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Deed WARREN COUNTY PAMELA J. VOGEL --. COUNTY CLWUM!!'-- 3441TPA000124i'4 E.' X220 Lake George, NY 12845 ¢ry so zoo?000i za3s Instrument Number: 2007-00012339 As Recorded On: December 11,2007 Deed Commercial Parties: WARREN AND WASHINGTON COUNTIES IDA To HWP DEVELOPMENT LLC Billable Pages: 5 Recorded By: LEMERY GREISLER Num Of Pages: 6 Comment: * Examined and Charged as Follows: ** Deed Commerclal 40.00 Cover Page 5.00 RP-5217 Commercial 165.00 TP-584 5.00 Recording Charge: 215.00 Consideration Amount Amount RS#/CS# Transfer Tax 0.00 0.00 TT 1175 Basic 0.00 QUEENSBURY Special Additional 0.00 Additional 0,00 Transfer 0.00 Tax Charge: 0.00 RECORDED County Clerks Office Dec 11x2007 03:34P Pamela J. Vogel Varren County Clerk **THIS PAGE IS PART OF THE INSTRUMENT"* I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY File Information: Record and Return To: Document Number: 2007-00012339 LEMERY GREISLER Receipt Number: 56173 50 BEAVER ST Recorded Date/Time: December 11, 2007 03:39:24P ATTN CHARLES B DUMAS Book-Val/Pg: Bk-RP VI-3441 Pg-220 ALBANY NY 12207 Cashier/Station: S Deak / Cash Station 3 - i- <r,ordlReturn to, r ; niwy Greisier LLC i~ic: DOCUMENT; 00012339 VOLUME: 3441 PAGE: 222 TO HAVE AND TO HOLD the premises granted by this Bargain and Sale Deed unto the Grantee and his assigns forever. AND THE GRANTOR COVENANTS as follows: FIRST: That the Grantor has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. SECOND: That this conveyance is made subject to the trust fund provisions of section thirteen of the lien law. IN WITNESS OF THIS CONVEYANCE,Grantor has executed this BARGAIN AND SALE DEED on the deed date stated above. IN PRESENCE OF COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT AGENCY L.S. Y• t ) Thomas L.Hoy>r a Chairman STATE OF NEW YORK ) } ss.. COUNTY OF WARREN ) On the 97 day of November in the year 2007,before me,the undersigned,personally appeared Thomas L.Hoy,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the in t. Notary Pu ?AELA J.BURNS Notary Public,State of New York No.4703197 Qualified in warn u nty Commission Expires `7-aO� __ DOCUMENTS 00012339 VOLUME: 3441 PAGE: 223 Schedule"A"Descri tion All that piece or parcel of land,together with the buildings and improvements thereon,located in the Town of Queensbury,Warren County,New York,and more particularly bounded and described as follows: Those premises lying west of N.Y.-U.S.Route 9,east of Interstate Route 502-3-2.1,and described as follows: Beginning at an iron pipe driven in the ground on the westerly side of N.Y.-U.S. Route 9, which iron pipe islocated at a point formed by the intersection of the westerly margin of N.Y.-U.S. Route 9,the southeasterly corner of the premises herein described and the northeasterly corner of the parcel of land conveyed by Charles R.Wood to Meadow Run Development Corporation(476/308);running thence south 18° 22'east 52.53 feet to an iron pipe;running thence south 7° 3'east 25.44 feet to an iron pipe; running thence south 46° 12'west 85.59 feet through a metal fence post and thence along a wiremesh fence to another metal fence post;running thence north 44°28'west 25.41 feet to an iron pipe;running thence south 661 52'west 160.28 feet to an iron pipe;running thence south 11°47'east 21.60 feet to an iron pipe,which iron pipe lies easterly of a well driven in the ground and westerly of a one-story frame dormitory;running thence south 831 57'west 251.73 feet to an iron pipe in the easterly side of said Interstate 502-3-2.1;running thence north 33°47'west 254.64 feet to a triangular concrete monument; running thence north 31" 18'west 398.05 feet to lands now or formerly of David J. Kenny(676/540); running thence along the said lands of Kenny North 80° 14'East,a distance of 250.53' to an iron pipe; thence along the lands now or formerly of Attractions Land,Inc. (635/444)North 801 14'East a distance of 127.92 feet to the westerly margin of N.Y.-U.S. Route 9;thence along the westerly margin of N.Y.- U.S. Route 9 the following two courses and distances: South 43°49'East 69.97 feet to a concrete monument and South 48° 33'East 508.00 feet to the point and place of beginning. i Schedule"B"Description PARCEL I All that certain parcel of land,together with improvements thereon, situate in the Town of Queensbury,Warren County,New York,located on the westerly side of N.Y.-U.S.Route#9,and approximately 2000 feet southerly of Glen Lake Road,in said Town and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of Route#9,and which point is the southeast corner of those premises,conveyed by Robert D. Holtz,by Will,to Phyllis Holtz and recorded on August 11, 1972,in Book 555 of Deeds at page 287 and which point of beginning is also the northeast comer of those premises conveyed by Charles R. Wood to Meadow Run Development Corp.by Deed dated May 15, 1966 and recorded in Book 476 of Deeds at page 308;running THENCE South-52 degrees-09- minutes-East,along the westerly bounds of Route#9,for a distance of 201.00 feet to an angle point therein;THENCE South-46-degrees-56-minutes-East,for a distance of 115.12 feet;THENCE the following 3 courses and distances along a boundary line,as set forth in a Boundary Agreement,dated Dec. 3, 1996,between Storytown USA, Inc. and Meadow Run Development Corp. and which Agreement is recorded in Book 1002 of Deeds at Page 179, Viz: 1 .South-47-degrees-06-minutes-West, 515.41 feet; DOCUMENT- 00012339 VOLUME= 3441 WAGE- 224 2.North-42-degrees-54-minutes-West,92.07 feet; 3. South-69-degrees-28-minutes-West, 80.94 feet,to the easterly line of Interstate Route#87, a/k/a The "Northway"; Said 3 courses, as described in the above mentioned "Agreement" are related to the Magnetic Meridian, whereas the bearings in this description are related to the True North meridian;running THENCE North- 33-degrees-09-minutes-West along said Northway,for a distance of 194.60 feet to a concrete monument marking an angle point in said Northway line: THENCE North-33-degrees-l3-minutes-West,along said Northway for a distance of 144.90 feet to the southwest corner of said lands of Holtz: THENCE the following 7 courses and distances along the southerly line of said lands of Holtz: Viz: 1.North-83-degrees-57-minutes-East,-251.73 feet; 2.North-11-degrees-47-minutes-West,-21.60 feet; 3.North-66-degrees-52-minutes-East,- 160.28 feet; 4. South-44-degrees-28-minutes-East,-25.41 feet; 5.North-46-degrees-12-minutes-East,- 85.59 feet; 6.North-7-degrees-03-minutes-West,-25.44 feet; 7.North-l8-degrees-22-minutes-West,-52.53 feet to the place of beginning. Lg9) PARCEL 2 ALL that certain parcel of land,together with improvements thereon,situate in the Town of Queensbury,Warren County,New York,located westerly of New York U.S. Route 9 and bounded and described as follows: Commencing at a point where the northerly boundary of the former William Griffen Farm meets the southwesterly boundary of N.Y.-U.S. Route 9 and running thence westerly along the northerly bounds of the former Griffen Farm 128 feet more or less to the southeast corner of lands now or formerly owned by David Kenny;thence running northerly along said lands of Kenny a distance of 192 feet more or less to a point in the southwesterly bounds of said Route 9;thence running southeasterly along the bounds of said Route 9 a distance of 220 feet more or less to the point or place of beginning. Cc4?. WHICH PREMISES ARE MORE MODERNLYDES CRLBED AS FOLLOWS: Schedule°C" Perimeter Descriution All that tract or parcel of land situate in the Town of Queensbury,Warren County,New York bounded and described as follows: Beginning at a point on the westerly line of N.Y.S. Route 9 at the point of intersection formed by the lands herein described on the northwest and the lands now or formerly of the Great Escape Theme Park, LLC(1021/283)on the southeast;thence along the northwesterly line of said lands of Great Escape Theme Park,LLC the following three courses and distances: DOCUMENT-: 00012339 VOLUME: 34--4x1 PAGE: 225 S 460 50'32"W,515.41 feet to a point; N 43° 09' 28"W,92.07 feet to a point; S 690 12' 32"W, 80.94 feet to a point; thence along the easterly line of Interstate Route 87,a/k/a"The Northway",the following four courses: N 340 17' 16"W, 195.56 feet to a point; N 320 16'47"W, 143.99 feet to a point; N 33° 56' 04"W, 254.18 feet to a point; N 310 18' 20"W, 397.28 feet to a 3-corner concrete monument found; thence along the southerly line of lands now or formerly of Great Escape Theme Park,LLC(1116/47)N 800 14' 53"E 250.53 feet to a 3/4" iron pipe found and N 09134' 07"W, 191.73 feet to a 3/a" iron pipe found; thence along the westerly line of said N.Y.S.Route 9,the following three courses: S 43° 18' 26" E,299.69 feet to a 4" square concrete monument found; S 480 35' 38"E, 506.41 feet to a point; S 540 00'47" E,203.98 feet to a point; S 470 11' 28" E, 115.12 feet to the point of beginning. Containing 10.757 acres of land. All distances are level and all bearings are based on Magnetic North 1999. TOGETHER WITH AND SUBJECT to all enforceable covenants, easements,restrictions,and conditions of record. Being the same premises described in a deed from HWP Development,LLC to The Counties of Warren and Washington Industrial Development Agency dated December 28,2004 and recorded in the Warren County Clerk's Office on January 27,2005 in Book 1429 of Deeds at Page 104. TOGETHER WITH a permanent easement for vehicular ingress and egress from N.Y.S. Route 9 across the adjacent lands now or formerly of Great Escape Theme Park, LLC (1118/289, 1116/47, 1021/283, and 1118/292) to the above-described premises, pursuant to that certain Reciprocal Easement Agreement dated September 4, 2007, by and among Counties of Warren and Washington Industrial Development Agency, HWP Development, LLC and Great Escape Theme Park, LLC, recorded in the.Warren County Clerk's Office on September 12, 2007 in Book 3373 of Deeds at page 300.