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Gnmer/Mertgagor Castaway Marina_ Inc.
Gnetx/Martgagee JiD Marina. LLC
RecordWby_ Lake George Title Aget,cy. Itte.
Retumlo acD Marina. LLC
3219 Route 9L
Lake George. NY 128�5
Upon remrdiag this page beeaere a part of
dw dawmeta (33,00).
BPS&R Fam 36927
f Raordv=g Stamp
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T}IIg INDENTURE, nud[ she Rom' day of August, 1998.
&tweet Castawry Marine, Inc.. a corporation organized undo the law, of the State of New
York and having W office address at Lapp Read, C i lot Park New Ycet 12065, parry Of the
York.
part, end i d D Mari �L�i�`a, M A an address ar 3219 Route 9L, Like George. New
Y«k IT84S, panics efthc art
WITNFMFTH that the r parry of the fiat past, its Consideration oflhte and 110/100 ($1.00) Dolor
p 4w11,11 money of the United States, and other good and valuable consideration d the
of the second W. does hereby gram and rekase unto the panic, of the � par �dtpr W
and assigns forever, all
WN PARCELI
o ALL THAT TRACT, PIECE OR PARCEL OF LAND situate in the Town ofQuo,,g y,
Warren County. New Yorlt lying northerly of New York State Route 9L, Westerly of Warner's
Bay. Lake George, and being Further bounded and desutbed n folio"
Beginning at a poim in the aortbety line of New York Seale Route 9L, said poim bdog distant
the following two courses: from a 14' twin den located at the oteribin tali, Conner Orland, of
Warner's Bay Marine, Im,, North 85' 40' West, two hundred twenty-five fed (ZZ5.0� to a point;
mid line running along the northerly fine offends of Waner's Bay Marini, Inc; thence lhnough
lands of Warners Bay Melinst Inc.. South r 33' West, two hundred rrinclydour and twenty -far,
hundredths fen (294.24) to the pain of beginning, and runts thence through lads of Wama's
Bay Marina, Inc. the following two courses: North 8a 33' Fast, One hundred forty -Svc fen
} (145.(Y) to a point; thence North 68s 33' West, two hundred si.gy.sevm and three hundredths feet
}i (267 03) to the westerly line of lards of Warners Bay Marina. hw.: thence along mid w,ex i
I220 y
line. South 21' 00' West, seeemy-five feet (750') to the nonh-Lest mend of lands now « 4ly as L Fatato; thence aMng the Eatery line oflands now orformery of L Fatato, South
t East, one hundred font'4Mes and twenty-oghl hundredths fee (1432" to o point in the
ttonlwly line of New Y«t State Route 91.; lhrnce along the northerly fine ofRoule 9L, the
following Iwo counties. North 70' 5T East, one hundred IWO and twenty-nine hundredths Flat
/ (102 27) to a New York State Concerts Monument Maher; thence North $59 35, Far, one
hundred twenty fen (120 9) to the point or place of beginning, Containing about 1.0 acres of fand.
togdha with an n orfl for a pipe or lute For a water supply to the lands herein conveyed,
which pipe Or line shall run from (he shore of Lake George easterly along the northerly boundary
ofihc lands now or once owned by George Maksail, thence Southerly along the easterly boundary
of lands conveyed by George A. Makmil to John P. Brown. This easement sbalt we wick the land
t and bind the assignees and grantees of the piny of the hen pan. Facepiing and rosining
P thmIntot an taseMM ten ket in width for ingress and egress alongthewesterly boundary of the
y; finds herein eoev" which usC,nent shall run with the fired and bind the am;finms grantees,
heirs and distributees of the parties of the second pan.
ALSO ALL THAT PIECE OR PARCEL OF LAND, with she buildings situate therwsn, and being
located in the Town of Queensbwy, County of Warren and State of New York, and being lossted
in a portion of Lot 42 ofthe French Mwnrnin Tract, hounded and described as Coltows:
BEGINNING at a point on the norrheriY bounds of lands of New York
State and State Highway
No. 9L: turning th nee,Nonh ei$My five degrees thirty-five minutes Eas ( N 85. 33, E) along the
bounds of the lands of New York State
as
tnortherly
and said State Highway No. 9L ono hundred
y iifill hundredths (135.52) feet go a wnerese monument found
M
pand
North swot I the edge of
theawam ; t y degrees Twenty-six minutes East (N 20• 26' E) along the edge ofand
the swamp one hundred one and 6atr4ur hundredths 001.4a) fees to
4:s
the shore of Lake George
Bay, theme running North sixteen
Y tsght minutes Faso (N 169 27r E) along the shore of said %k. �gr"a Tam �
savwly eilghl y shore o East
Cat; running thence North risky -ties d NY seventy-five (75)
Plus or mimes to a 1; surmi a&ea thrny-three minutes Was, IN 86. 33' W) 188 fee
times S >t° 73' W one hundred se„mr),-firo 75)
Go
V
~
minua, to 1he point or lace off (f fop plus air
P beginning.
THIS CONVEYANCE IS MADE SUBJECT ALSO to w amneo and right of way Pon ingress
and egress over the lands conveyed to Warecr's
Bay Marina. Inn,
THIS CONVEYANCE IS MADE SUBJECT ALSO
to a certain easaaem or right of way ten
(10) feet in width as gnawed to one Lawrence A. Facto.
THIS CONVEYANCE IS MADE SUB)ECT ALSO
to an easement gramcd 10 Wamer's Ny
Marina, Inc. to allow Said Corporation an, tress necessary for the parking ora "mobiles
boars and fw the storage orgasoline and.
on said premises conveyed
Said Premises are designated in the 4a maps of the Town of
Lot 40 and Lot 39. h+s Section 16 BlorJr t
PARCEL B
ALL THAT TRACT, PIECE OR PARCEL OF LAND situate in the Town ofQuo nshury,
Warren County, New York, lying Northerly of New York State, Rouge 9L, Westerly of warners
Bay. IAke George, and being further bounded and described ss follows:
Beginning At 4 point in the Northcrty line of lands now or fomterly of Warrar's Bay Marina, Inc.,
said point being distant North 85 degrees 40 minutes Wesr, two hundred rweniy-6se fm (225.OJ
from a td• twin Elm in the Northeast wmer of lands of Waner'S Bay Manna, as Ineuurcd along
the Northerly line of lards of Wamer's Bay Marina, Inc. and nuns Bence along the Northerly fine
of Warners Bay Marina, Inc.. North 85 degrees 40 minutes Wes,. two hundred lkrry.two and
two-tuntths fee (232.2) to a pone monument marker, thence along the Westerly line orlands of
Wamer's Bay Marina, Inc, South 21 degrees 00 minutes West, One hundred fiflynine and aixry
four hundredths !ep (t 59.6a� to a point: lhcae through lairds u>f warner't Bay Marra, Ia., Ike
following two curses South 86 degrees 33 mirates East, two hundred siary'seven and Three
laaidredlFu fees (267.035 to a poiutt; thaxa No It 8 degrees 33 murura Fist, One hundred IbnS`
aban 0.86 o ja,dgOgggedte wigh an .2n to rite palm Of Piece of beginning, wntsinieS
the Westerly boundaty of lands aaaemem ten fiat in width for ingress ad qt a along
Oh 74M by W&nW*s Bay Mains, Ine. to C'aoBe A,
I
MAW *h lb easement Ad tent with the lard and bind the asagnteea end grarram of the par of
the first part
Said premises are designated on the sax map of the Town of
Section 16 Block I Lot 47 fern' Werm Comfy as
PARCEL ell
r
O 5M that certain piece or pared ofland, situate, tying and be da ins the Town of Qu�nlnry,.
v" County, New York sore PartkulArly bounded and described a Co O Q B an ion Pipe $d'u the ground marfultg the ,,,hcau EUTINJND at
Whrcll pant of Aermng is hated on a course � t� oftht premises hereby eods cycc,
W 203.37 fees 6 So ah 12 degrees 28 minutes 30 seconds Wcri
om an iron rod found in concrete n she southwewery corner of Seely< Road, and
running thrnce from said pours or place of beginning, North 89 degrees 00 ndnules Well, 232.20
fed to a stone rnomtmem in the line era fence on the eased; bounds of lands now or formal; of
Leander Dickinson; thence 4o a cortex Noah 03 degrees 35 minutes Wen along the said f nim
and boundary line, too fur to m Point for A comer thence South 89 degrees 00 minutes Fast,
260.a2 feet to a point m the Westerly bounds ofa proposed 20 foot right of way; IbeAcc South 12
degrees 28 minutes 30 seconds Wm, 101, 72 fed 19 she polar or place ofbegn oing, containing
0.561 acres, yr re or )ass.
tmending to convey 101 mrmbcr 2 as shown on "Map of Lends now or formeiy of Dr. )oseph J.
and Virginia C. Michalka", dated Febrysry 12, 1979 by John B. Y u
Sur,eyor, and which map was filed in she Warren County Clerk's,O fiice�on M 979
Licensed Land
Alm. a right of way for purposes of ingress and egress to be used in common by she owns of
Los 1, 2, 3, and 4 as follows: Lots 1, 2 and 3 for we"$ to lots and lot 4 for motes, to a 35 four step of lard leading to the starts of Lake George, which right of way is more particularly
bounded and described as follows M that certain piece or pared of land, siluale, lying and being
in the Town ofQucensbury, Warren Courtly. New York and beginning at an iron pipe found in
g.uuyt at the ao nhm
eanerly coer of Sedyc "a u the fn11i)tsw•uerty airmen of lands florc of
rct M. Dasignon, running from tlnena .ouch 12 dogrees, 22 minutes 30 seconds Went,
11900ofthe more
nnt in the northerly boundary ofthe lands JIMMOusly conveyed by
IM Vassto WilliamNowrnstern: thence North 88 degrees 32 minutes West
along said Wnhcrly boundary, 20 feet, more or less, to an iron pipe sd in the easterly bounds of
the premises first described herein (Lot 2). thence North 12 degrees 28 mimes 30 seconds West,
119.IS fact to an ion rod fount in the concrete at she aouthsw il, comer of
SeeJye Road; Thence North 89 dehmees and 2-1minutesEast, "el sing the sould;
herly end ofSetlye Road d; fat to the point or place ofbogioning.
Intending to describe a twenty (20) fool, plus or mious. right or way leading from the southerly
terminus of Sadye Road, to the nonhMy bounds of the lands how or formedy of Howenueirt
Also, an undivided one third idler" in all that eertar, Piece or parcel oftand sitwte, I ing and
being in tAc Town ofQucertsbury, Warren County. New York, to be owned as tenants in common
with the purehasem of lots 3 and 4 as Shawn on the aforesaid map each of whom shall also own
an undivided one third interest therein the same being snore pm;wlarly hounded and described u
WIO WS: l 40ftiag at an iron pipe found in the ground at the most southeasterly comer Of Seelye
Road at the somhwesterly comer of lands of Flounce M. Dasignon, Wmtiog from thence North
89 degrees- 13 minutes and 30 seconds East along a portion of the southerly bounds 11w af,
—
67.43 feet to an iron rod found in the ground, thence running North 89 degrees 38 minutes and 30
seconds East, still along the sense, to an iron pipe found in the ground near the shore of Lake
O
George: thence continuing the preceding course to the shore of Lake George. thence running
V
along the shore as the sense winds and turns in a southerly direction about 35 fact to a point for 4
miner, thence running South e9 degrees 29 minutes and 30 seconds West a shon distance to an
iron pipe set in the ground distant 35.03 feet at a bearing of South 01 degree and 46 nunutes West
i�
ev
ff m the above Itxtstioned iron pipe found in the ground near the shore of Lake George, thence
k
running South 89 degrees 29 minutes and 30 seconds West, 193.00 fat to an iron pipe set in the
ground in the easterty bounds ore proposed right of way, thence running North 12 degree% 28
mbwtes and 30 seconds Fast along the easterly bounds of the said proposed right of way. 35.92
far 10 the point Or place Of beginning, containing 0 153 of An sere of land, be the same more or
IcS3.
Intending to describe a thirty-five (35) root, plus or minus, strip Orland leading from the easterly
Side of the Aforemea diored Irv" (20) foot, plus or minas, right of way to the shares of take
George.
Also granting,to the party of the second pan a light to build one dock into the waters of Lake
George fran the cavcdY boundary of the above described thirty-five (35) (OK moue or less. strip
ofland robe used solely for personal rron-cgnmercial purposes Subjm, tawcser, ro sll
applicable laws and ordinances of the State of New vork and Other appliable sub-di"NOns
relating to the construction of doc)s. It is intended hereby that there shill be only one dock
emeMing from the thing -five (35) foot strip of land into the waters of Lake George, which dock
shallbe used in common with the owners of loss 2.3 and 4 with the owner of nth of said lots i
havktg the right to construct the dock or suck ooensiorts thereto es may be dewed ant pemW led.
Also- parties of the first past do hereby remise release and quitclaim umo the party of the wand
W. his heirs and assign forever, all their right, title and interest if say, in and 10 a certain rigk
of way described as follows, provided however that anything contained herein to the contrary
taswilksrarding, parties of the first pan make ra warranty of tide or right of user with respect
hereto; Beginning at a pinion Marking the wtnhnvaly coma of la 2 on the aforesaid map
running from thence North 12 degrees 28 minutes 30 Seconds Easy, $4. 19 feet to an von pipe foot
in the ground marking the nonhesel comer of the lands of Howendteut: thence Somh 88 degrero
32 minutes Eon, in the northerly line of lands of Howense in, 20 feel, more or less, to a point:
thence South 12 dtgrw 28 minutes 30 ascends Were 94.0 fen, nave or lea% to the nonherty
line of Lands now Or fa-woly Of W411aer's BAY Mrvt% Inc.: thence North 89 degrees 00 minutes
Wess along said northerly boundary. 20 n fat m the point or place of begirusistg
Subject to aL coverall" oondiumms remfkdoq, and easemmu of record.
Bwriegs rda no the rnagftdc meridan a of3uly, 1972.
Said prenuse4 are dmgrated On the tax map of the Town of
a Swim 16 Block I Lot 37.1 and 37.6. and County of Wafter
Parncb 1. 2 and 3 heing the same pran;ses m
Castaway Marina Acquisition Corp.ated edM by h Henry61N. And r end Bury A. Ht warren
jr Cnunly Clerk's OlTtce on MarcA 16, 1990 in L lone 87 of fJeeds a Page d� in she wartan
0
V PARCEL rV
ALL THAT TRACT OR PARCEL OF LAND shuste in the Town of Queensbury, eeunty of
tiW Warren end State of New York, kcated on the nerIft ly side of New York State WShway 9L
and more particularly bounded ON described m follows: Commencing ai a point m the eemq of
Nev, York Stare Highway, Route 9L a distance of four hundred thirty-two (432) feet west"
from the highwatcr mark of the warner Bay Portion of Lakc George, and r gging thence westerly
along the center fine 9f said Rourc 9L- a distance of one hundred fen (100) to a point; thence
nonherly a distance of Iwo hundred twenty-seven (227) feet to a point; thence easterly a distance
of one hundred ricer (100) 10 a Point, thence tawlbersy a distance of oft hundred ninety-one feet
(19i) to Ue point or pWce of (regimning. Be the aforcs4id dimensions more or kss.
Together with an casement of right of way over a grip Of land Inn (10) fen in width mening from the premises herein about t1mrtbed along the southerly line offends now, or formerly belonging
10 Alice Evelyn West aad emending to the shore of Lake Catorge.
EXCEPTING lands heretofore app.opfiw d by the State of New York for the congnucrion of
State Highway Rourc 9L and described as follows:
Commencing At an iron pin set in the northerly side of said Route 91, on
he
premises herein cony g the t to An irly tide in set
conveyed. and runnier thence $ et degrees 6' wean ors (Set roan iron pin rly in
the grow M. thence 5 21 degrees si' qg 47.90 feet to the center line of said 4L; thence easterly Along the center fine of said 9L 99 feet more a less to a point 41 60 fen south 23 degrees lu' E
from the place ofbaginning; thence N 23 degrees 10' W 41.60 fm to the point a place of
beginning.
Together with all the right. title and interest of the grantor, if arty, of_in and to any and ah strip,
and gores Orland adjacent and appurtenant 10, Or abutting the above described premises,
particularly the land between the State Highway and the southem boundary of the lards herein
comeyed
i
PARCEL V
ALL THAT PIECE OR PARCEL OF LAND, with the buildings situate thereon and being located
in Ilse Town ofQueemsbury, County of Warren and being located in a portion of Lot 42 athe p
French Mountain Tract, bounded and described as follows. Beginning on the west shore of (.7
warner Bay, lake George (alp knowo as racers wotn,,'s Bay) at the sovIbelo corner of the
lards taw or formerly of one King, said past of beginning being the center of twin elm trees, 14
inches in diameter. growing at the waters edge, running from thence N. 25' 40' W. along an old Ga
rail fnot and the southerly bounds of the lands now or formerly of the said Bing, 225.00 fort to N
an iron pin. thence S. 9.13' W. 119 24 feet to a po,m, which is the north west toner of the %7(
ssxvnd parcel Wand conveyed by Warsur'a Bay Marina, tnc, to Panric:ia 5. Brown by deed dated
July 31, 1967 and recorded in the Warren County Clerk's Office on October 31, 1%7 in Book
4" of Dwds as Page 45. thence S. $66 33' E. along the northerly line or the lands described in
Book of Deeds 488 at page 45 as ties fonh above 183 real more or less to ■ point in the westerly
shorn of Lake Cxorge and Warner's Bay; thence N. 25, $2' E_ along the shore of Lake George
end Warner's flay N. 16° 2T E. Ia.72 feet; thence continuing along the shore of Lake George and
Warnar s Bay 107,78 feel to the point or place of bcginrting.
Said premises are designated on the tax maps of the Town of QuacnsWq. County of WaTen as
Section 16 Block 1 Lot 38.
Parents 4 and 5 being the same premises conveyed by Castaway Marini, Inc., to Castaway Marina
Acquisition Corp. by deed dared March 16. 1990 and recorded in the Warren County Clait's
Office tin March 16, 1990 in Libo 787 of Deeds at Page 141.
—_ The party ofthe first pan does hereby give and grant unto the pony of the second part_ its
stucesprs and assigns_ the tight, piviJcge sad nsarne.g to be "creimd in and to the lands under
water hereinafter described, for the purgosa of constructing, using and ruiniining docks, finger
piers and appunenances for the docking rid storage of boats and for providing gas and a sewage
pumping station for boatt, to wit
All that parcel of land under the waters of Lake George in the Town of Quecnsbury, County of
W mM State of New York hounded and described as follows'.
Begu ring at the intersection of the division fine boween lands row or formerly of King on the
north and Warner's Bay Marina, Inc. on it' south with the mean low water line of Lake George,
said point bring 24 feet, more o less, easterly from a 14' twin elm trees located in said division
line; theme into the walers of We George and along the eztemon of sued division line, 205 feel.
more w less; thence southerly with an interior angle of go, With the last mentioned course, 199
feel, more W less; thence westerly with an interior angle of go, with the last mentioned course,
120 fat, more or less: thence ess"WesteNy with an interior Wgk of 166° 40 with the lace
mmtionad cQuasc, 56 Ices Tare or lets, to the before mentioned roan low "to tame, thence in a
gas" natharty direction AM along sad mean low wales line 190 feet, more a hay, to the poim
of baginmittg, coanining 33,620 aquve flat, more W lea
subject to JI covenama, Conditions and restrictions, of record.
Bens the Tame casancnt conveysd by Cutaway Marisa, lac„ 10 Castaway Marina Acquisition
Corp_ dated Mmah 1611990 and reeordod in the Warren Country Clcrk•s Office on May 2. 1"1
in Uber s22 of Deeds at Page 99.
This comtysrec is made and acecpted s bin to an indebtedness secured by a mortgage upon
ha said premises held by Henry N. Heym and Betty A. Tteyttk which mortgage was recorded in
pp Warren County Clerk's Office, on March 16, I990, in Book 632 of Mortgages at page 272, on
V which 'here's en unpaid P606Pd of One Whon Four HwMrd Four Thousand Two Hundred
Tlra and 431100 (51,404.20)A3) Dollars, with interesr from August 16. 199g, u the rare of
,.. Nine percent (9r/a) per annu n, which said mortgage debt the Partin of the second pare hereby
W assume end agree to pay, as pan of the purchase price of the above described premises, and the
a partlen of the second part hereby execute and acknowledge this Instrument for the purpose of
eanplying with the provisions of the General Obligations Law, Section 5-705.
This conveyance is ande with the consent of as of the shareholders of the grantor corporation.
Together with the appunctun es and an the estate and right, of the pony of he Erse Pan in Arad to
said premi.,
To hive and to told the premises herein granted onto the lushes of the Second pan, their hats
and assigns forever.
And the party of the first pan covenams as follow,:
First, that the party of the second part shag quietly ergoy the said premises;
Second. that the party Of the first part Will forme WARRANT the Title to Wd prenitts,
Third, WNW TO the stoat Clod provisions efseaion thirteen of the lien law.
SUBJECT to any and a0 outstanding real property tans.
IN WITNESS WHEREOF, the party of the first put has caused its oospmut, seal to be hereon,
affixed, and these preserus to he signed by its duly aulhori2ed officer the day and yw first above
written and the parties of the second pan have hereunto set their has and seal& ,
CASTA AY A NA, INC. -
In Rama Of
BY: = c " 1
I.
JEAN M. HOFFMAN, Resident
d D MARINA LLC
By: 471
STATE OF NEW YORK )
COUNTY OF5,4114 riit),SS.:
r
��E�
Oh this i i daY y. 1993 before nit personally came jean M. Hoffman tome
personally known, who, being by did
kp"
—duty sworn, depose and say that she resides in Clifton
Park, New York; that she is the President of Castaway Marin , Inc., the corporation described in,
t
and which axeaned. the withal IasVumms_ that she k,rows the seal of said <orptxadpn; that the
S'-
SW O iaed to said Insmantnf is such COMOMc scat; that n was so of zod by order of Ibe Board
of Directors of sad carpmatioru_ and that she sighed her name thereto by like order.
, V
Notary Public ,loHmw *ASwR
STATE OF NEW YORK) New, Yaar2 sum W Herr Yark
COUNTY OF SARATOG45S.: ¢aahtroa m ANa caunrY
On tht 19 ch day of August, 199t, due undtssigncd, a notary public in and for said state,
personally appeared JOHN P..h1ATTHEHS , personally known to me or proud to
me on the basis of satisfactory evtdeurce to be the fodividual wht osrnc is subscribed to the
within insttummt and aeknowiedged to me that helshe eaec&ned the same in his/her capacity, and
that by Nslher signuwe on the insvwnem, fhe indivi %ML a the person upon behalf of w11ich the
udividurd acted, culcuted the inatrt+snetR.
A a$A i.4e
Notary Public
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