Exhibit 10.28
This Indenture State of New York )
County of )ss.:
Made the 9th day of October Recorded on the __ day of _______
Nineteen Hundred and Ninety-Seven A.D., 19__ at _____ o'clock ___M
in liber ____ of Deeds at Page ____
and examined.
Clerk
Between
XXXXXXXX ADHESIVES, INC., a corporation having an address of 0000 Xxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxx, Xxxxxxxx 00000,
party of the first part, and
COUNTY OF SARATOGA INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation
having an address of Saratoga County Municipal Center, 00 XxXxxxxx Xxxxxx,
Xxxxxxxx Xxx, Xxx Xxxx 00000
party of the second part,
Witnesseth that the party of the first part, in consideration of Ten
Dollars ($10.00) lawful money of the United States and other good and valuable
consideration paid by the party of the second part, does hereby grant and
release unto the party of the second part, its successors and assigns forever,
all
THAT TRACT OR PARCEL OF LAND, situate in the Town of Xxxxxx, County of
Saratoga and State of New York more fully described as Lot Number 3 as shown on
subdivision maps of Xxxxxx Industrial Park prepared by The Saratoga Associates
and filed in the Saratoga County Clerk's Office on March 18, 1992 in drawer
#M-348 A-Z and AA-DD; and as modified by revised subdivision maps of Xxxxxx
Industrial Park prepared by The Saratoga Associates and filed in the Saratoga
County Clerk's Office on February 16, 1994 in drawer #M-398, A-S and being
further bounded and described as follows:
BEGINNING at a point marked with a capped iron rod found at the point
of intersection of the easterly line of Xxxxxx Road with the common division
line of Xxx Xx. 0 xx xxx xxxxx xxx Xxx Xx. 0 to the south as shown on said map;
thence from said point of beginning along said common division line the
following five (5) courses and distances:
1) North 90 deg. 00 min. 00 sec. East, 347.86 feet to a point marked with
a capped iron rod found;
2) South 00 deg. 00 min. 00 sec. West, 32.63 feet to a point marked with a
capped iron rod found;
3) North 90 deg. 00 min. 00 sec. East, 191.52 feet to a point marked with
a capped iron rod found;
4) North 00 deg. 00 min. 00 sec. East, 32.63 feet to a point marked with a
capped iron rod found;
5) North 90 deg. 00 min. 00 sec. East, 680.17 feet to the point of
intersection of the westerly line of Lot No. 5 with the common division line of
Xxx Xx. 0 xx xxx xxxxx xxx Xxx Xx. 0 to the south as shown on said map; thence
along said westerly line, South 16 deg. 10 min. 56 sec. West, 102.04 feet to a
point in the northwesterly line of lands of The State of New York as shown on
said map, said point also being at the 145 foot elevation; thence along said
northwesterly and the westerly line of lands of The State of New York as it
winds and turns along the 145 foot elevation in a southerly direction 712 +/-
feet to the point of intersection of said westerly line of lands of The State of
New York with the common division line of Xxx Xx. 0 xx xxx xxxxx xxx Xxx Xx. 0
to the south as shown on said map, the last course having a tie-line of South 33
deg. 02 min. 30 sec. West, 699.47 feet; thence along said common division line,
South 90 deg. 00 min. 00 sec. West, 865.65 feet to a point marked with a capped
iron rod found at the point of intersection of the easterly line of Xxxxxx Road
with the common division line of Xxx Xx. 0 xx xxx xxxxx xxx Xxx Xx. 0 to the
south as shown on said map; thence along said easterly line in a northerly
direction the following four (4) courses and distances:
1) North 00 deg. 00 min. 00 sec. West, 116.35 feet to a point of
curvature;
2) Along a curve to the right an arc length of 464.05 feet to a point of
tangency, said curve having a radius of 2,773.32 feet and a delta angle
of 09 deg. 35 min. 13 sec.;
3) North 09 deg. 35 min. 13 sec. East, 50.00 feet to a point of curvature;
4) Along a curve to the left an arc length of 57.49 feet to the point or
place of beginning, said curve having a radius of 2,294.42 feet and a delta
angle of 01 deg. 26 min. 08 sec., said parcel containing 16.37 +/- acres of land
and being Lot No. 3 as shown on said map.
BEING the same premises conveyed by deed dated August 13, 1997 from
Town of Xxxxxx to Xxxxxxxx Adhesives Incorporated and recorded in the Saratoga
County Clerk's Office on August 19, 1997 in Book 1468 of Deeds at Page 770.
SUBJECT TO ALL EASEMENTS OF RECORD.
THIS CONVEYANCE DOES NOT CONSTITUTE ALL OR SUBSTANTIALLY ALL OF THE
ASSETS OF THE PARTY OF THE FIRST PART AND HAS BEEN MADE IN THE ORDINARY COURSE
OF BUSINESS OF THE PARTY OF THE FIRST PART.
Together with the appurtenances and all the estate and rights of the
party of the first part in and to said premises,
To have and to hold the premises herein granted unto the party of the
second part, its heirs and assigns forever.
And said party of the first part covenants as follows:
First, That the party of the second part shall quietly enjoy said
premises;
Second, That said party of the first part will forever Warrant the
title to said premises.
Third, That, in Compliance with Sec. 13 of the Lien Law, the grantor
will receive the consideration for this conveyance and will hold the right to
receive such consideration as a trust fund to be applied first for the purpose
of paying the cost of the improvement and will apply the same first to the
payment of the cost of the improvement before using any part of the total of the
same for any other purpose.
In Witness Whereof, the party of the first part has hereunto set its
hand the day and year first above written.
In Presence of XXXXXXXX ADHESIVES, INC.
By: /s/ Xxxxxxx X. Xxxxxxx
-----------------------------
Name: Xxxxxxx X. Xxxxxxx
---------------------------
Title: Executive Vice President
--------------------------
State of New York )
)ss.:
County of SARATOGA )
On this 9th day of October Nineteen Hundred and
Ninety-Seven, before me personally came Xxxxxxx X. Xxxxxxx, to me known,
who being by me duly sworn, did depose and say that he resides in
Waverly, Virginia, that he is the Exec Vice President of XXXXXXXX ADHESIVES,
INC., the corporation described in and which executed the foregoing instrument,
and that he signed his name thereto by order of the Board of Directors of said
corporation.
/s/ Xxxxxxx X. Xxxxxx
--------------------------------
Notary Public
XXXXXXX X. XXXXXX
Notary Public, State of New York
Washington County #01PR4921971
Commission Expires Feb. 28, 1998
RECORD AND RETURN:
Xxxxx X. Xxxxxxxxxx, Esq.
Xxxxxx & Xxxx, P.C.
00 Xxxxxxxx Xxxxx
Xxxxxxxx Xxxxxxx, Xxx Xxxx 00000
