,000.00 of Advances (as that term and all other
capitalized terms used but not otherwise defined herein are defined in the
Credit Agreement) under the Credit Agreement; and
WHEREAS, Mortgagor's repayment obligation under the Credit Agreement in
respect of all outstanding Advances is evidenced by the promissory notes of
Mortgagor in the aggregate principal amount of $200,000,000.00 dated as of
November 19, 1999 and having a term expiring November 17, 2000 (provided that
the term may be extended for successive periods of 364 days each upon request
of Mortgagor and with the approval of the Lenders, as more particularly
described in the Credit Agreement); and
WHEREAS, Mortgagor is the owner of an undivided 19% joint ownership
interest in that certain piece or parcel of land situated in the Town of
Waterford, County of New London and State of Connecticut, with the buildings
and fixtures thereon comprising that certain electric generating unit
commonly known as Millstone Unit No. 2 (said land and generating unit
together being referred to as the "Millstone 2 Mortgaged Premises"), the
remaining undivided 81% joint ownership interest in the Millstone 2 Mortgaged
Premises being owned by The Connecticut Light and Power Company, as tenant in
common with Mortgagor; and
WHEREAS, Mortgagor is the owner of an undivided 12.2385% joint ownership
interest in that certain piece or parcel of land situated in the Town of
Waterford, County of New London and State of Connecticut, with the buildings
and fixtures thereon comprising that certain electric generating unit
commonly known as Millstone Unit No. 3 (said land and generating unit
together being referred to as the "Millstone 3 Mortgaged Premises"), the
remaining undivided 87.7615% joint ownership interest in the Millstone 3
Mortgaged Premises being owned by the other record owners thereof as tenants
in common with Mortgagor (the Millstone 2 Mortgaged Premises and the
Millstone 3 Mortgaged Premises collectively being referred to as the
"Mortgaged Premises" and being more particularly described in Schedule A
attached hereto and made a part hereof);
WHEREAS, Mortgagor desires, by the execution and delivery of this
Mortgage, to grant to the Collateral Agent a valid and enforceable mortgage
in its interest in the Mortgaged Premises as equal and ratable security for
Mortgagor's respective repayment obligations to the Lenders under the
Credit Agreement, as evidenced by the Notes (the "Obligations");
NOW, THEREFORE, in consideration of the premises and the sum of One
Dollar ($1.00) to it in hand paid, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, in order to
secure the Obligations, the Mortgagor hereby gives, grants, bargains, sells,
and confirms unto the Collateral Agent and its successors as collateral agent
under the Credit Agreement, and its and their respective assigns forever, its
interest in and to the Mortgaged Premises, EXCLUDING, HOWEVER, its interest
in any and all machinery, equipment, furniture, furnishings, materials,
supplies, nuclear fuel, and other articles or items of personal property
other than fixtures and other than machinery and equipment now or hereafter
located in and used or materially useful in connection with the operation of
the Mortgaged Premises.
The interests of the Mortgagor in the Mortgaged Premises being conveyed
hereby are subject to those encumbrances and other matters set forth or
referred to in Schedule A hereto, and to that certain First Mortgage
Indenture and Deed of Trust by and between the Mortgagor and State Street
Bank and Trust Company, successor by acquisition to The First National Bank
of Boston, successor by merger to Old Colony Trust Company, as Trustee, dated
as of August 1, 1954, as supplemented and amended by eighty-four Supplemental
Indentures, which Indenture of Mortgage and all of which Supplemental
Indentures are on file in the office of the Secretary of the State of
Connecticut and certificates with respect to which have been recorded in the
Waterford Land Records (said Indenture of Mortgage and said Supplemental
Indentures, collectively, the "WMECO Indenture").
TO HAVE AND TO HOLD the above granted and bargained premises unto the
Collateral Agent and its successors as collateral agent under the Credit
Agreement, and its and their respective assigns forever, to its and their own
proper use and behoof, upon the terms and conditions herein set forth for the
equal and ratable benefit and security of the obligees in respect of the
Obligations (individually, a "Beneficiary"; collectively, the
"Beneficiaries") and for the enforcement of the Obligations secured hereby,
without preference, priority, or distinction as to any Obligation over any
other Obligations by reason of priority in the time that such Obligation
arose or became secured hereby or otherwise.
AND IT IS MUTUALLY AGREED THAT:
1. This Mortgage and the Collateral Agent's rights hereunder are and
shall be at all times hereafter subject to the Collateral Agency Agreement,
where applicable, and junior to the WMECO Indenture, and to any and all
modifications and amendments thereof, and indentures supplemental thereto,
including, without limiting the generality of the foregoing, a modification,
amendment, or supplemental indenture which provides for the incurrence of
additional indebtedness to be secured by the WMECO Indenture. Although the
provisions of this paragraph shall be automatic and self-operative, and no
further instrument shall be required, the Collateral Agent, upon request at
any time and from time to time of the Mortgagor or the first mortgage
indenture trustee under the WMECO Indenture, shall promptly execute and
deliver to the requesting party an instrument in recordable form and
satisfactory in substance to the requesting party, subjecting the Collateral
Agent's rights under this Mortgage to the WMECO Indenture and/or to any such
modification, amendment, and/or supplemental indenture, and the Collateral
Agent further appoints the Mortgagor as the Collateral Agent's attorney-in-
fact with full power and authority to execute and deliver in the name of the
Collateral Agent any such instrument.
2. To the extent that the Mortgagor, pursuant to the terms of the Credit
Agreement, shall be or shall become entitled to sell or dispose of or
otherwise deal with all or any portion of the Mortgaged Premises or any
interest therein, free from the lien of this Mortgage, or obtain a release of
all or any portion of its interest in the Mortgaged Premises or any portion
thereof from the lien of this Mortgage, the Collateral Agent, upon request at
any time and from time to time of the Mortgagor, shall promptly execute and
deliver to Mortgagor an instrument in recordable form and satisfactory in
substance to the Mortgagor releasing such property or interest from the lien
of this Mortgage.
3. Any event constituting an "event of default" under the terms and
provisions of the document or documents under which any Obligation or
Obligations arise shall constitute an event of default hereunder (an "Event
of Default"), and if such Obligation or Obligations shall be declared due and
payable pursuant to such document or documents because of any such event of
default, the Collateral Agent shall thereupon be entitled to foreclose this
Mortgage with respect to the undivided interests in the Mortgaged Premises
owned by the Mortgagor, provided, that the Collateral Agent shall not so
foreclose this Mortgage unless directed to so act by such Percentage of the
Beneficiaries or the Advances as is provided for under the Credit Agreement
and the Collateral Agency Agreement. If any such event of default is cured
or waived in accordance with such document or documents, the related Event of
Default shall be considered cured or waived, as the case may be, hereunder.
4. Mortgagor, at its sole cost and expense, shall obtain and maintain
for the benefit of the Collateral Agent, during the term of this Mortgage,
such insurance (including appropriate plans of self-insurance) with respect
to the Mortgaged Premises as is usually carried by companies engaged in
similar businesses and owning similar properties, and in any event such
insurance as may be required (i) under the WMECO Indenture, and (ii) to
comply with all applicable laws and governmental regulations, including,
without limitation, the Atomic Energy Act of 1954, as amended.
5. In the event of damage to or destruction of the Mortgaged Premises,
or any portion thereof, Mortgagor shall give prompt written notice thereof to
the Collateral Agent. Except as otherwise provided in the WMECO Indenture,
and subject to the rights of the first mortgage indenture trustee under the
WMECO Indenture, (i) if the cost to repair or restore the damaged or
destroyed portion of the Mortgaged Premises, as estimated by Mortgagor in its
reasonable judgment, will not exceed $50,000,000, all proceeds of insurance
payable in respect thereof shall be paid to Mortgagor and applied by
Mortgagor to the cost of repair and restoration of the Mortgaged Premises,
and (ii) if the cost to repair or restore the damaged or destroyed portion of
the Mortgaged Premises, as estimated by Mortgagor in its reasonable judgment,
will exceed $50,000,000, all proceeds of insurance payable in respect thereof
shall be paid to the Collateral Agent and applied in reduction of the
outstanding principal balance of the Obligations.
6. Mortgagor shall give the Collateral Agent prompt written notice of
the commencement of proceedings to condemn or take under the power of eminent
domain all or any portion of or any interest in the Mortgaged Premises.
Except as otherwise provided in the WMECO Indenture, and subject to the
rights of the first mortgage indenture trustee under the WMECO Indenture, if
any portion of or interest in the Mortgaged Premises is permanently condemned
or taken by right of eminent domain, or is conveyed by Mortgagor in lieu
thereof, all awards and other amount paid in respect thereof shall be paid to
the Collateral Agent and applied in reduction of the outstanding principal
balance of the Obligations.
7. The Collateral Agent accepts this Mortgage upon and subject to the
terms and conditions of the Collateral Agency Agreement, and upon the terms
and conditions hereof, including the following, to all of which the Mortgagor
agrees:
(a) The Collateral Agent may exercise any of the powers hereof and
perform any duty hereunder either directly or by or through its agents or
attorneys and shall not be liable for the acts of such agents or attorneys
appointed with due care hereunder.
(b) If any instrument required to be recorded or filed or entered
in order to make effective the lien created by this Mortgage or to maintain
such lien is required to be executed and delivered by the Collateral Agent,
the Collateral Agent agrees that it will duly execute and deliver the same.
8. The resignation of any Collateral Agent, and the instrument or
instruments removing any Collateral Agent and appointing a successor
Collateral Agent hereunder, together with all deeds, conveyances, and other
instruments provided for herein, shall, if permitted by law, be forthwith
recorded, registered or filed by and at the expense of the Mortgagor wherever
this Mortgage is recorded, registered, or filed.
9. This Mortgage is, in part, an open-end mortgage to secure, among
other things, advances made or to be made pursuant to the Credit Agreement,
which is a commercial revolving loan agreement within the meaning of
Connecticut General Statutes 49-2(c), and this Mortgage, and the Collateral
Agent shall have all the rights, powers and protection allowed by applicable
law with respect thereto, subject only to such limitations as are imposed by
law. Additional and future loans and advances are specifically permitted to
be made under the Credit Agreement and this Mortgage and shall be secured
hereby equally with amounts advanced to the Mortgagor under the Credit
Agreement and evidenced by the Notes on the date hereof, if any, and shall be
entitled to the same priority as if such additional and future loans and
advances had been made on the date hereof. Upon request of the then owner of
record of the Mortgaged Premises, the Lenders may hereafter, at their option,
at any time before full payment of this Mortgage and in accordance with the
provisions of the Credit Agreement, make further advancements to such owner
in such amounts and at such rates of interest as the Lenders shall determine,
and every such further advance, with interest, shall be secured by this
Mortgage and evidenced by the Notes and the records of the holders of the
Notes; provided, however, that the principal amount of the indebtedness
secured by this Mortgage and remaining unpaid shall at no time exceed
$200,000,000.00, which is the maximum amount of the commercial revolving loan
authorized hereby; and provided further that the terms of repayment of any
such advancements shall not extend the time of repayment beyond the maturity
date as stated in the Credit Agreement, as it may be extended upon the
written agreement of the Mortgagor and the Lenders, pursuant to the terms of
the Credit Agreement.
A copy of the Credit Agreement, as amended from time to time, is on file
at the office of the Collateral Agent as set forth above, and a copy thereof
may be obtained upon written request therefor made to the Collateral Agent.
The aggregate principal balance of the commercial revolving loans outstanding
under the Credit Agreement as it exists from time to time can be ascertained
by making written inquiry of the Collateral Agent.
10. All the provisions herein shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns,
except as the context may otherwise require and except as otherwise herein
expressly provided.
11. This Mortgage is to be governed by and construed in accordance with
the laws of the State of Connecticut.
THE CONDITION OF THIS DEED IS SUCH THAT:
WHEREAS, the Mortgagor is or may become justly indebted to the Lenders
in the aggregate principal amount of up to $200,000,000.00, as evidenced by
the Notes, pursuant to the Credit Agreement, of which sum $73,000,000.00 has
been advanced to the Mortgagor pursuant to the Credit Agreement;
NOW THEREFORE, if all of the Obligations at any time secured under this
Mortgage are discharged in full and the commitments under the Credit
Agreement are terminated, then this Mortgage shall be void; otherwise it
shall be and remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the Mortgagor and the Collateral Agent have caused
this Mortgage to be executed as of the date first hereinabove mentioned.
Witnesses: WESTERN MASSACHUSETTS ELECTRIC COMPANY
Name:/s/ By/s/
Name:
Title:
Name:/s/
CITIBANK, N.A., as Collateral Agent
Name:/s/ By/s/
Name:
Title:
Name:/s/
STATE OF CONNECTICUT)
: ss: Berlin November , 1999
COUNTY OF HARTFORD )
The foregoing instrument was acknowledged before me ,
this day of November, 1999, by of Western Massachusetts
Electric Company, a Massachusetts public service corporation, on behalf of
the corporation.
Notary Public/s/
My Commission Expires:
STATE OF )
: ss: November , 1999
COUNTY OF )
The foregoing instrument was acknowledged before me ,
this day of November, 1999, by of Citibank, N.A., a
national banking association, on behalf of the national banking association,
as Collateral Agent.
/s/
Notary Public
My Commission Expires:
SCHEDULE A
All those certain pieces or parcels of land and other interests in real
estate situated in the Town of Waterford, County of New London and State of
Connecticut, and being more particularly described in the following deeds to
The Connecticut Light and Power Company ("CL&P"), The Hartford Electric Light
Company ("HELCO") (which was merged with and into CL&P as of June 30, 1982)
and Western Massachusetts Electric Company ("WMECO"):
a) Deed from The Millstone Point Company to CL&P, HELCO and WMECO
dated June 27, 1966 and recorded June 28, 1967 in Volume 163,
Page 554 of the Waterford Land Records (the whole of the
premises therein described being hereinafter referred to as
the "Millstone Point Site" or the "Site"); and
b) Deed from the Trustees of the property of The New York, New
Haven and Hartford Railroad Company to CL&P, HELCO and WMECO
dated October 25, 1967 and recorded October 26, 1967 in Volume
170, Page 219 of the Waterford Land Records; and
c) Quitclaim Deed from the Town of Waterford to CL&P, HELCO and
WMECO dated May 8, 1968 and recorded May 13, 1968 in Volume
172, Page 262 of the Waterford Land Records;
Excepting therefrom those certain pieces or parcels of land and other
interests in real estate that were conveyed by or acquired from CL&P,
HELCO and WMECO in or pursuant to the following instruments:
d) Deed from CL&P, HELCO and WMECO to the Town of Waterford dated
September 26, 1966 and recorded May 13, 1968 in Volume 172,
Page 676 of the Waterford Land Records;
e) Statutory Form Warranty Deed (Building and Improvements Only)
from CL&P, HELCO and WMECO to Interet Land Co. dated December
28, 1978 and recorded December 29, 1978 in Volume 248, Page
307 of the Waterford Land Records; and
f) Certificate of Taking by the State of Connecticut dated
November 20, 1987 and recorded December 7, 1987 in Volume 336,
Page 450 of the Waterford Land Records;
And further excepting therefrom all that certain piece or parcel of land
containing 6.6 acres, more or less, located westerly of that certain
private access road sometimes known as Fox Island Road, being a portion
of the Millstone Point Site, and being more particularly bounded and
described as follows:
Commencing at a point on the westerly face of a seawall along
the easterly edge of Niantic Bay, marking a corner of land herein
described; thence running the following ten (10) courses and
distances through the Site: running N 75E 16' W, about 65 feet to
a point; thence N 30E 16' E, 45.00 feet to a point, which point is
north 173837.43 and east 759563.11 on the Connecticut State Plane
Coordinate System; thence N 75E 16' E, in part along a line
between Millstone Unit No. 1 and Unit No. 2, 528.00 feet to a
point; thence S 58E 44' E, 100.00 feet to a point; thence S 12E
44' E, about 300 feet to a point marking the edge of an abandoned
quarry; thence southerly along the edge of said quarry, about 220
feet to a point; thence N 59E 44' W, about 140 feet to a point;
thence S 75E 16' W, 195.00 feet to a point; thence N 14E 44' W,
40.00 feet to a point, which point is north 173524.35 and east
759866.71 on the Connecticut State Plane Coordinate System; thence
S 75E 16' W, about 355 feet to a point in the easterly shoreline
of Niantic Bay; thence running northerly along said shoreline of
Niantic Bay, about 185 feet to a point marking the southwesterly
corner of intake structure No. 1; thence running the following
two (2) courses and distances along said intake structure No. 1:
running northerly about 70 feet to a point marking the
northwesterly corner of said structure; thence running easterly
about 30 feet to a point marking the intersection of the northerly
face of said structure with the westerly face of the seawall
mentioned above; thence running northerly along said westerly face
of said seawall, about 110 feet to the point and place of
beginning:
The above bearings are referred to the Connecticut Grid North.
Said parcel of land is more clearly designated and defined by a map
entitled "PLAN SHOWING LAND ASSOCIATED WITH MILLSTONE UNIT NO. 1 TOWN OF
WATERFORD SCALE: 1" = 100' DATE: 2-18-1981 SYSTEM REAL ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇. ▇▇▇▇▇", a copy of which map has been or will be
filed for record in the Town Clerk's office in said Town of Waterford
and reference to which is hereby made.
Together with the rights created in, but subject to the terms and
conditions of, the following instruments:
g) Easement from the Trustees of the property of The New York,
New Haven and Hartford Railroad Company to CL&P, HELCO and
WMECO dated October 31, 1967 and recorded in Volume 170, Page
223 of the Waterford Land Records;
h) Water Main Easement from the Trustees of the property of The
New York, New Haven and Hartford Railroad Company to CL&P,
HELCO and WMECO dated August 14, 1968 and recorded August 21,
1968 in Volume 174, Page 319 of the Waterford Land Records;
i) Easement from the Trustees of the property of The New York,
New Haven and Hartford Railroad Company to CL&P dated
September 5, 1968 and recorded February 13, 1969 in Volume
176, Page 634 of the Waterford Land Records; and
j) Drainage Easement from ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ to CL&P and WMECO
dated June 21, 1985 and recorded July 16, 1985 in Volume 295,
Page 694 of the Waterford Land Records.
Said premises are conveyed subject to the general reservation to the
Mortgagor and its successors and assigns forever of the right to use the
premises described in this Schedule A (exclusive of the portions thereof
on which the Millstone ▇▇▇▇ ▇▇. ▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇ generating
unit structures are located) for whatever purpose they may desire in
connection with the use and ownership of the Site.
Without in any way limiting the general reservation set forth in the
preceding paragraph, said premises are also conveyed subject to the
specific reservation to the Mortgagor and to its successors and assigns
forever of the rights (a) to use, maintain and relocate the access roads
on the Mortgaged Premises and on the Site; (b) to construct, install,
reconstruct, inspect, repair, replace, use, maintain and operate
beneath, on and over said premises lines for the transmission of
electricity and related facilities and pipes or mains for water,
sewerage, drainage or any other necessary utility services; (c) to use,
repair, reconstruct and maintain, and to have maintained, for the
benefit of the Millstone Unit No. 1 generating unit structure, the
common wall between said Millstone Unit No. 2 and said Millstone Unit
No. 1; (d) to park vehicles and store equipment on said premises; (e) to
construct, reconstruct, repair, maintain, use and operate intake and
discharge facilities and structures on said premises; and (f) to
construct, install, reconstruct, inspect, use, repair, replace and
maintain any and all areas, facilities, fixtures and equipment on said
premises, whether or not included in said Millstone Unit No. 2 or
Millstone Unit No. 3 generating unit structures, which are now or may
hereinafter be used or useful, in whole or in part, in connection with
the operation or ownership of the Site or any other portion thereof.
Said premises are also subject to the following matters:
1. Any and all provisions of any ordinance, municipal regulation or
public or private law.
2. Taxes to the Town of Waterford on the Lists of October 1, 1998, and
all subsequent years.
3. Any and all rights, easements, reservations, waivers, conditions
and covenants as of record may appear.
4. Any and all liens that may hereafter arise under Connecticut
General Statutes Section 22a-452a, which provides, under certain
circumstances, for the creation of priority liens in favor of the
State of Connecticut covering reimbursement for expenses incurred
in containing, removing or mitigating a "spill" (as defined in said
statute).
5. Such state of facts as an accurate survey and personal inspection
of the premises might disclose.
6. Any riparian, littoral or other rights of others in and to any
brook, stream, bay, sound or watercourse flowing through, over or
along the premises.
7. Any statutory lien for labor or material.
8. Terms, conditions, limitations, restrictions, and provisions of
that certain agreement dated as of September 1, 1973, as amended
and as to be amended by various amendatory agreements, including
those dated as of August 1, 1974, and December 15, 1975, by and
among The Connecticut Light and Power Company and several other New
England electric utilities (said agreement, as so amended, being
referred to herein as the "Sharing Agreement"), a copy of which
Sharing Agreement (excluding the amendatory agreement dated as of
December 15, 1975, and all other amendatory agreements dated after
February 28, 1975) is attached as Schedule B to a certain quitclaim
deed from The Connecticut Light and Power Company dated February
28, 1975, and recorded in the Waterford Land Records in Volume 215,
Page 252, and a copy of which amendatory agreement dated as of
December 15, 1975, is attached to a certain quitclaim deed from The
Connecticut Light and Power Company to Central Maine Power Company
et al, dated October 25, 1977, and recorded in said Land Records
in Volume 239, Page 13.
9. Agreement ("Waiver Agreement") among Public Service Company of New
Hampshire and other electric utilities, dated as of August 10,
1977, and recorded in the Waterford Land Records in Volume 245,
Page 443, as amended by agreements dated as of September 1, 1977,
recorded in said Land Records in Volume 245, Page 476, and as of
November 1, 1977, and recorded in said Land Records in Volume 245,
Page 501.
10. Certain fencing rights, and reservation of 50-foot right-of-way and
right to install service lines, as set forth in deed from The New
York, New Haven, and Hartford Railroad Company to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇,
dated May 14, 1956, and recorded in the Waterford Land Records in
Volume 111, Page 535.
11. Certain rights reserved by ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ in a warranty deed to The
Millstone Point Company, dated February 10, 1966, and recorded in
the Waterford Land Records in Volume 161, Page 600, with respect to
railroad crossings and use of portion of discontinued Millstone
Road.
12. Distribution easement from The Millstone Point Company to The
Connecticut Light and Power Company, dated June 27, 1966, and
recorded in the Waterford Land Records in Volume 163, Page 525.
13. Transmission easement from The Millstone Point Company to The
Connecticut Light and Power Company, dated June 27, 1966, and
recorded in the Waterford Land Records in Volume 163, Page 531.
14. Covenants with respect to construction, noninterference with
railroad trains, risk of loss, etc. in connection with railroad
crossing easement from the Trustees of the property of The New
York, New Haven and Hartford Railroad Company to The Connecticut
Light and Power Company et al, dated October 25, 1967, and recorded
in the Waterford Land Records in Volume 170, Page 223.
15. Notice of Order Establishing Bounds of Wetlands Area (Tidal) by
Commissioner of Environmental Protection, dated July 2, 1973, and
recorded in the Waterford Land Records in Volume 205, Page 338.
16. Special Exception from Waterford Planning and Zoning Commission,
dated March 22, 1976, and recorded in the Waterford Land Records in
Volume 224, Page 390.
17. A covenant, surrender and waiver of partition rights, a condition
subsequent concerning compliance with Sharing Agreement, certain
other conditions, limitations and restrictions of Sharing
Agreement, a certain general reservation, a certain specific
reservation and all other rights, limitations and reservations set
forth in the aforesaid quitclaim deed from The Connecticut Light
and Power Company dated February 28, 1975.
18. Covenant regarding prohibition of partition of premises in set
forth in, and easements, rights of way, financing covenants and
rights to use water systems cited in, a warranty deed from The
Millstone Point Company to CL&P, WMECO and HELCO, dated June 7,
1966 and recorded in said Land Records in Volume 163, Page 554.
19. Reservation of 50 foot strip, existing drainage conditions and
fence agreements cited in deed from the Trustees of the property of
The New York, New Haven and Hartford Railroad Company to CL&P,
HELCO and WMECO dated October 25, 1967 and recorded in said Land
Records in Volume 170, Page 219.
20. License agreement to the Town of Waterford dated November 29, 1978
and recorded in said Land Records in Volume 248, Page 47.
21. Ground Lease to Interet Land Co., Inc. dated December 28, 1978 and
recorded in said Land Records in Volume 248, Page 310.
22. License to the Town of Waterford dated September 19, 1979 and
recorded in said Land Records in Volume 253, Page 416.
23. Ground Lease to Northeast Nuclear Energy Company dated August 26,
1983 and recorded in said Land Records in Volume 275, Page 349,
amended and restated October 1, 1985 and recorded in said Land
Records in Volume 298, Page 843.
24. Declaration and Waiver with ComPlane, Inc. dated November 27, 1985
and recorded in said Land Records in Volume 298, Page 518.
25. Sewer Easement to the Town of Waterford dated November 19, 1984 and
recorded in said Land Records in Volume 290, Page 595.
26. Order to ▇▇▇▇▇ Pollution by State Connecticut Department of
Environmental Protection dated October 18, 1985 and recorded in
said Land Records in Volume 299, Page 247.
27. Order to ▇▇▇▇▇ Pollution by State of Connecticut Department of
Environmental Protection dated October 18, 1985 and recorded in
said Land Records in Volume 299, Page 247 and modified September
18, 1986 and recorded in said Land Records in Volume 313, Page 861
and November 20, 1987 and recorded in said Land Records in Volume
336, Page 185.
28. Special Permit granted by the Town of Waterford Planning and Zoning
Commission dated June 22, 1987 and recorded in said Land Records in
Volume 328, Page 369.
29. Permanent easement to slope and permanent drainage right of way,
and temporary easements to construct driveways and sedimentation
controls in Certificate of Taking by the State of Connecticut dated
November 20, 1987 and recorded in said Land Records in Volume 336,
Page 450.
30. Notice of Parties to Agreement among CL&P, WMECO, Northeast Nuclear
Energy Company and Connecticut Yankee Power Company dated June 2,
1988 and recorded in said Land Records in Volume 345, Page 56.
31. Notice of Air Management Order to State of Connecticut Department
of Environmental Protection dated October 20, 1995 and recorded in
said Land Records in Volume 478, Page 704.
32. Pump Station Easement to the Town of Waterford dated December 23,
1996 and recorded in said Land Records in Volume 465, Page 308.
33. Water Line Easement to the Town of Waterford dated September 18,
1997 and recorded in said Land Records in Volume 474, Page 214.
34. Short Form Agreement for the Provision of Fiber Optic Facilities
and Services dated February 27, 1998, and recorded in said Land
Records in Volume 480, Page 1190.