The undersigned, hereinafter called the Vendor, in consideration of the mutual covenants and agreements herein set forth, offers to sell and convey to the UNITED STATES OF AMERICA and its assigns, a permanent and assignable easement for the purpose set forth in Exhibit B, in, upon, over, and across that certain tract of land described in Exhibit A, hereto attached and made parts hereof.

The terms and conditions of this offer are as follows:

(1) The Vendor hereby agrees that this offer may be accepted by the United States, through any duly authorized representative, by delivering, mailing, or telegraphing a notice of acceptance to the Vendor at the address stated below, at any time within six (6) month(s) from the date hereof, whereupon this offer and the acceptance thereof become a binding contract.

(2) The United States agrees to pay to the Vendor for scid easement and rights the sum of ($ ), payable upon acceptance of this offer and approval of the Vendor's title; provided the Vendor can execute and deliver a good and sufficient general warranty deed conveying said easement and rights to the United States of America and its assigns, free and clear from all liens, encumbrances, said conveyance to be subject only to the existing easements and rights set forth in said Exhibit B.

(3) The Vendor agrees to satisfy of record, at or before conveying said easement and rights, such taxes, assessments, and encumbrances which are a lien against the land, as the United States may require, and, if the Vendor fails to do so, the United States may pay any taxes, assessments, and encumbrances which are a lien against the land; that the amount of any such payments by the United States shall be deducted from the purchase price of the easement; that the Vendor will, at the request of the United States and without prior payment or tender of the purchase price, execute and deliver the general warranty deed to the United States conveying the easement and rights herein described, pay the documentary revenue stamp tax, and obtain and record such other curative evidence of title as may be required by the United States.

(4) It is agreed that the United States will defray the expenses incident to the preparation and recordation of the deed to the United States and the procurement of the necessary title evidence.

(5) The Vendor agrees that the United States may, notwithstanding the prior acceptance of this offer, acquire title to said easement and rights by condemnation or other judicial proceedings, in which event the Vendor agrees to cooperate with the United States in the prosecution of such proceedings; agrees that the consideration hereinabove stated shall be the full amount of just compensation, inclusive of interest, for the taking of said casement and rights; agrees that any and all awards of just compensation that may be made in the proceeding to any defendant shall be payable and deductible from the said amount: and agrees that the said consideration shall also be in full satisfaction of any and all claims of the Vendo for the payment of the right of occupancy and use hereinafter provided for in paragraph (6).

(6) As additional consideration for the payment of the purchase price hereinabove set forth, the Vendor hereby grants to the United States the right of immediate occupancy and use of the land in which said easement is to be granted for the purpose of exercising any of the rights described in said Exhibit B from and after acceptance by the United States of this offer until such time as said easement is conveyed to the United States.

(7) It is agreed that the spouse, if any, of the Vendor, by signing below, agrees to join in and execute the deed to the United States.

(8) The Vendor represents and it is a condition of acceptance of this offer that no member of or delegate to Congress, or resident commissioner, shall be admitted to or share any part of this agreement, or to any benefits that may arise therefrom; but this provision shall not be construed to extend to any contract if made with a corporation for its general benefit.

(9) The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors, and assigns of the Vendor.

(10) All terms and conditions with respect to this offer are expressly contained herein and the Vendor agrees that no representative or agent of the United States has made any representation or promise with respect to this offer not expressly contained herein.

NOTICE OF ACCEPTANCE OF THIS OFFER IS TO BE SENT TO:

(Name and address)

ACCEPTANCE OF OFFER TO SELL EASEMENT

Allegheny River Reservoir
Tract No.

Date:

The offer of the Vendor contained herein is hereby accepted for and on behalf of the UNITED STATES OF AMERICA.

WITNESS:

*THESE SPACES WILL BE USED FOR WITNESSES TO SIGNATURES IF REQUIRED BY STATE LAW.

(Name and title)

EXHIBIT A

(Description)

EXHIBIT B

Allegheny River Reservoir
Tract No.

John Doe, a single man

Estate and right to be conveyed to the United States of America and its assigns in Tract No.

:

The perpetual right, power, privilege and easement occasionally to overflow, flood and submerge the land lying above elevation 1,328 feet, mean sea level, to 1,365 feet, mean sea level, in connection with the operation and maintenance of the Allegheny River Reservoir Project as authorized by the Acts of Congress, approved June 28, 1938 (Public Law 761-75th Congress), and August 18, 1941 (Public Law 228-77th Congress), together with all right, title and interest in and to the structures and improvements now situate on the land, and all right, title and interest in and to the timber situate below elevation 1,333 feet, mean sea level, and together with the continuing right to clear and remove any brush, debris and natural obstructions below elevation 1,333 feet, mean sea level, and the right to clear and remove only dead or fallen trees, logs, slash, fences and other floatable material from the land lying above elevation 1,333 feet, mean sea level, which, in the opinion of the representative of the United States in charge, may be detrimental to the operation of the project.

The above interest is to be conveyed subject to existing easements for public roads and highways, public utilities, railroads and pipelines; reserving, however, to the Grantor, his heirs, executors, administrators and assigns all rights and privileges which may be used and enjoyed without interfering with or abridging the rights and easement hereby conveyed; provided that no structure for human habitation shall be constructed or maintained on said land, and provided further that no other structures shall be constructed or maintained on said land except as may be approved in writing by said representative of the United States in charge of the project; provided further that any exploration or exploitation of oil, gas and minerals shall not be subject to Federal and State laws with respect to pollution and shall not create floatable debris.

This deed, made this

DEED

day of

1963, by and between JoHN

DOE, a single man, of Cattaraugus County, New York, hereinafter referred to as the Grantor, and the UNITED STATES OF AMERICA, hereinafter referred to as the Grantee.

WITNESSETH:

($

THAT for and in consideration of the sum of ), the receipt and sufficiency of which are hereby acknowledged, the said Grantor does hereby grant, bargain, sell, convey and release unto the said Grantee and its assigns forever the perpetual right, power, privilege and easement in, upon, over and across the following described tract of land, designated as Tract No. Allegheny River Reservoir Project, for the purposes hereinafter set forth together with all right, title and interest in and to the structures and improvements now situate on the land, and all right, title and interest in and to the timber situate below elevation 1,333 feet, mean sea level, said tract being situate in the State of New York, and County of Cattaraugus, being more particularly bounded and described as follows:

(Description)

The perpetual and assignable easement and rights hereby conveyed in the above described tract of land are:

Occasionally to overflow, flood and submerge the land lying above elevation 1,328 feet, mean sea level, to 1,365 feet, mean sea level, in connection with the operation and maintenance of the Allegheny River Reservoir Project as author

KINZUA DAM

ized by the Acts of Congress, approved June 28, 1938 (Public Law 761-75th Congress), and August 18, 1941 (Public Law 228, 77th Congress), together with the continuing right to clear and remove any brush, debris and natural obstructions below elevation 1,333 feet, mean sea level, and the right to clear and remove only dead or fallen trees, logs, slash, fences and other floatable material from the land lying above elevation 1,333 feet, mean sea level, which, in the opinion of the representative of the United States in charge, may be detrimental to the operation of the project.

SUBJECT, however, to existing easements for public roads and highways, public utilities, railroads and pipelines; reserving, however, to the Grantor, his heirs, executors, administrators and assigns all rights and privileges which may be used and enjoyed without interfering with or abridging the rights and easement hereby conveyed; provided that no structure for human habitation shall be constructed or maintained on said land, and provided further that no other structures shall be constructed or maintained on said land except as may be approved in writing by said representative of the United States in charge of the project; provided further that any exploration or exploitation of oil, gas and minerals shall be subject to Federal and State laws with respect to pollution and shall not create flotable debris.

TO HAVE AND TO HOLD the premises and easement and rights herein conveyed with the appurtenances thereunto belonging unto the said Grantee, the United States of America, and its assigns, forever.

AND the said Grantor does hereby covenant and agree with the Grantee and its assigns that he, the said Grantor, for himself, his heirs, administrators, executors and assigns, shall and will warrant generally the easements and rights hereby conveyed and forever defend the above land with all and singular the rights and privileges thereto belonging unto the said Grantee and its assigns against the Grantor and against every other person or persons lawfully claiming or who shall hereafter claim any part thereof.

IN WITNESS WHEREOF, the said Grantor has hereto set his hand and seal the day and year first above written.

WITNESS:

STATE OF NEW YORK

[SEAL]

JOHN DOE

County of Cattaraugus, ss:

On this, the

day of

1963, before me, the undersigned

officer, personally appeared JOHN DOE, a single man, satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. [SEAL]

My Commission Expires:

Title of officer

(NOTE.-The following copies of instruments pertain to option and deed for the acquision of perpetual right to permanently inundate land below elevation 1328).

The undersigned, hereinafter called the Vendor, in consideration of the mutual covenants and agreements herein set forth, offers to sell and convey to the UNITED states of amERICA and its assigns, a permanent and assignable easement for the purpose set forth in Exhibit B, in, upon, over, and across that certain tract of land described in Exhibit A, hereto attached and made parts hereof.

The terms and conditions of this offer are as follows:

(1) The Vendor hereby agrees that this offer may be accepted by the United States, through any duly authorized representative, by delivering, mailing, or telegraphing a notice of acceptance to the Vendor at the address stated below, at any time within six (6) month(s) from the date hereof, whereupon this offer and the acceptance thereof become a binding contract.

(2) The United States agrees to pay to the Vendor for said easement and rights the sum of ($ ),

payable upon acceptance of this offer and approval of the Vendor's title; provided the Vendor can execute and deliver a good and sufficient general warranty deed conveying said easement and rights to the United States of America and its assigns, free and clear from all liens, encumbrances, said conveyance to be subject only to the existing easements and rights set forth in said Exhibit B.

(3) The Vendor agrees to satisfy of record, at or before conveying said easement and rights, such taxes, assessments, and encumbrances which are a lien against the land, as the United States may require, and, if the Vendor fails to do so, the United States may pay any taxes, assessments, and encumbrances which are a lien against the land; that the amount of any such payments by the United States shall be deducted from the purchase price of the easement; that the Vendor will, at the request of the United States and without prior payment or tender of the purchase price, execute and deliver the general warranty deed to the United States conveying the casement and rights herein described, pay the documentary revenue stamp tax, and obtain and record such other curative evidence of title as may be required by the United States.

(4) It is agreed that the United States will defray the expenses incident to the preparation and recordation of the deed to the United States and the procurement of the necessary title evidence.

(5) The Vendor agrees that the United States may, notwithstanding the prior acceptance of this offer, acquire title to said easement and rights by condemnation or other judicial proceedings, in which event the Vendor agrees to cooperate with the United States in the prosecution of such proceedings; agrees that the consideration hereinabove stated shall be the full amount of just compensation, inclusive of interest, for the taking of said casement and rights; agrees that any and all awards of just compensation that may be made in the proceeding to any defendant shall be payable and deductible from the said amount: and agrees that the said consideration shall also be in full satisfaction of any and all claims of the Vendor for the payment of the right of occupancy and use hereinafter provided for in paragraph (6).