Preview
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
EXHIBIT 1
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
HERKIMER COUNTY - STATE OFNEW YORK
. ,. SYLVIAM.ROWANCOUNTYCLERK
109MARYSTREET,SUITE1111,HERKlMER,NY13350-2923
COUNTYCLERK'SRECORDINGPAGE
***THISPAGEISPARTOFTHEDOCUMENT-DONOTDETACH***
Recording:
Cover Page 5.00
Fee
II 111111111 Recording
Cultural
50.00
Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
TP584 5.00
INSTRUMENT #: RP2020-3096 Notice of Transfer of Sal 10.00
RP5217 - 9.00
County
RPS217 All others - State 241.00
Receipt#: 454331
Clerk: KS
Rec Date: 07/31/2020 10:36:10 AM Sub Total: 340.00
Doc Grp: RP
Descrip: DEED Transfer Tax
Transfer Tax - State 3760.00
Num Pgs: 7
Rec'd Frm: LEATHERSTOCKING ABSTRACT AND
TITLE CORP Sub Total: 3760.00
Party1: BAKER JAMES P
Party2: FORGED HOLDINGS LLC Total: 4100.00
**** NOTICE: THIS ****
Town: WEBB T/O IS NOT A BILL
***** *****
Transfer Tax
Transfer Tax #: 2120
Transfer Tax
Transfer Tax - State 3760.00
Total: 3760.00
WARNING***
I hereby certify that the within and foregoing was recorded in the
Record and Return To: Herkimer County Clerk's Office, State of New York.
This sheet constitutes the Clerks endorsement required by Section
316 of the Real Property Law of the State of New York.
RAPKE LAW FIRM
PO BOX 928
Sylv a
320 N GEORGE ST
.Coun y Clerk
ROME NY 13442
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
WARRANTY DEED
THIS INDENTURE, made the day of 2020, between
James P. Baker and Robin A. Baker, with an address of 123 South Shore Road, Old Forge, New York 13420,
party of the first part, and
Forged Holdings, LLC, a New York Limited Liability Company, with an address of 6068 S. Jamaica Ct.,
Centennial, Colorado 80111, party of the second part,
WITNESSETH, that the party of the first part, in consideration of One and NO/100 dollars ($1.00)
lawful money of the United States and other good and valuable consideration by the party of the second
paid part,
does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the
second part forever,
ALL that certain plot, piece or parcel of land in the Town of Webb, County of Herkimer, State of New York
conveyed by Joan H. Morgan and Wayne Morgan a/k/a Wayne R. Morgan to James P. Baker and Robin A. Baker by
deed dated December 5, 2008 recorded in the Herkimer County Clerk's Office on December 18, 2008 as instrument
No. 2008-00148814, and being more particularly described as follows:
SEE SCHEDULE A, attached hereto and made a part hereof.
A more modern description thereof being attached hereto and made a part hereof as SCHEDULE B.
SUB JECT to all covenants, easements, restrictions and agreements of record, if any, and any state of facts
an accurate survey may show.
TOGETHER with all right, title and interest, if any, of the parties of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights ofthe parties of the first part in and to said
premises,
TO HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forevei·.
AND the party of the first part covenants as follows:
FIRST. That the party of the second part shall quietly enjoy the said premises;
SECOND. That said party of the first part will forever warrant the title to said premises, excepting that
Parcel B on Schedule A, attached hereto which is conveyed by quit claim only as stated therein.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first
to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
"party" "parties"
The word shall be construed as if it read whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first
above written.
Ja s P. Baker
Robin A. Baker
IN PRESENCE OF:
STATE OF NEW O ) ss.:
COUNTY OF 6 )
On the 2RNay of in the year 2020, before me, the undersigned, personally appeared
James P. Baker and Robin A. Baker, pernally known to me or proved to me on the basis of satisfactory evidence
to be the individual(s) whose na re) subscribed
s to the within instrument and acknowledged to me that they
executed the same in their aci ie , and that by their signature(s) on the instrument, the individual(s), or the
person upon behalf of ich th nd idu ) acted, executed the instrument.
AMY L. SMITH
e ( Notary PuMic, State Of New York
(signature and offi e of individual taking acknowledgment) No. 02SM5072996
Oualified In Essex Countyy$
CommissionExpires February 10,
-2-
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
SCHEDULE A
Pine Knoll Motel
PARCEL A
ALL THAT LOT OR PARCEL OF LAND situate, lying and being in the Town of Webb,
so called, and bounded and
Herkimer County, New York, being part of the "Old Forge Tract",
described as follows, viz: - Beginning at a post at the intersection of the Easterly line of the rail
road at Old Forge with the south shore of the pond; thence easterly measured at right angles with
½° W. 215.6 feet to the
said railroad line, along the shore of said pond 100 feet; thence S. 40
center of Little Moose Road; thence westerly along said Little Moose Road to the southerly line
½°
of said railroad land; thence N. 40 E. along said railroad line 249 ½ feet to the place of
beginning, containing more or less land.
Being further described as part of Lot Number One (1), Old Forge, north of Little Moose
Road, as shown on the Thistlethwaite revision map dated May 18, 1911 and filed in the
Herkimer County Clerk's Office on July 3, 191 1.
This conveyance is made subject to reservation of record of a right-of-way six (6) feet in
width to be used for a passage way across the said premises near the water front on Forge Pond.
SUBJECT TO a Right-Of-Way Easement for the Old Forge Sewer System given to the
Town of Webb by document dated July 28, 1962 and recorded September 26, 1962 in the
Herkimer County Clerk's Office in Book 559 of Deeds page 33.
SUBJECT TO all covenants, restrictions, conditions, easements and rights of way of
record.
PARCEL S
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town of
Webb, Herkimer County, New York in Township No. 7, John Brown's Tract, being part of the
"Old Forge Tract", so-called, and bounded and described as follows: Beginning at the northern
most corner of premises owned by the grantors herein, also being the location at one time of a
post at the intersection of the easterly line of the former railroad property at Old Forge with the
south shore of the pond as it existed in 191 I; thence easterly measured at right angles with said
former railroad line as it existed in 191 1, along the shore of said pond 100± feet; thence North
40½ deg. East (191 1 bearings) 100 feet to a point in Old Forge Lake; thence at an interior angle
of 90 deg. To the lest in a northwesterly direction 100± feet to a point in said lake which is also
on a point along the northwesterly line of premises of grantors extended; thence South 40½ deg.
West 100± feet to the point and place of beginning.
The above premises being as shown as a lot formerly owned by George Miller on the
Map of the Thistlethwaite Revision of the Allotment of the Old Forge Company's Lands, dated
May 18, 191 1 by Howard C. Weller, filed in the Herkimer County Clerk's Office on July 3,
1911.
Being a part of the premises conveyed to Arthur Richard Cohen by Executor's Deed
dated January 23, 1973, recorded March 7, 1973 in the Office of the Herkimer County Clerk in
Book 626 of Deeds at page 666.
I of 2
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
conveyed to Kearnan F. Aldrich and Albena H. Aldrich by deed
Being the same premises
in the Herkimer Clerk's office on October 24,
dated October 23, 1979 and recorded County
1979 in Book 667 of Deeds at page 995.
With reference to the premises hereinbefore described as Parcel B, the parties of the first
part do not warrant the title thereto but do, by this instrument, quit claim and release to the party
of the second part all their right, title and interest in Parcel B.
PARCEL C
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in and being a part of
lands formerly owned by Fulton Chain Railroad Company in the Forge Tract, Township 7, John
Brown's Tract, Town of Webb, County of Herkimer, State of New York and being bounded and
described as follows:
Beginning at a point on the northerly line of the Little Moose Road (County Highway)
York"
and the most westerly corner of Lot 1, Block 27, as shown on "Map of Old Forge, New by
H. C. Weller, dated May 1, 1913;
25'
Thence westerly, along the northerly line of the Little Moose Road, 25.6'± to a point
northwesterly, measured at a right angle from the northwesterly line of said Lot 1, Block 27;
25'
Thence N. 40 deg. 00 min. E., parallel with and at all points northwesterly from the
said northwesterly line of Lot 1, Block 27, 208'± to a point on the southwesterly side of a drive
leading to Rivette's Boat Livery;
25.0'
. Thence S. 50 deg. E., to the northwesterly line of Lot 1, Block 27;
Thence S. 40 deg. 00 min. W., along the said northwesterly line of Lot 1, Block 27,
202.4'± to the point and place of beginning as shown on "Map of Location of Improvements Lot
Forge,"
I - Block 27 - Old by D.G. Hollister, dated August 10, 2004, amended March 30, 2005.
No buildings shall be built upon this parcel.
Subject to all easements, reservations, restrictions and covenants of record.
BEING the same premises conveyed to Grantors by Deed in Lieu of Foreclosure by Lytle H.
Stackhouse and Casey L. Stackhouse and William T. and Sarah C. Stackhouse dated August 29,
2008 and recorded September 4, 2008 in the Herkimer County Clerk's Office as Instrument
Number 2008-00146700.
ALSO BEING the same premises conveyed by Joan H. Morgan and Wayne R.
Morgan to James P. Baker and Robin A. Baker deed dated December
by 5, 2008
recorded in the Herkimer Cler7's Office on December
County 18, 2008 as
Instrument Number "grantors"
2008-00148814 and all references to in the
description to Parcel B above are to Joan H. Morgan and Wayne R. Morgan in
that instrument.
2 of 2
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
SCHEDULE B
ALL THOSE PREMISES described and conveyed in SCHEDULE A, hereof, being more modernly
described as surveyed by William D. Hollister P.L.S. #050665 on June 30, 2020 for proposed conveyance
by James P. Baker and Robin A. Baker:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE in and being in the Hamlet of Old
Forge, Township 7, John Brown's Tract, Town of Webb, Herkimer County, State of New York, and being
"A" "C"
Parcel and in a deed from Joan H. Morgan and Wayne Morgan a/k/a Wayne R. Morgan to James
P. Baker and Robin A. Baker dated December 5, 2008 as filed in the Herkimer County Clerk's Office on
December 18, 2008 as Instrument Number 2008-00148814, and being more particularly bounded and
described as follows:
Beginning at the intersection of the northerly boundary of Little Moose Road, and the easterly boundary of
a parcel of land formerly owned by Fulton Chain Railroad Co. Said point marked by an iron spike line-
5.2'
marker set southerly of said corner;
25.6'
Thence northwesterly, along the northerly boundary of Little Moose Road, more or less, to a point.
½" 3.2' 25'
Said point marked by a re-rod line-marker set southerly of said point and more or less, from the
present centerline surface of Little Moose Road;
25'
Thence N. 40 deg. 00 min. E., along a line westerly and parallel to said former Fulton Chain Railroad
208.7'
Co. boundary, to an iron spike;
25'
Thence S. 50 deg. E., to the easterly boundary of said Fulton Chain Railroad Co. Said point marked by
1-2"
a re-rod;
40.8' ½"
Thence N. 40 deg. 00 min. E., along the easterly boundary of said Fulton Chain Railroad Co., to a
1.2'
re-rod line-marker set more or less, from the southerly shore of Old Forge Lake at high water mark;
1.2'
Thence N. 40 deg. 00 min. E., on a continuation of the same line, more or less, to the southerly shore
of Old Forge Lake at high water mark;
102'
Thence southeasterly, along southerly shore of Old Forge Lake at high water mark, more or less, to
the easterly boundary of Lot 1 in Block 27;
5'
Thence S. 40 deg. 00 min. W., along the easterly boundary of Lot I in Block 27, more or less, to a PK
Nail in the north edge of pavement;
14.6' ½"
Thence S. 40 deg. 00 min. W., on a continuation of the same line, to a re-rod;
179.9'
Thence S. 40 deg. 00 min. W., on a continuation
of the same line, more or less, to the northerly
½" 2.7'
boundary of Little Moose Said point marked by a
Road. re-rod line-marker found southerly of said
25'
corner and more or less, from the centerline surface of Little Moose Road;
103'
Thence northwesterly, along the northerly
boundary of said Little Moose Road, more or less, to the
"
point and place of beginning,
containing 27,378.3 square feet of lands more or less, as shown on Map of
- - Forge"
Proposed Conveyance of Lands of James P. Baker Lot 1 Block 27 Old by William D. Hollister
dated June 30, 2020 and Amended July 14, 2020.
A"
The portion of the above described premises which were formerly described as "Parcel is subject to a
right-of-way six (6) feet in width to be used for a passage way across said premises near the water front on
Forge Pond, a right-of-way easement for the old Forge Sewer System given to the Town of Webb by
document dated July 28, 1962 and recorded September 26, 1962 in the Herkimer County Clerk's Office in
Book 559 of Deeds at Page 33 and to all covenants, restrictions, conditions, easements and rights of way of
record.
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022
C"
The portion of the above described premises which were formerly described as "Parcel is subject to a
covenant that no buildings shall be built upon this parcel and to all easements, reservations, restrictions and
covenants of record.
ALSO, by quit claim only, ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE in and
being in the Hamlet of Old Forge Township 7, John Brown's Tract, Town of Webb, Herkimer County,
"B"
State of New York, and being more particularly Parcel in a deed from Joan H. Morgan and Wayne
Morgan a/k/a Wayne R. Morgan to James P. Baker and Robin A. Baker dated December 5, 2008 as filed in
the Herkimer County Clerk's Office on December 18, 2008 as Instrument Number 2008-00148814, and
being more particularly bounded and described as follows:
Beginning at the intersection of the southerly shore of Old Forge Lake, and the easterly boundary of a
½"
parcel of land formerly owned by Fulton Chain Railroad Co. Said point marked by a re-rod line-marker
1.2'
set more or less, from the southerly shore of Old Forge Lake at high water mark;
79.2'
Thence N. 40 deg. 00 min. E., along the easterly boundary of said former Fulton Chain Railroad Co.,
to a point;
100'
Thence S. 50 deg. 00 min. E., at a right angle to the said Fulton Chain Railroad Co. boundary, to the
northerly extension of the easterly boundary of Lot 1 in Block 27;
Thence S. 40 deg. 00 min. W., along the northerly extension of the easterly boundary of Lot 1 in Block 27,
100'
more or less, to the southerly shore of Old Forge Lake at high water mark;
102'
Thence northwesterly, along the southerly shore of Old Forge Lake at high water mark, more or less,
to the point and place of beginning, "
containing 8,868.7 square feet of land more or less, as shown on Map
of Proposed of Lands of James P. Baker Lot I - - Forge"
Conveyance Block 27 Old by William D.
Hollister dated June 30, 2020 and Amended July 14, 2020.
"B"
The parties of the first part herein do not warrant title to SAID PARCEL but do by this instrument quit
claim and release to the party of the second part all their right, title and interest in said Parcel "B".
SUBJECT TO AND EXCEPTING any part of the above described parcels which may fall within the right
of way of Little Moose Road.
SUBJECT TO all easements, reservations, restrictions and covenants of record.
Preview
FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 EXHIBIT 1 FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 HERKIMER COUNTY - STATE OFNEW YORK . ,. SYLVIAM.ROWANCOUNTYCLERK 109MARYSTREET,SUITE1111,HERKlMER,NY13350-2923 COUNTYCLERK'SRECORDINGPAGE ***THISPAGEISPARTOFTHEDOCUMENT-DONOTDETACH*** Recording: Cover Page 5.00 Fee II 111111111 Recording Cultural 50.00 Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 TP584 5.00 INSTRUMENT #: RP2020-3096 Notice of Transfer of Sal 10.00 RP5217 - 9.00 County RPS217 All others - State 241.00 Receipt#: 454331 Clerk: KS Rec Date: 07/31/2020 10:36:10 AM Sub Total: 340.00 Doc Grp: RP Descrip: DEED Transfer Tax Transfer Tax - State 3760.00 Num Pgs: 7 Rec'd Frm: LEATHERSTOCKING ABSTRACT AND TITLE CORP Sub Total: 3760.00 Party1: BAKER JAMES P Party2: FORGED HOLDINGS LLC Total: 4100.00 **** NOTICE: THIS **** Town: WEBB T/O IS NOT A BILL ***** ***** Transfer Tax Transfer Tax #: 2120 Transfer Tax Transfer Tax - State 3760.00 Total: 3760.00 WARNING*** I hereby certify that the within and foregoing was recorded in the Record and Return To: Herkimer County Clerk's Office, State of New York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. RAPKE LAW FIRM PO BOX 928 Sylv a 320 N GEORGE ST .Coun y Clerk ROME NY 13442 FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 WARRANTY DEED THIS INDENTURE, made the day of 2020, between James P. Baker and Robin A. Baker, with an address of 123 South Shore Road, Old Forge, New York 13420, party of the first part, and Forged Holdings, LLC, a New York Limited Liability Company, with an address of 6068 S. Jamaica Ct., Centennial, Colorado 80111, party of the second part, WITNESSETH, that the party of the first part, in consideration of One and NO/100 dollars ($1.00) lawful money of the United States and other good and valuable consideration by the party of the second paid part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land in the Town of Webb, County of Herkimer, State of New York conveyed by Joan H. Morgan and Wayne Morgan a/k/a Wayne R. Morgan to James P. Baker and Robin A. Baker by deed dated December 5, 2008 recorded in the Herkimer County Clerk's Office on December 18, 2008 as instrument No. 2008-00148814, and being more particularly described as follows: SEE SCHEDULE A, attached hereto and made a part hereof. A more modern description thereof being attached hereto and made a part hereof as SCHEDULE B. SUB JECT to all covenants, easements, restrictions and agreements of record, if any, and any state of facts an accurate survey may show. TOGETHER with all right, title and interest, if any, of the parties of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights ofthe parties of the first part in and to said premises, TO HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forevei·. AND the party of the first part covenants as follows: FIRST. That the party of the second part shall quietly enjoy the said premises; SECOND. That said party of the first part will forever warrant the title to said premises, excepting that Parcel B on Schedule A, attached hereto which is conveyed by quit claim only as stated therein. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 "party" "parties" The word shall be construed as if it read whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Ja s P. Baker Robin A. Baker IN PRESENCE OF: STATE OF NEW O ) ss.: COUNTY OF 6 ) On the 2RNay of in the year 2020, before me, the undersigned, personally appeared James P. Baker and Robin A. Baker, pernally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose na re) subscribed s to the within instrument and acknowledged to me that they executed the same in their aci ie , and that by their signature(s) on the instrument, the individual(s), or the person upon behalf of ich th nd idu ) acted, executed the instrument. AMY L. SMITH e ( Notary PuMic, State Of New York (signature and offi e of individual taking acknowledgment) No. 02SM5072996 Oualified In Essex Countyy$ CommissionExpires February 10, -2- FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 SCHEDULE A Pine Knoll Motel PARCEL A ALL THAT LOT OR PARCEL OF LAND situate, lying and being in the Town of Webb, so called, and bounded and Herkimer County, New York, being part of the "Old Forge Tract", described as follows, viz: - Beginning at a post at the intersection of the Easterly line of the rail road at Old Forge with the south shore of the pond; thence easterly measured at right angles with ½° W. 215.6 feet to the said railroad line, along the shore of said pond 100 feet; thence S. 40 center of Little Moose Road; thence westerly along said Little Moose Road to the southerly line ½° of said railroad land; thence N. 40 E. along said railroad line 249 ½ feet to the place of beginning, containing more or less land. Being further described as part of Lot Number One (1), Old Forge, north of Little Moose Road, as shown on the Thistlethwaite revision map dated May 18, 1911 and filed in the Herkimer County Clerk's Office on July 3, 191 1. This conveyance is made subject to reservation of record of a right-of-way six (6) feet in width to be used for a passage way across the said premises near the water front on Forge Pond. SUBJECT TO a Right-Of-Way Easement for the Old Forge Sewer System given to the Town of Webb by document dated July 28, 1962 and recorded September 26, 1962 in the Herkimer County Clerk's Office in Book 559 of Deeds page 33. SUBJECT TO all covenants, restrictions, conditions, easements and rights of way of record. PARCEL S ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town of Webb, Herkimer County, New York in Township No. 7, John Brown's Tract, being part of the "Old Forge Tract", so-called, and bounded and described as follows: Beginning at the northern most corner of premises owned by the grantors herein, also being the location at one time of a post at the intersection of the easterly line of the former railroad property at Old Forge with the south shore of the pond as it existed in 191 I; thence easterly measured at right angles with said former railroad line as it existed in 191 1, along the shore of said pond 100± feet; thence North 40½ deg. East (191 1 bearings) 100 feet to a point in Old Forge Lake; thence at an interior angle of 90 deg. To the lest in a northwesterly direction 100± feet to a point in said lake which is also on a point along the northwesterly line of premises of grantors extended; thence South 40½ deg. West 100± feet to the point and place of beginning. The above premises being as shown as a lot formerly owned by George Miller on the Map of the Thistlethwaite Revision of the Allotment of the Old Forge Company's Lands, dated May 18, 191 1 by Howard C. Weller, filed in the Herkimer County Clerk's Office on July 3, 1911. Being a part of the premises conveyed to Arthur Richard Cohen by Executor's Deed dated January 23, 1973, recorded March 7, 1973 in the Office of the Herkimer County Clerk in Book 626 of Deeds at page 666. I of 2 FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 conveyed to Kearnan F. Aldrich and Albena H. Aldrich by deed Being the same premises in the Herkimer Clerk's office on October 24, dated October 23, 1979 and recorded County 1979 in Book 667 of Deeds at page 995. With reference to the premises hereinbefore described as Parcel B, the parties of the first part do not warrant the title thereto but do, by this instrument, quit claim and release to the party of the second part all their right, title and interest in Parcel B. PARCEL C ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in and being a part of lands formerly owned by Fulton Chain Railroad Company in the Forge Tract, Township 7, John Brown's Tract, Town of Webb, County of Herkimer, State of New York and being bounded and described as follows: Beginning at a point on the northerly line of the Little Moose Road (County Highway) York" and the most westerly corner of Lot 1, Block 27, as shown on "Map of Old Forge, New by H. C. Weller, dated May 1, 1913; 25' Thence westerly, along the northerly line of the Little Moose Road, 25.6'± to a point northwesterly, measured at a right angle from the northwesterly line of said Lot 1, Block 27; 25' Thence N. 40 deg. 00 min. E., parallel with and at all points northwesterly from the said northwesterly line of Lot 1, Block 27, 208'± to a point on the southwesterly side of a drive leading to Rivette's Boat Livery; 25.0' . Thence S. 50 deg. E., to the northwesterly line of Lot 1, Block 27; Thence S. 40 deg. 00 min. W., along the said northwesterly line of Lot 1, Block 27, 202.4'± to the point and place of beginning as shown on "Map of Location of Improvements Lot Forge," I - Block 27 - Old by D.G. Hollister, dated August 10, 2004, amended March 30, 2005. No buildings shall be built upon this parcel. Subject to all easements, reservations, restrictions and covenants of record. BEING the same premises conveyed to Grantors by Deed in Lieu of Foreclosure by Lytle H. Stackhouse and Casey L. Stackhouse and William T. and Sarah C. Stackhouse dated August 29, 2008 and recorded September 4, 2008 in the Herkimer County Clerk's Office as Instrument Number 2008-00146700. ALSO BEING the same premises conveyed by Joan H. Morgan and Wayne R. Morgan to James P. Baker and Robin A. Baker deed dated December by 5, 2008 recorded in the Herkimer Cler7's Office on December County 18, 2008 as Instrument Number "grantors" 2008-00148814 and all references to in the description to Parcel B above are to Joan H. Morgan and Wayne R. Morgan in that instrument. 2 of 2 FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 SCHEDULE B ALL THOSE PREMISES described and conveyed in SCHEDULE A, hereof, being more modernly described as surveyed by William D. Hollister P.L.S. #050665 on June 30, 2020 for proposed conveyance by James P. Baker and Robin A. Baker: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE in and being in the Hamlet of Old Forge, Township 7, John Brown's Tract, Town of Webb, Herkimer County, State of New York, and being "A" "C" Parcel and in a deed from Joan H. Morgan and Wayne Morgan a/k/a Wayne R. Morgan to James P. Baker and Robin A. Baker dated December 5, 2008 as filed in the Herkimer County Clerk's Office on December 18, 2008 as Instrument Number 2008-00148814, and being more particularly bounded and described as follows: Beginning at the intersection of the northerly boundary of Little Moose Road, and the easterly boundary of a parcel of land formerly owned by Fulton Chain Railroad Co. Said point marked by an iron spike line- 5.2' marker set southerly of said corner; 25.6' Thence northwesterly, along the northerly boundary of Little Moose Road, more or less, to a point. ½" 3.2' 25' Said point marked by a re-rod line-marker set southerly of said point and more or less, from the present centerline surface of Little Moose Road; 25' Thence N. 40 deg. 00 min. E., along a line westerly and parallel to said former Fulton Chain Railroad 208.7' Co. boundary, to an iron spike; 25' Thence S. 50 deg. E., to the easterly boundary of said Fulton Chain Railroad Co. Said point marked by 1-2" a re-rod; 40.8' ½" Thence N. 40 deg. 00 min. E., along the easterly boundary of said Fulton Chain Railroad Co., to a 1.2' re-rod line-marker set more or less, from the southerly shore of Old Forge Lake at high water mark; 1.2' Thence N. 40 deg. 00 min. E., on a continuation of the same line, more or less, to the southerly shore of Old Forge Lake at high water mark; 102' Thence southeasterly, along southerly shore of Old Forge Lake at high water mark, more or less, to the easterly boundary of Lot 1 in Block 27; 5' Thence S. 40 deg. 00 min. W., along the easterly boundary of Lot I in Block 27, more or less, to a PK Nail in the north edge of pavement; 14.6' ½" Thence S. 40 deg. 00 min. W., on a continuation of the same line, to a re-rod; 179.9' Thence S. 40 deg. 00 min. W., on a continuation of the same line, more or less, to the northerly ½" 2.7' boundary of Little Moose Said point marked by a Road. re-rod line-marker found southerly of said 25' corner and more or less, from the centerline surface of Little Moose Road; 103' Thence northwesterly, along the northerly boundary of said Little Moose Road, more or less, to the " point and place of beginning, containing 27,378.3 square feet of lands more or less, as shown on Map of - - Forge" Proposed Conveyance of Lands of James P. Baker Lot 1 Block 27 Old by William D. Hollister dated June 30, 2020 and Amended July 14, 2020. A" The portion of the above described premises which were formerly described as "Parcel is subject to a right-of-way six (6) feet in width to be used for a passage way across said premises near the water front on Forge Pond, a right-of-way easement for the old Forge Sewer System given to the Town of Webb by document dated July 28, 1962 and recorded September 26, 1962 in the Herkimer County Clerk's Office in Book 559 of Deeds at Page 33 and to all covenants, restrictions, conditions, easements and rights of way of record. FILED: HERKIMER COUNTY CLERK 12/01/2022 03:11 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 12/01/2022 C" The portion of the above described premises which were formerly described as "Parcel is subject to a covenant that no buildings shall be built upon this parcel and to all easements, reservations, restrictions and covenants of record. ALSO, by quit claim only, ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE in and being in the Hamlet of Old Forge Township 7, John Brown's Tract, Town of Webb, Herkimer County, "B" State of New York, and being more particularly Parcel in a deed from Joan H. Morgan and Wayne Morgan a/k/a Wayne R. Morgan to James P. Baker and Robin A. Baker dated December 5, 2008 as filed in the Herkimer County Clerk's Office on December 18, 2008 as Instrument Number 2008-00148814, and being more particularly bounded and described as follows: Beginning at the intersection of the southerly shore of Old Forge Lake, and the easterly boundary of a ½" parcel of land formerly owned by Fulton Chain Railroad Co. Said point marked by a re-rod line-marker 1.2' set more or less, from the southerly shore of Old Forge Lake at high water mark; 79.2' Thence N. 40 deg. 00 min. E., along the easterly boundary of said former Fulton Chain Railroad Co., to a point; 100' Thence S. 50 deg. 00 min. E., at a right angle to the said Fulton Chain Railroad Co. boundary, to the northerly extension of the easterly boundary of Lot 1 in Block 27; Thence S. 40 deg. 00 min. W., along the northerly extension of the easterly boundary of Lot 1 in Block 27, 100' more or less, to the southerly shore of Old Forge Lake at high water mark; 102' Thence northwesterly, along the southerly shore of Old Forge Lake at high water mark, more or less, to the point and place of beginning, " containing 8,868.7 square feet of land more or less, as shown on Map of Proposed of Lands of James P. Baker Lot I - - Forge" Conveyance Block 27 Old by William D. Hollister dated June 30, 2020 and Amended July 14, 2020. "B" The parties of the first part herein do not warrant title to SAID PARCEL but do by this instrument quit claim and release to the party of the second part all their right, title and interest in said Parcel "B". SUBJECT TO AND EXCEPTING any part of the above described parcels which may fall within the right of way of Little Moose Road. SUBJECT TO all easements, reservations, restrictions and covenants of record.