IN WITNESS WHEREOF, the parties here to have caused this instrument to be signed by their duly authorized representative and their seals to be hereunto affixed the day and year first above written. On this 2nd day of September in the year One Thousand Nine Hundred Eighty-One, before me, the subscriber, personally came JAMES E. COLLISON, acting for William C. Hennessy, Commissioner of Transportation of the State of New York, and to me known and known to me to be the Director of the Real Estate Division of the Department of Transportation described in and who executed the foregoing instrument and he acknowledged to me that he resides at 21 Overridge Road, Latham, New York, and that he executed the same as such Director, Real Estate Division, by virtue of Official Order No. 1244 dated July 3, 198 for and on behalf of The People of the State of New York and affixed the seal thereon pursuant to and as provided by statute. Thousand Nine Hundred Eighty-One, before me personally came President BARRY SNYDER to me known, who, being by me duly sworn, did depose and say that he resides at 11076 LAKE SHORE RD IRVING NY. 14081 ; that he is the President of THE SENECA NATION OF INDIANS described in and which executed the above instrument; that he knows the seal of said Nation; that the seal affixed to said instrument is such National seal; that it was so affixed by order of the Council of said Nation and that he signed his name there to by like order. Proceeding 4016 SOUTHERN TIER EXPRESSWAY SECTION 5M COUNTY OF CATTARAUGUS Map 9-C, Parcel 1678 Made this 26th day of February year One Thousand Nine Hundred Eighty- Lao, between in the 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 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. WITNESS ETH: That The People of the State of New York, in consideration of certain mutual promises and agreements, and as authorized by Section 31 of the Highway Law of the State of New York, do hereby remise, release and quitclaim unto the Seneca Nation of Indians 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 property hereinafter designated as Parcel No. 1678, situate in Lot No. 14, Township No. 2, Range No. 8, Town of Cold Spring, County of Cattaraugus, State of New York and described as follows: PARCEL NO. 1678 BEGINNING at corner point no. 19 of the Allegany Indian Reservation Boundary, being the division line between the property of The People of the State of New York on the east and south and the property of the Seneca Nation of Indians of New York State on the west and north, said point being the point of beginning of a parcel of property quitclaimed by the United States of America to The People of the State of New York by deed recorded in the office of the Clerk of Cattaraugus County on the 20th day of October 1980 in Liber 805 of Deeds at page 673, said point also being 298.5+ feet distant northwesterly measured at right angles from Station B 308+07.6+ of the hereinafter described B centerline for the Construction of the Allegheny Reservoir and relocated roads in New York State; thence easterly along the said Reservation Boundary-division line 683.07+ feet to a point on the southeasterly boundary of the existing Quaker Bridge Road, S.H. No. (East Bank Perimeter Road), said point being 88.88+ feet distant southeasterly measured at right angles from Station B 313+70.15+ of the said centerline; thence along the last mentioned boundary South 57° 55' 32" West, 503.64+ feet to its point of intersection with the division line between the property of The People of the State of New York (State Executive Department, Office of Parks and Recreation) on the east and the property of the United States of America on the west with the division line between the property of The People of the State of New York (Department of Transportation) on the northwest and the property of the United States of America on the southeast, said point being 95.0+ feet distant southeasterly measured at right angles From Station B 308+66.55+ of the said centerline; thence along the last mentioned division line the following three courses and distances: (1) South 60° 11' 32" West, 656.80+ feet to a point 77.0+ feet distant southeasterly measured at right angles from Station B 302+10.0+ of the said centerline; thence (2) South 45° 56' 37" West, 49.8+ feet to a point 88.0+ feet distant southeasterly measured radially from Station B 301+62.0+ of the said centerline; thence (3) South 58° 50' 43" West, 224.28+ feet to a point on the said Reservation Boundary-division line, said point being 95.0+ feet distant southeasterly measured radially from Station B 299+43.0+ of the said centerline; thence northeasterly along the said Reservation Boundary-division line 956.5+ feet to the point of beginning, being 6.009 acres, more or less. RESERVING unto the United States of America and its assigns, the perpetual right and easement to flood as may be necessary by reason of the construction, operation and maintenance of the Kinzua Dam and Allegheny Reservoir, all of the above described premises lying below full pool elevation 1365.0 feet, mean sea level. RESERVING, however, to The People of the State of New York and its successors or assigns a permanent and assignable easement for the purpose of constructing, reconstructing and maintaining thereon a State Highway, together with such bridges and other facilities in connection therewith as may be deemed necessary by the Commissioner of Transportation for the proper operation or improvement thereof. Such easement shall be exercised in and to, over, under and across all that piece or parcel of property hereinafter designated as HIGHWAY RIGHT OF WAY situate in Lot No. 14, Township No. 2, Range No. 8, Town of Cold Spring, County of Cattaraugus, State of New York, and described as follows: HIGHWAY RIGHT OF WAY BEGINNING at the point of intersection of the division line between the property of The People of the State of New York (Department of Transportation) on the northwest and the property of the United States of America on the southeast with the Allegany Indian Reservation Boundary, being the division line between the property of The People of the State of New York on the east and the property of the Seneca Nation of Indians of New York State on the west, said point being 95.0+ feet distant southeasterly measured radially from Station B 299+43.0+ of the hereinafter described B centerline for the construction of the Allegheny Reservoir and relocated roads in New York State; thence northeasterly along the said Reservation Boundary-division line 405.7+ feet to a point, said point being 75.0+ feet distant northwesterly measured at right angles from Station B 303+08.89+ of the said centerline; thence through the property of The People of the State of New York (Department of Transportation) North 58° 37' 18" East, 827.01+ feet to a point on the said Reservation Boundary-division line, said point being 75+ feet distant northwesterly measured at right angles from Station B 311+35.9+ of the said centerline; thence easterly along the said Reservation Boundarydivision line 285.87+ feet to a point on the southeasterly boundary of the existing Quaker Bridge Road, S.H. No. (East Bank Perimeter Road), said point being 88.88+ feet distant southeasterly measured at right angles from Station B 313+70.15+ of the said centerline; thence along the last mentioned boundary South 57° 55' 32" West, 503.64+ feet to its point of intersection with the first mentioned division line and the division line between the property of The People of the State of New York (State Executive Department, Office of Parks and Recreation) on the east and the property of the United States of America on the west, said mint being 95.0+ feet distant southeasterly measured at right angles from Station B 308+66.55+ of the said centerline; thence along the said first mentioned division line the following three courses and distances: (1) South 60° 11' 32" West, 656.80+ feet to a point 77.0+ feet distant southeasterly measured at right angles from Station B 302+10.0+ of the said centerline; thence (2) South 45° 56' 37" West, 49.8+ feet to a point 88.0+ feet distant southeasterly measured radially from Station B 301+62.0+ of the said centerline; thence (3) South 58° 50' 43" West, 224.28+ feet to the point of beginning for said HIGHWAY RIGHT OF WAY. The above mentioned survey B centerline is a portion of the B centerline for the construction of the Allegheny Reservoir and relocated roads in New York State, as shown on a map and plan on file in the office of the State Department of Transportation, a portion of said B centerline being described as follows: BEGINNING at Station B 281+00.04; thence North 82° 16' 34" East to Station B 286+08.94; thence northeasterly along a 3819.72 foot radius curve to the left to Station B 301+84.98; thence North 58° 38′ 08" East to Station B 321+31.68. All bearings referred to True North at the 78° 35' 00" Meridian of West Longitude. Together with the appurtenances and all the estate and rights of The People of the State of New York in and to said premises, but subject to the permanent easement reserved hereunder. 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. IN WITNESS WHEREOF, The People of the State of New York have hereunto set their hand and seal the day and year first , و in the year before me, the subscriber, One Thousand Nine Hundred Eighty-Two personally came J. E. COLLISON, acting for William C. Hennessy, Commissioner of Transportation of the State of New York, and to me known and known to me to be the Director of the Real Estate Division of the Department of Transportation described in and who executed the foregoing instrument and he acknowledged to me that he resides at 21 Overridge Road, Latham, New York, and that he executed the same as such Director, Real Estate Division, by virtue of official Order No. /244 dated July 3, 1980 4 for and on behalf of The People of the State of New York and affixed the seal thereon pursuant to and as provided by statute. |