Exhibit 10.9
THIS INDENTURE, made the 13th day of August, 1997 between TOWN OF
XXXXXX, grantor, a municipal corporation organized under the laws of the State
of New York having its offices at Xxxx Xxxxxx Xxxxxxxx, Xxx 0000, Xxxxx Xxxxx
Xxxxx, Xxx Xxxx 00000, (hereafter referred to as Grantor) and Xxxxxxxx Adhesives
Incorporated, a Virginia corporation with an address of X.X. Xxx 0 Xxxxxxx,
Xxxxxxxx 00000, grantee.
WITNESSETH, that the grantor, in consideration of One Dollars, lawful
money of the United States, paid by the grantee, does hereby grant and release
unto the grantee, 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 and drawer #M-398, A-S.
SUBJECT to an easement for utility purposes as described in Schedule
"A" attached hereto and to all other easements, restrictions and reservation of
record.
ALSO SUBJECT to a requirement that should the premises herein contain
waters of the United States, which includes wetlands, the Grantee herein shall
be required to contact the U.S. Army Corps of Engineers to determine if any
additional authorization is required prior to Grantee undertaking any
jurisdictional activities. Said requirement is made pursuant to a special
condition of a U.S. Army Corps of Engineers Permit, Application No.
92-08860-YN issued New York District on March 1, 1993.
TOGETHER with the appurtenances and all the estate and rights of the
grantor in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the grantee, its
successors and assigns forever.
This deed is subject to the trust provisions of Section 13 of the Lien
Law.
AND the said grantor covenants that it has not done or suffered any
thing whereby the said premises have been incumbered in any way whatever.
IN WITNESS WHEREOF, the grantor has caused its corporate seal to be
hereunto affixed, and these presents to be signed by its duly authorized officer
the day and year first above written.
TOWN OF XXXXXX
By: /s/ Xxxxx X. Xxxxxxx, Xx.
--------------------------
Its: Town Supervisor
STATE OF NEW YORK )
) ss.:
COUNTY OF SARATOGA)
On this 13 day of August, 1997, before me personally came Xxxxx X.
Xxxxxxx, Xx. to me known, who being by me duly sworn, did depose and say that he
resides at 00 Xxxxxx Xxxxxx, Xxxxx Xxxxx Xxxxx, ____________, New York; that he
is the Supervisor of the Town of Xxxxxx, the municipal corporation described in
and which executed the foregoing instrument; and that he signed his name thereto
by order of the members of such municipal corporation.
/s/ Xxxxxx X. Xxxxxx
--------------------------------
Notary Public, State of New York
Xxxxxx X. Xxxxxx
Notary Public, State of New York
#4688448
Qualified in Saratoga County
Commission Expires 4/30/98
SCHEDULE "A"
UTILITY EASEMENT THROUGH
A PORTION OF LOT NO. 3
REVISED SUBDIVISION OF XXXXXX INDUSTRIAL PARK
UTILITY EASEMENT THROUGH ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE
in The Town of Xxxxxx, County of Saratoga, State of New York lying east of the
easterly line of a proposed right-of-way to be known as Xxxxxx Road as shown on
a map entitled "Revised Subdivision of Xxxxxx Industrial Park", as prepared by
The Saratoga Associates and filed in the Saratoga County Clerk's Office of
February 16, 1994 in Drawer "M" as Map No. 398, A-S and being further bounded
and described as follows:
Commencing 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 commencement along said common division line the
following three (3) 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, 50.00 feet to the point of beginning
of the hereinafter described Utility Easement; thence from said point of
beginning continuing along said common division line the following three (3)
courses and distances:
1) North 90 deg. 00 min. 00 sec. East, 141.52 feet to a point marked with a
capped iron rod found;
2) North 00 deg. 00 min. 00 sec. East, 32.63 feet to a point marked with a
capped iron rod found;
3) 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 320 +/-
feet to the point, the last course having a tie-line of South 37 deg. 14 min. 30
sec. West, 311.35 feet; thence through Lot No. 3 the following two (2) courses
and distances:
1) North 88 deg. 04 min. 00 sec. West, 470 +/- feet to a point;
2) North 24 deg. 28 min. 50 sec. West, 326.62 feet to the point or place of
beginning of said Utility Easement containing 5.0 +/- acres.
Said easement subject to a 50 foot Access and Utility Easement to General
Electric Corp. in common with others as shown on said map.
Said easement made subject to a Conservation and Utility Easement as shown on
said map.
Said easement made subject to any and all enforceable covenants, conditions,
restrictions and easements of record as they may appear.
