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«ENVIRONMENTAL EASEMENT GRANTED PURSUANT TO ARTICLE 71, TITLE 36 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW ~ TIDS INDENTURE made this 22 ...»

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9. Extinguishment. This Environmental Easement may be extinguished only by a release by the Commissioner of the New York State Department of Environmental Conservation, or the Commissioner's Des ignee, and filed with the office of the recording officer for the county or counties where the Property is situated in the manner prescribed by Article 9 of the Real Property Law.

Joint Obligation. If there are two or more parties identified as Grantor herein, the 10.

obl igations imposed by this instrument upon them shall be joint and several.

IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its name.

–  –  –

THIS ENVIRONMENTAL EASEMENT IS HEREBY ACCEPTED BY THE

PEOPLE OF THE STATE OF NEW YORK, Acting By and Through the Department of Environmental Conservation as Designee of the Commissioner,

–  –  –

David J. Chiusano Notary Public, State of New York No. 01CH50S2146 Qualified in Schenectady CountVf) Commission Expires August 22, 20.1..£

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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Union, County of Broome, State of New York, being a portion of the property now or formerly of International Business Machines Corporation describe d in L. 445 P. 291 as recorded in the Broome County Clerk's

Office on February 15, 1935 (TM# 126. 18-1-20), bounded and described as follows:

BEGINNING at a 5/8 inch rebar capped " KEYSTONE BING NY" (KEYSTONE capped rebar) on the westerly boundary of Robinson Hill Road at its intersection with the division line between the property now or formerly of Binghamton Country Club per L. 302 P. 432 (TM# 142.06-2-3) on the south and International Business Machines Corporation (I BM) per L. 445 P.

29 1 (TM# 126.18-1-20) on the north;

RUNNING THENCE S86 °13' I O"W along said division line, a distance of 1102.57 feet to a 3/4

inch rebar; thence through said IBM the following five (5) courses and distances:

I) N 16 ° I I'56"E, a distance of 457.00 feet to a 3/4 inch rebar;

2) N26°46'43" E, a distance of 191.00 feet to a 3/4 inch rebar;

3) N58°30'47"E, a distance of 260.00 feet to a 3/4 inch rebar;

4) N80°26' I9" E, a distance of 271.00 feet to a 3/4 inch rebar;

5) S89°43'09" E, a distance of 347.00 feet to a 3/4 inch rebar at its intersection with said westerly boundary of Robinson Hill Road ; thence a long said Robinson Hill Road the following

two (2) courses and distances:

I) On a curve to the left having a radius of 939.50 feet, an arc length of 177.04 feet to a point, the last mentioned curve being subtended by a chord having a bearing of S00°0 I' I 3"W and a length of 176.78 feet;

2) S05 °22'42"E, a distance of 541.39 feet to the POINT OF BEGINNING.

The above described parcel contains 679, I 26 square feet or 15.591 acres, more or less.

The above described parcel is subject to an easement granted to New York Telephone Company as recorded in the Broome County Clerk's Office in L. 490 P. 404.

The above describe d parcel is subject to any and all easements of record and/or as fo und in the fie ld.

Within the above-described tract or parcel of land consisting of 15.591 acres there is another area of land cleaned pursuant to a "Track 4" cleanup as defined by 6 NYCRR 375-l.8(g), which

is described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Union, County of Broome, State of New York, being a portion of the property now or formerly of International Business Machines Corporation described in L. 445 P. 291 as recorded in the Broom County Clerk's

Office on February 15, 1935 (TM# 126. 18- 1-20) bounded and described as follows:

COMMENCING, at a 5/8 inch rebar on the westerly boundary of Robinson Hill Road at its intersection with the dvision line betwee n the property now or formerly of Binghamton County Club per L. 302 P. 432 (TM# 142.06-2-3) on the south and International Business Corporation (IBM) pe r L. 445 P. 291 (TM#l 26. 18- 1-20 on the north; thence N79°23'05"W t hrough said IBM, a distance of 362.51 feet to a bollard;

Environmental Easement Page 9 County: Broome Site No: C704044 Brownfield Cleanup Agreement Index: 8 7-066 1-04-05

RUNNING THENCE through said IBM the following ten (I 0) courses and distances:

I) N89°50'45"W, a distance of 174.79 feet to a bollard;

2) N89°5 I'25"W, a distance of 175.65 feet to a bollard;

3) N00°06'49"E, a distance of 134.44 feet to a bollard;

4) N00°2 I'33"E, a distance of 134.29 feet to a bollard;

5) N89°52'05"E, a distance of I 19.56 feet to a bollard;

6) SO I 009'29"E, a distance of 21.18 feet to a bollard;

7) N89°49'03"E, a distance of I 13.71 feet to a bollard;

8) S89°36'57"E, a distance of 116.83 feet to a bollard;

9) S00°06' 11 "W, a distance of 124.37 feet to a bollard;

I 0) S00°26'53"W, a distance of 124.30 feet to the POINT OF BEGINNING.

The above described parcel contains 89,752 square feet or 2.060 acres, more or less.

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