EXHIBIT 3.18
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LIMITED LIABILITY COMPANY AGREEMENT
FOR
EMPIRE STATE I, LLC
A DELAWARE LIMITED LIABILITY COMPANY
This Limited Liability Company Agreement for EMPIRE STATE I, LLC, a
Delaware limited liability company (the "Agreement") is made as of October 14,
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1998, by and between NORTHEAST RESTORATION COMPANY, LLC, a Delaware limited
liability company (the "Member"), and LANDBANK ENVIRONMENTAL PROPERTIES LLC, a
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Delaware limited liability company (the "Manager").
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NOW, THEREFORE, the Member and the Manager hereby adopt this Limited
Liability Company Agreement for the Company upon the terms and subject to the
conditions set forth herein.
ARTICLE I.
DEFINITIONS
As used in this Agreement, the following terms shall have the following
meanings:
1.1 "Act" shall mean the Delaware Limited Liability Company Act as set
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forth in Chapter 18 (commencing with Section 18-101) of the General Corporation
Law of the State of Delaware (or any corresponding provision or provisions of
any succeeding law).
1.2 "Affiliate" or "affiliate" shall mean any individual, partnership,
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corporation, trust or other entity or association, directly or indirectly,
through one or more intermediaries, controlling, controlled by, or under common
control with a person. The term "control," as used in the immediately preceding
sentence, means, with respect to a corporation or limited liability company, the
right to exercise, directly or indirectly, more than fifty percent (50.0%) of
the voting rights attributable to the controlled corporation or limited
liability company, and, with respect to any individual, partnership, trust,
other entity or association, the possession, directly or indirectly, of the
power to direct or cause the direction of the management or policies of the
controlled individual or entity.
1.3 "AFMC" shall mean AFMC Inc., a Delaware corporation.
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1.4 "AFMC Agreement" shall mean that certain Contract of Sale between
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LandBank and AFMC dated as of August 12, 1998, for the purchase of the Property.
1.5 "Agreement" or "this Agreement" means the limited liability company
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agreement of the Company as adopted herein and as may be further amended from
time to time as permitted hereunder.
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1.6 "AI" shall mean Xxxxxxxxx Investments LLC, a Colorado limited
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liability company, and its successors in interest
1.7 "Capital Contribution" shall mean the amount of cash or the agreed
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fair market value of other property contributed to the Company by a Member and
credited to the Member's Capital Account as provided in Article 3 hereof.
1.8 "Cash Flow" shall mean the cash flow of the Company that is available
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for distribution to the Member and which, as to any particular Fiscal Year or
portion thereof, consists of the gross revenues of the Company, including any
Capital Contributions made by a Member to the Company, less (i) the aggregate
amount of all costs paid by the Company during such fiscal period for the
operations of the Company, including, without limitation, payments of any fees
or costs to a Member or its Affiliates as permitted herein, all payments
required under the Loan Documents, and all other operating costs of the Company,
and less (ii) all reserves required to complete the Restoration of the
Properties, and other appropriate reserves for the anticipated costs of the
Company.
1.9 "Certificate" shall mean the Certificate of Formation for the Company
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originally filed with the Delaware Secretary of State and as amended from time
to time.
1.10 "Closing" shall mean the closing of the acquisition of the Properties
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by the Company in accordance with the AFMC Agreement.
1.11 "Code" shall mean the Internal Revenue Code of 1986, as amended from
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time to time, and the provisions of succeeding law.
1.12 "Company" shall mean Empire State I, LLC, a Delaware limited
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liability company.
1.13 "Fiscal Year" shall mean the Company's fiscal year, which shall be
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the calendar year or, at the option of the Manager, a 52/53 week year.
1.14 "Insurance Underwriting Fee" shall mean the fee payable to LBEP, in
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the amount provided in Section 5.5.1 hereof.
1.15 "LandBank" shall mean LandBank, Inc., a Delaware corporation, and its
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successors in interest.
1.16 "LandBank Services" shall mean the tasks which LBEP agrees to
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undertake with respect to the Project, which shall include the following: (i)
environmental due diligence prior to purchase of the Property; (ii) real estate
due diligence prior to purchase of the Property; (iii) underwriting and
placement of environmental insurance policies; (iv) development of all plans
required to complete remediation; (v) oversight of cleanup activities; (vi)
preparing a cash flow model and critical path for the Project; (vii) designing
and implementing an exit strategy for each Property; (viii) directing and
managing the sale of the Property; (ix) performing all management and
administrative functions of the Company; and (x) engaging attorneys,
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accountants, and other professionals on behalf of the Company as may be
necessary to perform the tasks mentioned in (i) - (ix).
1.17 "LBEP" shall mean LandBank Environmental Properties LLC, a Delaware
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limited liability company, and its successors in interest.
1.18 "Loan" shall mean that certain loan in the original principal amount
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of $2,500,000 made by Xxxxxxxxx Acquisitions Corporation, a Colorado
corporation, to Northeast.
1.19 "Loan Documents" shall mean the promissory note and all other
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documents evidencing or securing the Loan.
1.20 "Manager" shall mean LBEP or its successor pursuant to Section 5.6
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hereof.
1.21 "Member" shall mean Northeast, and any other person from time to time
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who may be admitted to the Company as a Member in accordance with the
Certificate and this Agreement or is a permitted assignee who has become a
Member in accordance with Article 4, and who has not resigned, withdrawn, been
expelled or, if other than an individual, dissolved.
1.22 "Northeast" shall mean Northeast Restoration Company, LLC, a Delaware
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limited liability company, and its successors in interest.
1.23 "Option Agreement" shall mean that certain Option Agreement between
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Northeast and AI dated November 17, 1998, pursuant to which AI may elect to
become a member of Northeast on the terms set forth therein.
1.24 "Project" shall mean the Properties and the improvements thereon and
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the personal property used in connection therewith, including all entitlements
related thereto, and the Company's planned remediation and sale of such real
property.
1.25 "Project Budget" shall mean the most recently updated and approved
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Project Budget as provided in Section 5.2 hereof.
1.26 "Property" and "Properties" shall mean each and all of the parcels of
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real property to be acquired by the Company pursuant to the AFMC Agreement, more
particularly described in Exhibit A attached hereto.
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1.27 "Remediation Management Fee" shall mean the fee payable to the
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Manager for the LandBank Services in supervising any and all environmental
remediation on the Property, in the amount provided in Section 5.5.2 hereof.
1.28 "Restoration" shall mean the environmental remediation of the
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Properties, including without limitation, moving and handling of contaminated
soil, and obtaining a "no further action" letter (or its equivalent) from the
applicable governmental agency or agencies exercising environmental jurisdiction
over the Properties.
1.29 "Term" shall have the meaning ascribed to it in Section 2.2 hereof.
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1.30 "Treasury Regulations" shall, unless the context clearly indicates
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otherwise, mean the final or temporary regulations in force at any moment in
time that have been issued by the U.S. Department of Treasury pursuant to its
authority under the Code.
ARTICLE II.
ORGANIZATIONAL MATTERS
2.1 Name. The name of the Company shall be "Empire State I, LLC." The
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Company may conduct business under that name or any other name approved by the
Member.
2.2 Term. The Term of the Company shall commence on the date of filing
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the Company's Certificate with the Delaware Secretary of State and shall end on
August 12, 2028, unless extended or unless sooner terminated pursuant to this
Agreement.
2.3 Office and Agent. The Company shall continuously maintain an office
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and registered agent in the State of Delaware as required by the Act. The
registered agent and registered office of the Company shall be: The Corporation
Trust Company, Corporation Trust Center, 0000 Xxxxxx Xxxxxx, Xxxxxxxxxx, XX
00000 or such other agent or location as the Manager may deem necessary or
desirable.
2.4 Business of the Company. The Company is organized and shall operate
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solely to engage in the following business: (i) to acquire, own, hold for
investment, remediate, restore, finance, manage, sell, lease, dispose of and
otherwise deal with, and realize the economic benefit from, the Project; and
(ii) to engage in any other lawful activities directly related to the foregoing
business as may be necessary or advisable in the reasonable opinion of the
Member to further such business. Such activities shall include specifically the
following: managing the required remediation of each of the Properties; placing
the environmental insurance to manage the liabilities and financial risks
resulting from ownership and cleanup of the Properties; developing an exit
strategy for each Property; and negotiating the sale and selling the Properties.
The Company shall not engage in any other business other than the foregoing
without the consent of the Member, which consent may be granted or withheld in
the Member's sole and absolute discretion and is subject to the consent of AI
under the Option Agreement.
ARTICLE III.
CAPITAL CONTRIBUTIONS
3.1 Capital Contributions. As its initial Capital Contribution to the
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Company, the Member shall contribute (or cause to be transferred to the Company
by an Affiliate) its and its Affiliates' entire right, title and interest in and
to the Properties, including without limitation all rights under the AFMC
Agreement and the deposit made thereunder with respect to the Properties. The
fair market value of such contribution is agreed to be equal to the amount of
the deposit that the Member has paid under the AFMC Agreement with respect to
the Properties. The Member in addition may, but shall not be required to,
contribute to the Company any additional funds needed to complete the purchase
of the Property pursuant to the AFMC Agreement, provided that such AFMC
Agreement is not terminated, and additional funds
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required for the operation of the Company, all as shown in the Final Proforma or
in the approved Project Budget.
The Member may make additional Capital Contributions to the Company from
time to time in the Member's sole discretion, but no additional Capital
Contributions are required. Except as otherwise provided herein, all Capital
Contributions shall be paid in cash.
3.2 Withdrawal of Capital Contributions. Subject to any applicable
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limitations in the Act, the Member's Capital Contributions and other sums
advanced on behalf of the Company shall be repaid to the Member, in whole or in
part, as provided in Article 6 hereof.
ARTICLE IV.
MEMBERS
4.1 Identification. Northeast shall be the sole initial Member of the
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Company. No other person may become a Member except pursuant to a transfer
specifically permitted under and effected in compliance with Section 4.2 of this
Agreement or upon admission of a new Member with the prior written consent of
all of the Members.
4.2 Transfer; Admission of New Members. The Member shall have the right
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at any time and from time to time to transfer all or any part of its interest in
the Company to any person; provided, however, that any new Member admitted as a
Member of the Company and any transferee of a membership interest shall have the
right to become a new or a substitute Member only if: (i) the instrument
creating or transferring such membership interest states that such person shall
be admitted as a Member of the Company; (ii) written consent of the Member and
of AI as required under the Option Agreement is given to the admission of the
new or substitute Member; (iii) such person executes an instrument satisfactory
to the Member accepting and adopting the terms and provisions of this Agreement;
and (iv) such person pays any reasonable expenses of the Company (including,
without limitation, reasonable attorneys' fees and costs) in connection with its
admission as a new Member.
4.3 Member Approval. No annual or regular meetings of the Members are
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required to be held. The approval of any act or other matter by Northeast shall
constitute approval by the Member and by the Company, subject to any required
consent by AI under the Option Agreement.
ARTICLE V.
Manager; MANAGEMENT AND CONTROL OF THE COMPANY
5.1 Manager. LBEP shall be the Manager of the Company. As Manager, LBEP
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shall manage the Company on a day-to-day basis and shall provide to the Company
all services not specifically designated in this Agreement to be provided by
another party.
5.2 Management of the Company. The Manager shall prepare such budget,
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financial reports and operating plans for the Company as may be required for the
operation of the Company. The Manager shall, subject to the availability of
operating revenues and other cash
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flow, carry out the business plan and the Project Budget (hereinafter defined)
adopted by the Company and shall supervise the operations of the Company. The
Manager shall have the authority and responsibility to manage the Company's
business. The Manager shall use reasonable efforts to perform its duties under
this Article 5 including, without limitation, employing necessary personnel, on
and off-site, to carry on the business of the Company. The Manager shall devote
itself to the business of the Company to the extent necessary for the efficient
carrying on thereof, without compensation therefor except as provided herein .
5.2.1 Project Budget. The Manager shall prepare a Project Budget,
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which Project Budget shall provide for revenue and expenses for each phase of
the Company's acquisition, Restoration and disposition of the Project,
containing the items listed in this Section 5.2.1 below. The Manager shall
include in such Project Budget any amounts to be paid to any person (including
without limitation any Member or Affiliate of a Member) in connection with each
phase of the Project. The Project Budget at a minimum shall contain the
following information:
(a) a narrative description of each phase of the acquisition and
Restoration for the Project proposed or expected to be undertaken by the Company
during each Fiscal Year;
(b) a development schedule identifying the projected phases of
Restoration for the Project as well as the times for completion of the various
phases of Restoration of the Project and the expenses attributable to each
phase; and
(c) a schedule of projected Cash Flow and projected uses of funds
on a Fiscal Year-by-Fiscal Year basis, which schedule shall include any required
Capital Contributions needed by the Company and proposed by the Manager.
5.2.2 Budget Updates and Approval. The Manager shall deliver for
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review and approval by the Member and by AI pursuant to the Option Agreement a
master schedule setting forth the most current Project Budget for the current
Fiscal Year and the next Fiscal Year (which shall include a schedule for
completion of the various components of the Project), on or before thirty (30)
days after the Closing. Such Project Budget shall include Cash Flow to the
Company at least equal to the net Cash Flow shown in the Final Proforma.
Thereafter, the Manager shall provide to the Member and to AI within two (2)
weeks after the end of each month monthly historical financial statements on an
accrual basis which shall include balance sheet, income statement and statement
of cash flows. The Manager shall update the Project Budget annually for each
succeeding Fiscal Year. After the first Project Budget, an updated Project
Budget shall be prepared no later than November 30th of each Fiscal Year for the
next succeeding Fiscal Year, if necessary. The Manager shall provide a copy of
the Project Budget, and each update thereof, to the Member. The Company shall
spend no amount, and shall incur no obligation, which exceeds the amounts
provided in the approved Project Budget, as updated and approved by the Member
(and by AI as required under the Option Agreement); provided, however, that the
Project Budget shall include a Five Percent (5%) contingency, and expenditures
within such contingency amount shall be permitted.
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5.3 LandBank Services. The Manager shall perform the LandBank Services
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for the Company as provided herein. The Manager shall not be entitled to
compensation for the LandBank Services rendered to the Company, except as
provided herein. However, the Company shall pay all costs payable to third
parties in connection with such services.
5.4 Insurance.
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5.4.1 Coverage. The Manager shall cause the Company to be added as
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an additional insured on its general liability and errors and omissions policy,
so that the Company is in compliance with (i) all requirements of the AFMC
Agreement as set forth in Exhibit B attached hereto, and (ii) all applicable
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laws, regulations and requirements. The Company in addition may (but is not
required to) obtain Comprehensive Automobile Liability insurance insuring
Company against liability for claims arising out of the ownership, maintenance
or use of any owned, hired or non-owned vehicles; Property insurance appropriate
to cover loss resulting from destruction of or damage to some, but not all, of
the buildings or structures associated with the Project, with coverage based on
the appropriate level of risk of loss to the Company regarding such selected
buildings or structures; and such additional insurance against other risks of
loss to the Project as, from time to time, may be required by any lender making
a loan to the Company or which may be required by law.
5.4.2 Management. All policies of insurance shall be treated, in the
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appropriate part attributable to the Company, as a cost and expense of the
Company. The Manager shall act on behalf of all named insureds under each of the
insurance policies with respect to all matters pertaining to the insurance
afforded by each of such policies, including the giving and receiving of notice
of cancellation, the payment of premiums and the receiving of returned premiums,
if any, and of such dividends as may be declared by any of the insurance
companies issuing any of such policies.
5.4.3 Subcontractor Insurance. The Manager shall require by contract
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that each and every subcontractor and consultant providing services in
connection with the Project shall obtain and maintain insurance, with the
exception of property and stop/loss insurance, that the Manager deems
appropriate for the particular type and amount of contract involved. The Manager
may include any or all subcontractors and consultants under the insurance
maintained by the Manager hereunder with adjustment of coverages and increase in
limits as applicable.
5.4.4 Modifications to insurance Requirements. The Manager shall
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review annually the insurance requirements of this Agreement in conjunction with
the Company's insurance broker and obtain increased coverage limits or
additional forms of insurance as are prudent to protect the interests of the
Company and the Members.
5.5 Managers' Fees. In addition to any fees payable to LBEP or any
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Affiliate as may be approved by the Member and by AI as required under the
Option Agreement, the Manager shall receive the following fees for its services
to the Company.
5.5.1 Insurance Underwriting Fee. As part of its services, the
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Manager shall perform environmental underwriting of the insurance for the
Project. At the Closing, the
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Manager shall be paid an Insurance Underwriting Fee in the amount of two percent
(2%) of the purchase price of the Property.
5.5.2 Remediation Management Fee. As part of its services, the
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Manager shall provide services to the Company in connection with supervising the
Restoration of the Project. The Manager shall be paid a Remediation Management
Fee for such services in the amount of five percent (5%) of any and all costs of
environmental remediation performed on any or all of the Properties; provided,
however, that such Remediation Management Fee payable hereunder shall not exceed
the aggregate such Remediation Management Fee contained in the approved Project
Budget. Such fee shall be payable on the fifteenth 15th day of each month based
on the environmental remediation costs incurred in the immediately preceding
month.
5.6 Removal and Election of Manager; Resignation. The Manager may be
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removed by the Member at any time for failure to carry out its duties hereunder;
and the Member at any time may appoint one or more substitute or additional
managers of the Company, subject to the consent of AI as required under the
Option Agreement. The Manager may resign as a manager at any time.
ARTICLE VI.
DISTRIBUTIONS; ALLOCATIONS
6.1 Periodic Distributions by the Company. Subject to applicable law and
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any limitations contained elsewhere in this Agreement and to the allocation of a
portion of the Company's cash to an appropriate reserve for unanticipated
expenses, the Manager shall cause the Company (i) to pay or provide for the
payment of all of its expenses, liabilities and obligations as they become due,
including without limitation any fees that are payable to any Member or any
Affiliate thereof for its services hereunder, and any loan payments that are due
under the Loan Documents or to any other lender, and thereafter (ii) to make
cash distributions to the Member from the Cash Flow of the Company. Such cash
distributions shall be made quarterly or more frequently, beginning December 31,
1998. Except as otherwise provided herein, distributions of Cash Flow to the
Member as provided in (ii) above shall be made to the Member according to the
priorities in this Article 6.
6.2 Order of Distributions. After payment of the amounts described in
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Section 6.1 hereof, all distributions of Cash Flow hereunder shall be made to
the Member first to repay its unreturned Capital Contributions, until such
Member has been repaid all of its Capital Contributions, and thereafter to
Northeast as the sole Member of the Company.
6.3 Allocations of Net Profit and Net Loss. All net profits and net
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losses of the Company and all other items of income, deduction, credit or other
items having effect for tax purposes shall be allocated to Northeast as the sole
Member of the Company.
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ARTICLE VII.
DISSOLUTION AND WINDING UP
7.1 Conditions of Dissolution. The Company shall dissolve upon the
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occurrence of any of the following events:
7.1.1 Upon the entry of a decree of judicial dissolution;
7.1.2 Upon the vote of the sole Member (provided, however, that the
Member may not vote to voluntarily dissolve the Company while the Option
Agreement remains in effect);
7.1.3 Upon the sale of all or substantially all of the assets of the
Company (which shall be subject to the approval of AI as provided in the Option
Agreement); or
7.1.4 Upon the expiration of the Term (including any extension
thereto, if applicable).
No other event specified in the Act, or otherwise, shall cause the dissolution
of the Company.
7.2 Winding Up. Upon the dissolution of the Company, the Company's assets
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shall be disposed of and its affairs wound up. The Company shall give written
notice of the commencement of the dissolution to all of its known creditors.
7.3 Order of Payment of Liabilities Upon Dissolution. After determining
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that all the known debts and liabilities of the Company have been paid or
adequately provided for, all remaining assets of the Company shall be
distributed to the Member in accordance with the provisions of Article 6 hereof.
7.4 Certificates. The Company shall file with the Delaware Secretary of
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State all certificates or other documents required to complete the dissolution
and winding up of the Company's affairs.
ARTICLE VIII.
MISCELLANEOUS
8.1 Bank Accounts. The Manager shall maintain the funds of the Company in
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one or more separate bank accounts in the name of the Company, and shall not
permit the funds of the Company to be commingled in any fashion with the funds
of any other person. The Manager or any person designated by it, acting alone,
is authorized to endorse checks, drafts, and other evidences of indebtedness
made pay able to the order of the Company, but only for the purpose of deposit
into the Company's accounts. All checks, drafts and other instruments obligating
the Company to pay money must be signed on behalf of the Company by an
authorized representative of the Manager. All accounts shall be opened at an
office.
8.2 Complete Agreement. Except as expressly contemplated herein, this
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Agreement and the Certificate constitute the complete and exclusive statement of
the operative documents of
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the Company. To the extent that any provision of the Certificate conflicts with
any provision of this Agreement, this Agreement shall control.
8.3 Binding Effect. Subject to the provisions of this Agreement relating
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to transferability, this Agreement will be binding upon and inure to the benefit
of the Member, and its successors and assigns.
8.4 Interpretation. All pronouns shall be deemed to refer to the
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masculine, feminine, or neuter, singular or plural, as the context in which they
are used may require. All headings herein are inserted only for convenience and
ease of reference and are not to be considered in the interpretation, of any
provision of this Agreement. Numbered or lettered Certificate, sections and
subsections herein contained refer to Certificate, sections and subsections of
this Agreement unless otherwise expressly stated.
8.5 Severability. If any provision of this Agreement or the application
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of such provision to any person or circumstance shall be held invalid, the
remainder of this Agreement or the application of such provision to persons or
circumstances other than those to which it is held invalid shall not be affected
thereby.
8.6 Notices. Any notice to be given or to be served upon the Company or
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any party hereto in connection with this Agreement must be in writing (which may
include facsimile) and will be deemed to have been given and received when
delivered to the address specified by the party to receive the notice. Such
notices will be given at the address specified in Exhibit C hereto. Any party
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may, at any time by giving five (5) business days' prior written notice to the
Company, designate any other address in substitution of the foregoing address to
which such notice will be given.
8.7 Amendments. No amendment to this Agreement shall be effective unless
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it is in writing and signed by all of the Members. Any such amendment is
subject to the consent of AI as provided in the Option Agreement.
8.8 Multiple Counterparts. This Agreement may be executed in two or more
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counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same instrument.
8.9 Remedies Cumulative. The remedies under this Agreement are cumulative
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and shall not exclude any other remedies to which any person may be lawfully
entitled.
8.10 Option Agreement. The term of the Option Agreement expires on the
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later of (i) one hundred eighty (180) days after the Closing, or (ii) ninety
(90) days after the payment in full of the Loan. Upon the expiration of the
option term without the exercise of the option by Al, the Option Agreement shall
terminate, and all references herein to any consent required under the Option
Agreement shall be of no further force or effect.
8.11 Indemnification by Company. The Company shall indemnify the Member
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and its Affiliates and may indemnify any person who was or is a party or is
threatened to be made a
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party to any threatened, pending or completed action, suit or proceeding by
reason of the fact that he or she or it is or was a Member, employee or other
agent of the Company and was acting in the course of carrying out the business
of the Company pursuant to the Agreement or that, being or having been such a
Member, employee or agent he or she or it is or was serving at the request of
the Company as a manager, employee or other agent of another limited liability
company, corporation, partnership, joint venture, trust or other enterprise, to
the fullest extent permitted by applicable law in effect on the date hereof and
to such greater extent as applicable law may hereafter from time to time permit,
except to the extent that liability is caused by the gross negligence, willful
misconduct or intentional breach of this Agreement by the indemnitee, and except
to the extent that any such liability or damage is otherwise compensated by
insurance. The foregoing indemnity shall not apply to any Member or its
Affiliate which is providing services to the Company as a consultant or
contractor pursuant to a separate contract with the Company and which receives
compensation therefor (in addition to the fees which are payable to the Members
hereunder), in which case the terms of that contract shall control any indemnity
rights or obligations (if any) of either party thereto. The Member specifically
acknowledges that LandBank, which is an Affiliate of LBEP, has undertaken
certain indemnity obligations under the AFMC Agreement for certain environmental
matters, which obligations are for the benefit of the Company, and agree that
the Company shall indemnify LandBank for any liability it may incur pursuant to
such environmental indemnity, to the extent provided in the foregoing provisions
of this Section 8.11.
IN WITNESS WHEREOF, the Member and the Manager of the Company have executed
this Agreement, effective as of the date first written above.
Member: NORTHEAST RESTORATION COMPANY, LLC,
a Delaware limited liability company
By: LANDBANK ENVIRONMENTAL PROPERTIES LLC,
a Delaware limited liability company
its: Managing Member
By: LANDBANK, INC.,
a Delaware corporation
its: Managing Member
By: X.X. Xxxxxx
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its: President
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Manager: LANDBANK ENVIRONMENTAL PROPERTIES LLC,
a Delaware limited liability company
By: LANDBANK, INC.,
a Delaware corporation
its: Managing Member
By: X.X. Xxxxxx
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its: President
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EXHIBIT A
LEGAL DESCRIPTION OF PROJECT REAL PROPERTIES
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PARCEL II
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ALL that certain plot, piece, or parcel of land, situate, lying, and being in
the Town of Plattsburgh, County of Clinton and State of New York being further
described as follows:
BEGINNING at an iron pipe set at the intersection of the Northerly margin of a
Private Access Road to Lake Champlain and the Easterly highway limits of Unites
States Avenue (U.S. Route 9), said iron pipe also being located a direct tie of
North 07 degrees 47 minutes 19 seconds East 3329.11 feet from the intersection
of the centerlines of United States Avenue (U.S. Route 9) and railroad tracts;
RUNNING THENCE North 36 degrees 53 minutes 00 seconds East along the Easterly
highway limits of United States Avenue (U.S. Route 9), a distance of 246.20 feet
to an iron pipe set in the line between the City of Plattsburgh to the North and
the Town of Plattsburgh to the South;
RUNNING THENCE South 82 degrees 50 minutes 00 seconds East along said Town and
City Line, a distance of 731.58 feet to an iron pipe set in the Westerly
railroad margin of Delaware and Xxxxxx Railroad;
RUNNING THENCE South 18 degrees 59 minutes 00 seconds West along the Westerly
railroad margin, a distance of 556.35 feet to an iron pipe set at the
intersection of the Westerly railroad margin of Delaware and Xxxxxx Railroad and
the Northerly line of Private Access Road;
RUNNING THENCE the following seven (7) courses along the Northerly line of said
Private Access Road:
1) North 51 degrees 30 minutes 00 seconds West a distance of 121.73 feet
to an iron pipe set;
2) North 55 degrees 45 minutes 00 seconds West a distance of 270.68 feet
to an iron pipe set;
3) North 15 degrees 33 minutes 00 seconds East a distance of 29.15 feet
to an iron pipe set;
4) North 66 degrees 34 minutes 00 seconds West a distance of 56.33 feet
to a railroad spike set;
5) North 66 degrees 15 minutes 00 seconds West a distance of 129.02 feet
to an iron pipe set;
6) North 66 degrees 15 minutes 00 seconds West a distance of 130.00 feet
to an iron pipe set;
7) North 67 degrees 58 minutes 00 seconds West a distance of 100.00 feet
to the point and place of BEGINNING.
TOGETHER WITH AN easement of ingress and egress over the private access word
sixteen feet wide
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PARCEL III
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ALL that certain plot, piece, or parcel of land, situate, lying, and being in
the Town of Plattsburgh, County of Clinton and State of New York being further
described as follows:
BEGINNING at an iron pipe set in the Easterly railroad margin of Delaware and
Xxxxxx Railroad, said iron pipe being located a direct tie of North 23 degrees
53 minutes 42 seconds East 2854.73 feet from the intersection of the centerlines
of United States Avenue (U.S. Route 9) and railroad tracts;
RUNNING THENCE North 18 degrees 59 minutes 00 seconds East along the Easterly
margin of Delaware Xxxxxx Railroad, a distance of 284.00 feet to an iron pipe
set;
RUNNING THENCE South 71 degrees 01 minutes 02 seconds East a distance of 88.05
feet to a point in the low water line of Lake Chaplain as digitized from
available maps;
RUNNING THENCE South 00 degrees 48 minutes 43 seconds East along said low water
line a distance of 45.06 feet to a point;
RUNNING THENCE South 58 degrees 08 minutes 28 seconds East into the waters of
Lake Champlain, a distance of 398.80 feet to a point;
RUNNING THENCE North 17 degrees 33 minutes 31 seconds East a distance of 67.99
feet to a point;
RUNNING THENCE South 72 degrees 26 minutes 29 seconds East a distance of 12.00
feet to a point;
RUNNING THENCE South 17 degrees 33 minutes 31 seconds West a distance of 71.05
feet to a point;
RUNNING THENCE South 58 degrees 08 minutes 29 seconds East a distance of 33.82
feet to a point;
RUNNING THENCE South 31 degrees 53 minutes 02 seconds West a distance of 29.99
feet to a point;
RUNNING THENCE North 58 degrees 09 minutes 44 seconds West a distance of 26.17
feet to a point;
RUNNING THENCE South 17 degrees 33 minutes 31 seconds West a distance of 71.05
feet to a point;
RUNNING THENCE North 72 degrees 26 minutes 29 seconds West a distance of 12.00
feet to a point;
15
RUNNING THENCE North 17 degrees 33 minutes 31 seconds East a distance of 71.05
feet to a point;
RUNNING THENCE North 58 degrees 08 minutes 29 seconds West a distance of 386.71
feet to a point on the low water line as digitized from available maps;
RUNNING THENCE along said low water line a distance of 208.16 feet to a point
being located a direct tie of South 16 degrees 27 minutes 01 seconds West 205.10
feet from the last mentioned point of the low water line;
RUNNING THENCE North 71 degrees 01 minutes 02 seconds West a distance of 125.00
feet to the point and place of BEGINNING.
16
PARCEL IV
---------
ALL that certain plot, piece, or parcel of land, situate, lying, and being in
the City and Town of Plattsburgh, County of Clinton and State of New York being
further described as follows:
BEGINNING at an iron pipe set in the Easterly highway limits of United States
Avenue (U.S. Route 9), said iron pipe also being located a direct tie of North
05 degrees 23 minutes 29 seconds East 2769.83 feet from the intersection of the
centerline of United States Avenue (U.S. Route 9) and railroad tracts;
RUNNING THENCE North 07 degrees 02 minutes 53 seconds East a distance of 81.79
feet to a point;
RUNNING THENCE along a curve to the right having a radius of 955.40 feet an arc
length distance of 463.18 feet to a railroad spike set at the intersection of
the Easterly highway limits of United States Avenue (U.S. Route 9) and the
Southerly line of a Private Access Road to Lake Champlain, said railroad spike
being located a direct tie of North 20 degrees 35 minutes 17 seconds East 458.66
feet from the last mentioned point in the Easterly highway limits of United
State Avenue (U.S. Route 9);
RUNNING THENCE along the Southerly line of said Private Access Road the
following three (3) courses
1) South 69 degrees 36 minutes 54 seconds East a distance of 315.11 feet
to a railroad spike set;
2) South 45 degrees 28 minutes 54 seconds East a distance of 78.43 feet
to a railroad spike set;
3) South 58 degrees 51 minutes 54 seconds east a distance of 22.27 feet
to an iron pipe set;
RUNNING THENCE and leaving said Southerly line of Public Xxxxxx Xxxx, Xxxxx 00
degrees 01 minutes 06 seconds West a distance of 141.77 feet to an iron pipe
set;
RUNNING THENCE North 77 degrees 58 minutes 54 seconds West a distance of 40.74
feet to an iron pipe set;
RUNNING THENCE South 04 degrees 33 minutes 06 seconds West a distance of 491.10
feet to an iron pipe set;
RUNNING THENCE North 81 degrees 39 minutes 54 seconds West a distance of 278.10
feet to an iron pipe set;
RUNNING THENCE North 09 degrees 40 minutes 06 seconds East a distance of 219.30
feet to an iron pipe set;
17
RUNNING THENCE North 81 degrees 33 minutes 09 seconds West a distance of 197.15
feet to the point and place of BEGINNING.
TOGETHER WITH AN easement of ingress & egress over the private access road
sixteen feet wide in so far as the same adjoins the northerly line of the
premises.
18
PARCEL V
--------
ALL that certain plot, piece, or parcel of land, situate, lying, and being in
the City and Town of Plattsburgh, County of Clinton and State of New York being
further described as follows:
BEGINNING at an iron pipe set in the Easterly highway limits of United States
Avenue (U.S. Route 9), said iron pipe being located a direct tie of North 05
degrees 11 minutes 01 seconds East 2342.12 feet from the intersection of the
centerlines of United States Avenue (U.S. Route 9) and railroad tracts;
RUNNING THENCE North 04 degrees 31 minutes 30 seconds along the Easterly highway
limits of United States Avenue (U.S. Route 9) a distance of 88.00 feet to an
iron pipe set;
RUNNING THENCE South 85 degrees 58 minutes 13 seconds East a distance of 188.59
feet to an iron pipe set;
RUNNING THENCE South 09 degrees 40 minutes 20 seconds West a distance of 102.00
feet to an iron pipe set;
RUNNING THENCE South 81 degrees 37 minutes 57 seconds East a distance of 334.93
feet to an iron pipe set;
RUNNING THENCE South 79 degrees 12 minutes 01 seconds East a distance of 200.19
feet to an iron pipe set in the Westerly railroad margin to Delaware and Xxxxxx
Railroad;
RUNNING THENCE South 18 degrees 59 minutes 00 seconds West along the Westerly
railroad margin of Delaware and Xxxxxx Railroad, a distance of 410.00 feet to an
iron pipe set;
RUNNING THENCE North 79 degrees 12 minutes 02 seconds West a distance of 171.85
feet to an iron pipe set;
RUNNING THENCE North 79 degrees 41 minutes 12 seconds West a distance of 6.00
feet to an iron pipe set;
RUNNING THENCE North 04 degrees 56 minutes 05 seconds East a distance of 25.00
feet to an iron pipe set;
RUNNING THENCE North 18 degrees 58 minutes 58 seconds East a distance of 372.40
feet to an iron pipe set;
RUNNING THENCE North 81 degrees 37 minutes 57 seconds West a distance of 383.54
feet to an iron pipe set;
RUNNING THENCE North 06 degrees 48 minutes 46 seconds East a distance of 12.98
feet to an iron pipe set;
19
RUNNING THENCE North 81 degrees 39 minutes 40 seconds West a distance of 144.76
feet to the point and place of BEGINNING.
20
Schedule A Description
PARCEL I
--------
ALL that certain plot, piece, or parcel of land, situate, lying, and being in
the City and Town of Plattsburgh, County of Clinton and State of New York being
further described as follows:
BEGINNING at an iron pipe found and reset in the westerly highway limits of
Untied State Avenue (U.S. Route 9), said iron pipe being located a direct tie of
North 08 degrees 00 minutes 16 seconds East 3515.07 feet from the intersection
of the centerlines of United States Avenue (U.S. Route 9) and railroad tracks;
RUNNING THENCE North 82 degrees 38 minutes 03 seconds West, passing through an
iron pipe found at 158.33 feet, and continuing a total distance of 395.37 feet
to an iron pipe found;
RUNNING THENCE North 41 degrees 48 minutes 12 seconds East a distance of 28.79
feet to a point referenced as monument number 53 in prior deeds and maps;
RUNNING THENCE North 48 degrees 21 minutes 57 seconds East a distance of 144.96
feet to a point referenced as monument number 52 in prior deeds and maps;
RUNNING THENCE North 42 degrees 48 minutes 57 seconds East a distance of 80.17
feet to an iron pipe set referenced as monument number 51 in prior deeds and
maps;
RUNNING THENCE North 33 degrees 01 minutes 57 seconds East a distance of 188.87
feet to an iron pipe set;
RUNNING THENCE South 73 degrees 16 minuets 03 seconds East a distance of 300.44
feet to an iron pipe set in the Westerly highway limits of United States Avenue
(U.S. Route 9);
RUNNING THENCE along a curve to the right having a radius of 1139.71 feet, an
arc length distance of 11.83 feet to an iron pipe set at a point being located a
direct tie of South 22 degrees 36 minutes 07 seconds West 11.83 feet from the
last mentioned iron pipe set;
RUNNING THENCE North 73 degrees 16 minutes 03 seconds West a distance of 33.17
feet to an iron pipe set;
RUNNING THENCE South 24 degrees 12 minutes 12 seconds West a distance of 50.01
feet to an iron pipe set;
RUNNING THENCE South 73 degrees 16 minutes 03 seconds East a distance of 33.21
feet to an iron pipe set in the Westerly highway limits of United States Avenue
(U.S. Route 9);
RUNNING THENCE along a curve to the right having a radius of 1139.71 feet, an
arc length distance of 288.94 feet to the point of beginning being located a
direct tie of South 32 degrees 40 minutes 34 seconds West 288.17 feet from the
last mentioned iron pipe set.
21
Schedule A Description
ALL that certain plot, piece, or parcel of land, with the buildings and
improvements thereon erected, situate, lying, and being in the Town of Hastings,
County of Oswego and State of New York, BEING a part of the Xxxxxxx X. Xxxxxx
Patent, and bounded and described as follows:
BEGINNING at a stone monument located on a radial line through station 2,
797+17.1 of the Barge Canal and 400 feet Northerly from its center line;
RUNNING THENCE Easterly on a curve with a radius of 1237.38 feet parallel to
said center line 31.85 feet more or less to a stone monument;
RUNNING THENCE North 83 degrees 34 minutes East along the Northerly line of the
Barge Canal 884.1 feet more or less to the West line of lands of the New York
Central Railroad Company;
RUNNING THENCE Northerly along the West line of said Railroad Company's land 295
feet more or less to the South line of the highway running from Brewerton to
Caughdenoy;
RUNNING THENCE Westerly along said South line of said highway 975.71 feet more
or less to the East line of the lands now or formerly owner by Xxxxx X. Xxxxxxx;
RUNNING THENCE South 10 degrees 41 minutes West course along said property line
354 feet to the point and place of BEGINNING.
IT IS the intention to include all the lands bounded on the South by the lands
of the State of New York, on the East by lands of the New York Central Railroad
Company, on the North by the highway leading from Brewerton to Caughdenoy, and
on the West by lands now or formerly owner by Xxxxx X. Xxxxxxx.
EXCEPTING, THEREFROM, ALL that certain plot, piece, or parcel of land, with the
buildings and improvements thereon erected, situate, lying, and being in the
Town of Hastings, County of Oswego and State of New York, described as follows:
BEGINNING at the point in the Southerly side of the highway running from
Brewerton to Caughdenoy distant 605 feet Southeasterly from the Northeast corner
of lands now or formerly owned by Xxxxx X. Xxxxxxx, measured along the Southerly
line of said highway;
RUNNING THENCE South 84 degrees 10 minutes East along the Southerly side of said
highway to an angle in said highway, now or formerly monumented by an iron pipe,
a distance of 172.2 feet;
RUNNING THENCE with an included angle of 181 degrees 53 minutes and continuing
along the Southerly line of said highway South 86 degrees 03 minutes East a
distance of 198.31 feet to the Westerly line of lands of The New York Central
Railroad Company;
22
RUNNING THENCE in a Southerly direction along the Westerly line of lands of The
New York Railroad Company a distance of 295 feet more or less to the Northerly
line of the Barge Canal;
RUNNING THENCE South 88 degrees 34 minutes West along the Northerly line of the
Barge Canal a distance of approximately 265 feet to a point in other lands of
Socony-Vacuum Oil Company, Incorporated distant 225 feet Easterly measured along
a course forming a right angle with the Easterly line of land conveyed by
Socony-Vacuum Oil Company, Incorporated to Xxxx X. Xxxxxxxxx by deed dated
December 3, 1940;
RUNNING THENCE North 03 degrees 41 minutes 09 seconds East along other land of
Socony-Vacuum Oil Company, Incorporated and parallel with and distant 225 feet
Easterly from the Easterly line of land conveyed to Xxxx X. Xxxxxxxxx by said
deed dated December 3, 1940, a distance of approximately 275 feet to the point
and place of BEGINNING.
ALSO EXCEPTING the property conveyed by Xxxxxxx Petroleum Products, Inc. to New
York Transit Company, Inc., dated October 10, 1963 and recorded in the Oswego
County Clerk's Office on October 28, 1963 in Liber 668 of Deeds, page 189, and
described as follows:
ALL that certain plot, piece, or parcel of land, with the buildings and
improvements thereon erected,situate, lying, and being in the Town of Hastings,
County of Oswego and State of New York, being part of the Xxxxxxx X. Xxxxxx
Patent and being more particularly bounded and described as follows:
BEGINNING at an iron pipe in the Southerly line of the Caughdenoy-Brewerton
Road, South 84 degrees 10 minutes East along said Southerly line, 304.92 fee
from an iron pipe in the division line between lands of Xxxxxxx Petroleum
Products, Inc., and lands now or formerly owner by Xxxxx X. Xxxxxxx;
RUNNING THENCE South 84 degrees 10 minutes East along said Xxxxxxxxx xxxx xxxx,
00 feet to an iron pipe;
RUNNING THENCE South 06 degrees 11 minutes 20 seconds West 100 feet to an iron
pipe;
RUNNING THENCE South 83 degrees 48 minutes 40 seconds West to an iron pipe;
RUNNING THENCE North 06 degrees 11 minutes 20 seconds East 99.94 to the point
and place of BEGINNING. Containing 0.207 acres of land.
BEING THE same premises conveyed to the Grantor by deed of Xxxxxxx Petroleum,
Inc., dated August 28, 1967 and recorded in the Oswego County Clerk's Office in
Liber 699 of Deeds at page 947.
(TEXT NOT ON ORIGINAL)...reason or any part of the above-described premises
being below the high water xxxx, or under waters of any body of water touched by
said premises.
ALSO EXCEPTING the property conveyed by Metropolitan Petroleum Company, Inc., to
Buckeye Pipe Line Company Inc. dated January 31, 1979 and recorded in the Oswego
County
23
Clerk's Office on February 13, 1979 in Book of Deeds No. 824 page 502, and
described as follows:
ALL that certain plot, piece, or parcel of land, with the buildings and
improvements thereon erected, situate, lying, and being in the Village of
Brewerton, Town of Hastings, County of Oswego and State of New York, and bounded
and described as follows;
COMMENCING at the Northwest corner of Buckeye Pipe Line Company's Brewerton
Terminal Property, said corner being on the Southerly right of way line of the
Caughdenoy-Brewerton Road;
RUNNING THENCE Southerly along the West property line of the said Brewerton
Terminal Property, South 06 degrees 11 minutes 20 seconds West, a distance of
99.94 feet to a point which is the Southwest corner of the said Brewerton
Terminal Property;
RUNNING THENCE North 83 degrees 48 minutes 40 seconds West a distance of 50.00
feet to a point;
RUNNING THENCE North 06 degrees 11 minutes 20 seconds East a distance of 99.63
feet to a point on the Southerly right of way line of the said Caughdenoy-
Brewerton Road;
RUNNING THENCE along said road right of way South 84 degrees 10 minutes East a
distance of 50.00 feet to the point and place of BEGINNING.
SAID TRACT contains .114 of an acre of land, more or less.
24
Schedule A
ALL that certain plot, piece, or parcel of land, situate, lying, and being in
Ogdensburg, County of St. Xxxxxxxx and State of New York, bounded and described
as follow:
BEGINNING at a point in the Northwest margin of Riverside Avenue where the same
is intersected by the Northeast margin of Franklin Street, and
RUNNING THENCE from the point of beginning North 17 degrees 42 minutes 30
seconds West along said Northeast margin of Franklin Street, to a point in the
shoreline of the St. Xxxxxxxx River;
RUNNING THENCE Northeasterly along said shoreline, Northerly and Northeasterly,
along a retaining wall and shoreline, as it winds and turns, to a point that is
North 41 degrees 11 minutes East 505.37 feet from the last described point;
RUNNING THENCE South 20 degrees 03 minutes 20 seconds East, passing through a
utility pole on line, 670.66 feet to a point in the first mentioned Northwest
margin of Riverside Avenue, said point being North 20 degrees 03 minutes 20
seconds West 11.25 feet from a manhole;
RUNNING THENCE South 71 degrees 16 minutes 30 seconds West along said margin
116.43 feet to a point;
RUNNING THENCE South 18 degrees 43 minutes 30 seconds East continuing along said
margin, 10.00 feet to a point;
RUNNING THENCE South 71 degrees 16 minutes 30 seconds West, continuing along
said margin, 344.00 feet to the point and place of BEGINNING.
25
Schedule A
ALL that certain plot, piece, or parcel of land, situate, lying, and being in
the Village of Sackets Harbor, County of Jefferson and State of New York,
bounded and described as follows:
BEGINNING at an iron pipe in the Northwest margin of Xxxxxxx Street, where the
same is intersected by the Northeast line of lands conveyed from J. Xxxxxxx
Xxxxx, et al, to Xxxxxx Xxxx Corporation by deed dated June 20, 1955, and
recorded in the Jefferson County Clerk's Office in Liber 615 of Deeds at Page
231;
RUNNING THENCE from the point of beginning, South 54 degrees 05 minutes 23
seconds West along said Northwest margin, 341.53 feet to an iron pipe;
RUNNING THENCE South 38 degrees 09 minutes 45 seconds East 24.98 feet to a point
in the centerline of Xxxxxxx Street;
RUNNING THENCE South 54 degrees 09 minutes 30 seconds West, along said
centerline 1292.34 feet to a point in said centerline where the same is
intersected by the Northeast line of lands formerly owned by J. Xxxxxxx Xxxxx
(Liber 447 Page 297), said point being South 39 degrees 07 minutes 52 seconds
East 24.75 feet from an iron pipe;
RUNNING THENCE North 39 degrees 07 minutes 52 seconds West passing through said
iron pipe, 1690.46 feet to an iron pipe at a corner thereof;
RUNNING THENCE South 49 degrees 09 minutes 39 seconds West 180.00 feet to an
iron pipe;
RUNNING THENCE North 33 degrees 42 minutes 43 seconds West continuing along the
Northeast line of Xxxxx, 347.38 feet to a point in the Southeast line of a
parcel of land conveyed from Augsbury Oil Corporation to the Village of Sackets
Harbor by deed recorded in Liber 857 of Deeds at Page 487;
RUNNING THENCE along the Southeast line thereof North 59 degrees 36 minutes 58
seconds East 26.00 feet to an angle;
RUNNING THENCE North 03 degrees 02 minutes 58 seconds East 105.8 feet to an
angle;
RUNNING THENCE North 11 degrees 11 minutes 02 seconds West continuing along said
line, 23.73 feet to its intersection with the Southeast line of a parcel of land
conveyed to Xxxxx X. Xxxxx by deed recorded in Liber 918 of Deeds at Page 1120;
RUNNING THENCE North 53 degrees 17 minutes 54 seconds East along the Southeast
line thereof, 201.8 feet to an iron pipe at the most Southerly corner of lands
conveyed to Xxxxxx (Liber 818 page 949);
RUNNING THENCE North 53 degrees 17 minutes 54 seconds East along the Southeast
line of Xxxxxx, to an along the Southeast line of lands conveyed to Xxxxxxx, to
and along the Southeast
26
line of lands conveyed to Miles and to and along the Southeast line of lands
conveyed to XxXxxxx 266.50 feet to an iron pipe at the most Easterly corner of
XxXxxxx
RUNNING THENCE North 36 degrees 33 minutes 46 seconds West along the Northeast
line thereof, 184.23 feet to a point in the centerline of Ontario Street, said
point being North 36 degrees 33 minutes 46 seconds West 20 feet from an iron
pipe;
RUNNING THENCE along said centerline North 64 degrees 25 minutes 25 seconds East
152.27 feet to an angle;
RUNNING THENCE North 63 degrees 51 minutes 07 seconds East continuing along said
centerline 348.80 feet to its intersection with the Northeast line of lands
conveyed to Xxxx (Liber 684 page 531), said point being South 24 degrees 51
minutes 45 seconds East 20.74 feet from an iron pipe;
RUNNING THENCE North 24 degrees 51 minutes 45 seconds West passing through said
iron pipe 69.03 feet to an iron pipe on the top of the bank;
RUNNING THENCE and continuing along the same bearing North 24 degrees 51 minutes
45 seconds West 10 feet, plus or minus, to a point in the shoreline of Black
River Bay in Lake Ontario;
RUNNING THENCE Northeasterly along said shoreline as it winds and turns to a
point that is North 32 degrees 12 minutes 48 seconds West 10 feet from an iron
pipe;
RUNNING THENCE South 32 degrees 12 minutes 48 seconds East to said iron pipe, it
being North 66 degrees 47 minutes 34 seconds East 817.07 feet from the last
described iron pipe;
RUNNING THENCE and continuing on the same bearing South 32 degrees 12 minutes 48
seconds East 42.50 feet to an iron pipe in the Southeast margin of Ontario
Street and at a corner of a 4.01 acre parcel conveyed from Xxxxxx Xxxx
Corporation to Village of Sackets Harbor by deed dated May 1, 1968, and recorded
in Liber 807 of Deeds at Page 581;
RUNNING THENCE South 63 degrees 55 minutes 54 seconds West along the Northwest
line thereof, 50.00 feet to an iron pipe;
RUNNING THENCE South 32 degrees 12 minutes 06 seconds East along the Southwest
line of said lands conveyed to Village of Sackets Harbor 324.56 feet to an iron
pipe;
RUNNING THENCE South 52 degrees 20 minutes 15 seconds West along the Northwest
line thereof 288.74 feet to an iron pipe ;
RUNNING THENCE South 38 degrees 04 minutes 14 seconds East along the Southwest
line of said parcel to and along the Southwest line of a parcel of land conveyed
from The Augsbury Corporation to Village of Sackets Harbor by deed dated
November 15, 1982, and recorded in Liber 927 of Deeds at page 580, 669.82 feet
to an iron pipe at the most Southerly corner thereof;
27
RUNNING THENCE North 51 degrees 53 minutes 44 seconds East along the Southeast
line of said parcel 500.00 feet to an iron pipe;
RUNNING THENCE North 38 degrees 04 minutes 18 seconds West along the Northeast
line of said parcel 167.96 feet to a point on the Southeast line of a parcel of
Land conveyed from Xxxxxx Xxxx Corporation to The People of the State of New
York be deed dated July 19, 1967 and recorded in Liber 799 of Deeds at Page 4l4;
RUNNING THENCE North 52 degrees 07 minutes 45 seconds East along said Southeast
line 123.60 feet to an iron pipe at the most Easterly corner thereof;
RUNNING THENCE North 52 degrees 16 minutes 45 seconds East to and along the
Southeast margin of Hill Street 504.79 feet to an iron pipe at a corner of lands
of Sackets Harbor Fire Company;
RUNNING THENCE South 37 degrees 54 minutes 53 seconds East along the Southwest
line thereof 479.86 feet to an iron pipe;
RUNNING THENCE South 52 degrees 12 minutes 30 seconds West along the Northwest
margin of Ray Street 194.44 feet to an iron pipe;
RUNNING THENCE South 37 degrees 46 minutes 23 seconds East crossing said Ray
Street 175.55 feet to an iron pipe;
RUNNING THENCE North 52 degrees 12 minutes 10 seconds East 39.57 feet to an iron
pipe;
RUNNING THENCE South 37 degrees 54 minutes 48 seconds East 149.60 feet to an
iron pipe in the Northwest margin of Bayard Street;
RUNNING THENCE South 52 degrees 13 minutes 55 seconds West along said margin and
the Southwesterly prolongation thereof 541.08 feet to an iron pipe;
RUNNING THENCE South 37 degrees 18 minutes 23 seconds East 220.07 feet to an
iron pipe;
RUNNING THENCE South 48 degrees 12 minutes 48 seconds West 99.29 feet to an iron
pipe;
RUNNING THENCE South 35 degrees 17 minutes 40 seconds East 203.62 feet to the
point and place of BEGINNING.
TOGETHER WITH an easement 54 feet in width as reserved in the deed to Plaza
Group Associates dated 11/18/86 and recorded 11/26/86 in Liber 1049 page 242,
but only in so far as it crosses the premises described in said deed, and
excepting out of the above described premises the premises conveyed by said
deed.
ALL that certain plot, piece, or parcel of land, situate, lying, and being in
the Village of Sackets Harbor, County of Jefferson and State of New York,
bounded and described as follows:
28
BEGINNING at a point in the Southeast margin of Xxxxxxx Street, where the same
is intersected by the Southwest line of the first parcel in a deed from Lehigh
Portland Cement Company to Augsbury Oil Corporation dated April 19, 1971, and
recorded in the Jefferson County Clerk's Office in Liber 829 of Deeds at Page
242, and the Northeast line of lands of Xxxxx Xxxxxx;
RUNNING THENCE from the point of beginning North 53 degrees 59 minutes East
along the Southeast margin of Xxxxxxx Street 1228.6 feet to an angle;
RUNNING THENCE North 53 degrees 40 minutes East continuing along said margin
665.4 feet to its intersection with the Southwest margin of Xxxxxx Street;
RUNNING THENCE South 35 degrees 45 minutes East along said margin 42.2 feet to
its intersection with the Southeast line of the aforementioned first parcel of
land conveyed to The Augsbury Corporation in Liber 829 of deeds at page 242;
RUNNING THENCE Southeasterly on a curve to the left and along the remains of a
fence line to a point that is South 06 degrees 41 minutes East 1551.6 feet from
the last described point said point being in the Southwest line of lands
conveyed to Xxxxxx X. Xxxxxx by deed recorded in Liber 922 of Deeds at Page 119
and in the Northeast line of lands conveyed to Xxxxxx X. Xxxxxxx, et, ux, by
deed recorded in Liber 893 of Deeds at Page 175;
RUNNING THENCE North 80 degrees 03 minutes 30 seconds West along the Northeast
line of Xxxxxxx 93.0 feet to a corner;
RUNNING THENCE Southeasterly on a curve to the left to a point that is South 40
degrees 56 minutes East 453.4 feet from the last described point;
RUNNING THENCE South 49 degrees 41 minutes East 751.0 feet to a point in the
centerline of Xxxxx Road;
RUNNING THENCE South 18 degrees 59 minutes East along said centerline 129.2 feet
to a point;
RUNNING THENCE North 49 degrees 41 minutes West along the remains of a fence
line 862.1 feet to an existing square iron bar;
RUNNING THENCE Northeasterly on a curve to the right to an existing square bar
that is North 39 degrees 51 minutes West 531.2 feet from the last described iron
bar;
RUNNING THENCE North 80 degrees 08 minutes 30 seconds West along a Northeast
line of the aforementioned lands conveyed to Xxxxxxx 1513.0 feet to a square
iron bar at a corner therein and in the Northeast line of the first mentioned
lands conveyed to Xxxxx Xxxxxx;
RUNNING THENCE North 21 degrees 33 minuets West along said Northeast line and
along a fence line 180.9 feet to the point and place of BEGINNING.
29
Schedule A
THAT TRACT OR PARCEL OF LAND situate in the Village of Saranac Lake, Town of
Harrietstown, County of Franklin and State of New York, and being all those two
certain Village lots in Township 21, Great Tract One of Macomb's purchase, and
known and designated as lots numbers 7 & 8 in section 4 on a certain map and
survey made by X.X. Xxxxxxx, Esq., Surveyor in 1891, subdividing the Xxxxxxxxx
25-acre lot which map and survey are on file in the office of the clerk of
Franklin County, reference thereto is hereby made for a more complete
description of said lot.
ALSO, ALL THOSE TWO CERTAIN VILLAGE LOTS in said Village, Town, County, and
State, and known and designated as Xxxx Xx. 0 & 0 xx Xxxxxxx Xx. 0 on a certain
map and survey of the Xxxxxxxxx 25-acre lot so-called, which said map is on file
in the office of the County of Franklin, and to which reference is hereby had
for a more definite description of the said lot.
Excepting therefrom so much thereof as was conveyed by Xxxxx and Xxxxxxxx, Inc.
to Xxxxxxxx X. Xxxxx and Xxxxxx X. Xxxxx by the deed dated 4/29/65 and recorded
5/2/65 in Liber 426 Page 302 and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Village of Saranac Lake, County
of Franklin and State of New York, and being part of all those two certain
Village lots in Township 21, Great Tract One of Macomb's Purchase, known and
designated as Lots 7 & 8 in Section 4 on a certain map and survey made by X.X.
Xxxxxxx, Esq., surveyor, in 1891, subdividing the Xxxxxxxxx 25-acre lot, which
map and survey are on file in the Office of the Clerk of Franklin County, and
reference thereto is hereby made for a more complete description of said lots,
and being more particularly described as follows:
BEGINNING at a point at the Southeast corner of said Lot No. 7;
THENCE RUNNING along Lots Nos. 7 & 8 to the Southwest corner of Lot No. 8;
THENCE RUNNING along the Northerly line between the division line of Lot Nos. 8
& 9, 65 feet;
THENCE parallel to the North line of Lot No. 6 as shown on said map to a point
in the Easterly line of said Lot No. 7;
THENCE Southerly along the East line of Lot No. 7 to the point or place of
BEGINNING.
30
Schedule A Description
PARCEL I: LOTS 18-25
--------
ALL those certain lots, parcels of land, situate, lying, and being at Westbury
(Outside of the Incorporated Village) in the Town of North Hempstead, County of
Nassau and State of New York, and more particularly known and designated as Lots
18, 19, 20, 21, 22, 23, 24 and 25, located in Block 71 on a certain map
entitled, "2nd Map of the City of New Xxxxxx, Queens County, L.I., N.Y.,
surveyed August 1891 by Wm. X. Xxxxxxxxx, Surveyor, drawn by C.A. Leaf, C.E."
and filed in Queens County April 22, 1892 as Map No. 256, and subsequently filed
in the Nassau County Clerk's Office as Map No. 3, Now No. 14.
PARCEL II:
---------
ALL that certain plot, piece, or parcel of land, situate, lying, and being at
Westbury, (Outside of the Incorporated Village) in the Town of North Hempstead,
County of Nassau and State of New York, and more particularly known and
designated as part of Lot 45, located in Block 71 on a certain map entitled "2nd
Map of the City of New Xxxxxx, Queens Co., L.I., N.Y., surveyed August 1891 by
Wm. X. Xxxxxxxxx, Surveyor, xxxx by C.A. Leaf, C.E." and filed in Queens Co.
4/22/1892 as Map No. 256 and subsequently filed in the Nassau County Clerk's
Office as Map No. 3, Now No. 14, which is more particularly bounded and
described as follows:
BEGINNING at a point on the Westerly side of Xxxxxx Street, distant 425 feet
Southerly from the intersection of the Southerly side of Main Street with the
Westerly side of Xxxxxx Street;
RUNNING THENCE South 1 degree, 11 minutes, 00 seconds West along the Westerly
side of Xxxxxx Street 6.08 feet;
THENCE North 88 degrees, 49 minutes, 00 seconds West 100 feet;
THENCE North 1 degree, 11 minutes, 00 seconds, East 6.08 feet;
THENCE South 88 degrees, 49 minutes, 00 seconds, East 100 feet to the Westerly
side of Xxxxxx Street, the point or place of BEGINNING.
ALL that tract or parcel of land, situate in the Village of Saranac Lake, County
of Franklin and State of New York, being a portion of Township No. 21, Great
Tract One of Macomb's Purchase, bounded and described as follows, to wit:
BEGINNING in the center of the Street known as Broadway in a line with a picket
fence on the northwesterly side of Xxxxxxx Xxxxx'x front yard;
RUNNING THENCE South 57 degrees 30 minutes West 7 rods and 24 links to an iron
pipe or hub at the southeast corner of Xxxxxx'x barn;
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THENCE South 37 degrees East 96 links to a cedar post at the southwest corner of
Xxx. X. Xxxxxx'x lot;
THENCE North 62 degrees 30 minutes East along the northwesterly side of the said
Xxxxxx Lot 8 rods 2 1/2 links to the center of the before mentioned street;
THENCE northwesterly along center of said street 4 rods and 14 links the place
of BEGINNING.
ALSO, ALL that other tract or parcel of land, situate the same Village, Town,
County and State and bounded and described as follows, to wit:
BEGINNING at an iron pipe driven in the ground at the S.E. Corner of Xxxxxx
Xxxxxx'x barn on the southerly side of Broadway, it also being the Southwesterly
corner of a lot owned by Xxxxx X. Xxxxxx (above described);
RUNNING THENCE South 57 degrees 30 minutes West 15 feet;
THENCE South 37 degrees East 96 links;
THENCE North 62 degrees 30 minutes East 15 feet to the Southwesterly corner of
the Xxxxx X. Xxxxxx lot as hereinabove described;
THENCE northerly along the said Xxxxxx'x westerly line to the place of
BEGINNING.
ALSO, that other tract or parcel of land, situate in the same Village, Town,
County and State, and bounded and described as follows, to wit:
BEGINNING at an iron hub driven in the highway (Broadway) leading from the
Saranac River to the A. & St. L.R.R. station, which hub is South 57 degrees 15
minutes West 75 links from the northwesterly corner post of the fence around the
property of Xxxxxxx Xxxxx in said Village;
RUNNING THENCE South 57 1/4 degrees 1 chain and 91 1/2 links to an iron hub
driven into the ground near the southwesterly corner of the barn erected upon
said property by Xxxxxx Xxxxxx;
THENCE North 36 degrees 30 minute West 83 links to an iron hub driven into the
ground;
THENCE North 60 degrees 30 minutes East 1 chain and 97 links to the center of
said highway at an iron hub, there driven and being 72 links from the
Northeasterly corner and 79 links from the Southeasterly corner of a dwelling
house erected upon said premises by Xxxxxx Xxxxxx;
THENCE South 33 1/2 degrees East along the center of said highway 74 1/2 links
to the point or place of BEGINNING.
EXCEPTION AND RESERVING all that tract or parcel of land, situated in the
Village, Town, County, and State aforesaid bounded and described as follows, to
wit:
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BEGINNING at a copper bolt set in the outer edge of the sidewalk on the westerly
side of Broadway, whence a drill hole in the center of the street bears North 62
degrees 54 minutes East 23.39 feet;
RUNNING THENCE North 39 degrees 40 minutes West along in the west bounds of
Broadway 60.00 feet to a copper bolt set in the outer edge of the sidewalk;
THENCE South 56 degrees 06 minutes West 121.28 feet to an iron pipe in the rear
line of the Tuffiled Xxxxxx lands;
THENCE South 37 degrees East 45.64 feet to a copper bolt set in a stone;
THENCE North 62 degrees 34 minutes East along the south bounds of the Xxxxxxxx
Xxxxxx property to the point or place of BEGINNING.
ALSO EXCEPTING THEREFROM so much thereof as was acquired by the People of the
State of New York by notice of appropriation recorded in Liber 688 Page 91.
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SCHEDULE A
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PARCEL 1:
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ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, situate in the Town of
Plattsburgh, Clinton County, New York bounded and described as follows:
Beginning at an iron pipe found in the easterly bounds of NYS Rte 9, which point
is also the southwest corner of lands now or formerly owned by Xxxx Terminals
Inc. (Vol. 560 page 660);
THENCE South 78 degrees 40 minutes 54 seconds East, along the southerly bounds
of the aforesaid Xxxx Terminals Inc., 472.28 feet to 3/4" iron pipe found in the
westerly bounds of lands now or formerly owned by the Delaware and Xxxxxx
Railroad Corp., which point is the northeast corner of the parcel hereby
described, and is also the southeast corner of the aforesaid Xxxx Terminals,
Inc.;
THENCE southwesterly along the westerly bounds of the aforesaid Delaware and
Xxxxxx Railroad Corp. and along a curve concave to the southwest, said curve
having a radius of 2815.43 feet, and passing through an angle of 02 degrees 05
minutes 27 seconds, 102.74 feet to the beginning of said curve;
THENCE South 26 degrees 24 minutes 11 seconds West, and continuing along the
westerly bounds of said Delaware and Xxxxxx Railroad Corp. 296.92 feet to a 3/4"
iron pipe found, which point is the southeast corner of the parcel hereby
described and which point is also the northeast corner of lands now or formerly
owned by the Xxxxxx Xxxx Corp. (Vol. 375, Page 473);
THENCE North 80 degrees 29 minutes 18 seconds West, a long the northerly bounds
of the aforesaid Xxxxxx Xxxx Corp., 326.50 feet to a chiseled cross in a
concrete headwall in the easterly bounds of NYS Rte. 9, which point is the
southwest corner of the parcel hereby described and is also the northwest corner
of the aforesaid Xxxxxx Xxxx Corp.;
THENCE North 04 degrees 48 minutes 03 seconds East along the easterly bounds of
NYS Rte. 9, 399.23 feet to the point or placed of beginning.
PARCEL 2:
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Shown as being owned by Xxxxxx Xxxx Corp. (Vol. 375, Page 473) beginning at a
chiseled cross found in a concrete headwall in the easterly bounds of NYS Rte.
9, which point is also the southwest corner of lands of Augsbury Terminals, Inc.
(Vol. 342, Page 327), and being Parcel 1 above;
THENCE South 80 degrees 29 minutes 18 seconds East, along the southerly bounds
of said Augsbury Terminals, Inc., 326.50 feet to a 3/4" iron pipe found in the
westerly bounds of lands now or formerly owned by the Delaware and Xxxxxx
Railroad Corp., which point is the northeast corner of the parcel hereby
described and is also the southeast corner of Augsbury Terminals, Inc.;
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THENCE South 26 degrees 58 minutes 07 seconds West, along the westerly bounds of
aforesaid Delaware and Xxxxxx Railroad Corp. 203.44 feet to an iron bolt found,
which point is the southeast corner of the parcel hereby described and is also
the northeast corner of lands now or formerly owned by Xxxxxx X. Harlem (Vol.
594, Page 324);
THENCE North 80 degrees 27 degrees 31 seconds West, along the northerly bounds
of aforesaid Harlem, 249.55 feet to an iron pipe found in the easterly bounds of
NYS Rte. 9, which point is the southwest corner of the parcel hereby described
and is also the northeast corner of aforesaid Harlem;
THENCE North 04 degrees 48 minutes 32 seconds East, along the easterly bound of
NYS Rte. 9, 79.51 feet to a 1/2" crimped iron pipe found;
THENCE North 04 degrees 49 minutes 45 seconds East and continuing along the
easterly bounds of NYS Rte. 9, 115.08 feet to the point or place of beginning.
PARCEL 3:
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Shown as being owned by Xxxxxx Xxxx Corp. (Vol. 340, page 493), beginning at a
1/2" crimped iron pipe found in the easterly bounds of the Delaware and Xxxxxx
Railroad Corp., which point is also the southwest corner of lands now or
formerly owned by Xxxxxx X. Xxxxxx et at (Vol. 346, Page 235);
THENCE South 56 degrees 24 minutes 58 seconds East, along the southerly bounds
of a aforesaid Church, 80.22 feet to a 1/2" iron pipe found;
THENCE continuing on the same bearing of South 56 degrees 24 minutes 58 seconds
East and continuing along the southerly bounds of aforesaid Church, 81 feet more
or less, to the highwater xxxx of Lake Champlain, which point is the northeast
corner of the parcel hereby described and is also the southeast corner of
aforesaid Church;
THENCE Southerly, along the highwater xxxx of Lake Champlain, 780 feet, more or
less, to a point, which point is the southeast corner of the parcel hereby
described and is also the northeast corner of lands now or formerly owned by
xxxx and Xxxxx Xxxxxx (Vol. 633, page 736);
THENCE along the northerly bounds of aforesaid Xxxxxx, on the following bearings
and distances;
North 83 degrees 03 minutes 39 seconds West, 65 feet more or less to an iron
pipe found, which point is located South 00 degrees 50 minutes 01 seconds East,
805.27 feet from the last previously described iron pipe found;
North 83 degrees 03 minutes 39 seconds West, 90.00 feet to an iron pipe found;
North 83 degrees 03 minutes 39 seconds West, 353.35 feet to an iron bolt found
in the easterly bounds of the aforesaid Delaware and Xxxxxx Railroad Corp. which
point is the southwest corner of the parcel hereby described and is also the
northwest corner of aforesaid Xxxxxx;
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THENCE North 26 degrees 12 minutes 13 seconds East, along the easterly bounds of
the aforesaid Delaware and Xxxxxx Railroad Corp. 462.86 feet the beginning of a
curve concave to the north, said curve having a radius of 2914.43 feet;
THENCE northeasterly along said curve, continuing along the easterly bounds of
the aforesaid Delaware and Xxxxxx Railroad Corp. passing through an angle of 06
degrees 59 minutes, 355.22 feet to the end of said curve;
THENCE North 19 degrees 32 minutes 16 seconds East and continuing along the
easterly bounds of said Delaware and Xxxxxx Railroad Corp., 56.95 feet to the
point or place of beginning.
Together with a right of way to be used jointly with Church Oil Company, Inc.,
and Fort Xxxxxx Express Company, Inc., their successors and assigns, twenty-five
feet (25') wide easterly and westerly and running northerly from the parcel
hereinabove conveyed along the westerly boundary line of the Delaware & Xxxxxx
Railroad Corporation right of way two hundred ninety-one and fifty-one
hundredths feet (291.51'), more or less, to the right of way from the said X.X.
Xxxxx #0 to Lake Champlain, under said right of way, and along the second parcel
of property described in the deed from Xxxx X. Xxxxxxx and Xxxxxx X. Xxxxxx to
Fort Xxxxxx Express Company, Inc. and Church Oil Company, Inc., dated August 28,
1952, and recorded in the Clinton County Clerk's Office on May 7, 1953, in
Volume 322 of Deeds at page 99, about one hundred seven feet (107') more or
less, to the north side of a culvert passing underneath the Delaware & Xxxxxx
Railroad Corporation right of way. Being the same right of way designated as
"25' R.O.W. for Pipe Lines," shown on "Map of Lands of Fort Xxxxxx Express
Company, Inc., and Church Oil Co. Inc., with Xxxxxx Xxxx Corp. Land Shown, Xxxx
Xxxx Xxxx Xxxxx Xxxx, X.X. #0, Town of Plattsburgh, Clinton County, New York,
from Field Survey 7-4-53 by X.X. Xxxxx & X. Xxxxxx, map prepared by X.X. Xxxxx,
N.Y.S.L.S. #24928, dated 7-22-53, filed in the Clinton County Clerk's Office on
the 5th day of August, 1953.
Together with the joint use with Fort Xxxxxx Express Company, Inc. and Church
Oil Company, Inc. their successors and assigns, of a license and permit dated
August 8, 1950, between the Delaware & Xxxxxx Railroad Corporation, licensor and
Xxxx X. Xxxxxxx and Xxxxxx X. Xxxxxx, Licensees, licensing and permitting the
said Licensees to place four six inch (6") pipes to carry gasoline and oil
underneath and across the right of way and railroad tracks, partly within limits
of a culvert of the licensor, at Valuation Station 4551=05 in the Town of
Plattsburgh, County of Clinton and State of New York, the approximate location
of said pipes to be indicated by solid red line and marked "4-6" Pipe Lines" on
the map attached to said agreement entitled, "Miscellaneous Document No. 17483."
Together with a right of way to be used jointly with Church Oil Company, Inc.,
and Fort Xxxxxx Express Company, Inc., their successors and assigns, six feet
(6') wide running in a generally easterly direction from the easterly line of
the Delaware & Xxxxxx Railroad Corporation right of way opposite the culvert,
hereinabove referred to, to the water line of Lake Champlain; said right of way
to run parallel to the northerly line of the premises conveyed by Xxxx X.
Xxxxxxx and Xxxxxx Xxxxxx, to Fort Xxxxxx Express Company, Inc. & Church Oil
Company, Inc., by deed
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dated August 28, 1952, and recorded in the Clinton County Clerk's Office on May
7, 1953, in Volume 322 of Deeds at page 103. Being the same right of way
designated, "6' R.O.W. to Lake," shown on, "Map of Lands of Fort Xxxxxx Express
Co. Inc., and Church Oil Company, Inc.; with Xxxxxx Xxxx Corp. Land shown Xxxx
Xxxx Xxxx Xxxxx Xxxx, X.X. #0, Town of Plattsburgh, Clinton County, New York,
from Field Survey 7-4-53 by X.X. Xxxxx & X. Xxxxxx. Map prepared by X.X. Xxxxx,
N.Y.S.L.S. #24928, dated 7-22-53" filed in the Clinton County Clerk's Office on
the 5th day of August, 1953.
Together with a right of way to be used jointly with Church Oil Company, Inc.
and Fort Xxxxxx Express Company, Inc., their successors and assigns, ten feet
(10') wide easterly and westerly and running southerly from the six foot (6')
right of way to Lake, hereinabove described, along the easterly boundary line of
the Delaware & Xxxxxx Railroad Corporation right of way to the right of way
designated as "12' R.O.W. to Lake Front Property - (Reserved by Xxxxxxx)", shown
on "map of lands of Fort Xxxxxx Express Co. Inc., and Church Oil Company, Inc.;
with Xxxxxx Xxxx Corp. land shown Xxxx Xxxx Xxxx Xxxxx Xxxx, X.X. #0, Town of
Plattsburgh, Clinton County, New York, from Field Survey 7-4-53 by X.X. Xxxxx &
X. Xxxxxx. Map prepared by X.X. Xxxxx N.Y.S.L.S. #24928, dated 7-22-53," filed
in the Clinton County Clerk's Office on the 5th day of August, 1953. Being the
same right of way designated as "10' R.O.W. on said map being a part of the same
premises conveyed by Xxxx X. Xxxxxxx and Xxxxxx Xxxxxx to Fort Xxxxxx Express
Company, Inc., and Church Oil Company, Inc. by deed dated August 28, 1952, and
recorded in the Clinton County Clerk's Office on May 7, 1953, in Volume 322 of
Deeds at page 103.
Also the use of the right of way from said State Highway easterly to Lake
Champlain located northerly and adjacent to the first parcel of premises
descried in the deed dated August 28, 1952, from Xxxx X. Xxxxxxx and Xxxxxx X.
Xxxxxx, to Fort Xxxxxx Express Company, Inc. and Church Oil Company, Inc.
recorded in the Clinton County Clerk's Office on May 7, 1953, in Volume 322 of
Deeds at page 99, together with Church Oil Company, Inc., Fort Xxxxxx Express
Company, Inc. and all other persons having the right to use the said right of
way, intending to include herein the right of ingress and egress to the "25'
R.O.W. for Pipe Lines," hereinabove described and the "10' R.O.W." hereinabove
described in the preceding paragraph. Being the right of way designated, "12'
R.O.W. to Lake Front Property - (reserved by Xxxxxxx) shown on "Map of Lands of
Fort Xxxxxx Express Co., Inc. and Church Oil Co. Inc.; with Xxxxxx Xxxx Corp.
Land shown East side Lake Shore Road, U.S. #9, Town of Plattsburgh, Clinton
County, New York. From Field Survey 7-4-53 by X.X. Xxxxx & X. Xxxxxx. Map
prepared by X.X. Xxxxx N.Y.S.L.S. #24928, dated 7-22-53," filed in the Clinton
County Clerk's Office on the 5th day of August, 1953.
[ORIGINAL TEXT UNREADABLE] Inc. and Church Oil Company, Inc., their successors
and assigns, of the riparian rights owned by Fort Xxxxxx Express Company, Inc.
and Church Oil Company, Inc. along the shore and in the waters of Lake Champlain
at the easterly end of the "6' R.O.W.l to Lake," shown on, "Map of Lands of Fort
Xxxxxx Express Co. Inc., and Church Oil Co. Inc.; with Xxxxxx Xxxx Corp. Land
shown, Xxxx Xxxx Xxxx Xxxxx Xxxx, X.X. #0, Town of Plattsburgh, Clinton County,
New York, from Field Survey 7-4-53 by X.X. Xxxxx & X. Xxxxxx, Map prepared by
X.X. Xxxxx, N.Y.S.L.S. #24928, dated 7-22-53," filed in the Clinton County
37
Clerk's Office on the 5th day of August, 1953, granting to said Xxxxxx Xxxx
Corporation, its successors and assigns, irrevocable permission and consent to
build and construct such pier or piers and dolphin or dolphins off shore in Lake
Champlain fronting the lands owned by said Fort Xxxxxx Express Company, Inc. and
Church Oil Company, Inc. on the shore of said lake as it may deem necessary for
the operation of a bulk plant or storage facility on the premises herein before
conveyed with further permission and consent to lay pipe lines on the bed of the
Lake to said pier or piers subject to obtaining permission of the State of New
York, the United States Government, and any other governmental authority as may
be the owner of such lands under water or may have control of navigation
thereover.
The rights of way hereinabove described are for the purpose of laying and
maintaining pipe lines for carrying petroleum products and maintaining such
lines, and the rights of way include the right of ingress and egress, upon said
right of way for the purpose of constructing, maintaining, and inspecting such
pipe lines.
Church Oil Company, Inc., and Fort Xxxxxx Express Company, Inc. their successors
and assigns, reserve the right to connect to and use said pipe lines along any
part of said right of way together with Xxxxxx Xxxx Corporation, its successors
and assigns, upon the condition that they shall, at the time of making such
connection, pay to Xxxxxx Xxxx Corporation, its successors and assigns, one-half
of the cost of construction of said pipe lines from the point of connection to
the termination of said pipe lines in Lake Champlain, and that they shall
thereafter during such period of use pay one-half of the cost of maintaining and
repairing said pipe lines.
Church Oil Company, Inc., and Fort Xxxxxx Express Company, Inc., their
successors and assigns, also reserve the right to use the boat anchorage and
pipe lines in Lake Champlain at the termination of said pipe lines as
hereinbefore described along said right of way, upon the condition that they
shall at the time of making such use pay to Xxxxxx Xxxx Corporation, its
successors and assigns, one-half of the cost of construction of said boat
anchorage including dolphins and piers as well as thereafter during such period
of use, paying one-half of the cost of maintaining and repairing said boat
anchorage, piers and dolphins.
Reserving, however, an easement of right of way for the purpose of a water line
to furnish water for drinking purposes and household use for five (5) cottages,
said easement being described in an instrument between Ashville Xxxxxxx and
Easter Xxxxxx Xxxxxxx to Xxxx X. Warn and Xxxxx X. Warn dated November 2, 1944,
and recorded November 2, 1944, in Volume 213 of Deeds at page 94, Clinton County
Clerk's Office.
Also reserving the use of the right of way from the State Highway easterly to
Lake Champlain, said right of way to be used in common between the parties
hereto and with others.
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