County: Niagara Site No: E932132 SAC No: C303480

ENVIRONMENTAL EASEMENT GRANTED PURSUANT TO ARTICLE 71, TITLE 36OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW

THIS INDENTURE made this 22~ay of Veet_i.,-, 201L betweenOwner(s) TOWN OF LOCKPORT. a municipal corporation organized and existing under theLaws of the State of New York and having its place of business at 6560 Dysinger Road, Town ofLockport, County of Niagara, State of New York (the "Grantor"), and The People of the State ofNew York (the "Grantee."), acting through their Commissioner of the Department ofEnvironmental Conservation (the "Commissioner", or "NYSDEC" or "Department" as the contextrequires) with its headquarters located at 625 Broadway. Albany, New York 12233.

WHEREAS, the Legislature of the State of New York has declared that it is in the publicinterest to encourage the remediation of abandoned and likely contaminated properties ("sites")that threaten the health and vitality of the communities they burden while at the same timeensuring the protection of public health and the environment; and

WH.EREAS, the Legislature of the State of New York has declared that it i's in the publicinterest to establish within the Department a statutory environmental remediation program thatincludes the use of Environmental Easements as an enforceable means of ensuring theperformance of operation, maintenance, andlor monitoring requirements and the restriction offuture uses of the land, when an environmental remediation project leaves residual contaminationat levels that have been detennined to be safe for a specific use, but not all uses, or which includesengineered structures that must be maintained or protected against damage to perfonn properlyand be effective, or which requires groundwater usc or soil management restrictions; and

\VHEREAS, the Legislature of thc State of New York has declared that EnvironmentalEasement shall mean an interest in real property, created under and subject to the provisions ofArticle 71, Title 36 of the New York State Environmental Conservation Law ("ECLIf

) whichcontains a usc restriction andlor a prohibition on the use of land in a manner inconsistent withengineering controls which are intended to ensure the long tenn effectiveness of a site remedialprogram or eliminate potential exposure pathways to hazardous waste or petroleum; and

WHEREAS, Grantor, is the owner of real property located at the address of 4922 I.D.A.Park Drive in the Town of Lockport, County of Niagara and State of New York, known anddesignated on the tax map of the County Clerk of Niagara as tax map parcel numbers: Section108.00 Block 1 Lot 55, being the same as that property conveyed to Grantor by deed dated May 26,2011 and recorded on May 27, 2011 in the Niagara County Clerk's Office in Instrument Number2011-08929. The property subject to this Environmental Easement (the "Controlled Property")comprises approximately J.37 +/- acres, and is hereinafter more fully described in the Land TitleSurvey dated July 15,2009 and revised September 8,2011 prepared by Douglas R. Hager, P.L.S.of TVGA Consultants, which will be anachcd to the Site Management Plan. The ControlledProperty description and survey is se.t forth in and anached hereto as Schedule A; and

WHEREAS, the Department accepts this Environmental Easement in order to ensure theprotection of public health and the environment and to achieve the requirements for remediationestablished for the Controlled Property until such time as this Environmental Easement isextinguished pursuant to ECL Article 71, Title 36; and

[6/11]Environmental Easement Page 1

County: Niagara Site No: E932132 SAC No: C303480

NOW THEREFORE, in consideration of the mutual covenants contained herein and theterms and conditions of State Assistance Contract Number: C303480, Grantor conveys to Granteea permanent Environmental Easement pursuant to ECL Article 71, Title 36 in, on, over, under, andupon the Controlled Property as more fully described herein ("Environmental Easement")

I. Purooses. Grantor and Grantec acknowledge that the Purposes of this EnvironmentalEasement are: to convey to Grantee real property rights and interests that will run with the land inperpetuity in order to provide an effective and enforceable means of encouraging the reuse andredevelopment of this Controlled Property at a level that has been detennined to be safe for aspecific use while ensuring the performance of operation, maintenance, and/or monitoringrequirements; and to ensure the restriction of future uses of the land that are inconsistent with theabove-stated purpose.

2. Institutional and Engineering Controls. The controls and requirements listed in theDepartment approved Site Management Plan ("SMP") including any and all Department approvedamendments to the SMP are incorporated into and made part of this Environmental Easement.These controls and requirements apply to the use of the Controlled Property, run with the land, arebinding on the Grantor and the Grantor's successors and assigns, and are enforceable in law orequity against any owner of the Controlled Property, any lessees and any person using theControlled Property.

A. (I) The Controlled Property may be used for:

Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrialas described in 6 NYCRR Part 375-1.8(g)(2)(iv)

(2) All Engineering Controls must be operated and maintained as specified inthe Site Management Plan (SMP);

(3) All Engineering Controls must be inspected at a frequency and in a mannerdefined in the SMP.

(4) Groundwater and other environmental or public health monitoring must beperformed as defined in the SMP;

(5) Data and infonnation pertinent to Site Management of the ControlledProperty must be reported at the frequency and in a manner defined in the SMP;

(6) All future activities on the property that will disturb remainingcontaminated material must be conducted in accordance with the SMP;

(7) Monitoring to assess the performance and effectiveness of the remedy mustbe performed as defined in the SMP.

(8) Operation, maintenance, monitoring, inspection, and reporting of anymechanical or physical components of the remedy shall be performed as defined in the SMP.·

[6/11]Environmental Easement Page 2

County: Niagara Site No: E932132 SAC No: C303480

(9) Access to the site must be provided to agents, employees or otherrepresentatives of the State of New York with reasonable prior notice to the property owner toassure compliance with the restrictions identified by this Environmental Easement.

B. The Controlled Property shall not be used for Residential or Restricted Residentialpurposes as defined in 6NYCRR 375-1.8(g)(2)(i) and (ii), and the above-stated engineeringcontrols may not be discontinued without an amendment or extinguishment of this EnvironmentalEasement.

C. The 8MP describes obligations that the Grantor assumes on behalf of Grantor, itssuccessors and assigns. The Grantor's assumption of the obligations contained in the SMP whichmay include sampling, monitoring, and/or operating a treatment system, and providing certifiedreports to the NYSDEC, is and remains a fundamental element of the Department's determinationthat the Controlled Property is safe for a specific use, but not all uses. The 8MP may be modified inaccordance with the Department's statutory and regulatory authority. The Grantor and allsuccessors and assigns, assume the burden ofcomplying with the 3MP and obtaining an up-to-dateversion of the 8MP from:

Site Control SectionDivision of Environmental RemediationNYSDEC625 BroadwayAlbany, New York 12233Phone: (518) 402-9553

D. Grantor must provide all persons who acquire any interest in the ControlledProperty a true and complete copy of the SMP that the Department approves for the ControlledProperty and all Department-approved amendments to that SMP.

E. Grantor covenants and agrees that until such time as the Environmental Easementis extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, theproperty deed and all subsequent instruments of conveyance relating to the Controlled Propertyshall state in at least fifteen-point bold-faced type:

This property is subject to an Environmental Easementheld by the New York State Department of EnvironmentalConservation pursuant to Title 36 of Article 71 of theEnvironmental Conservation Law.

F. Grantor covenants and agrees that this Environmental Easement shall beincorporated in full or by reference in any leases, licenses, or other instruments granting a right touse the Controlled Property.

G. Grantor covenants and agrees that it shall annually, or such time as NYSDEC mayallow, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptablecertifying under penalty of perjury, in such form and manner as the Department may require,that:

[6/11]Environmental Easement Pagc 3

County: Niagara Site No: E932132 SAC No: C303480

(1) the inspection of the site to confirm the effectiveness ofthe institutional andengineering controls required by the remedial program was performed under the direction of theindividual set forth at 6 NYCRR Part 375-1.8(h)(3).

(2) the institutional controls and/or engineering controls employed at such site:(i) are in-place;(ii) are unchanged from the previous certification, or that any identified

changes to the controls employed were approved by the NYSDEC and that all controls are in theDeparnnent-approved format; and

(iii) that nothing has occurred that would impair the ability of suchcontrol to protect the public health and environment;

(3) the owner will continue to allow access to such real property to evaluate thecontinued maintenance of such controls;

(4) nothing has occurred that would constitute a violation or failure to complywith any site management plan for such controls;

(5 the report and all attachments were prepared under the direction of, andreviewed by, the party making the certification;

(6) to the best of hislher knowledge and belief, the work and conclusionsdescribed in this certification are in accordance with the requirements of the site remedial program,and generally accepted engineering practices; and

(7) the information presented is accurate and complete.

3. Right to Enter and Inspect. Grantee, its agents, employees, or other representatives oftheState may enter and inspect the Controlled Property in a reasonable manner and at reasonabletimes to assure compliance with the above-stated restrictions.

4. Reserved Grantor's Rights. Grantor reserves for itself, its assigns, representatives, andsuccessors in interest with respect to the Property, all rights as fee owner of the Property,including:

A. Use of the Controlled Property for all purposes not inconsistent with, or limited bythe terms of this Environmental Easement;

B. The right to give, sell, assign, or otherwise transfer part or all of the underlying feeinterest to the Controlled Property, subject and subordinate to this Environmental Easement;

5. Enforcement

A. This Environmental Easement is enforceable in law or equity in perpetuity byGrantor, Grantee, or any affceted local government, as defined in ECL Section 71-3603, againstthe owner of the Property, any lessees, and any person using the land. Enforcement shall not bedefeated because of any subsequcnt adverse possession, laches, estoppel, or waiver. It is not adefense in any action to enforce this Environmental Easement that: it is not appurtenant to aninterest in real property; it is not of a character that has been recognized traditionally at commonlaw; it imposes a negative burden; it imposes affirmative obligations upon the owner of anyinterest in the burdened property; the benefit does not touch or conceIlJ. real property; there is noprivity of estate or of contract; or it imposes an unreasonable restraint on alienation.

B. If any person violates this Environmental Easement, the Grantee may revoke theCertificate of Completion with respect to the Controlled Property.

[6/11]Environmental Easement Page 4

County: Niagara Site No: E932132 SAC No: C303480

C. Grantee shall notify Grantor of a breach or suspected breach of any of the terms ofthis Environmental Easement. Such notice shall set forth how Grantor can cure such breach orsuspected breach and give Grantor a reasonable amount oftime from the date of receipt of noticein which to cure. At the expiration of such period of time to cure, or any extensions granted byGrantee, the Grantee shall notify Grantor of any failure to adequately cure the breach or suspectedbreach, and Grantee may take any other appropriate action reasonably necessary to remedy anybreach of this Environmental Easement, including the commencement of any proceedings inaccordance with applicable law.

D. The failure of Grantee to enforce any of the terms contained herein shall not bedeemed a waiver of any such term nor bar any enforcement rights.

6. Notice. Whenever notice to the Grantee (other than the annual certification) or approvalfrom the Grantee is required, the Party providing such notice or seeking such approval shallidentify the Controlled Property by referencing the following information:

County, NYSDEC Site Number, NYSDEC Brownfield Cleanup Agreement, State AssistanceContract or Order Number, and the County tax map number or the Libcr and Page or computerizedsystem identification number.

Parties shall address correspondence to:

With a copy to:

Site Number: E932132Office of General CounselNYSDEC625 BroadwayAlbany New York 12233-5500

Site Control SectionDivision of Environmental RemediationNYSDEC625 BroadwayAlbany, NY 12233

All notices and correspondence shall be delivered by hand, by registered mail or by Certified mailand return receipt requested. The Parties may provide for other means of receiving andcommunicating notices and responses to requests for approva1.

7. Recordation. Grantor shall record this instrument, within thirty (30) days of execution ofthis instrument by the Commissioner or herlhis authorized representative in the office of therecording officer for the county or counties where the Property is situated in the manner prescribedby Article 9 of the Real Property Law.

8. Amendment. Any amendment to this Environmental Easement may only be executed bythe Commissioner of the New York State Department of Environmental Conservation or theCommissioner's Designee, and filed with the office of the recording officer for the county orcounties where the Property is situated in the manner prescribed by Article 9 of the Real PropertyLaw.

[6111]Environmental Easement Page 5

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

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

TOWN OF LOCKPORT:

By ~~y;;?

Print Name: t1 AA <:, R.. Sl"\ ITl-\

Title:~p'(I.i'·'\J , Date:~\0 IoU" of \-DC \:-pc< l-

Grantor's Acknowledgment

STATE OF NEW YORK. )) 55:

COUNTY OF I0d:'1GAIQ1)

On the 1"3'" h day of~, in the year 20 lL before me, the undersigned,personally appeared I"\eul. {Z Smd-h ,personally known to me or proved to me on the basisof satisfactory evidence to be the individual(s) whose name is (are) subscribed to the withininstrument and acknowledged to me that helshe/they executed the same in hislherltheircapacity(ies), and that by hislher/their signature(s) on the instrument, the individua1(s), or theperson upon behalf of which the individual(s) acted, executed the instrument.

C' ~Q..,-~::J ,TV- G. JNotary Public - tate of New York

CINDY L. MEALNotary Public, State of New York

Qualrtied in Niagara CountyMy Commissioll Expires November 27. ,:')(',I"J

Environmental Easement Page 6

County: Niagara Site No: E932132 SAC No: C303480

THIS ENVIRONMENTAL EASEMENT IS HEREBY ACCEPTED BY THEPEOPLE OF THE STATE OF NEW YOR\fCl. Acting By and Through the Department ofEnvironmental Conservation as Designee of the to6mis~oner.

By:Dare A.'t5cs9'oVers, DirectorDivision of Enhronmental Remediation

Grantee's Acknowledgment

STATE OF NEW YORK )) ss:

COUNTY OF ALBANY )

On the )d~ day of1.",\<" ,in the year 20ll. before me, the undersigned,personally appeared Dale A. Desnoyers, personally known to me or proved to me on the basis ofsatisfactory evidence to be the individual(s) whose name is (are) subscribed to the withinin ent and aCkeledgcd to me that he!she! executed the same in hislher! capacity as

esigne of the C missioner of the State of New York Department of EnvironmentalConserv tion~ t a~r;, hislher! signature on the instrument, the individual, or the person uponbehalf whtchJhe ·ndtviduaLacted, executed the instrument.

David J. ChiusanoNotarY Public, State of New York

No.OlCH5032145Qualified in Schenectady County.

Commission Expires August 22, 20..!.:I-

Environmental Easement Page 7

County: Niagara Site No: E932132

SCHEDULE" A" PROPERTY DESCRIPTION

SAC No: C303480

Address of Property: 4922 I.D.A. Park Drive, Lockport, New YorkTax Map: 108.00-1-55

All that tract or parcel of land, situate in the Town of Lockport, County of Niagara and State ofNew York, being part of Lot 12, Township 14, Range 7 of the Holland Land Company's Survey,bounded and described as follows:

Beginning at a point in the west line oflands dedicated to the Town of Lockport by instrumentrecorded in Liber 1868 of Deeds at Page 268, distance 10 feet northerly from the intersection withthe north line oflands dedicated to the Town of Lockport by instrument recorded in Liber 2287 ofDeeds at Page 49;

Thence northerly along the west line ofLD.A. Drive, a distance of 193.99 feet to a point;

Thence westerly at right angles, a distance of 308.25 feet to a point;

Thence southerly at interior angle of89°5 I '06". A distance of 193.99 feet to a point;

Thence easterly at interior angle of90008' 54" and parallel with the north line oflands dedicated bythe latter dedication hereinabove described, a distance of307.75 feet to the point of beginning.

Containing 1.37 acres more or less.

Environmental Easement Page 8

County: Niagara Site No: E932132

SURVEY

Environmental Easement Page 9

SAC No: C303480

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MAPNUMBER:

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"xSS 9: 8ELEV: 627.07

EXISTING REBAR1.07'N., 0."9'E.

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6 l£SlPlT 10:ELEV: 627.21

~

PUMP STATIONRIM: 628.34

.90 .55-1: °0'ELEV: 627.39 8°0'

x

MW 1:6 GRND: 627.36

RISER: 629.46

TE5lPIT 7:ELEV: 627.64

50.06'

TBMELEV: 630.34'NORTH 80LT OF HYO.

.,-.,-.

SOIL SAMPLE

ll-lREE HEAD UGHT POl£

TRAme t-lANHOL£

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TWO POST SIGN

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CONCRETE

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----::&::::J:(..'),~========626 xVV

( 66' WIDE)

( FORMALLY I.D.A. SOUTH )

PARALLEL Vt'ITH THE NORlH UNE OFUSER 2287 OF DEEDS AT PAGE 49

5W2, 5ED28 ELEV: 625.24

DEaDUous BUSH

CONIFEROUS BUSH

GUY WIRE

GASUNE MARKER

LEGEND

WATER METER

WATER VAlVE

unuTY PM

CONCRETE MONUMENT

NAIL

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GROUND SHOT (NARD)

GROUND SHOT (SOfT)

FIRST flOOR ELEVAnON

308.25'

l£SlPlT 6:6 ELEV: 627.22

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MW 3:8 GRND: 627.28

RISER: 629.35

55-7:'),c> 8 ELEV: 627.15

$' ~r------------- -l".v.

307.75'

ENTERPRISE

20 0 10 20 40 80

~~~~IliiiIIiIiIIiIi~1~~~I( IN FEET)

1 inch = 20 ft.

DITCH

8 5S-2:L-_-.J\ ELEV: 627.42

l£SlPlT 13: 6ELEV: 626.47

627

"-"-

1£5lPIT 5:ELEV: 627.07

REPUTED OWERTOWN OF LOCKPORT I.D.A.

108.00-1-34.111

55-6:627_--=8:....IELEV: 627.05

SlPIT 14:ELEV: 627.01

ZONE 'X' (DETERMINED TO BE OUTSIDE THE 500 YEAR FLOODPLAIN)

REFERENCE: F.I.R.M. (WWW.FEMA.GOV)COMMUNITY PANEL NO. 36013 0012 DEFFECTIVE DATE: OCTOBER 4, 2002

FLOOD NOTE

25' 51." 61£5lPIT 12:- :!....EYARD.!ET8ACK ~LEV:627.9~_

II~

~ i".v' ,bj

xTOWN OF LOCKPORT, REPY D OWNER I~

INSTRUMENT No.j(Jfj-08929 l£SlPlT 9: I~8 5S-4: ,,')," s.aL Ng. 108.00-1-55 55 8: ElfJV:627.33 I....

ELEV:627.53 x ,'" ENVlRO!jMENTAL EASEMENT AREA = E

1

LE~E 682 I~

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,~~ x'b II.e) ~ a. ~ Sif ... ~ .'( <:« I TE~~;T 8: ~ cJ

I"" ELEV: 627.04 :r ~ z., ~ "'8

r:7-;;~;'-;T7+1~#,1f~-J5~0~.0~6.:...'_~==::;;:H"'lo'"

MW 2:6 GRND: 627.52

RISER: 629.85

1 ACRE200 FEET

---------

'----------------626----'

-6 it:'SlPIT 4:ELEV: 626.78

6TESlPlT 1:ELEV: 628.12

-"-30' WIDE STRIP RESERVED C> • • ': • • - • • -- •.

FOR TOWN OF LOCKPORT ,,'lo NORTH LINE OF LANDS

UGGl~====~/;T"'==="""'::::::::::::::=:L~~ xJ\-_______ CONVEYED SY L1SER 2287OF DEEDS AT PAGE 49UGG!.

EDGE Of PAVEMENT

,-­IIIIIIIIIII

~I~ 8 l£STP'IT 2:~ I ELEV:l628.52

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-3:EL V: 627.09

8

ZONED INDUSTRIAL

MINIMUM LOT AREA:MINIMUM LOT WIDTH:

ZONING

EXISTING REBARO.77'N., O.30'E.

FRONT SETBACK: 50 FEETSIDE YARD SETBACK: 25 FEETSIDE YARD SETBACK: 50 FEET(ABUTTING TO NON-INDUSTRIAL DISTRICT)REAR SETBACK: 10 FEETREAR SETBACK: 100 FEET(ABUTTING TO NON-INDUSTIAL DISTRICT)

DRIVEWAYS FROM SIDE: 10 FEETMAXIMUM HEIGHT OF BUILDINGS: 50 FEETMAXIMUM LOT CO'VERAGE: 85%

55-5:ELEV: 628.05

U

STING REBARON UNE, 0.35' W.

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I l£SlPlT 3:ELEV: 627.66

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IIIIj

IGUY WIRE5.6' W.

IIII

NEW YORK

-"- --+

REPUTED OWERTOWN OF LOCKPORT I.D.A.

108.00-1-42.122L,2984 P.292

THIS SURVEY HAS BEEN REVISED WITH THE BENEFIT OF ABSTRACT SEARCHjjO.1 115-00450 DATED MAY 27, 2011, AND TITLE REPORT COMMITMENT NO.:115-25074 DATED AUGUST 5, 2011 AS PREPARED BY CHICAGO TITLE INSURANCECOMPANY.

rHE ITEMS IN SCHEDULE B AFFECT THE PARCEL SHOWN HEREON::TEM 3: 15' UTILITY EASEMENT TO NEW YORK STATE ELECTRIC & GAS ANDiELEPHONE BY L1BER 2268 OF DEEDS AT PAGE 242 AS SHOWN.

EASEM ENTS OF RECORD

FORMER ELECTRUK BATTERYERP SITE # E932132(922 I.D.A. DRIVELOCKPORT, NEW YORK

of the site IS limited todevelopmentuses only.

Land Use - The use andCommercial and Industrial

Soil Cover - Any breach of the natural site cover, including for thepurposes of construction or utilities work, must be replaced orrepaired according to the Site Management Plan (SMP). Site soilexcavated and removed from the property must be managed,characterized, and properly disposed of in accordance with theNYSDEC regulations and directives. Guidelines for management ofsubsurface soils/fill and long-term maintenance of the natural sitecover is provided in the SMP.

GENERAL NOTES

1. ALL ELEVATIONS BASED ON NAVD88 DATUM. BENCHMARK DESCRIPTION NORTH BONNET BOLT or FIRE HYD ATSOUTHWEST CORNER OF I.D.A. DRIVE AND ENTERPRISE DRIVE. ELEVATION = 630.34 SEE MAP FOR LOCATION.

2. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION. THE SURVEYOR MAKESNO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER INSERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND 'JTILITIES SHOWN AREIN THE EXACT LOCATION INDICATED THOUGH THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FRJM INFORMATIONAVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. THE CONTRACTOR SHALLCONFIRM THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF EXCAVATION.

3. NO ENVIRONMENTAL ENGINEERING CONTROLS PROPOSED FOR SUBJECT PROPERTY.

•

•

DOUGLAS R. HAGER, P.L.S.

Please show location of engineering controls with measurements insurvev drawing with corresponding kevs and decriphon of all EngineeringControls and Instdutional Controls covering subfect site (see exampleattached) (subfect to Profect Manager's comments)

CERTIFICATION

TO: THE PEOPLE OF THE STATE OF NEW YORK ACTING THROUGH ITS COMMISSIONEROF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

THE TOWN OF LOCKPORT

CHICAGO TITLE INSURANCE COMPANY

THIS IS TO CERTIFY THAT THIS MAP AND THE SURVEY ON WHICH IT IS BASED WEREMADE IN ACCORDANCE WITH THE "MINIMUM STANDARD DETAIL REQUIREMENTS FORALTA/ACSM LAND TITLE SURVEYS," JOINTLY ESTABLISHED AND ADOPTED BY ALTA ANDNPS IN 2005. PURSUANT TO THE ACCURACY STANDARDS AS ADOPTED BY ALTA ANDNPS AND IN EFFECT ON THE DATE OF THIS CERTIFICATION, UNDERSIGNED FURTHERCERTIFIES THAT IN MY PROFESSIONAL OPINION AS A LAND SURVEYOR REGISTERED INTHE STATE OF NEW YORK, THE RELATIVE POSITIONAL ACCURACY OF THIS SURVEYDOES NOT EXCEED THAT WHICH IS SPECIFIED THEREIN.

DATE OF SURVEY: JULY 15, 2009LAST REVISION: SEPTEMBER 8, 201

.. ~J':_~t!~ _#-JEW YORK OIATE LICENSE NO. 050204

SCHEDULE 'A' - DEED DESCRIPTION & ENVIRONMENTAL EASEMENT AREA DESCRIPTION

CHICAGO TITLE INSURANCE COMPANY, COMMITMENT NO. 1115-25074DATED AUGUST 5, 2011.

ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE TOWN OF LOCKPORT, COUNTY OF NIAGARA AND STATE OF NEWYORK, BEING PART OF LOT 12, TOWNSHIP 14, RANGE 7 OF THE HOLLAND LAND COMPANY'S SURVEY, BOUNDED ANDDESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE WEST LINE OF LANDS DEDICATED TO THE TOWN OF LOCKPORT BY INSTRUMENT RECORDED INL1BER 1868 OF DEEDS AT PAGE 268, DISTANCE 10 FEET NORTHERLY FROM THE INTERSECTION WITH THE NORTH LINE OFLANDS DEDICATED TO THE TOWN OF LOCKPORT BY INSTRUMENT RECORDED IN L1BER 2287 OF DEEDS AI" PAGE 49;

THENCE NORTHERLY ALONG THE WEST LINE OF I.D.A. DRIVE, A DISTANCE OF 193.99 FEET TO A POINT;

THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 308.25 FEET TO A POINT;

THENCE SOUTHERLY AT INTERIOR ANGLE OF 89'51'06". A DISTANCE OF 193.99 FEET TO A POINT;

THENCE EASTERLY AT INTERIOR ANGLE OF 90'08'54" AND PARALLEL WITH THE NORTH LINE OF LANDS DEDICATED BY THELATTER DEDICATION HERIN ABOVE DESCRIBED, A DISTANCE OF 307.75 FEET TO THE POINT OF BEGINNING.

CONTAINING 1.37 ACRES MORE OR LESS.

THE DEC OR THEIR AGENT MAY ACCESS THE ENVIRONMENTAL EASEMENTAREA AS SHOWN HEREON THROUGH ANY EXISTING STREET ACCESS OR

BUILDING INGRESS/EGRESS ACCESS POINT.

ENVIRONMENTAL EASEMENT AREA ACCESS

ENGINEERING ! INSTITUTIONAL CONTROLS

THE ENGINEERING AND INSTITUTIONAL CONTROLS for the Easement are setforth in more detail in the Site Management Plan ("SMP"). A copy of theSMP must be obtained by any party with an interest in the property. TheSMP may be obtained from the New York State Department ofEnvironmental Conservation, Division of Environmental Remediation, SiteControl Section, 625 Broadway, Albany, NY 12233 or atderweb@gw.dec.state.ny.us.

This property is subject to an Environmental Easement held by the NewYork State Department of Environmental Conservation pursuant to Title 36of Article 71 of the New York Environmental Conservation Law.