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APPENDIX

The following deeds were submitted by attorneys for the Seneca tribe for inclusion in the hearing record.

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THE PEOPLE OF THE STATE OF NEW YORK (hereinafter also referred to as

"The People"), acting by William C. Hennessy, their
Commissioner of Transportation, by James E. collison,
Director of Real Estate, with offices at 1220 Washington
Avenue, Albany, New York, and

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THE SENECA NATION OF INDIANS (hereinafter also referred to as "The

Seneca Nation"), with a mailing address at Box 231,
Haley Building, Salamanca, New York.

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WHEREAS, The People of the State of New York have appropriated and are appropriating certain designated lands owned by the Seneca Nation of Indians for purposes connected with the highway system of the State of New York in a project entitled, "Southern Tier Expressway, Sections 5M, 5N and 5P, Cattaraugus County"; and

WHEREAS, the Seneca Nation of Indians, acting by their duly constituted Tribal Council, are authorized, without approval of the United States Department of the Interior, to consent to the extension of all laws of the State of New York concerning the laying out, altering, discontinuing and repairing of highways and bridges over lands of said Seneca Nation pursuant to Section 8 of the Act of February 19, 1875 (18 Stat. 330); and

WHEREAS, the parties hereto did enter into a certain Agreement of Adjustment dated July 28, 1976, which was subsequently recorded in the Office of the clerk of the County of Cattaraugus on July 13, 1978 in Liber 784 of Deeds, at page 754 and which included the consent of the Seneca Nation to the application and extension of the provisions of Section 30 of the Highway Law of the State of New York to the above referred to project subject to the limitations set forth in said Agreement, said consent being in conformity with the judgment rendered on September 22, 1975 by the United States District Court for the Western District of New York in the case captioned Seneca Nation of Indians v. State of New York, Civil Action No. 1971-528; and

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WHEREAS, it urther provided in said Agreement that as a specific condition of same The People would offer, and, if acceptable to the Seneca Nation, convey by quitclaim deed to the Seneca Nation certain designated lands totaling 795+ acres in exchange for lands taken from the Allegany Indian Reservation for the above entitled project; and

WHEREAS, by act of the Legislature of the State of New York embodied in Chapter 962 of the Laws of 1973 (now Section 31 of the Highway Law of the State of New York) the Commissioner of Transportation was authorized to acquire property or to use property under the jurisdiction of his department, for the purpose of effectuating an exchange of same, in whole or in part, on terms

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beneficial to The People, for Seneca Reservation lands or real property interests therein to be acquired from the Seneca Nation for the construction of the Southern Tier Expressway and, in order to complete such exchange, was further authorized to execute and deliver, in the name of The People a quitclaim deed of such property to the Seneca Nation; and

WHEREAS, the Commissioner of Transportation did acquire lands acceptable to the Seneca Nation for the purposes of such exchange by order dated June 15, 1978 pursuant to which, by reason of the consent of both the Commissioner of the Office of Parks and Recreation and the Commissioner of the Office of General Services, the said Commissioner of Transportation obtained jurisdiction over 795+ acres, in the Town of Red House, County of Cattaraugus, which were originally acquired in the name of The People of the State of New York for the Allegany State Park, and

WHEREAS, the Commissioner of Transportation deems a conveyance of such lands in exchange for lands of the Seneca Nation for the construction of the Southern Tier Expressway project to be on terms beneficial to The People of the State of New York.

NOW, THEREFORE, in consideration of the provisions contained in said Agreement of Adjustment dated July 28, 1976 and as authorized by Section 31 of the Highway Law of the State of New York, The People of the State of New York do hereby remise, release and quitclaim unto the Seneca Nation to hold for the benefit of The Nation, and to hereafter be Indian Reservation lands, enjoying all of the rights and privileges and subject to all of the limitations which now or hereafter shall inhere in Indian Reservation lands under law:

All that piece or parcel of land hereinafter designated as Parcel No. 1676, situate in Lot Nos. 24, 25, 26, 28 & 29, Township No. 2, Range No. 7, in the Town of Red House, County of Cattaraugus, State of New York, described as follows:

PARCEL NO. 1676

Beginning at a point on the easterly boundary of the existing Southern Tier Expressway, (Steamburg-Salamanca) Section 5L at its intersection with the division line between the property of The People of the State of New York on the north and the property of the United States of America on the south, said point being 17.1+ feet distant westerly measured at right angles from Station 367+37.7+ of the hereinafter described baseline for the construction of the Allegheny Reservoir and relocated roads in the State of New York; thence easterly along the said division line, being the northerly boundaries of Tracts 2239 and 2231 as delineated on Parcel No. 107 of Map No. 2252 and Parcel No. 112 of Map No. 2262, respectively, and acquired by the United States of America for the Allegheny Reservoir Project, a distance of 1,168.94 feet to a point on the division line betwen the property of The People of the State of New York on the north, east and southeast and the property of the United States of America, on the southwest, said point being 1,146.3+ feet distant easterly measured at right angles from Station 366+21.0+ of the said baseline; thence southerly along the last mentioned division line, being the easterly boundary of Tract 2231 as delineated on the said Parcel No. 112, a distance of 550.00 feet to a point; thence easterly on a course at right angles to the last mentioned division line being course No. 3 as delineated on Parcel No. 1673 of Map No. 1663-T for the construction of Southern Tier Expressway, 1, 247.9+ feet to a point; thence southerly on a course at right angles to the northerly boundary of Tract 2237 as delineated on Parcel No. 141 of Map No. 2278 and acquired by the United States of America for the Allegheny Reservoir Project, being course No. 4 as delineated on Parcel No. 1673 of Map No. 1663-T for the construction of Southern Tier Expressway, a distance of 184.6+ feet to a point being the northeasterly corner of the said

Parcel No. 141 as delineated for the said Tract 2237, said point being 832.5+ feet distant northerly measured at right angles from Station "RHR" 64+80.4+ of the hereinafter described "RHR" baseline for the construction of the Allegheny Reservoir and relocated roads in the State of New York; thence along the easterly boundary of the said Parcel No. 141 as delineated for the said Tract 2237, South 40° 57' 43" West, 622.9+ feet to a point 226.9+ feet distant northerly measured at right angles from Station "RHR63+35.0+ of the said "RHR" baseline; thence easterly on a course at right angles to the former easterly division line of the property of Charles and Theresa M. Dach (Reputed Owners) 549.0+ feet to a point on the said former division line; thence southerly along the said former division line 283.4+ feet to a point; thence easterly on a course parallel to and 200 feet distant northerly measured at right angles to the centerline of Allegany State Park Road #2 (formerly Red House Road), 1,208.24 feet to an angle point; thence continuing easterly on a course parallel to and 200 feet distant northerly measured at right angles to the centerline of Allegany State Park Road 12 (formerly Red House Road), 1,553.4+ feet to a point, being the terminal point of course No. 9 as delineated on the said Parcel No. 1673, thence northerly on a straight line, along course No. 10 of the said Parcel No. 1673, 8,067.14 feet to a point on the division line between the property of the People of the State of New York on the south and the property of Timothy E. and Candace M. Vesneski (Reputed Owners) on the north, said division line being the boundary between the Town of Red House on the south and the Town of Salamanca on the north; thence westerly along the last mentioned boundary being the division line between the property of The People of the State of New York on the south and the properties of Timothy E. and Candace M. Vesneski and Irving J. Nies (Reputed Owners) on the north, 326.34 feet to a point on the southerly boundary of the existing Breed Run Road; thence westerly along the said southerly boundary 496.2+ feet to a point on the division line between the property of the People of the State of New York on the south and the property of Irving J. Nies (Reputed Owner) on the north, said division line being the boundary between the Town of Red House on the south and the Town of Salamanca on the north; thence westerly along the last mentioned boundary-division line 482.4+ feet to a point on the southerly boundary of the existing Breed Run Road; thence westerly along the said southerly boundary, 510.3+ feet to a point on the division line between the property of the People of the State of New York on the south and the property of Irving J. Nies (Reputed Owner) on the north, said division line being the boundary between the Town of Red House on the south and the Town of Salamanca on the north; thence westerly along the last mentioned boundary-division line 920.34 feet to a point on the division line between the property of The People of the state of New York on the southeast and the property of the Seneca Nation of Indians of New York State on the northwest, the last mentioned division line being the Allegany Indian Reservation Boundary; thence southerly along the last mentioned division line and Allegany Indian Reservation Boundary 5,127.0+ feet to a point on the said easterly boundary of the existing Southērn Tier Expressway, (Steamburg-Salamanca) Section 5L, said point being 85.0+ feet distant easterly measured at right angles from Station 391+78.8+ of the first mentioned baseline; thence along the said easterly boundary of the existing Southern Tier Expressway, the following five courses and distances: (1) South 5° 34' 29" East, 589.8+ feet to a point being 85.0+ feet distant easterly measured at right angles from Station 385+88.0+ of the said first mentioned baseline; thence (2) South 8° 17' 37" East, 527.6+ feet to a point 110.0+ feet distant easterly measured at right angles from Station 380+62.0+ of the said first mentioned baseline; thence (3) South 5° 43' 49" East, 737.0+ feet to a point 112.0+ feet distant easterly measured at right angles from Station 373+25.07 of the said first mentioned baseline; thence (4) South 4° 23' 29" West, 317.8+ feet to a point 57.0+ feet distant easterly measured at right angles from Station 370+12.Ōt of the said first mentioned baseline; thence (5) South 9° 23' 03" West, 287.1+ feet to the point of beginning, being 34,630,2014 square feet or 795.000 acres, more or less.

Being all (designated below by *) or a portion of the property originally acquired in fee by The People of the State of New York by virtue of the parcels set out below:

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Also, The People of the State of New York do hereby remise, release and quitclaim unto the Seneca Nation a permanent easement for the purpose of ingress, egress and regress from existing Red House Road to Parcel No. 1676, over an access road to be constructed by The People in accordance with standard New York State Department of Transportation specifications for the construction of access driveways or entrance roads and to be maintained by The People in the same manner as other roads within the Seneca Nation's Reservation boundaries, in and over all that piece or parcel of land hereinafter designated as Parcel No. 1675, situate in Lot No. 24, Township No. 2, Range No. 7, Town of Red House, County of Cattaraugus, State of New York described as follows:

PARCEL NO. 1675

Commencing at a point on the northerly boundary of the existing Allegany State Park Road #2 (formerly Red House Road) at its intersection with the former easterly division line of Charles and Theresa M. Dach (Reputed Owners); thence easterly along the said boundary 1,741.2+ feet to the point of beginning, said point being 33 feet distant westerly measured at right angles to the centerline of the existing access road; thence through the property of the People of the State of New York the following three courses: (1) northerly on a course parallel to and 33 feet distant westerly measured at right angles to the centerline of the existing access road, 175.3+ feet to a point; thence (2) easterly on a course parallel to and 200 feet distant northerly measured at right angles to the centerline of Allegany State Park Road 12 (formerly Red House Road) 66+ feet to a point; thence (3) southerly on a course parallel to and 33 feet distant easterly measured at right angles to the centerline of the existing access road, 175.3+ feet to a point on the said boundary; thence westerly along the said boundary 66+ feet to the point of beginning, being 11,5674 square feet or 0.256 acre, more or less.

Being a portion of the property acquired in fee by The People of the State of New York by virtue of the filing of Map No. A63-F, Proposal No. 350, Area F, said map being filed in the Department of State on September 17, 1963 and in the office of the clerk of Cattaraugus County on September 18, 1963.

The above mentioned baseline is a portion of the baseline for the construction of the Allegheny Reservoir and relocated roads in the State of New York, as shown on a map and plan on file in the office of the State Department of Transportation and described as follows:

Beginning at Station 353+07.00 = Station "RHR" 50+00.00; thence North 5° 34' 29" West to Station 444+46.78.

Also, the above mentioned "RHR" baseline is a portion of the "RHR" baseline for the construction of the Allegheny Reservoir and relocated roads in the State of New York, as shown on a map and plan on file in the office of the State Department of Transportation and described as follows:

Beginning at Station "RHR" 50+00.00 = Station 353+07.00; thence South 62° 32' 39" East to Station "RHR" 68+00.00;. thence South 78° 23' 39" East to Station "RHR" 71+23.62; thence North 75° 04' 21" East to Station "RHR" 83+00.00; thence North 77° 26' 51" East to Station "RHR" 98+75.24.

All bearings referred to true north at the 78° 35' 00" Meridian of West Longitude.

In conveying the above described easement, The People of the State of New York reaffirm its commitment to construct such access highway in the manner described above.

The above described premises and easement are shown and described as Parcels 1675 and 1676 on Map 40 entitled Southern Tier Expressway, Cattaraugus County to be filed in the Office of the clerk of Cattaraugus County simultaneously with the recording of this deed.

A parcel of land 200+ feet in depth lying between Allegany State Park Road #2 (formerly Red House Road) and a southerly line of Parcel 1676 on Map 4C not conveyed hereunder (said area depicted on Map 4C labeled "Green Belt Zone") will be maintained and preserved as a green belt zone by the State, and no building, structure, billboard, sign or other improvement will be erected or allowed to be erected without approval of the Seneca Nation of Indians, which approval shall not be unreasonably withheld; provided, however, that the construction of an entrance control gate and a combined police station and rental office, together with any necessary widening of State Park Road #2 in conjunction therewith shall not be subject to such approval.

TO HAVE AND TO HOLD the premises herein granted unto the Seneca Nation, its successors and assigns forever, to be held as Indian Reservation lands as aforesaid; provided, however, that the lands over which the permanent easement has been granted herein shall not constitute or be considered Indian Reservation lands for any purpose.

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