Bill Text: NY A10083 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the approval, issuance and renewal of license and permit applications; notices of arrests for certain offenses committed at licensed premises; the sale of alcoholic beverages; the posting of required signs; and geographic exceptions to prohibitions on the issuance of licenses and permits; repeals certain sections of such law relating thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-09 - referred to economic development [A10083 Detail]

Download: New_York-2019-A10083-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10083

                   IN ASSEMBLY

                                      March 9, 2020
                                       ___________

        Introduced  by  M.  of A. SCHIMMINGER -- (at request of the State Liquor
          Authority) -- read once and referred  to  the  Committee  on  Economic
          Development

        AN  ACT  to amend the alcoholic beverage control law, in relation to the
          approval, issuance and renewal of  license  and  permit  applications,
          notices  of  arrests  for certain offenses committed at licensed prem-
          ises, the sale of alcoholic beverages, the posting of required  signs,
          and  geographic exceptions to prohibitions on the issuance of licenses
          and permits; and to repeal certain provisions  of  such  law  relating
          thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The alcoholic beverage control law is amended by  adding  a
     2  new section 20 to read as follows:
     3    § 20. Standard for approval. Except as provided for in subdivision six
     4  of  section  sixty-three,  paragraph (f) of subdivision seven of section
     5  sixty-four, paragraph (d) of subdivision seven of section  sixty-four-a,
     6  paragraph (c) of subdivision five of section sixty-four-b, paragraph (c)
     7  of subdivision eleven of section sixty-four-c, paragraph (e) of subdivi-
     8  sion  eight  of  section  sixty-four-d,  and subdivision four of section
     9  seventy-nine of this chapter, an application for any license  or  permit
    10  under this chapter shall be approved except for good cause shown.
    11    §  2.  Subdivision  1  of section 64 of the alcoholic beverage control
    12  law, as amended by chapter 531 of the laws of 1964, is amended  to  read
    13  as follows:
    14    1. Notwithstanding the provisions of subdivision two of section seven-
    15  teen  of this chapter, any person may make an application to the [appro-
    16  priate board] authority for a license to sell liquor  at  retail  to  be
    17  consumed  on the premises where sold[, and such licenses shall be issued
    18  to all applicants except for good cause shown].
    19    § 3. The section heading of  section  63  of  the  alcoholic  beverage
    20  control law, as amended by section 3 of part K of chapter 60 of the laws
    21  of 2004, is amended to read as follows

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15402-01-0

        A. 10083                            2

     1    [Seven  day  license] License to sell liquor at retail for consumption
     2  off the premises.
     3    §  4.  The  section  heading  of  section 79 of the alcoholic beverage
     4  control law, as amended by section 5 of part K of chapter 60 of the laws
     5  of 2004, is amended to read as follows:
     6    [Seven day license] License to sell wine at retail for consumption off
     7  the premises.
     8    § 5. Sections 82, 85 and 131 of the alcoholic beverage control law are
     9  REPEALED.
    10    § 6. Section 106-a of the alcoholic beverage control law, as added  by
    11  chapter 919 of the laws of 1976, subdivision 1 as amended by chapter 420
    12  of  the  laws of 1997 and subdivision 2 as amended by chapter 383 of the
    13  laws of 1998, is amended to read as follows:
    14    § 106-a. Notice of arrest and convictions. [1.]  When  an  arrest  for
    15  gambling  activity, illicit drug activity, prostitution activity, or for
    16  a breach of the peace or for a crime of a violent nature, or for a crime
    17  of weapons possession occurs or where the activity or  crime  has  taken
    18  place in a licensed premises, the arresting agency shall notify in writ-
    19  ing,  the authority and the district attorney of the county in which the
    20  licensed premises are located within two weeks of  the  arrest  and  set
    21  forth therein the name of the arrestee, the date of the arrest, the time
    22  of  the arrest, the exact place of the arrest, the name of the licensee,
    23  the name and address of the licensed premises, the offense  or  offenses
    24  allegedly  committed  by  the arrestee, the factual circumstances of the
    25  arrest, the name or names of  the  arresting  officer,  and  such  other
    26  information as may reasonably be required by the authority.
    27    [2.  Such  district  attorney  shall  maintain a written record of all
    28  notices forwarded as required by subdivision one  of  this  section  and
    29  where  the  arrestee  named  in  said  notice is convicted of either the
    30  offense charged or a lesser included offense as  defined  by  the  penal
    31  law,  the district attorney shall so notify the authority in writing. In
    32  addition, where a person is convicted of a violation of paragraph (b) of
    33  subdivision one  of  section  sixty-five-b  of  this  chapter  or  of  a
    34  violation  of subdivision one of section sixty-five of this chapter, the
    35  district attorney shall promptly notify the authority of such conviction
    36  in writing and  shall  include  in  such  notification  the  information
    37  required to be provided pursuant to subdivision one of this section.]
    38    §  7.  Subdivision  2 of section 109 of the alcoholic beverage control
    39  law, as amended by chapter 83 of the laws  of  1995  and  renumbered  by
    40  chapter 560 of the laws of 2011, is amended to read as follows:
    41    2.  The authority shall provide each licensee with instructions on how
    42  to file an application for renewal of  [a]  the  license  [issued  under
    43  section  sixty-four or sixty-four-a of this chapter] not less than sixty
    44  days prior to the expiration of the current license.
    45    § 8. Subdivision 1 of section 97 of  the  alcoholic  beverage  control
    46  law,  as  amended  by  section 19 of part Z of chapter 85 of the laws of
    47  2002, is amended to read as follows:
    48    1. The liquor  authority  is  hereby  authorized  to  issue  temporary
    49  permits  effective  for  a  period not to exceed twenty-four consecutive
    50  hours to authorize the sale of beer, cider, mead and wine  [manufactured
    51  in New York state] at outdoor or indoor gatherings, functions, occasions
    52  or  events, within the hours fixed by or pursuant to subdivision five of
    53  section one hundred six of this chapter, during which alcoholic beverag-
    54  es may lawfully be sold or served upon premises licensed to  sell  alco-
    55  holic  beverages  at retail for on-premises consumption in the community
    56  in which is located the premises  in  which  such  gathering,  function,

        A. 10083                            3

     1  occasion  or  event is held. The fee for such permit shall be twenty-six
     2  dollars. Such permit and the exercise of the privilege  granted  thereby
     3  shall  be  subject  to  such  rules  of the liquor authority as it deems
     4  necessary.
     5    §  9.  Paragraph  a  of subdivision 4 of section 81-a of the alcoholic
     6  beverage control law, as added by chapter 666 of the laws  of  1987,  is
     7  amended to read as follows:
     8    a.  No  such  license  shall  be issued to any person for any premises
     9  other than premises for which a license  may  be  issued  under  section
    10  [sixty-four] sixty-four-a of this chapter [or a hotel] or premises which
    11  are kept, used, maintained, advertised or held out to the public to be a
    12  place  where food is prepared and served for consumption on the premises
    13  in such quantities as to satisfy the liquor authority that the  sale  of
    14  wine  intended is incidental to and not the prime source of revenue from
    15  the operation of such premises. Such license may also include such suit-
    16  able space outside the licensed premises and  adjoining  it  as  may  be
    17  approved by the liquor authority.
    18    §  10. Subdivision 10 of section 105 of the alcoholic beverage control
    19  law, paragraph (a) as amended by chapter 679 of the  laws  of  1950,  is
    20  amended to read as follows:
    21    10.  (a)  [Each retail licensee of liquor and/or wine for off-premises
    22  consumption shall have conspicuously displayed within  the  interior  of
    23  the  licensed  premises where sales are made and where it can be readily
    24  inspected by consumers a printed price list of the liquors and/or  wines
    25  offered for sale therein; and no liquor and/or wine shall be sold except
    26  at the price set forth in such list;
    27    (b)]  No  screen, blind, curtain, partition, article or thing shall be
    28  permitted in the windows or upon the doors of  such  licensed  premises,
    29  which  shall  prevent  a  clear  view into the interior of such licensed
    30  premises from the sidewalk, at all times; and
    31    [(c)] (b) No booth, screen, partition or other  obstruction  shall  be
    32  permitted in the interior of said licensed premises.
    33    §  11. Subdivisions 20 and 23 of section 105 of the alcoholic beverage
    34  control law, subdivision 20 as amended by chapter 662  of  the  laws  of
    35  1985 and subdivision 23 as added by section 1 of part F of chapter 85 of
    36  the laws of 2002, are amended to read as follows:
    37    20.  Each  retail  licensee  of liquor and/or wine shall designate the
    38  price of each item of liquor  or  wine  by  attaching  to  or  otherwise
    39  displaying immediately adjacent to each such item displayed in the inte-
    40  rior  of the licensed premises where sales are made a price tag, sign or
    41  placard setting forth the bottle  price  at  which  each  such  item  is
    42  offered for sale therein; and no liquor and/or wine shall be sold except
    43  at the price designated.
    44    23.  All  premises  licensed under sections fifty-three-a, fifty-four,
    45  fifty-four-a, sixty-three [and], seventy-nine and seventy-six-f of  this
    46  chapter shall be subject to inspection by any peace officer described in
    47  subdivision  four  of  section 2.10 of the criminal procedure law acting
    48  pursuant to his special duties, or police officer or any duly authorized
    49  representative of the state liquor authority, during the hours when  the
    50  said premises are open for the transaction of business.
    51    § 12. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic
    52  beverage control law, as amended by section 1 of part E of chapter 56 of
    53  the laws of 2006, is amended to read as follows:
    54    (a)  No  brand  of  liquor  or wine shall be sold to or purchased by a
    55  wholesaler, irrespective of the place of  sale  or  delivery,  unless  a
    56  schedule, as provided by this section, is transmitted to and received by

        A. 10083                            4

     1  the  liquor  authority,  and  is  then in effect. Such schedule shall be
     2  transmitted to the authority in such form, manner, medium and format  as
     3  the  authority  may  direct; shall be deemed duly verified by the person
     4  submitting  such  schedule  upon  its transmission to the authority; and
     5  shall contain, with respect to each item, the exact brand or trade name,
     6  capacity of package, nature of contents, age and proof where  stated  on
     7  the  label, the number of bottles contained in each case, the bottle and
     8  case price to wholesalers, the net bottle and case  price  paid  by  the
     9  seller,  which  prices,  in  each instance, shall be individual for each
    10  item and not in "combination" with any other  item,  the  discounts  for
    11  quantity,  if  any,  and the discounts for time of payment, if any. Such
    12  brand of liquor or wine shall not be sold to wholesalers except  at  the
    13  price  and  discounts  then in effect unless prior written permission of
    14  the authority is granted for good cause shown and for reasons not incon-
    15  sistent with the purpose of this chapter. Such schedule shall be  trans-
    16  mitted  by (1) the owner of such brand, or (2) a wholesaler selling such
    17  brand and who is designated as agent for  the  purpose  of  filing  such
    18  schedule  if the owner of the brand is not licensed by the authority, or
    19  (3) a licensed importer selling such brand and who is designated by  the
    20  brand  owner  to  import  such  brand  into  this state, or (4) with the
    21  approval of the authority, by a wholesaler, in the event that the  owner
    22  of  the brand is unable to transmit a schedule or designate an agent for
    23  such purpose. As used in this  subdivision  the  term  "item"  shall  be
    24  deemed  to  include a sealed, pre-wrapped package consisting of a sealed
    25  container of liquor, wine or wine product and other merchandise  reason-
    26  ably  used  in  connection  with  the preparation, storage or service of
    27  liquor, wine or wine products provided that such other merchandise shall
    28  not be potable or edible.
    29    § 13. Subdivision 4 of section 126 of the alcoholic  beverage  control
    30  law,  as  amended  by section 50 of subpart B of part C of chapter 62 of
    31  the laws of 2011, is amended to read as follows:
    32    4. A copartnership, limited liability company or a corporation, unless
    33  each member of the partnership, each  managing  member  of  the  limited
    34  liability company or each of the principal officers and directors of the
    35  corporation,  is  a  citizen  of  the United States or an alien lawfully
    36  admitted for permanent residence in the United  States,  not  less  than
    37  twenty-one years of age, and has not been convicted of any felony or any
    38  of  the  misdemeanors,  specified in section eleven hundred forty-six of
    39  the former penal law as in force and effect immediately prior to Septem-
    40  ber first, nineteen hundred sixty-seven, or of  an  offense  defined  in
    41  section  230.20  or  230.40  of  the  penal  law, or if so convicted has
    42  received, subsequent to such conviction, an  executive  pardon  therefor
    43  removing  this  disability  a certificate of good conduct granted by the
    44  department of corrections and community supervision, or a certificate of
    45  relief from disabilities granted by the department  of  corrections  and
    46  community  supervision  or  a  court  of  this  state  pursuant  to  the
    47  provisions of article twenty-three of the correction law to  remove  the
    48  disability  under  this  section  because  of  such conviction; provided
    49  however that a corporation which otherwise conforms to the  requirements
    50  of  this  section  and  chapter may be licensed if each of its principal
    51  officers and more than one-half of its directors  are  citizens  of  the
    52  United States or aliens lawfully admitted for permanent residence in the
    53  United  States;  and provided further that a corporation organized under
    54  the not-for-profit corporation law or the education law which  otherwise
    55  conforms to the requirements of this section and chapter may be licensed
    56  if  each  of its principal officers and more than one-half of its direc-

        A. 10083                            5

     1  tors are not less than twenty-one years of age and none of its directors
     2  are less than eighteen years of age; and provided further that a  corpo-
     3  ration  organized under the not-for-profit corporation law or the educa-
     4  tion  law and located on the premises of a college as defined by section
     5  two of the education law which otherwise conforms to the requirements of
     6  this section and chapter may be licensed if each of its principal  offi-
     7  cers and each of its directors are not less than eighteen years of age.
     8    §  14.  Paragraph (a) of subdivision 1 of section 110 of the alcoholic
     9  beverage control law is amended by adding a  new  subparagraph  (iv)  to
    10  read as follows:
    11    (iv)  If the applicant is a limited liability company, the name of the
    12  applicant, its main business address (and if such main business  address
    13  is not within the state, the address of its main place of business with-
    14  in  the  state), other names by which it has been known or has conducted
    15  business at any time, its telephone number, its federal  employer  iden-
    16  tification  number, and the names, ages, citizenship, and permanent home
    17  addresses of its managing member and its  non-managing  members  (except
    18  that  if there be more than ten non-managing members then those non-man-
    19  aging members owning ten percent or more of the company).
    20    § 15. Section 65-d of the alcoholic beverage control law, as added  by
    21  chapter  838  of  the  laws  of 1981, subdivisions 1 and 2 as amended by
    22  chapter 225 of the laws of 1989, and such section as renumbered by chap-
    23  ter 592 of the laws of 1989, is amended to read as follows:
    24    § 65-d. Posting of signs. 1. (a) The authority  shall  [prepare,  have
    25  printed and distribute across the state to all persons with a license to
    26  sell alcoholic beverages for consumption on the premises or a license to
    27  sell  alcoholic  beverages for consumption off the premises] make avail-
    28  able by electronic means a sign or  poster  with  conspicuous  lettering
    29  that states the following:
    30    "WARNING
    31    No person shall sell or give away any alcoholic beverages to:
    32    1. any person under the age of twenty-one years; or
    33    2. any visibly intoxicated person.
    34    IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
    35  TWENTY-ONE  TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU-
    36  DULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE
    37  ANY ALCOHOLIC BEVERAGE".
    38    [Such sign or poster shall be captioned with the word "warning" in  at
    39  least two inch lettering.]
    40    (b) The authority shall prepare and make available by electronic means
    41  a  sign  or poster eight and one-half inches in height and eleven inches
    42  in width with conspicuous lettering that states:
    43    "Government Warning:
    44    According to the Surgeon General, women  should  not  drink  alcoholic
    45  beverages during pregnancy because of the risk of birth defects".
    46    2.  All  persons  with a license [to sell] that allows for the sale of
    47  alcoholic beverages for consumption on the premises  or  [a  license  to
    48  sell  alcoholic  beverages  for  consumption]  off  the  premises  shall
    49  display, in an upright position and in a conspicuous place, where it can
    50  be easily read by the clientele of the establishment, [the] a full sized
    51  copy of each such sign [or poster upon receiving it from the authority].
    52  Such signs shall be placed as close as possible to the place where alco-
    53  holic beverages are sold.
    54    3. Any person with such license who violates the  provisions  of  this
    55  section  shall  be subject to a civil penalty, not to exceed one hundred
    56  dollars for each day of violation.

        A. 10083                            6

     1    § 16. Subdivisions 2, 3 and 4 of section 105-b of the alcoholic bever-
     2  age control law are REPEALED.
     3    §  17.  The  alcoholic beverage control law is amended by adding a new
     4  section 165 to read as follows:
     5    § 165. Geographic exceptions to licensing  prohibitions.  1.  Notwith-
     6  standing the provisions of subdivision one of section one hundred one of
     7  this chapter the authority may issue a brewer's license pursuant to this
     8  section  for a premises which shall be located wholly within the town of
     9  Hyde Park, county of Dutchess, state of New York, known  and  designated
    10  as  Lot  No.  1 shown on a map entitled "Subdivision for Piney" filed in
    11  the Dutchess County Clerk's Office as Map No. 8764, being  more  partic-
    12  ularly bounded and described as follows:
    13    BEGINNING  at  a  point  on the easterly line of State Highway Route 9
    14  (also known as Albany Post Road) at the northwest corner of  the  herein
    15  described  parcel  and the southwest corner of the lands now or formerly
    16  of Friendly Ice Cream Corp.; thence along the division line between  the
    17  herein  described  parcel and the last mentioned lands; South 77 deg 10'
    18  10" East 310.17 feet to the northeast corner  of  the  herein  described
    19  parcel  and  the southeast corner of the last mentioned lands at a point
    20  on the westerly line of other lands of Fernando Piney which  are  desig-
    21  nated as Lot No. 1 as shown of Filed Map 5678; thence along the division
    22  line between the herein described parcel and the last described lands of
    23  Piney.  South 06 deg 34' 20" West 157.76 feet to the southeast corner of
    24  the herein described parcel and the northeast corner of  Lot  No.  2  as
    25  shown  on Filed Map No. 8764; thence along the northerly line of Lot No.
    26  2 as shown on the last mentioned filed map. North 81 deg  25'  42"  West
    27  155.26  feet  and South 87 deg 45' 20" West 155.00 feet to the southwest
    28  corner of Lot No. 1 and the northwest corner of Lot No. 2 at a point  on
    29  the  easterly  line  of State Highway Route 9; thence along the easterly
    30  line of State Highway Route 9. North 06 deg 34' 20" East 210.00 feet  to
    31  the  point  of beginning. Being the same premises as conveyed to Anthony
    32  Lobianco, Joseph Lobianco and Carmelo DeCicco by deed of Universal  Land
    33  Abstract,  as agent of the grantor, Fernando Piney, dated March 21, 1995
    34  and recorded in the office of the Dutchess County Clerk on such date  as
    35  Receipt  no. R12437, Batch record no. A00209; Being the same premises as
    36  conveyed to Angela DeCicco by deed of Schirmer Hrdlicka & Strohsahl,  as
    37  agent  of  the  grantor,  Carmelo  DeCicco,  dated November 17, 2003 and
    38  recorded in the office of the Dutchess County Clerk on December 9,  2004
    39  as  document  no.  02  2004  12028, Receipt no. R98669, Batch record no.
    40  C00440.
    41    2. Notwithstanding the provisions  of  paragraph  (a)  of  subdivision
    42  seven  of  section sixty-four of this chapter, the authority may issue a
    43  retail license for on-premises consumption for a premises which shall be
    44  within two hundred feet of a building occupied exclusively as  a  school
    45  church, synagogue or other place of worship:
    46    (a) provided such premises constitutes a premises for the sale of food
    47  or  beverages  at retail for consumption on the premises and/or an over-
    48  night lodging facility located  wholly  within  the  boundaries  of  the
    49  borough  of  Manhattan  in  the city and county of New York, bounded and
    50  described as follows:
    51    BEGINNING at a point on the southerly side of 49th Street, distant 160
    52  feet easterly from the corner formed by the intersection of the souther-
    53  ly side of 49th Street with the easterly side  of  8th  Avenue;  running
    54  thence  southerly,  parallel  with  8th  Avenue and part of the distance
    55  through a party wall, 100 feet 5 inches to the center line of the  block
    56  between  48th and 49th Streets; thence easterly along the center line of

        A. 10083                            7

     1  the block, 40 feet; thence northerly, parallel with 8th Avenue and  part
     2  of the distance through a party wall, 100 feet 5 inches to the southerly
     3  side  of  49th  Street; thence westerly along the southerly side of 49th
     4  Street,  40  feet  to the point or place of beginning. Premises known as
     5  240 and 242 West 49th Street, New York City.  Being  the  same  premises
     6  described  in  deed  made by Hotel Mayfair Inc. to Harry Etkin and Freda
     7  Rubin, dated 1/23/50 and recorded 1/27/50 in liber 4657 Cp. 250.
     8    (b) provided such premises constitutes a premises for the sale of food
     9  or beverages at retail for consumption on the  premises  located  wholly
    10  within  the boundaries of the county of Ulster, bounded and described as
    11  follows:
    12    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
    13  improvements erected thereon, situated in  the  Village  of  Ellenville,
    14  Town of Wawarsing, County of Ulster and State of New York, being further
    15  bounded and described as follows:
    16    Beginning  at  a  three-quarter  inch  diameter  iron rod found on the
    17  southwesterly bounds of Canal Street, marking the  northeasterly  corner
    18  of  the lands, now or formerly, John Georges, as described in liber 2645
    19  of deeds at page 278.
    20    Thence along the southeasterly bounds of the lands  of  John  Georges,
    21  passing  1.42  feet  northwesterly  from the southwesterly corner of the
    22  building situated on the premises described  herein,  South  thirty-nine
    23  degrees,  forty-one  minutes,  fifty-two seconds West, one hundred fifty
    24  and zero hundredths feet (S 39-41-52 W, 150.00')  to  the  northeasterly
    25  bounds  of  the  lands,  now or formerly, Thomas Powers, as described in
    26  liber 1521 of deeds at page 749. Thence along the  northeasterly  bounds
    27  of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
    28  sixteen  seconds East, twenty-eight and zero hundredths feet (S 50-39-16
    29  E, 28.00').
    30    Thence passing 1.92 feet southeasterly from the  southeasterly  corner
    31  of  the  building situated on the premises described herein. North thir-
    32  ty-nine degrees, forty-one minutes, fifty-two seconds East, one  hundred
    33  fifty  and zero hundredths feet (N 39-41-52 E, 150.00') to the southwes-
    34  terly bounds of Canal Street.
    35    Thence along the southwesterly bounds of  Canal  Street,  North  fifty
    36  degrees,  thirty-nine  minutes,  sixteen  seconds West, twenty-eight and
    37  zero hundredths feet (N 50-39-16 W, 28.00') to the point of beginning.
    38    Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
    39    Being the same premises as conveyed by deed dated  September  2,  1999
    40  from  Chris M. Camio as Executor of the Last Will and Testament of Alice
    41  Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack  Harris  and
    42  Alfred S. Dannhauser and recorded in the Ulster County Clerk's Office on
    43  September 15, 1999 in Liber 2966 at page 291.
    44    The undivided interests of John Harris and Alfred S. Dannhauser having
    45  been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
    46  in the Ulster County Clerk's Office in Liber 3213 p 65.
    47    (c) provided such premises constitutes a premises for the sale of food
    48  or  beverages  at retail for consumption on the premises and/or an over-
    49  night lodging facility located  wholly  within  the  boundaries  of  the
    50  borough  of  Manhattan  in  the city and county of New York, bounded and
    51  described as follows:
    52    Beginning at a point on the southerly side  of  46th  street,  distant
    53  three  hundred  fifty  (350) feet westerly from the corner formed by the
    54  intersection of the westerly side of Sixth Avenue with the said souther-
    55  ly side of 46th street. Running thence southerly parallel with the  said
    56  westerly  side  of  Sixth  Avenue and for part of the distance through a

        A. 10083                            8

     1  party wall, one hundred (100) feet  four  (4)  inches;  thence  westerly
     2  parallel  with  the  southerly  side  of  46th street, eighty (80) feet;
     3  thence northerly again parallel with the westerly side of Sixth  Avenue,
     4  one  hundred  (100)  feet  four (4) inches to the southerly side of 46th
     5  street; and thence easterly  along  the  said  southerly  side  of  46th
     6  street,  eighty  (80)  feet to the point or place of beginning. Premises
     7  known as 130 West 46th Street, New York City. Being  the  same  premises
     8  described in deed made by Massachusetts Mutual Life Insurance Company to
     9  West  46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
    10  Office of the City Register, New York County, on  February  6,  2007  as
    11  CFRN 2007000069808.
    12    (d) provided such premises constitutes a premises for the sale of food
    13  or  beverages  at  retail for consumption on the premises located wholly
    14  within the boundaries of the county of Ulster, bounded and described  as
    15  follows:
    16    THOSE  THREE  BUILDING LOTS situate on the northeasterly side of Union
    17  Avenue in the city of Kingston,  between  Thomas  and  Cornell  Streets,
    18  known and distinguished upon a map of the property of the estate of said
    19  Thomas  Cornell made by B.B. Codwise, Civil Engineer, bearing date April
    20  11th, 1888, as lot five (5) six (6) and seven (7)  upon  said  map,  and
    21  bounded and described as follows:
    22    BEGINNING  at the west corner of lot seven which is also the corner of
    23  Cornell Street, where it intersects with Union  Avenue,  and  runs  from
    24  thence in the southerly bounds of Cornell Street, N. 48 degrees 10' east
    25  the  distance  of  one hundred and thirty-eight (138) feet, to the south
    26  bounds of lot (8) eight as laid down upon said map, thence along in  the
    27  south  bounds of lot (8) aforesaid S. 41 degrees 50' east along the rear
    28  of lots seven, six and five (7, 6 & 5)  as  aforesaid  the  distance  of
    29  seventy-two  (72)  feet  to  a  lot of land owned by Max Oppenheimer and
    30  known on said map as lot four (4); thence in the division  line  between
    31  lot  four  and  five as laid down upon said map, south 48 degrees 10' W.
    32  one hundred and twenty-two (122) feet, and fifty-four  hundredths  of  a
    33  foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;
    34  thence  along in said northeasterly bounds of said Union Avenue north 53
    35  degrees 57' west along the front of said lots five, six and seven (5,  6
    36  &  7)  the distance of seventy-three feet and sixty-five hundredths of a
    37  foot (73 65/100 feet) to the place of beginning;  and  a  part  of  said
    38  premises being a part of the same that was conveyed to Thomas Cornell by
    39  Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the
    40  office  of  the  Clerk of Ulster County in book No. 204 of deeds at page
    41  403 March 6th, 1877, the balance of the property hereinbefore  described
    42  and  herein  intended  to  be conveyed was conveyed to Thomas Cornell by
    43  James E. Ostrander and wife by deed bearing date February 8th, 1869, and
    44  recorded in Ulster County Clerk's Office in book 175 of  deeds  at  page
    45  29, February 6th, 1872.
    46    (e)  provided such premises constitute a premises for the sale of food
    47  or beverages at retail for consumption on the  premises  located  wholly
    48  within  the boundaries of the borough of Brooklyn in the county of Kings
    49  and the city of New York, bounded and described as follows:
    50    Beginning at a point on the westerly side of Washington Avenue distant
    51  636.45 feet southerly from the intersection of  the  southerly  side  of
    52  Eastern Parkway and westerly side of Washington Avenue, said point being
    53  the point of beginning; Running thence southerly along the westerly side
    54  of  Washington  Avenue, a distance of 345.43 feet; thence westerly along
    55  the line forming an interior  angle  with  the  previous  course  of  90
    56  degrees  00 minutes 00 seconds, a distance of 122.68 feet; Thence north-

        A. 10083                            9

     1  erly along the line forming an interior angle with the  previous  course
     2  of  58  degrees 50 minutes 53 seconds, a distance of 123.94 feet; Thence
     3  northerly along the line forming an exterior  angle  with  the  previous
     4  course  of  159 degrees 18 minutes 33 seconds, a distance of 36.59 feet;
     5  Thence northerly along the line  forming  an  exterior  angle  with  the
     6  previous  course  of  169  degrees  36 minutes 23 seconds, a distance of
     7  26.26 feet; Thence westerly along the line  forming  an  exterior  angle
     8  with  the  previous  course  of  123  degrees  49  minutes 33 seconds, a
     9  distance of 58.57 feet; Thence southwesterly along the line  forming  an
    10  exterior  angle  with  the  previous course of 129 degrees 53 minutes 13
    11  seconds, a distance of 108.38 feet; Thence westerly, a distance of 84.05
    12  feet along a curve to the right, which has a radius of 192.59 feet,  and
    13  having  a  central  angle  of  25°00'14"; Thence westerly, a distance of
    14  58.94 feet along a curve to the right, which  has  a  radius  of  181.42
    15  feet,  and  having  a  central  angle  of  18°36'54". Thence westerly, a
    16  distance of 354.56 feet; Thence northerly  along  the  line  forming  an
    17  interior  angle  with  the  previous  course of 90 degrees 14 minutes 09
    18  seconds, a distance of 114.49 feet; Thence easterly along the line form-
    19  ing an exterior angle with the previous course of 286 degrees 53 minutes
    20  22 seconds, a distance of 7.54 feet;  Thence  easterly  along  the  line
    21  forming  an  interior  angle  with the previous course of 195 degrees 07
    22  minutes 53 seconds, a distance of 159.88 feet; Thence easterly along the
    23  line forming an interior angle with the previous course of  193  degrees
    24  52  minutes 57 seconds, a distance of 161.51 feet; Thence westerly along
    25  the line forming an interior angle  with  the  previous  course  of  257
    26  degrees  31  minutes  43  seconds,  a  distance  of  116.17 feet; Thence
    27  northeasterly, a distance of 7.07 feet along a non-tangent curve to  the
    28  right,  having a radius of 4.50 feet, a central angle of 89°59'10" and a
    29  chord of 6.36 feet, which chord makes an interior angle with the  previ-
    30  ous  course  of 135 degrees 01 minutes 12 seconds; Thence easterly along
    31  the line forming an interior angle with the chord  of  the  above-refer-
    32  enced  curve  of 135 degrees 01 minutes 17 seconds, a distance of 135.59
    33  feet; Thence easterly, a distance of  81.93  feet  along  a  non-tangent
    34  curve  to  the  left, having a radius of 272.93 feet, a central angle of
    35  17°11'59" and a chord of 81.63 feet, which chord makes an interior angle
    36  with the previous course of 186 degrees 52 minutes  37  seconds;  Thence
    37  easterly  along the line forming an interior angle with the chord of the
    38  above-referenced curve of 192 degrees 21 minutes 11 seconds, a  distance
    39  of  38.24 feet; Thence easterly along the line forming an interior angle
    40  with the previous course  of  183  degrees  09  minutes  51  seconds,  a
    41  distance of 21.53 feet to the point of beginning.
    42    (f) provided such premises constitutes a premises for the sale of food
    43  or  beverages  at  retail for consumption on the premises located wholly
    44  within the boundaries of the county of Kings, bounded and  described  as
    45  follows:
    46  ALL  that  certain plot, piece or parcel of land situate lying and being
    47  in the Borough of Brooklyn, County of Kings, City and State of New York,
    48  bounded and described as follows:
    49    BEGINNING at the corner formed by the intersection  of  the  southerly
    50  side of Synder Avenue, with the easterly side of Bedford Avenue;
    51    THENCE  easterly along the southerly side of Synder Avenue, 99 feet 10
    52  inches;
    53    THENCE southerly parallel with Medford Avenue, 80 feet 11  1/6  inches
    54  to the center line of Union Street, as shown on the Bergen Map;
    55    THENCE  westerly  along the center line of Union Street, as aforesaid,
    56  99 feet 10 inches to the easterly side of Bedford Avenue;

        A. 10083                           10

     1    THENCE northerly along the easterly side of Bedford  Avenue,  81  feet
     2  1/8 inches to the point or place of BEGINNING.
     3    (g)  provided such premises constitute a premises for the sale of food
     4  or beverages at retail for consumption on the  premises  located  wholly
     5  within  the  boundaries of the county of Kings, bounded and described as
     6  follows:
     7    BEGINNING at a point on the northerly side of  Grand  Street,  distant
     8  three  hundred  and  nineteen  feet  and  three inches easterly from the
     9  corner formed by the intersection of the northerly of Grand Street  with
    10  the  easterly  side  of  Berry  (formerly  Third) Street, which point of
    11  beginning is where a line drawn along the easterly wall of the house now
    12  or formerly owned by one Schaefer intersects the northerly side of Grand
    13  Street; running thence northerly along the easterly wall  of  the  house
    14  now  or formerly owned by one Schaefer, seventy one feet and six inches;
    15  thence easterly nearly parallel with Grand  Street,  eighteen  feet  and
    16  five  inches;  thence  southerly,  seventy  feet and seven inches to the
    17  northerly side of Grand Street at a point, sixteen  feet  easterly  from
    18  the  point  of  beginning;  thence  westerly along the northerly side of
    19  Grand Street, sixteen feet.
    20    (h) provided such premises constitutes a premises for the sale of food
    21  or beverages at retail for consumption on the  premises  located  wholly
    22  within the boundaries of the borough of Manhattan in the city and county
    23  of New York, bounded and described as follows:
    24    BEGINNING  at  the  corner formed by the intersection of the southerly
    25  side of Fulton Street with the westerly side of Broadway;
    26    RUNNING THENCE southerly along the westerly side of Broadway, 78  feet
    27  11 1/2 inches to an angle point, in said westerly side of Broadway;
    28    THENCE  southerly still along the westerly side of Broadway, 75 feet 3
    29  inches to the corner formed by the intersection of the westerly side  of
    30  Broadway with the northerly side of Dey Street;
    31    THENCE westerly along the northerly side of Dey Street, 275 feet 6 3/4
    32  inches;
    33    THENCE  northerly  along  a  line which forms an angle on its westerly
    34  side with the northerly side of Dey Street of 91 degrees 21  minutes  50
    35  seconds, 77 feet 5 1/2 inches;
    36    THENCE  easterly  along  a  line which forms an angle on its southerly
    37  side with the last described course of 91 degrees 21 minutes 50 seconds,
    38  75 feet 4 5/8 inches;
    39    THENCE northerly along a line which forms an  angle  on  its  westerly
    40  side with the last described course of 91 degrees 00 minutes 00 seconds,
    41  77 feet 5 1/4 inches to the southerly side of Fulton Street;
    42    THENCE  easterly  along the southerly side of Fulton Street, 99 feet 8
    43  inches to an angle point on said southerly side of Fulton Street;
    44    THENCE easterly still along the southerly side of Fulton  Street,  100
    45  feet 2 1/2 inches to the point or place of BEGINNING.
    46    TOGETHER  with  benefits  and  subject  to the terms contained in that
    47  certain Easement and License  Agreement  dated  as  of  April  20,  1993
    48  between  Kalikow  Fulton  Church Realty Company and 195 Property Company
    49  and recorded on May 10, 1993 in Reel 1969 page 1310.
    50    (i) provided such premises constitutes a premises for the sale of food
    51  or beverages at retail for the consumption on the premises located whol-
    52  ly within the boundaries of the county of Ulster, bounded and  described
    53  as follows:
    54    All  that  piece  or  parcel of land, situate in the City of Kingston,
    55  County of Ulster and State of New York described as  follows:  Beginning
    56  at  a  spike in the concrete sidewalk on the south bounds of Main Street

        A. 10083                           11

     1  at its intersection with the west bounds of Fair Street; Thence south  8
     2  degrees  10  hours  9  minutes east along the west bounds of Fair Street
     3  105.31 feet to a spike in line with a  three  story  brick  building  on
     4  lands  now  or  formerly  Norman  G.  Lebhar and John W. Krueger (L.1516
     5  P.425); Thence south 83 degrees 26 hours  38  minutes  west  along  said
     6  building  and lands of Lebhar and Krueger 46.27 feet to a corner of said
     7  building; Thence north 8 degrees 4 hours 13 minutes west along lands now
     8  or formerly Lawrence A. Quilty and others (L.1422 P.123) and  along  the
     9  brick  building  on  the  herein  described  parcel  102.62  feet  to  a
    10  reinforcement rod set on the south bounds of Main Street;  Thence  north
    11  80  degrees  6  hours  32  minutes east along said bounds of Main Street
    12  46.10 feet to the point and place of beginning. Being the same  premises
    13  as  conveyed  by  Bernard R. Herzberg and the Estate of Rosalyn M. Nave,
    14  Margaret D. Huff, Executrix to Mark J. Berlanga by deed dated  September
    15  15,  1995  and recorded in the Ulster County Clerk's Office on September
    16  20, 1995 in Liber 2525 of Deeds at Page 200.
    17    (j) provided such premises constitute a premises for the sale of  food
    18  or  beverages  at  retail for consumption on the premises located wholly
    19  within the boundaries of the county of Erie, bounded  and  described  as
    20  follows:
    21    ALL  that certain plot, piece or parcel of land situate in the City of
    22  Buffalo, County of Erie and state of New York, being part of Lot No. 77,
    23  Township 11, Range 8 of the Holland Land Company's Survey,  and  further
    24  distinguished as parts of subdivision Lots 1 and 2 in Block "D" as shown
    25  on a map filed in the Erie County Clerk's Office under Cover No. 781 and
    26  more particularly bounded and described as follows:
    27    BEGINNING at the point of intersection of the northerly line of Hertel
    28  Avenue  as  now laid out 100 feet wide with the easterly line of Saranac
    29  Avenue; thence northerly along the easterly line of Saranac  Avenue  120
    30  feet;  thence  easterly  parallel  with  Hertel  Avenue 100 feet; thence
    31  southerly parallel with Saranac Avenue and along the  easterly  line  of
    32  said subdivision Lot No. 2, a distance of 120 feet to the northerly line
    33  of  Hertel  Avenue; thence westerly along said line of Hertel Avenue 100
    34  feet to the point of beginning.
    35    (k) provided such premises constitute a premises for the sale of  food
    36  or  beverages  at  retail for consumption on the premises located wholly
    37  within the boundaries of the county of Erie, bounded  and  described  as
    38  follows:
    39    ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, Coun-
    40  ty  of Erie and State of New York, being part of Lot No.48, Township 11,
    41  Range 8 of the Holland Land Company's Survey, described as follows:
    42    BEGINNING at a point in the easterly line of  Elmwood  Avenue  distant
    43  191.1  feet  north  of the intersection of said easterly line of Elmwood
    44  Avenue with the northerly line of Bird Avenue; running thence  northerly
    45  along  the said easterly line of Elmwood Avenue 63 feet; thence easterly
    46  at right angles with Elmwood Avenue 140 feet; thence southerly  parallel
    47  with  Elmwood Avenue 63 feet; thence westerly at right angles to Elmwood
    48  Avenue 140 feet to the said easterly line of Elmwood Avenue to the point
    49  or place of beginning.
    50    All that Tract or Parcel of Land, situate  in  the  City  of  Buffalo,
    51  County  of Erie and State of New York, being part of Lot No. Forty-Eight
    52  (48), Township Eleven (11) and Range  Eight  (8)  of  the  Holland  Land
    53  Company's survey and bounded and described as follows:
    54    BEGINNING  at  a  point  in  the  easterly  line of Elmwood Avenue One
    55  Hundred Sixty and one-tenth (160.10)  feet  northerly  from  its  inter-
    56  section with the northerly line of Bird Avenue, running thence northerly

        A. 10083                           12

     1  on  said  easterly  line  of Elmwood Avenue Thirty-one (31) feet; thence
     2  easterly at right angles to Elmwood Avenue One Hundred forty (140) feet;
     3  thence southerly parallel with  Elmwood  Avenue  Thirty-one  (31)  feet;
     4  thence  westerly  at  right  angles to Elmwood Avenue, One Hundred forty
     5  (140) feet to the easterly line of Elmwood Avenue at the place of begin-
     6  ning.
     7    All that Tract or Parcel of Land, situate  in  the  City  of  Buffalo,
     8  County of Erie and State of New York, being part of Lot No. 48, Township
     9  11,  Range  8  of  the  Holland  Land  Company's  Survey and bounded and
    10  described as follows:
    11    BEGINNING at a point in the  east  line  of  Elmwood  Avenue,  distant
    12  321.50 feet south from the intersection of said east line with the south
    13  line  of  Forest  Avenue;  thence  south  along the east line of Elmwood
    14  Avenue, 49 feet to a point; thence east at right angles to the east line
    15  of Elmwood Avenue, 140 feet to a point, thence north, parallel with  the
    16  east  line  of  Elmwood  Avenue,  49  feet  to a point; thence west in a
    17  straight line, 140 feet to the point of beginning.
    18    (l) provided such premises constitute a premises for the Lewiston fire
    19  department located  wholly  within  the  boundaries  of  the  county  of
    20  Niagara, bounded and described as follows:
    21    ALL  that certain plot, piece or parcel of land situate in the Village
    22  of Lewiston, County of Niagara and state of New York, being New Lot  "C"
    23  according to a map made by James M. McIntyre, Surveyor, on April 8, 2011
    24  and  filed in the Niagara County Clerk's Office on June 13, 2012 in Book
    25  64 of Microfilmed Maps, at page  6441m  showing  re-subdivision  of  Old
    26  Sublots  169  and  170  on  the east side of the North Fifth Street; and
    27  sublots 154, 155 and 156 on the south side of Onondaga Street  as  shown
    28  on  Map  of Part 1 of said Village made by J.P. Haines, C.E. in 1839 and
    29  filed with the Deed Atlas in Niagara County Clerk's Office, and  bounded
    30  and described as follows:
    31    BEGINNING at a point in the intersection of the south line of Onondaga
    32  Street  and  the west line of North Sixth Street; thence south along the
    33  west line of North Sixth Street, a distance of 264.00 feet; thence  west
    34  at an interior angle of 90°10'33", a distance of 198.00 feet to the east
    35  line  of  North  Fifth Street; thence north along the east lone of North
    36  Fifth Street, at an interior angle of 89°29'47", a  distance  of  132.00
    37  feet;  thence  east  at  an  interior  angle of 90°10'33", a distance of
    38  102.00 feet; thence north at an exterior angle of 90°10'33", a  distance
    39  of  132.00  feet to the south line of Onondaga Street; thence east along
    40  the south line of Onondaga Street, a distance of 96.00 feet to the point
    41  of beginning.
    42    (m) provided such premises constitute a premises for the sale of  food
    43  or  beverages  at  retail for consumption on the premises located wholly
    44  within the boundaries of the county of Jefferson, bounded and  described
    45  as follows:
    46    ALL that certain lot, piece or parcel of land, situated in the City of
    47  Watertown,  County  of  Jefferson  and  State  of New York, described as
    48  follows:
    49    BEGINNING in the westerly margin of Massey Street where it  intersects
    50  the southerly margin of Prospect Street;
    51    THENCE  southerly  along the margin of said Massey Street about 6 rods
    52  and 1/4 of a rod to land formerly owned by Ed. Bohl;
    53    THENCE westerly at right angles along the northerly line of said  Bohl
    54  lot to a point therein 34 feet from the southeasterly corner of a lot of
    55  land conveyed to Charles J. Gillingham by James A. Bell about 115 feet 7
    56  inches;

        A. 10083                           13

     1    THENCE  northerly  at right angles and parallel with the easterly line
     2  of said Gillingham's lot about 6 1/4 rods to Prospect Street;
     3    THENCE  easterly along the south margin of said Prospect Street to the
     4  place of beginning, and all the  lands  belonging  to  the  land  hereby
     5  conveyed and lying in front of the same Massey and Prospect Streets;
     6    BEING  the  same  premises conveyed to Vincent Cavallerio and Adrianna
     7  Cavallario by Joseph Scarabino, by deed dated May 27, 1977, and recorded
     8  in the Jefferson County Clerk's office on May 27, 1977 in Liber  881  of
     9  Deeds  at  page 418. Vincent Cavallario died in the City of Watertown on
    10  August 17, 1984;
    11    ALSO BEING the same premises conveyed to Adriana Cavallario and  Peter
    12  G.    Cavallario, as Trustees of the living Trust of Adriana Cavallario,
    13  under agreement dated  October  14,  1995,  by  Adriana  Cavallaria,  by
    14  warranty deed dated October 24, 1995 and recorded in the Jefferson Coun-
    15  ty Clerk's office on November 8, 1995 in Liber 1483 at Page 15;
    16    ALSO  BEING  the premises known as 133 North Massey Street, Watertown,
    17  New York.
    18    (n) provided such premises constitute a premises for the sale of  food
    19  or  beverages  at  retail for consumption on the premises located wholly
    20  within the boundaries of the county of Washington, bounded and described
    21  as follows:
    22    ALL THAT CERTAIN PARCEL OF LAND located at the southeasterly corner of
    23  the intersection of Main Street and  Maple  Street  in  the  Village  of
    24  Hudson Falls, Washington County, New York, and which said parcel in more
    25  particularly bounded and described as follows:
    26    BEGINNING  at  a point marking the intersection of the easterly bounds
    27  of Main Street with the southerly bounds of Maple Street; running thence
    28  from the point of beginning in an easterly direction along the southerly
    29  bounds of Maple Street. South 86 degrees 47 minutes 40 seconds East  for
    30  a  distance  of  229.47  feet  to a point; running thence in a southerly
    31  direction, south 07 degrees 28 minutes 10 seconds West for a distance of
    32  100.05 feet to a point; running thence in a northerly line of  lands  of
    33  the  First  Baptist Church of Hudson Falls; running thence in a westerly
    34  direction along the northerly line of said lands of said  Church,  North
    35  84 degrees 58 minutes 20 seconds West for a distance of 206.70 feet to a
    36  point  in the easterly bounds of Main Street; running thence in a north-
    37  erly direction along the  easterly  bounds  of  Main  Street,  North  06
    38  degrees  11  minutes 40 seconds West for a distance of 94.47 feet to the
    39  point of beginning. The same to contain 0.483 acres ±.
    40    REFERENCE to the above description is a survey map titled  "Map  of  a
    41  Survey  of  Lands  of  the  County of Washington" prepared by Charles T.
    42  Nancy, Licensed Land Surveyor, Dated August 4, 1994 and on file  at  the
    43  Washington  County  Clerk's  Office in Drawer 31B of Maps and Map Number
    44  31B-160.
    45    ALL THAT CERTAIN LOT OR PARCEL OF LAND  situated  in  the  Village  of
    46  Hudson  Falls,  Washington  County,  New  York  bounded and described as
    47  follows:
    48    BEGINNING at a point on the south line of Maple Street in said Village
    49  fifty feet westerly of a steel bolt in the northwest corner of  the  New
    50  York  Telephone  Co.'s  Lot,  which  said  point is at the west end of a
    51  retaining curbing to the south line of brick  driveway,  thence  running
    52  north  75  degrees east along said south line of Maple Street fifty feet
    53  to a bolt driven in the ground for a monument as a marker; thence south-
    54  erly one hundred and eight and seven tenths feet to an iron bolt  driven
    55  in  the  ground  fifty  feet  from the west line of lot hereby conveyed;
    56  thence easterly fifty-one feet to a large iron pipe driven in the ground

        A. 10083                           14

     1  for a monument; thence southerly about two feet easterly of  the  garage
     2  building on said property fifty-six feet to the location of the boundary
     3  line between lands formerly owned by Elisha Baker, and Samuel Tappin and
     4  U.  Cornell  Allen,  the  same  being the southerly boundary line of the
     5  premises hereby conveyed; thence westerly  on  said  boundary  line  one
     6  hundred  and  two feet to the east line of the Baptist Church lot, which
     7  lot last mentioned line is monumented; thence along  the  east  line  of
     8  said  Church lot and the lot formerly owned by Crenville M. Ingalsbe one
     9  hundred and sixty-one feet to the place of beginning.
    10    The above described premises are conveyed subject to a  certain  right
    11  of  way over same heretofore granted by George H. Newton to Hudson River
    12  Telephone Co. by Deed dated July 10, 1915  and  recorded  in  Washington
    13  County Clerk's Office in Liber 138 of Deeds at Page 134.
    14    A  more  modern  description  of  the  above  premises  is as follows:
    15  Commencing in the southerly bounds of  Maple  Street  at  the  northwest
    16  corner  of  premises  formerly  of  New  York Telephone Company; running
    17  thence along the westerly bounds of said  lands  formerly  of  New  York
    18  Telephone  Company;  running  thence  along  the westerly bounds of said
    19  lands formerly of New York Telephone Company on  a  course  of  south  7
    20  degrees  29  minutes west for a distance of 108.66 feet to a point for a
    21  corner; running thence south 85 degrees 03 minutes east for  a  distance
    22  of 50.97 feet to an iron pipe found for a corner; running thence south 8
    23  degrees  35  minutes  west  for a distance of 56.65 feet to an iron pipe
    24  found for a corner; running thence north 83 degrees 40 minutes west  for
    25  a  distance  of 101.94 feet along the northerly bounds of lands formerly
    26  of O.T. Griffin to a point for a corner in the easterly  bounds  of  the
    27  Baptist Church lot; running thence north 8 degrees 17 minutes east for a
    28  distance  of  162.10  feet  to  a point in the southerly bounds of Maple
    29  Street; running thence south 85 degrees 57 minutes east for  a  distance
    30  of  49.90  feet  to the point and place of beginning. The aforedescribed
    31  premises are depicted on a certain "Map of Lands of  Village  of  Hudson
    32  Falls  at "#8 Maple Street" dated November 2, 1953 by Leslie W.  Coulter
    33  and filed in the Washington County Clerk's Office on January  11,  1954,
    34  as Map No. 02.
    35    (o)  provided such premises constitute a premises for the sale of food
    36  or beverages at retail for consumption on  the  premises  occupying  the
    37  southernmost  portion  of the buildings and improvements further identi-
    38  fied as suite two hundred ten and located wholly within  the  boundaries
    39  of the county of Westchester, bounded and described as follows:
    40    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
    41  improvements  thereon  erected,  situate, lying and being in the City of
    42  White Plains, County of Westchester, State of New York, more particular-
    43  ly described as follows:
    44    BEGINNING at a point in the northerly side of Main Street as the  same
    45  is now laid out and established where said northerly side of Main Street
    46  is  intersected  by  the  division  line  between  the  premises  hereby
    47  described and land now or formerly of Henry E. Hartnett said point being
    48  at the southeasterly corner of the parcel hereby described;
    49    THENCE RUNNING along the northerly side of Main Street as  now  estab-
    50  lished,  South  76  degrees  38  minutes 54 seconds West 48.24 feet to a
    51  monument thence on a curve to the right forming the northeasterly corner
    52  of Main Street and Church Street said curve having  a  radius  of  26.03
    53  feet,  a  distance  of 39.836 feet (39.84 feet per deed) to the easterly
    54  side of Church Street;
    55    THENCE RUNNING along the easterly  side  of  Church  Street  North  15
    56  degrees  40  minutes West 205.61 feet to the northwesterly corner of the

        A. 10083                           15

     1  premises hereby described and to the southerly line of a 12 foot  drive-
     2  way leading from land of Henry E. Hartnett to Church Street;
     3    THENCE  RUNNING  along  the  southerly side of said driveway, North 74
     4  degrees 18 minutes 50 seconds  East  74.84  feet  to  the  northeasterly
     5  corner of the premises hereby described and land of Henry E. Hartnett;
     6    THENCE  along  said  land  of  Henry  E. Hartnett, South 15 degrees 15
     7  minutes 30 seconds East 233.60  feet  to  the  northerly  side  of  Main
     8  Street, at the point or place of BEGINNING.
     9    TOGETHER  with  the benefits of a certain Declaration of Easement made
    10  by Markbeth Building Corp dated October 28, 1981 and November  10,  1981
    11  in Liber 7736 cp 262 as set forth therein.
    12    (p)  provided such premises constitute a premises for the sale of food
    13  or beverages at retail for consumption on the  premises  located  wholly
    14  within  the  boundaries  of the county of Erie, bounded and described as
    15  follows:
    16    ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  City  of  Buffalo,
    17  County  of  Erie  and  State  of  New York, and bounded and described as
    18  follows:  being part of Lot number  seventy-one  (71),  Township  eleven
    19  (11),  Range  eight  (8)  of  the Holland Land Company's survey and in a
    20  subdivision of part of said lots 71 and 72, made for  Main  Street  Land
    21  and  Improvement  Co., by C.F. Witmer, surveyor, a map of which subdivi-
    22  sion is on file in Erie County Clerk's  Office  under  Cover  292.  This
    23  premises  herby conveyed being designated as subdivision lot No. thirty-
    24  nine (39) in Block "C" and bounded and described as follows:
    25    BEGINNING at a point in the westerly line of  Main  Street  thirty-six
    26  and  one-half  (36-1/2)  feet  northerly  from its intersection with the
    27  northerly line of Heath Street (formerly Morton Street). Running  thence
    28  northerly  along  said  line  of  Main  Street  thirty-six  and one-half
    29  (36-1/2) feet; thence westerly at right angles with said  line  of  Main
    30  Street to a sixteen (16) foot alley; thence southerly along the easterly
    31  line  of  said  alley to a point where a line drawn at right angles with
    32  said line of Main Street would intersect said line of Main Street at the
    33  place of beginning and thence easterly at right angles with Main  Street
    34  to the said line of Main Street at the place of beginning.
    35    (q)  provided such premises constitute a premises for the sale of food
    36  or beverages at retail for consumption on the  premises  located  wholly
    37  within  the boundaries of the county of Broome, bounded and described as
    38  follows:
    39    ALL THAT TRACT OR PARCEL OF LAND situate in the  City  of  Binghamton,
    40  County of Broome, State of New York, bounded and described as follows:
    41    BEGINNING at a point at the intersection of the northerly street boun-
    42  dary  of  Henry Street and the easterly street boundary of Water Street,
    43  at the southwesterly corner of the premises herein described;
    44    THENCE N 17°-02'-44" E along said easterly street  boundary  of  Water
    45  Street a distance of 96.66 feet to a point;
    46    THENCE  N  19°-42'-08"  E along said easterly street boundary of Water
    47  Street a distance of 25.28 feet to a 5/8 inch rebar with plastic  yellow
    48  cap  marked  "Jennings" found at the southwesterly corner of lands owned
    49  by the City of Binghamton as  recorded  in  the  Broome  County  Clerk's
    50  Office in Liber 549 at page 418;
    51    THENCE  S 77°-19'-48" E along the southerly boundary of lands owned by
    52  said City of Binghamton a distance of 118.89  feet  to  a  masonry  nail
    53  found  in  the westerly boundary of lands owned by Samuel Diamond (Liber
    54  1198, page 377);
    55    THENCE S 17°-49'-47" W along said westerly boundary of lands owned  by
    56  Diamond a distance of 14.00 feet to a 1/2 inch rebar found;

        A. 10083                           16

     1    THENCE  S 82°-36'-13" E along the southerly boundary of lands owned by
     2  said Diamond a distance of 5.06 feet to a  point  at  the  northwesterly
     3  corner  of  lands owned by Washington Building Management Company (Liber
     4  1750, page 69);
     5    THENCE  S  15°-00'-17" W along the westerly boundary of lands owned by
     6  said Company a distance of 42.68 feet to a point;
     7    THENCE, S 83°-53'-13" E along the southerly boundary of lands owned by
     8  said Company a distance of 28.00 feet to a point  at  the  northwesterly
     9  corner of lands owned by Kenneth and Isabelle Mitchell (Liber 1316, page
    10  33) on the exterior face of a building wall;
    11    THENCE,  along  the  westerly boundary of lands owned by said Mitchell
    12  the following three courses:
    13    1. S 11°-52'-47" W along said wall a distance of 33.68 feet to a point
    14  in a party building wall;
    15    2. S 84°-51'-13" E along said party wall a distance of 7.57 feet to  a
    16  point;
    17    3.  S  14°-48'-47"  W  along the centerline of a party building wall a
    18  distance of 35.26 feet to a point in said northerly street  boundary  of
    19  Henry Street;
    20    THENCE  N  77°-32'-37" W along said northerly street boundary of Henry
    21  Street a distance of 165.87 feet to the point of beginning  as  surveyed
    22  by  Paul  B.  Koerts,  Professional Land Surveyor on March 11, 1996. The
    23  bearings are referenced to record north for lands owned by said City  of
    24  Binghamton (Liber 549, page 418).
    25    Together with the following:
    26    1.  A right-of-way over the westerly 12.5 feet of so much of the prem-
    27  ises described above as adjoins the  premises  formerly  of  Charles  A.
    28  Wilkinson,  now  of  Clare  B. Risk, on the west (being the northerly 40
    29  feet thereof, more or less), and adjoining the premises described  above
    30  on  the  east, as granted in a deed from Charles A. Wilkinson, et al, to
    31  John Hull, Jr., et al, dated February  24,  1886  and  recorded  in  the
    32  Broome  County  Clerk's Office on November 20, 1886 in Book 130 of Deeds
    33  at page 546.
    34    2. The benefits contained in an agreement between Hull, Grummond & Co.
    35  and George F. O'Neil providing for the erection of a party wall recorded
    36  in the Broome County Clerk's Office on October 28, 1913 in Book  247  of
    37  Deeds at Page 313.
    38    3.  The  benefits contained in an agreement between Mabel D. Eggleston
    39  and Hull-Grummond & Co., Inc. providing for the erection of a party wall
    40  recorded in the Broome County Clerk's Office on August 28, 1918 in  Book
    41  281 of Deeds at page 179.
    42    3.  Notwithstanding  the  provisions  of  subdivision seven of section
    43  sixty-four-a of this chapter, the authority may issue a  retail  license
    44  for  on-premises  consumption  for  a premises which shall be within two
    45  hundred feet of a building occupied exclusively  as  a  school,  church,
    46  synagogue or other place of worship:
    47    (a) provided such premises constitutes a premises for the sale of food
    48  or  beverages  at retail for consumption on the premises and/or an over-
    49  night lodging facility located  wholly  within  the  boundaries  of  the
    50  borough  of  Manhattan  in  the city and county of New York, bounded and
    51  described as follows:
    52    BEGINNING at a point on the easterly side of 7th  Avenue,  distant  25
    53  feet  northerly  from  the  northeasterly corner of 7th Avenue and 132nd
    54  Street; RUNNING THENCE easterly parallel  with  the  northerly  side  of
    55  132nd  Street  and  part of the distance of the distance through a party
    56  wall, 75 feet;

        A. 10083                           17

     1    THENCE northerly parallel with 7th Avenue, 49 feet 11  inches;  THENCE
     2  westerly  parallel with 132nd Street 75 feet to the easterly side of 7th
     3  Avenue; THENCE southerly along the easterly side of 7th Avenue, 49  feet
     4  11  inches  to  the point or place of BEGINNING, being the same premises
     5  located  at  2247  Adam  Clayton Powell, Jr. Boulevard (Seventh Avenue),
     6  block 1917, lot 2 described in deed made by 2247-49 ACP South realty LLC
     7  to AIMCO 2247-2253 ACP, LLC, dated June twenty-ninth, two thousand seven
     8  and recorded July seventh, two thousand seven in the Office of the  City
     9  Register, New York County as document number 2007071001657001.
    10    (b) provided such premises constitutes a premises for the sale of food
    11  or  beverages  at  retail for consumption on the premises located wholly
    12  within the boundaries of the town of  Bainbridge,  county  of  Chenango,
    13  bounded and described as follows:
    14    BEGINNING at an iron stake at the curb on the north side of North Main
    15  Street,  which stake is in a line with the edge of the concrete sidewalk
    16  in front of the Ireland Hardware Block; thence to the  joint  corner  of
    17  said hardware block and the concrete post at the southwest corner of the
    18  Central  Hotel, twenty-seven (27) feet; thence along the foundation wall
    19  of said hotel forty (40) feet to an iron  stake  under  a  part  of  the
    20  Ireland  Hardware  Store  Building  six (6) feet from the corner of said
    21  foundation wall and on a continuation of said line along the Hotel foun-
    22  dation; thence at an approximate right angle in a  northeasterly  direc-
    23  tion  along a line parallel to and six (6) feet distant from the founda-
    24  tion wall on the "ell" of the Hotel to a point six (6) feet distant from
    25  the foundation wall of the main building of  the  Hotel,  fourteen  (14)
    26  feet;  thence  again at a right angle in an approximately north-westerly
    27  direction on a line parallel to and six (6) feet distant from the  foun-
    28  dation  wall  of  said  Hotel  building forty-three (43) feet to an iron
    29  stake; thence in a northeasterly direction on a  line  from  said  stake
    30  touching  the  corner  of  the foundation wall to a point on the line of
    31  premises of the Vendor and premises now owned by Edward Danforth,  known
    32  as  the  Danforth  Block; thence in a southeasterly direction along said
    33  boundary line between said premises, which line is believed to  be  nine
    34  (9) feet distant southwesterly from the foundation wall of said Danforth
    35  Block,  to the curb line; thence along said curb line in a southwesterly
    36  direction to the point or place of beginning.
    37    Being known and designated on the Chenango  County  Tax  Map  for  the
    38  Village and Town of Bainbridge as parcel 265.11-2-15 as said tax map was
    39  on the 15th day of June 2010.
    40    (c) provided such premises constitutes a premises for the sale of food
    41  or  beverages  at retail for consumption on the premises and/or an over-
    42  night lodging facility located  wholly  within  the  boundaries  of  the
    43  borough  of  Manhattan  in  the city and county of New York, bounded and
    44  described as follows:
    45    BEGINNING at the intersection formed by the  easterly  side  of  Fifth
    46  Avenue and the southerly side of East 117th Street; and
    47    RUNNING THENCE easterly along the southerly side of East 117th Street,
    48  110 feet 0 inches;
    49    THENCE  southerly  at  right  angles to the last mentioned course, 100
    50  feet 11 inches;
    51    THENCE westerly at right angles to the last mentioned course, 110 feet
    52  0 inches at right angles to the easterly side of Fifth Avenue;
    53    THENCE northerly along the easterly side  of  Fifth  Avenue  at  right
    54  angles  to the last mentioned course, 100 feet 11 inches to the point or
    55  place of BEGINNING.

        A. 10083                           18

     1    Being known and designated on the Tax Map of The City of New York, for
     2  the Borough of Manhattan, as Section 6, Block 1622 Lot 73  as  said  Tax
     3  Map was on the 26th day of November 1974.
     4    (d) provided such premises constitutes a premises for the sale of food
     5  or  beverages  at  retail for consumption on the premises located wholly
     6  within the boundaries of the  city  of  Binghamton,  county  of  Broome,
     7  bounded and described as follows:
     8    ALL  THAT  TRACT  OR PARCEL OF LAND situate in the City of Binghamton,
     9  County of Broome, State of  New  York,  more  particularly  bounded  and
    10  described as follows:
    11    BEGINNING at the intersection of the east line of Front Street and the
    12  south  line of Main Street; thence easterly along the south line of Main
    13  Street making an interior angle of 100° 54' with the east line of  Front
    14  Street  a  distance  of  35.36  feet  to a point in the center line of a
    15  former ten-foot right of way; thence southerly making an interior  angle
    16  of 79° 15' with the last course a distance of 107 feet to a point in the
    17  north  line  of  an  alley; thence westerly along the north line of said
    18  alley and making an interior angle of 90° 07' with  the  last  course  a
    19  distance  of 35 feet to a point in the east line of Front Street; thence
    20  northerly along said east line of Front Street and  making  an  interior
    21  angle  of  89° 44' with the last course a distance of 100.46 feet to the
    22  point of beginning. Hereby intending to describe the  premises  commonly
    23  known as 11 Main Street.
    24    (e) provided such premises constitutes a premises for the sale of food
    25  or  beverages  at  retail for consumption on the premises located wholly
    26  within the boundaries of the  city  of  Binghamton,  county  of  Broome,
    27  bounded and described as follows:
    28    All  that  tract or parcel of land, situate in the City of Binghamton,
    29  County of Broome and State of New York, on the west side of the Chenango
    30  River at the west end of  the  Court  Street  Bridge,  and  bounded  and
    31  described as follows: Commencing at the southeasterly corner of premises
    32  conveyed  by  Harry  Smolensky and Anna Smolensky to Guilio Mattioli and
    33  Anthony F. Mattioli, Sr. by Full Covenant Deed dated February 28th, 1963
    34  and recorded in the Broome County Clerk's office in Book 1063  of  Deeds
    35  at  page  731  and  running  thence northerly along the easterly line of
    36  premises so conveyed in a straight line to lands formerly the  homestead
    37  property of Benjamin F. Sisson, the southerly part of which is the third
    38  parcel  of  land  described  in  a Warranty Deed from Archie S. Beers by
    39  Roland F. Beers, his attorney in fact to  Arthur  Kradjian  and  Kenneth
    40  Kradjian  dated April 18, 1967 and recorded in the Broome County Clerk's
    41  office in Book 1119 of Deeds at page 737; thence in an  easterly  direc-
    42  tion  along the south line of the said premises formerly of Arthur Krad-
    43  jian and Kenneth Kradjian to the Chenango River; thence southerly  along
    44  the  westerly  bank  of  the Chenango River as it winds and turns to the
    45  north side of Main Street; thence in  a  westerly  direction  along  the
    46  north side of said Main Street to the point or place of beginning.
    47    (f) provided such premises constitutes a premises for the sale of food
    48  or  beverages  at  retail for consumption on the premises located wholly
    49  within the boundaries of the  city  of  Binghamton,  county  of  Broome,
    50  bounded and described as follows:
    51    All  that  tract  or parcel of land situate in the City of Binghamton,
    52  County of Broome and State of New York, being a  strip  of  land  twelve
    53  (12)  feet  wide,  front and rear taken off the entire southerly side of
    54  premises described in 1936 as follows: All that tract or parcel of  land
    55  situate  in  the  City  of Binghamton, County of Broome and State of New
    56  York, and being the homestead property of Benjamin F. Sisson,  deceased,

        A. 10083                           19

     1  situate  on  the  east side of Front Street in said city and being about
     2  eighty-seven (87) feet wide front on Front Street and extending  to  the
     3  Chenango  River  and bounded as follows: on the north by lands of Carrie
     4  M.  Waldron (formerly owned by Charles D. Rogers), on the south by lands
     5  of Conine & Gleason, C. F. & W. W. Sisson, Ida R. Buckingham  and  James
     6  W.  Lyon;  on  the  east  by the Chenango River and on the west by Front
     7  Street, and including all the lands conveyed to Benjamin  F.  Sisson  by
     8  three  deeds, to wit: one from the Village of Binghamton dated April 10,
     9  1867 and recorded in the Broome County Clerk's  office  in  Book  74  of
    10  Deeds  at  page 125; one from Sarah R. Graves and Herman W. Graves dated
    11  July 9, 1875 and recorded in the Broome County Clerk's office in Book 93
    12  of Deeds at page 174; and one from Charles D. Rogers and wife dated July
    13  9, 1875 and recorded in the Broome County Clerk's office in Book  98  of
    14  Deed  at page 369 and also includes the northerly part of lands conveyed
    15  to Benjamin F. Sisson by John S. Wells and wife by deed dated  June  28,
    16  1853  and  recorded  in  the  Broome County Clerk's office in Book 39 of
    17  Deeds at page 401 and 402 to all of which deed reference is had.
    18    4. Notwithstanding  the  provisions  of  subdivision  six  of  section
    19  sixty-four-c  of  this chapter or of subdivision thirteen of section one
    20  hundred six of this  chapter,  the  authority  may  issue  a  restaurant
    21  brewer's license pursuant to section sixty-four-c of this chapter for:
    22    (a)  a  premises  which  shall  be  located  wholly within the town of
    23  Ulster, county of Ulster, state of New York, bounded  and  described  as
    24  follows:
    25    ALL  that certain plot, piece or parcel of land with the buildings and
    26  improvements thereon erected, situate, lying and being in  the  Town  of
    27  Ulster,  County  of  Ulster  and  the  State  of  New  York, bounded and
    28  described as follows:
    29    BEGINNING at a point on the Northeasterly side of City  View  Terrace,
    30  said  point  being  the Westerly corner of the lands of the State of New
    31  York and a Southwesterly corner of the herein described  parcel;  THENCE
    32  from  said  point of beginning along the Northeasterly side of City View
    33  Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet  to  a
    34  point  on  the Southeasterly side of Forest Hill Drive; THENCE along the
    35  Southeasterly side  of  Forest  Hill  Drive  the  following  course  and
    36  distances,  North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a
    37  point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
    38  a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
    39  to a point; THENCE North 46 degrees 30 minutes 26 seconds  East,  203.40
    40  feet  to  a  point;  THENCE North 62 degrees 37 minutes 26 seconds East;
    41  115.94 feet to a point; THENCE North 79 degrees 39  minutes  26  seconds
    42  East,  47.82  feet  to  a  point;  THENCE North 45 degrees 16 minutes 41
    43  seconds East, 63.33 feet to a recovered bar; THENCE along the bounds  of
    44  lands  of now or formerly Skytop Village Associates, L. 1916-P. 134, the
    45  following courses and distances, South 37 degrees 08 minutes 02  seconds
    46  East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
    47  02  seconds  East,  90.63  feet  to  a point; THENCE North 77 degrees 23
    48  minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
    49  degrees 29 minutes 58 seconds East, 297.09  feet  to  a  recovered  bar;
    50  THENCE  South  63  degrees  30 minutes 02 seconds East, 108.50 feet to a
    51  recovered bar; THENCE along the bounds  of  lands  of  now  or  formerly
    52  Robert  D.  Sabino,  L.  1487-P.  397,  and along a stone wall, South 32
    53  degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE leav-
    54  ing said stone and along the bounds of lands of now or formerly  Stanley
    55  Amerling,  L.  1440-P. 908, South 75 degrees 41 minutes 26 seconds West,
    56  264.62 feet to a point; THENCE along the bounds of lands of Summit Prop-

        A. 10083                           20

     1  erties, LLC, L. 2856-P. 82, the following courses and  distances,  North
     2  41  degrees  29  minutes  34 seconds West, 50.00 feet to a point; THENCE
     3  South 71 degrees 10 minutes 26 seconds West,  89.84  feet  to  a  point;
     4  THENCE  South  59  degrees  51 minutes 26 seconds West, 251.72 feet to a
     5  point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20 feet to
     6  a point; THENCE along the bounds of lands of said State of New York, the
     7  following courses and distances, North 56 degrees 41 minutes 34  seconds
     8  West,  168.79  feet  to  a  point; THENCE North 75 degrees 51 minutes 34
     9  seconds West, 254.10 feet to the point and place of beginning. Being the
    10  same premises as conveyed to Skytop Motel, LLC by deed of Stewart Title,
    11  as agent of the grantor, Skytop Motel, Inc., dated April  29,  2003  and
    12  recorded  in  the  office of the Ulster County Clerk on June 10, 2003 as
    13  document no. 2003-00016207, Receipt no. 48178, Bk-D VI-3621, pg-171.
    14    (b) for a premises which shall be located wholly within  the  city  of
    15  Peekskill,  county  of  Westchester,  state  of  New  York,  bounded and
    16  described as follows:
    17    Any such premises or business located on all that  certain  parcel  of
    18  land  situate  in the City of Peekskill, County of Westchester and State
    19  of New York, that is a portion of Parcel  I  as  it  is  shown  on  that
    20  certain map entitled, "Survey . . at Charles Point . . " which was filed
    21  in  the Westchester County Clerk's Office on October 23, 1980 as Map No.
    22  20407 that is bounded and described as follows:
    23    BEGINNING at a point on the easterly shoreline of the Hudson River and
    24  within the bounds of the said Parcel I as it is shown on the said  Filed
    25  Map NO. 20407, which point occupies coordinate position:
    26    North 464418.83 (y)
    27    East 607401.00 (x)
    28    of  the New York State Coordinate System, East Zone and which point is
    29  distant, the following courses from the southerly corner of  the  Parcel
    30  shown on Map No. 20407 that occupies coordinate position
    31    North 463520.804 (y)
    32    East 608470.681 (x)
    33    of the aforesaid New York State Coordinate System, East Zone:
    34    North 47 degrees 30' 36" West 856.60 feet,
    35    North 77 degrees 10' 53" West 488.18 feet,
    36    North 41 degrees 17' 53" West 113.32 feet and
    37    North 41 degrees 50' 16" East 169.08 feet;
    38    THENCE from the said point of beginning along the said easterly shore-
    39  line (high water mark) of the east bank of the Hudson River:
    40    Due North 16.17 feet,
    41    North 53 degrees 58' 22" West 13.60 feet,
    42    North 73 degrees 04' 21" West 24.04 feet,
    43    North 63 degrees 26' 06" West 22.36 feet,
    44    North 82 degrees 18' 14" West 37.34 feet,
    45    North 64 degrees 47' 56" West 37.58 feet,
    46    South 82 degrees 52' 30" West 16.12 feet,
    47    North 61 degrees 41' 57" West 14.76 feet and
    48    South 21 degrees 48' 05" West 9.71 feet;
    49    THENCE  leaving  the high water mark and running across a peninsula of
    50  land and along the division line between Parcel I and Parcel II as shown
    51  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
    52  another point on the said easterly shoreline (high water  mark)  of  the
    53  East Bank of the Hudson River;
    54    THENCE  northerly along the said high water mark, the following cours-
    55  es:
    56    North 3 degrees 00' 46" West 17.54 feet,

        A. 10083                           21

     1    North 13 degrees 45' 39" West 50.45 feet,
     2    North 10 degrees 49' 23" West 69.23 feet,
     3    North  0 degrees 47' 22" West 52.48 feet to a point which is the point
     4  of beginning of the hereinafter described 40 foot easement  which  point
     5  occupies coordinate position
     6    North 464676.48 (y)
     7    East 607189.28 (x)
     8    of the New York State Coordinate System, East Zone;
     9    THENCE  continuing  along the aforesaid easterly shoreline (high water
    10  mark) of the East Bank of the Hudson, the following courses:
    11    North 10 degrees 18' 17" West 23.91 feet,
    12    North 39 degrees 04' 58" West 21.39 feet,
    13    North 20 degrees 13' 30" West 21.74 feet,
    14    North 39 degrees 02' 08" West 95.27 feet,
    15    North 13 degrees 08' 02" West 30.81 feet,
    16    North 18 degrees 26' 06" West 53.76 feet,
    17    North 28 degrees 10' 43" West 63.53 feet,
    18    North 18 degrees 26' 06" West 50.60 feet,
    19    North 37 degrees 14' 05" West 31.40 feet,
    20    North 21 degrees 15' 02" West 96.57 feet,
    21    North 32 degrees 00' 19" West 47.17 feet,
    22    North 1 degree 18' 07" West 44.01 feet and
    23    North 17 degrees 14' 29" East 29.32 feet to a point on  the  southerly
    24  line of lands under lease to the County of Westchester (Resco Site);
    25    THENCE  along  the  said County of Westchester (Resco Site) lands: Due
    26  East 432.31 feet to a point on the westerly line of an  easement  and  a
    27  right-of-way leading to Charles Point Avenue;
    28    THENCE  along  the  said  westerly  and southwesterly line of the said
    29  right-of-way leading to Charles Point Avenue: Due South 241.16 feet  and
    30  South 27 degrees 13' 00" East 406.90 feet to a point;
    31    THENCE  leaving the said easement and running along other lands now or
    32  formerly of The City of Peekskill Industrial Development  Agency,  South
    33  41  degrees  50'  16"  West  270.01  feet to the aforementioned easterly
    34  shoreline (high water mark) of the East Bank of the Hudson River and the
    35  point or place of beginning.
    36    TOGETHER with an easement over all that parcel of land situate in  the
    37  City  of  Peekskill, County of Westchester and State of New York that is
    38  more particularly bounded and described as follows:
    39    BEGINNING at a point on the westerly line of Charles Point Avenue with
    40  the said westerly line is intersected by the line dividing the  easement
    41  herein  described  on  the south from lands under lease to the County of
    42  Westchester (Resco Site) on the north which  point  occupies  coordinate
    43  position:
    44    North 464719.99 (y)
    45    East 608004.15 (x)
    46    of the New York State Coordinate System, East Zone;
    47    THENCE  from  the  said  point  of  beginning southerly along the said
    48  westerly line of Charles Point Avenue, South 14  degrees  54'  00"  West
    49  103.48 feet to a point;
    50    THENCE  westerly along other lands of the City of Peekskill Industrial
    51  Development Agency: Due West 396.44 feet to a point which is the easter-
    52  ly most corner of the lands of Point Associates, the grantee herein;
    53    THENCE along the northeasterly line  of  the  said  Point  Associates'
    54  land,  North  27  degrees  13' 00" West 406.90 feet and Due North 241.16
    55  feet to a point on the southerly line of the aforementioned lands leased
    56  to the County of Westchester (Resco Site);

        A. 10083                           22

     1    THENCE easterly along the said southerly line Due East 75.00 feet to a
     2  point;
     3    THENCE southeasterly and easterly still along the said lands leased to
     4  the County of Westchester (Resco Site) the following courses:
     5    Due South 223.00 feet,
     6    South 27 degrees 13' 00" East 314.87 feet and
     7    Due  East  390.14  feet to the aforementioned westerly line of Charles
     8  Point Avenue and the point or place of BEGINNING.
     9    TOGETHER WITH a non-exclusive easement for utilities, and ingress  and
    10  egress over that certain right of way leading from Charles Point Avenue,
    11  now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly
    12  direction to the above described premises and as more fully described in
    13  the Declaration of Easement recorded in Liber 8888 cp 35.
    14    5. The provisions of paragraph (a) of subdivision one of  section  one
    15  hundred one of this chapter shall not apply to:
    16    (a)  any  such premises or business constituting the overnight lodging
    17  and resort facility located wholly within the boundaries of the town  of
    18  North  Elba,  county  of Essex, township eleven, Richard's survey, great
    19  lot numbers two hundred seventy-eight,  two  hundred  seventy-nine,  two
    20  hundred eighty, two hundred ninety-eight, two hundred ninety-nine, three
    21  hundred,  three  hundred eighteen, three hundred nineteen, three hundred
    22  twenty, three hundred thirty-five  and  three  hundred  thirty-six,  and
    23  township  twelve,  Thorn's survey, great lot numbers one hundred six and
    24  one hundred thirteen, as shown on the Adirondack map,  compiled  by  the
    25  conservation  department  of  the  state  of New York - nineteen hundred
    26  sixty-four edition, in the Essex county atlas at  page  twenty-seven  in
    27  the  Essex county clerk's office, Elizabethtown, New York, provided that
    28  such facility maintains not less than two hundred fifty rooms and suites
    29  for overnight lodging;
    30    (b) any such premises or business constituting the  overnight  lodging
    31  and  resort  facility located wholly within the boundaries of that tract
    32  or parcel of land situate in the city of Canandaigua, county of Ontario,
    33  beginning at a point in the northerly line of village lot nine where  it
    34  meets with South Main Street, thence south sixty-nine degrees fifty-four
    35  minutes  west  a  distance  of  nine  hundred  sixteen  and twenty-three
    36  hundredths feet to an iron pin; thence in the same course a distance  of
    37  fourteen  feet  to  an iron pin; thence in the same course a distance of
    38  fourteen and four-tenths feet to a point; thence south  fifteen  degrees
    39  thirty-eight  minutes  and forty seconds east a distance of four hundred
    40  forty-six and eighty-seven hundredths feet  to  a  point;  thence  south
    41  twenty-eight  degrees  thirty-seven  minutes  and  fifty  seconds east a
    42  distance of one hundred thirteen and eighty-four hundredths  feet  to  a
    43  point;  thence  south eighty-five degrees and forty-seven minutes east a
    44  distance of forty-seven and sixty-one hundredths feet to  an  iron  pin;
    45  thence  on  the  same  course a distance of three hundred and sixty-five
    46  feet to an iron pin; thence north seventeen degrees  twenty-one  minutes
    47  and  ten seconds east a distance of four hundred fifty-seven and thirty-
    48  two hundredths feet to an iron pin; thence north  nineteen  degrees  and
    49  thirty  minutes west a distance of two hundred and forty-eight feet to a
    50  point; thence north sixty-nine degrees and  fifty-four  minutes  east  a
    51  distance  of two hundred eighty-four and twenty-six hundredths feet to a
    52  point; thence north nineteen degrees and thirty minutes west a  distance
    53  of  sixty  feet  to the point and place of beginning, provided that such
    54  facility maintains not less than seventy-five rooms and suites for over-
    55  night lodging;

        A. 10083                           23

     1    (c) any such premises or business constituting the  overnight  lodging
     2  facility located wholly within the boundaries of that tract or parcel of
     3  land  situated in the borough of Manhattan, city and county of New York,
     4  beginning at a point on the northerly side of west  fifty-fourth  street
     5  at  a  point one hundred feet easterly from the intersection of the said
     6  northerly side of west fifty-fourth street  and  the  easterly  side  of
     7  seventh  avenue; running thence northerly and parallel with the easterly
     8  side of seventh avenue one hundred feet five inches to the  center  line
     9  of  the  block;  running thence easterly and parallel with the northerly
    10  side of west fifty-fourth street and along the center line of the  block
    11  fifty  feet  to  a point; running thence northerly and parallel with the
    12  easterly side of seventh avenue one hundred  feet  five  inches  to  the
    13  southerly side of west fifty-fifth street at a point distant one hundred
    14  fifty  feet easterly from the intersection of the said southerly side of
    15  west fifty-fifth street and the easterly side of seventh avenue; running
    16  thence easterly along the southerly  side  of  west  fifty-fifth  street
    17  thirty-one  feet  three  inches to a point; running thence southerly and
    18  parallel with the easterly side of the seventh avenue one  hundred  feet
    19  five  inches  to  the  center line of the block; running thence easterly
    20  along the center line of the block and parallel with the southerly  side
    21  of  west  fifty-fifth street, one hundred feet; running thence northerly
    22  and parallel with the easterly side of seventh avenue one  hundred  feet
    23  five  inches  to  the southerly side of west fifty-fifth street; running
    24  thence easterly along the southerly  side  of  west  fifty-fifth  street
    25  twenty-one  feet  ten  and  one-half  inches  to a point; running thence
    26  southerly and parallel with the easterly  side  of  seventh  avenue  one
    27  hundred feet five inches to the center line of the block; running thence
    28  westerly along the center line of the block and parallel with the north-
    29  erly  side of west fifty-fourth street three feet one and one-half inch-
    30  es; running thence southerly and parallel  with  the  easterly  side  of
    31  seventh  avenue  one  hundred  feet five inches to the northerly side of
    32  west fifty-fourth street at a point distant three hundred feet  easterly
    33  from  the  intersection  of the said northerly side of west fifty-fourth
    34  street and the easterly side of seventh avenue; running thence  westerly
    35  and  along  the  northerly  side of west fifty-fourth street two hundred
    36  feet to the point or place of beginning,  provided  that  such  facility
    37  maintains  not  less  than four hundred guest rooms and suites for over-
    38  night lodging;
    39    (d) any such premises or business located on that tract or  parcel  of
    40  land, or any subdivision thereof, situate in the Village of Lake Placid,
    41  Town  of North Elba, Essex County, New York; it being also a part of Lot
    42  No.  279, Township No. 11, Old  Military  Tract,  Richard's  Survey;  it
    43  being  also all of Lot No. 23 and part of Lot No. 22 as shown and desig-
    44  nated on a certain map entitled "Map of Building Sites for Sale by  B.R.
    45  Brewster"  made by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on
    46  a certain map of lands of Robert  J.  Mahoney  and  wife  made  by  G.C.
    47  Sylvester,  P.E.  & L.S. # 21300, dated August 4, 1964, and filed in the
    48  Essex County Clerk's Office on August 27, 1964,  and  more  particularly
    49  bounded  and  described as follows; BEGINNING at the intersection of the
    50  northerly bounds of  Shore  Drive  (formerly  Mirror  Street)  with  the
    51  westerly  bounds  of  Park  Place (formerly Rider Street) which point is
    52  also the northeast corner of Lot No. 23, from thence South  21°50'  East
    53  in  the  westerly  bounds  of Park Place a distance of 119 feet, more or
    54  less, to a lead plug in the edge of the sidewalk marking  the  southeast
    55  corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
    56  South  68°00'50"  West  a  distance of 50.05 feet to an iron pipe set in

        A. 10083                           24

     1  concrete at the corner of Lots 23 and 22; from  thence  South  65°10'50"
     2  West  a  distance  of 7.94 feet along the south line of Lot No. 22 to an
     3  iron pipe for a corner; from thence North 23°21'40" West  and  at  17.84
     4  feet  along  said line passing over a drill hole in a concrete sidewalk,
     5  and at 68.04 feet further along said line passing over an iron  pipe  at
     6  the  southerly  edge of another sidewalk, and at 1.22 feet further along
     7  said line passing over  another  drill  hole  in  a  sidewalk,  a  total
     8  distance  of  119  feet, more or less, to the northerly line of Lot. No.
     9  22; from thence easterly in the northerly line of Lot 22 and 23  to  the
    10  northeast  corner of Lot No. 23 and the point of beginning. Also includ-
    11  ing the lands to the center of Shore Drive included between the norther-
    12  ly straight line continuation of the side lines of the  above  described
    13  parcel,  and  to  the  center  of  Park Place, where they abut the above
    14  described premises SUBJECT to the use thereof for street purposes. Being
    15  the same premises conveyed by Morestuff, Inc.  to  Madeline  Sellers  by
    16  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    17  July 10, 1992 in Book 1017 of Deeds at Page 318;
    18    (e)  any  such  premises  or business located on that certain piece or
    19  parcel of land, or any subdivision thereof, situate, lying and being  in
    20  the  Town of Plattsburgh, County of Clinton, State of New York and being
    21  more particularly bounded and described as follows: Starting at an  iron
    22  pipe  found in the easterly bounds of the highway known as the Old Mili-
    23  tary Turnpike, said iron pipe being located 910.39  feet  southeasterly,
    24  as measured along the easterly bounds of said highway, from the souther-
    25  ly  bounds  of  the  roadway  known  as  Industrial Parkway West, THENCE
    26  running S 31 ° 54' 33" E along the easterly bounds of said Old  Military
    27  Turnpike  Extension,  239.88  feet to a point marking the beginning of a
    28  curve concave to the west; thence southerly along said curve,  having  a
    29  radius  of  987.99  feet,  248.12 feet to an iron pipe found marking the
    30  point of beginning for the parcel herein  being  described,  said  point
    31  also  marked  the  southerly  corner of lands of Larry Garrow, et al, as
    32  described in Book 938 of Deeds at page 224; thence N 07° 45' 4" E  along
    33  the  easterly  bounds  of  said  Garrow, 748.16 feet to a 3"x4" concrete
    34  monument marking the northeasterly corner of said Garrow, the  northwes-
    35  terly corner of the parcel herein being described and said monument also
    36  marking  the  southerly  bounds  of  lands  of  Salerno Plastic Corp. as
    37  described in Book 926 of Deeds at Page 186; thence S 81° 45' 28" E along
    38  a portion of the southerly bounds of said Salerno Plastic Corp.,  441.32
    39  feet to an iron pin found marking the northeasterly corner of the parcel
    40  herein  being  described  and  also  marking the northwest corner of the
    41  remaining lands now or formerly owned by said Marx and Delaura; thence S
    42  07° 45' 40" W along the Westerly bounds of lands now of formerly of said
    43  Marx and DeLaura and along the easterly  bounds  of  the  parcel  herein
    44  being  described,  560.49  feet  to  an iron pin; thence N 83° 43' 21" W
    45  along a portion of the remaining lands of said Marx and  DeLaura,  41.51
    46  feet  to  an  iron  pin;  thence S 08° 31' 30" W, along a portion of the
    47  remaining lands of said Marx and Delaura, 75.01  feet  to  an  iron  pin
    48  marking northeasterly corner of lands currently owned by the Joint Coun-
    49  cil  for Economic Opportunity of Plattsburgh and Clinton County, Inc. as
    50  described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along
    51  a portion of the northerly bounds of said J.C.E.O., 173.50  feet  to  an
    52  iron pin; thence 61° 21' 12" W, continuing along a portion of the north-
    53  erly  bounds  of said J.C.E.O., 134.14 feet to an iron pin; thence S 07°
    54  45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron
    55  pin; thence S 66° 48' 56" W along a portion of the northerly  bounds  of
    56  remaining  lands  of  said Marx and DeLaura, 100.00 feet to an iron pipe

        A. 10083                           25

     1  found on the easterly bounds of the aforesaid highway,  said  from  pipe
     2  also  being  located  on a curve concave to the west; thence running and
     3  running northerly along the easterly bounds of the aforesaid highway and
     4  being  along  said curve, with the curve having a radius of 987.93 feet,
     5  60.00 feet to the point of beginning and containing 6.905 acres of land.
     6  Being the same premises as conveyed to Ronald Marx  and  Alice  Marx  by
     7  deed of CIT Small Business Lending Corp., as agent of the administrator,
     8  U.S.  Small  Business  Administration,  an  agency  of the United States
     9  Government dated September 10, 2001 and recorded in the  office  of  the
    10  Clinton County Clerk on September 21, 2001 as Instrument #135020;
    11    (f) any such premises or business located on the west side of New York
    12  state  route  414  in  military lots 64 and 75 located wholly within the
    13  boundaries of that tract or parcel of land situated in the town of Lodi,
    14  county of Seneca beginning at an iron pin on the assumed  west  line  of
    15  New  York  State Route 414 on the apparent north line of lands reputedly
    16  of White (lib. 420, page 155); said iron  pin  also  being  northerly  a
    17  distance  of  1200 feet more or less from the centerline of South Miller
    18  Road; Thence leaving the point of beginning north 85-17'-44" west  along
    19  said  lands  of  White  a distance of 2915.90 feet to an iron pin Thence
    20  north 03-52'-48" east along said lands of White, passing through an iron
    21  pin 338.36 feet distant, and continuing further along that same course a
    22  distance of 13.64 feet farther, the total distance being 352.00 feet  to
    23  a point in the assumed centerline of Nellie Neal Creek; Thence in gener-
    24  ally  a  north  westerly  direction  the following courses and distances
    25  along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west
    26  a distance of 189.56 feet to a point; north 63-40'-00" west  a  distance
    27  of  156.00  feet  to  a point; north 49-25'-00" west a distance of 80.00
    28  feet to a point; south 80-21'-00" west a distance of  90.00  feet  to  a
    29  point; north 72-03'-00" west a distance of 566.00 feet to a point; north
    30  68-15'-00"  west  a distance of 506.00 feet to a point; north 55-16'-00"
    31  west a distance of 135.00 feet to  a  point;  south  69-18'-00"  west  a
    32  distance  of 200.00 feet to a point; south 88-00'-00" west a distance of
    33  170.00 feet to a point on a tie line at or near the high water  line  of
    34  Seneca Lake; Thence north 25-17'-00" east along said tie line a distance
    35  of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands
    36  reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
    37  an  iron pin; Thence north 06-56'-47" east along said lands of M. Wagner
    38  a distance of 100.00 feet to an iron pipe; Thence north 09-34'-28"  east
    39  along  lands  reputedly  of  Schneider (lib. 429, page 37) a distance of
    40  50.10 feet to an iron pipe; Thence north  07-49'-11"  east  along  lands
    41  reputedly  of  Oney  (lib.  484, page 24) a distance of 50.00 feet to an
    42  iron pipe; Thence north 82-29'-40" west  along  said  lands  of  Oney  a
    43  distance  of  95.30  feet  to  an iron pipe on a tie line at or near the
    44  highwater line of Seneca Lake; Thence north 08-15'-22" east  along  said
    45  tie  line  a  distance  of  25.00  feet  to  an  iron  pin; Thence south
    46  82-28'-00" east along lands reputedly of  Yu  (lib.  405,  page  420)  a
    47  distance  of  96.53  feet  to an iron pipe; Thence north 34-36'-59" east
    48  along said lands of Yu a distance of  95.00  feet  to  a  point  in  the
    49  assumed  centerline  of  Van Liew Creek; Thence in generally an easterly
    50  direction the following courses and distances along the assumed  center-
    51  line  of Van Liew Creek; north 72-46'-37" east a distance of 159.98 feet
    52  to a point; north 87-53'-00" east a distance of 94.00 feet to  a  point;
    53  south  71-12'-00"  east  a  distance  of  52.00  feet  to a point; south
    54  84-10'-00" east a distance of 158.00 feet to a point;  south  59-51'-00"
    55  east  a  distance  of  160.00  feet  to a point; south 83-29'-00" east a
    56  distance of 187.00 feet to a point; Thence north 01-33'-40"  east  along

        A. 10083                           26

     1  lands  reputedly  of Hansen (lib. 515, page 205) passing through an iron
     2  pipe 32.62 feet distant, and continuing further along that  same  course
     3  passing  through  an  iron pin 205.38 feet farther, and continuing still
     4  further  along  that  same  course a distance of 21.45 feet farther, the
     5  total distance being 259.45 feet to the assumed remains of a  White  Oak
     6  stump;  Thence  north  69-16'-11" east along lands reputedly of Schwartz
     7  (lib. 374, page 733) being tie lines along the top of the south bank  of
     8  Campbell  Creek  a  distance  of  338.00  feet  to a point; Thence south
     9  57-17'32" east along said tie line a distance of 136.60 feet to a point;
    10  Thence south 74-45'-00" east along said tie line a  distance  of  100.00
    11  feet  to  an  iron pin; Thence north 04-46'-00" east along said lands of
    12  Schwartz a distance of 100.00 feet to a point in the assumed  centerline
    13  of Campbell Creek; Thence in generally an easterly direction the follow-
    14  ing  courses  and  distances  along  the  assumed centerline of Campbell
    15  Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north
    16  76-53'-00" east a distance of 180.00 feet to a  point;  north  83-05'00"
    17  east  a  distance  of  230.00  feet  to a point; south 66-44'-00" east a
    18  distance of 90.00 feet to a point; south 81-10'-00" east a  distance  of
    19  240.00  feet  to a point; south 45-29'-15" east a distance of 73.18 feet
    20  to a point; Thence south 05-25'-50" west along lands reputedly of  Stan-
    21  ley  Wagner (lib. 450, page 276) a distance of 135.00 feet to a point on
    22  the assumed north line of Military Lot 75; Thence south 84-34'-10"  east
    23  along said lands of Wagner and the assumed north line of Military Lot 75
    24  a  distance  of 1195.06 feet to an iron pin; Thence south O6-57'52" west
    25  along said lands of M. Wagner (lib. 414, page 267)  passing  through  an
    26  iron  pin  215.58  feet  distant, and continuing further along that same
    27  course a distance of 20.59 feet farther, the total distance being 236.17
    28  feet to a point in the assumed centerline of Campbell Creek;  Thence  in
    29  generally  a south easterly direction the following course and distances
    30  along the assumed centerline of Campbell Creek; north 78-23'-09" east  a
    31  distance  of  29.99 feet to a point; south 46-09'-15" east a distance of
    32  65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to
    33  a point; south 61-59'-50" east a distance of 206.91  feet  to  a  point;
    34  north  63-58'-27"  east  a  distance  of  43.12  feet  to a point; south
    35  28-51'-21" east a distance of 47.72 feet to a  point;  south  15-14'-08"
    36  west  a  distance  of  33.42  feet  to  a point; south 79-16'-32" east a
    37  distance of 255.15 feet to a point; south 62-19'-46" east a distance  of
    38  75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to
    39  a point; north 82-12'55" east a distance of 86.00 feet to a point; south
    40  44-13'53"  east  a  distance  of 64.08 feet to a point; north 67-52'-46"
    41  east a distance of 73.98 feet  to  a  point;  north  88-13'-13"  east  a
    42  distance  of  34.64 feet to a point on the assumed west line of New York
    43  State Route 414; Thence south 20-13'-30" east  along  the  assumed  west
    44  line of New York State Route 414 a distance of 248.04 feet to a concrete
    45  monument;  Thence  south 02-10'-30" west along said road line a distance
    46  of 322.90 feet to an iron pin; Thence 13-14'-50" west  along  said  road
    47  line  a  distance of 487.41 feet to an iron pin, said iron pin being the
    48  point and place of beginning;
    49    Comprising an area of 126.807 acres of  land  according  to  a  survey
    50  completed  by  Michael  D.  Karlsen  entitled  "Plan Owned by Stanley A.
    51  Wagner" known as Parcel A of Job number 98-505.
    52    This survey is subject to all  utility  easements  and  easements  and
    53  right-of-ways of record which may affect the parcel of land.
    54    This  survey  is  also  subject  to the rights of the public in and to
    55  lands herein referred to as New York State Route 414.

        A. 10083                           27

     1    This survey intends to describe a portion of the premises as  conveyed
     2  by  Ruth  V.  Wagner  to Stanley A. Wagner by deed recorded February 10,
     3  1989 in Liber 450 of deeds, at Page 286.
     4    This  survey  also  intends  to  describe a portion of the premises as
     5  conveyed by Stanley W. VanVleet to Stanley A. Wagner  by  deed  recorded
     6  April 30, 1980 in Liber 385 of Deeds, at Page 203.
     7   ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
     8  New  York State Route 414 in Military Lot 75 in the Town of Lodi, County
     9  of Seneca, State of New York bounded and described as follows:
    10    Beginning at an iron pin on the assumed east line of  New  York  State
    11  Route  414,  said  iron  pin  being  north 50-44'-57" east a distance of
    12  274.92 feet from the south east corner of  the  parcel  of  land  herein
    13  above  described;  Thence leaving the point of beginning north 00-26'01"
    14  east along a mathematical tie line a distance of 504.91 feet to an  iron
    15  pin;  Thence  south  37-00'-20" east along lands reputedly of Tomberelli
    16  (lib. 419, page 243) passing through an iron pin  176.00  feet  distant,
    17  and  continuing  further  along that same course a distance of 2.01 feet
    18  farther, the total distance being 178.01 feet to a point;  Thence  south
    19  09-03'-55"  west along lands reputedly of M. Wagner (lib. 491, page 181)
    20  a distance of 68.19 feet to an iron pipe; Thence south  15-36'-04"  west
    21  along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
    22  Thence south 72-04'-59" west along said lands of M. Wagner a distance of
    23  20.49  feet  to  an iron pin, said iron pin being the point and place of
    24  beginning.
    25    Comprising an area of 0.727  acre  of  lands  according  to  a  survey
    26  completed  by Michael D. Karlsen entitled "Plan of Land Owned by Stanley
    27  A. Wagner" known as Parcel B of job number 98-505.
    28    This survey is subject to all  utility  easements  and  easements  and
    29  right-of-ways of record which may affect this parcel of land.
    30    This  survey  is  also  subject  to the rights of the public in and to
    31  lands herein referred to as New York State Route 414.
    32    This survey intends to describe the same premises as conveyed by Henry
    33  W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
    34  to Stanley A. Wagner by deed recorded July 2, 1996 in  liber  542,  page
    35  92.
    36    This  survey  also  intends  to  describe a portion of the premises as
    37  conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded  Febru-
    38  ary 10, 1989 in Liber 450 of deeds, at Page 286;
    39    (g)  any  premises  or  business  located  wholly within the following
    40  described parcel: ALL THAT TRACT OR PARCEL OF LAND situate in  the  City
    41  of  Corning,  County  of  Steuben  and  State  of  New  York bounded and
    42  described as follows: Beginning at an iron pin situate at  the  terminus
    43  of  the  westerly  line  of  Townley Avenue at its intersection with the
    44  southwesterly line of New York State Route 17; thence S 00°  45'  18"  E
    45  along  the westerly line of Townley Avenue, a distance of 256.09 feet to
    46  a point; thence S 89° 02' 07" W through an iron pin placed at a distance
    47  of 200.00 feet, a total distance of 300.00 feet to an iron pin; thence N
    48  00° 59' 17" W a distance of 47.13 feet to an iron pin; thence S 89°  02'
    49  07"  W  a  distance  of  114.56 feet to a point situate in the southeast
    50  corner of Parcel A-2 as set forth on a survey map hereinafter described;
    51  thence N 14° 18' 49" E a distance of 124.40 feet to an iron pin  situate
    52  at  the  southeast  corner of lands now or formerly of Cicci (Liber 923,
    53  Page 771); thence N 14° 18' 49" E a distance of 76.46 feet  to  an  iron
    54  pin;  thence  N  00°  57'  53" W a distance of 26.25 feet to an iron pin
    55  marking the southeast corner of parcel A-1 as set forth on  the  herein-
    56  after  described survey map; thence N 00° 58' 01" W a distance of 166.00

        A. 10083                           28

     1  to an iron pin situate at the northeast corner of said Parcel A-1, which
     2  pin also marks the southeast corner of lands now or formerly of  Becraft
     3  (Liber  1048,  Page  1086);  thence N 00° 57' 53" W a distance of 106.00
     4  feet  to  an  iron  pin  situate  in  the southerly line of lands now or
     5  formerly of the United States Postal Service; thence N  89°  02'  07"  E
     6  along the southerly line of said United States Postal Service a distance
     7  of 81.47 feet to a point; thence N 14° 18' 49" E along the easterly line
     8  of  said  United  States  Postal Service a distance of 114.29 feet to an
     9  iron pin situate in the southwesterly line of New York State  Route  17;
    10  thence  S  32°  00' 31" E along the southwesterly line of New York State
    11  Route 17, a distance of 358.93 feet to an iron  pin;  thence  continuing
    12  along the southwesterly line of New York state Route 17, S 38° 30' 04" E
    13  a  distance  of  108.18 feet to the iron pin marking the place of begin-
    14  ning. Said premises are set forth and shown as approximately 4.026 acres
    15  of land designated as Parcel A (excluding Parcels  A-1  and  A-2)  on  a
    16  survey map entitled "As-Built Survey of Lands of New York Inn, LLC, City
    17  of Corning, Steuben County, New York" by Weiler Associates, dated Decem-
    18  ber 27, 2001, designated Job No. 12462;
    19    (h)  any  such  premises  or  businesses located on that certain plot,
    20  piece or parcel of land, situate, lying and being in the Second Ward  of
    21  the  City of Schenectady, on the Northerly side of Union Street, bounded
    22  and described as follows: to wit; Beginning at the Southeasterly  corner
    23  of  the lands lately owned by Elisha L. Freeman and now by Albert Shear;
    24  and running from thence Easterly along the line of Union Street, 44 feet
    25  to the lands now owned by or in the possession of James  G.  Van  Vorst;
    26  thence  Northerly  in a straight line along the last mentioned lands and
    27  the lands of the late John Lake, 102 feet to the lands of one Miss Rodg-
    28  ers; thence Westerly along the line of the last mentioned lands of  said
    29  Rodgers  to  the lands of the said Shear; and thence Southerly along the
    30  lands of said Shear 101 feet, 6 inches to Union  Street,  the  place  of
    31  beginning.
    32    Also  all  that  tract  or parcel of land, with the buildings thereon,
    33  situate in the City of Schenectady, County of Schenectady, and State  of
    34  New  York,  situate  in  the First, formerly the Second Ward of the said
    35  City, on the Northerly side of  Union  Street,  which  was  conveyed  by
    36  William  Meeker  and  wife to Elisha L. Freeman by deed dated the second
    37  day of December 1843, and recorded in the Clerk's Office of  Schenectady
    38  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
    39  said  deed  is bounded and described as follows: Beginning at a point in
    40  the Northerly line of Union Street where it is intersected by the  East-
    41  erly  line  of  property  numbered  235  Union  Street,  which is hereby
    42  conveyed, and running thence Northerly along the Easterly line  of  said
    43  property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
    44  sixteen (16) feet Southerly from the Southerly line of  the  new  garage
    45  built  upon  land  adjoining on the North; thence Westerly parallel with
    46  said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
    47  One  Hundred Forty and Eight-tenths (140.8) feet to the Northerly margin
    48  of Union Street; thence Easterly along the  Northerly  margin  of  Union
    49  Street,  about  Forty-eight and three-tenths (48.3) feet to the point or
    50  place of beginning.
    51    The two above parcels are  together  more  particularly  described  as
    52  follows:
    53    All  that  parcel  of  land  in the City of Schenectady beginning at a
    54  point in the northerly margin  of  Union  Street  at  the  southwesterly
    55  corner  of lands now or formerly of Friedman (Deed Book 636 at page 423)
    56  which point is about 60 feet westerly of  the  westerly  line  of  North

        A. 10083                           29

     1  College  Street  and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
     2  southeasterly corner of other lands now or formerly  of  Friedman  (Deed
     3  Book  798  at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
     4  southwesterly  corner  of  lands  now or formerly of Stockade Associates
     5  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
     6  lands now or formerly of McCarthy (Deed Book 1129 at page  281);  thence
     7  along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
     8  corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
     9  thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;
    10  thence  still  along  lands of SONYMA and lands now or formerly of Magee
    11  (Deed Book 399 at page 165) S. 86 deg.  11'  52"  E.  42.57  feet  to  a
    12  corner;  thence  still  along lands of Magee and Lands of Friedman first
    13  above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of begin-
    14  ning.
    15    Excepting and reserving all that portion of  the  above  parcel  lying
    16  easterly of a line described as follows:
    17    All  that tract or parcel of land, situated in the City of Schenectady
    18  and County of Schenectady and State of New York, on the  Northerly  side
    19  of Union Street bounded and described as follows:
    20    Beginning at a point in the northerly line of Union Street, said point
    21  being  in  the  division  line between lands now or formerly of Electric
    22  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    23  formerly of Margaret Wexler and Donna Lee Wexler Pavlovic,  as  trustees
    24  under  Will  of  Ruth  F. Wexler (Street number 241 Union Street) on the
    25  East; thence North 03 deg. 04' 10" East, along  the  building  known  as
    26  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    27  North  88  deg.  45'  45"  West, along said building and building eve, a
    28  distance of 5.62 feet to a point; thence North 03  deg.  03'  30"  East,
    29  along  said  building  eve of Street No. 241 Union Street, a distance of
    30  32.74 feet; thence South 88 deg. 45' 45" East, along said building  eve,
    31  a  distance  of 1.2 feet to an intersection of building corner of Street
    32  No. 241 Union Street and a brick wall; thence  north  03  deg.  37'  30"
    33  East,  along said brick wall, a distance of 14.47 feet to a point in the
    34  corner of the brick wall, thence South 86 deg. 46' 45" East  along  said
    35  brick  wall  a  distance  of 4.42 feet to the intersection of brick wall
    36  with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)
    37  on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
    38  (aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of
    39  0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
    40  and Donna Lee Wexler Pavlovic.
    41    Also all that tract or parcel of land  commonly  known  as  the  Union
    42  Street  School,  located  on the Northeasterly corner of Union and North
    43  College Streets in the First Ward of the City and County of  Schenectady
    44  and  State  of  New  York,  more  particularly  bounded and described as
    45  follows:
    46    Beginning at a point in the Northerly  street  line  of  Union  Street
    47  where  it  is  intersected  by the Easterly street line of North College
    48  Street, and runs thence Northerly along  the  Easterly  street  line  of
    49  North  College Street, one hundred seven and five-tenths (107.5) feet to
    50  a point, thence easterly at an angle of ninety (90) degrees, one hundred
    51  ninety-one and seventy-five hundredths (191.75) feet to a point  in  the
    52  Northwesterly  street  line of Erie Boulevard thence southwesterly along
    53  the Northwesterly street line of Erie  Boulevard,  one  hundred  twenty-
    54  three  and eight-tenths (123.8) feet to its intersection with the North-
    55  erly street line of Union Street; thence Westerly  along  the  Northerly

        A. 10083                           30

     1  street  line  of  Union  Street,  one hundred twenty-four and fifty-five
     2  hundredths (124.55) feet to the point or place of beginning.
     3    The  above  described parcel of property includes the Blue Line parcel
     4  of land, which is a portion of the abandoned Erie Canal  Lands,  located
     5  in  the  First Ward of the City of Schenectady, New York, and which Blue
     6  Line parcel lies between the Northwesterly line of Erie Boulevard as set
     7  forth in the above described premises and the Northeasterly lot line  of
     8  the  old  Union Street School as it runs parallel with the Northwesterly
     9  line of Erie Boulevard as aforesaid.
    10    The two above parcels are  together  more  particularly  described  as
    11  follows: All that parcel of land in the City of Schenectady beginning at
    12  a  point  in  the northerly margin of Union Street and the northwesterly
    13  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
    14  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
    15  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
    16  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    17  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
    18  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
    19  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
    20  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
    21  ning;
    22    (i) any such premises or businesses located on that tract or parcel of
    23  land situate in the Town of Hopewell, Ontario County, State of New York,
    24  bounded and described as follows: Commencing at a 5/8"  rebar  found  on
    25  the  division  line  between  lands  now or formerly of Ontario County -
    26  Finger Lakes Community College (Liber 698 of Deeds,  Page  466)  on  the
    27  north  and  lands now or formerly of James W. Baird (Liber 768 of Deeds,
    28  Page 1109) on the south; thence, North 43°-33'-40" West, on  said  divi-
    29  sion  line,  a distance of 77.32 feet to the Point of Beginning. Thence,
    30  North 43°-33'-40" West, continuing on said  division  line  and  through
    31  said  lands  of  Ontario County, a distance of 520.45 feet to a point on
    32  the southeasterly edge  of  an  existing  concrete  pad;  thence,  South
    33  74°-19'-53"  West, along said edge of concrete and the projection there-
    34  of, a distance of 198.78 feet to a point on the easterly edge  of  pave-
    35  ment  of an existing campus drive; thence, the following two (2) courses
    36  and distances along said edge of pavement: Northeasterly on a  curve  to
    37  the  left  having  a  radius  of  2221.65 feet, a chord bearing of North
    38  30°-16'-39" East, a  chord  distance  of  280.79,  a  central  angle  of
    39  07°-14'-47",  a  length  of 280.98 feet to a point of reverse curvature;
    40  thence, Northeasterly on a curve to the right having a radius of  843.42
    41  feet,  a  chord  bearing  of North 45°-25'-09" East, a chord distance of
    42  534.08, a central angle of 36°-55'-01", a length of  543.43  feet  to  a
    43  point;  thence,  South 30°-04'-59" East, a distance of 18.28 feet to the
    44  corner of the property acquired by Ontario County (Liber 766  of  Deeds,
    45  Page  1112),  as  shown  on a map recorded in the Ontario County Clerk's
    46  Office as Map No. 6313; thence,  the  following  four  (4)  courses  and
    47  distances  along  said property line: South 30°-04'-59" East, a distance
    48  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
    49  147.53 feet to a point; thence, South 41°-31'-35" East,  a  distance  of
    50  200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
    51  erty  line,  and the projection thereof, through the first said lands of
    52  Ontario County - Finger Lakes Community College  (Liber  698  of  Deeds,
    53  Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel
    54  containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled
    55  "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts
    56  Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01,

        A. 10083                           31

     1  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
     2  erties  are  shown  on  the Map denominated "FLCC Campus Property, FLPAC
     3  Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the
     4  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
     5  at  page  9 and are comprised of the areas separately labeled as Parking
     6  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the
     7  Entry Roads;
     8    (j) any such premises or businesses located on that tract or parcel of
     9  land  situate  lying  and being in the Town of Oneonta, County of Otsego
    10  and State of New York and being a  portion  of  Otsego  County  Tax  Map
    11  Department  Parcel  Number  287.00-1-33  and  bounded  and  described as
    12  follows: Beginning at a point 2.12 feet off the northeasterly corner  of
    13  a  one story building on the lands, now or formerly, of Abner Doubleday,
    14  LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Bren-
    15  da Patton, which point lies N 87°55'13" W a distance of 149.37' from the
    16  northeast corner of the Patton lands; thence N 74°30'18" W a distance of
    17  51.50 feet to a point; thence S 15°29'42" W a distance of 2.00 feet to a
    18  point; thence N 74°30'18" W a distance of 14.00 feet to a point;  thence
    19  S  15°29'42" W a distance of 19.20 feet to a point; thence S 74°30'18" E
    20  a distance of 14.20 feet to a point; thence S 15°29'42" W a distance  of
    21  4.20  feet;  thence  S  74°30'18" E a distance of 51.30 feet to a point;
    22  thence N 15°29'42" E a distance of 25.40 feet to a point  to  the  point
    23  and  place  of beginning.  Containing an area of 1576.06 square feet, or
    24  0.036 acres with such bearings referencing Magnetic North  1995.    This
    25  survey  is subject to any rights of way or easements which may have been
    26  granted to utility companies;
    27    (k) Notwithstanding any other provision of law to  the  contrary,  the
    28  state  liquor authority may issue a license under section fifty-one-a of
    29  this chapter to the owner and/or operator of  the  parcel  described  in
    30  this  paragraph.  The  legal description for the parcel so identified as
    31  the site is as follows:
    32    ALL THAT TRACT OR PARCEL OF LAND situate  in  the  city  of  Syracuse,
    33  County  of  Onondaga  and  State  of  New  York  being more particularly
    34  described as follows:
    35    Beginning at a point in the easterly line  of  North  Clinton  Street,
    36  said  point being approximately 518.65 feet southerly along the easterly
    37  line of North Clinton Street from its intersection  with  the  southerly
    38  line  of  Division Street; thence N. 76° 43' 56" E. a distance of 133.65
    39  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    40  point; thence N. 71° 07' 02" E a distance of 16.99 feet to  a  point  in
    41  the  westerly  line  of  Genant  Drive;  thence  southeasterly along the
    42  westerly line of Genant Drive on a curve to the right with a  radius  of
    43  643.94  feet,  an arc length of 77.63 feet and a chord of S. 16° 43' 54"
    44  E. with a distance of 77.58' to the point of tangency; thence S. 13° 17'
    45  52" E.  a distance of 265.92 feet to a point; thence on a curve  to  the
    46  right  with a radius of 55 feet, an arc length of 57.02 feet and a chord
    47  of S.  16° 23' 37" W. with a distance of 54.53  feet  to  the  point  of
    48  tangency;  thence S. 59° 31' 29" W. a distance of 24.64 feet to a point;
    49  thence S.  71° 26' 56" W. a distance of 142.18 feet to a  point  in  the
    50  easterly  line of N. Clinton Street; thence N. 28° 09' 10" W. a distance
    51  of 364.86 feet to the point and place of beginning.  Said  parcel  being
    52  approximately  1.99  acres. The aforesaid described parcel is also shown
    53  as Lot "1B" (331 Genant Drive) according to a map  entitled  "A  Map  of
    54  Resubdivision  of  a portion of Block D in the Original Village of Syra-
    55  cuse into Lots 1A and 1B, City of Syracuse, Onondaga  County,  State  of
    56  New  York,  Known  as  431 and 311 Genant Drive" by James M. Zuccolotto,

        A. 10083                           32

     1  Licensed Land Surveyor, dated March 20, 2001 and last  revised  May  21,
     2  2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as
     3  Map No. 9408.
     4    EXCEPTING  AND RESERVING THEREFROM, a permanent easement and right-of-
     5  way benefiting Niagara Mohawk  Power  Corporation,  its  successors  and
     6  assigns,  upon  and  across that portion of the above described premises
     7  more particularly described as follows:
     8    Beginning at a point in the easterly line  of  North  Clinton  Street,
     9  said  point being approximately 518.65 feet southerly along the easterly
    10  line of North Clinton Street from its intersection  with  the  southerly
    11  line  of  Division Street; thence N. 76° 43' 56" E. a distance of 133.65
    12  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    13  point; thence N. 71° 07' 02" E a distance of 16.99 feet to  a  point  in
    14  the  westerly  line  of  Genant  Drive;  thence  southeasterly along the
    15  westerly line of Genant Drive on a curve to the right with a  radius  of
    16  643.94  feet, an arc length of 68.17 feet to a point which is the north-
    17  east corner of the Multi-Story Brick Building located on Lot  "1B"  (311
    18  Genant  Drive) as shown on a map entitled "A Map of a Resubdivision of a
    19  portion Of Block D in the Original Village of Syracuse into Lots 1A  and
    20  1B,  City  of Syracuse, Onondaga County, State of New York, known as 431
    21  and 311 Genant Drive" by James M. Zuccolotto,  Licensed  Land  Surveyor,
    22  dated  March  20,  2001  and last revised May 21, 2002, and filed in the
    23  Onondaga County Clerk's Office on May 28, 2002  as  Map  No.  9408  (the
    24  "Subdivision  Map"); thence along the northerly line of said Multi-Story
    25  Brick Building S. 76° 52' 55" W. a distance 283.21 feet to the  easterly
    26  line  of  North  Clinton  Street; thence N. 27° 59' 42" W. a distance of
    27  9.8' to the point and place of beginning. Said easement and right-of-way
    28  shall be a permanent easement appurtenant,  creating  a  property  right
    29  which  shall run with the land, for the purpose of ingress and egress by
    30  Niagara Mohawk Power Corporation, its  successors  and  assigns  to  the
    31  benefited parcel, identified as the Ash Street Substation located on lot
    32  1A  (431  Genant  Drive) as shown on the Subdivision Map, and to access,
    33  maintain, repair, replace and remove the transformer and containment pad
    34  and the two vaults, shown on the Subdivision Map,  and  any  appurtenant
    35  facilities or other property of Niagara Mohawk Power Corporation located
    36  within  said  easement,  provided  that  the Multi-Story Brick Building,
    37  stairs and two air conditioning units shown on the Subdivision  Map  and
    38  located  in  the  easement  area  are part of the real property conveyed
    39  herein and shall not be deemed to be property of  Niagara  Mohawk  Power
    40  Corporation.
    41    ALSO  EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
    42  successors and assigns, from the parcel(s) described in this  deed,  the
    43  permanent right-of-way and easement to operate, maintain, replace and/or
    44  remove  any and all existing gas and electric facilities, and all appur-
    45  tenant facilities thereto, as are now erected upon  the  premises  above
    46  described,  including  the full right, privileges and authority to cross
    47  lands of the party of the second part to gain access to said facilities,
    48  and also including the full right, privileges and authority to  cut  and
    49  remove  all  trees, structures, and other obstructions within the perma-
    50  nent right-of-way, together with the right to cut and remove  any  trees
    51  outside  the permanent right-of-way which in the sole opinion of Niagara
    52  Mohawk Power Corporation, its successors and assigns, are deemed  likely
    53  to  interfere with or pose a hazard to the facilities, provided that the
    54  Multi-Story Brick Building, stairs and two air conditioning units  shown
    55  on  the  Subdivision  Map  shall  not  be removed or modified by Niagara

        A. 10083                           33

     1  Mohawk Power Corporation, its successors and assigns, pursuant  to  this
     2  Right-of-Way and Easement.
     3    ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
     4  successors and assigns, the permanent right-of-way and easement to oper-
     5  ate,  maintain, build, construct, replace and/or remove electric and gas
     6  distribution facilities  within  ten  (10)  feet  of  the  edge  of  any
     7  highway(s) abutting the premises herein deemed necessary by said Niagara
     8  Mohawk  Power  Corporation, its successors and assigns, said easement to
     9  include the full right, privilege and authority to cut  and  remove  all
    10  trees,  structures,  and obstructions within said easement deemed neces-
    11  sary by Niagara Mohawk Power Corporation, provided that the  Multi-Story
    12  Brick  Building  shown  on  the  Subdivision Map shall not be removed or
    13  modified  by  Niagara  Mohawk  Power  Corporation,  its  successors  and
    14  assigns, pursuant to this right-of-way and easement;
    15    (l) ALL that certain plot, piece or parcel of land, situate, lying and
    16  being  in the Town of Greenburgh, County of Westchester and State of New
    17  York, being bounded and described as follows:
    18    BEGINNING at a point on the easterly side of Saw Mill River Road where
    19  the same is intersected by the division line between premises hereinaft-
    20  er described and lands now or formerly of One Riverdale Ave.    Develop-
    21  ment  Co.,  Inc.,  said  point being North 11 Degrees 23' 24" West 22.83
    22  feet from the former North East corner of Saw Mill River Road and Hunter
    23  Lane;
    24    THENCE along said division line, North 82 Degrees 18' 00" East  647.08
    25  feet  to  land  now  or  formerly of One Riverdale Ave. Development Co.,
    26  Inc.;
    27    THENCE northerly along same, North 7 Degrees 42' 00" West 351.52  feet
    28  and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of
    29  lands now or formerly of Hodes Daniels;
    30    THENCE  westerly along same, South 80 Degrees 34' 00" West 85.00 feet,
    31  South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35'  00"  West
    32  120.56  feet,  and South 81 Degrees 15' 00" West 485.74 feet to the east
    33  side of Saw Mill River Road;
    34    THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet
    35  and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING;
    36    (m) ALSO ALL THOSE TRACTS OR PARCELS OF LAND,  situate  in  the  Tenth
    37  Ward  of  the  City of Troy, County of Rensselaer and State of New York,
    38  known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6),  Five
    39  (5),  A Five (A5) and the southerly portions of Lots Four (4) and A Four
    40  (A4), as the same are laid down and described on a certain Map  made  by
    41  Frederick  W.  Orr,  dated  August  15, 1918, filed in the Office of the
    42  Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said
    43  premises hereby intended to be conveyed are  bounded  and  described  as
    44  follows:
    45    COMMENCING  at an iron rod in the westerly side of River Street at the
    46  most southeasterly corner of premises heretofore conveyed by Harry Gold-
    47  berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated
    48  November 8, 1940, recorded November 12, 1940 In the Office of the  Clerk
    49  of the County of Rensselaer in Book 633 of Deeds at page 400 and running
    50  thence southerly along the westerly line of River Street 215.6 feet to a
    51  pipe  in  the  most  southeasterly corner of Lot No. A7; thence westerly
    52  along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to
    53  the easterly shore of the Hudson River; thence northerly along the east-
    54  erly shore of the Hudson River 216 feet more or less to the most  south-
    55  westerly  corner  of land heretofore conveyed by the said Harry Goldberg
    56  and Norman Goldberg  to  Arthur  E.  Collins  and  another  hereinbefore

        A. 10083                           34

     1  recited; thence along the southerly line of lands heretofore conveyed to
     2  said  Collins  and  another  easterly  31.75 feet; thence northerly 6.33
     3  feet; thence easterly 18 feet; thence southerly 6.33 feet; thence  east-
     4  erly 150.57 feet to the point or place of beginning.
     5    EXCEPTING  THEREFROM  that  portion of the above described premises as
     6  were conveyed by John B. Garrett, Inc. to Cahill Orthopedic  Laboratory,
     7  Inc.   by deed dated June 22, 1993 and recorded in the Rensselaer County
     8  Clerk's Office on June 24, 1993 in Book  1690  of  Deeds  at  Page  215,
     9  Containing 17,600 square feet of land more or less.
    10    BEARINGS  refer  to  the  magnetic meridian of 1993. Said premises are
    11  also described as follows: Ward & Plate: 1005500 669 RIVER ST:  frontage
    12  and depth 115.60 x 220.00 being the same premises described in Book 6534
    13  of  Deeds  at Page 256 in the Rensselaer County Clerk's Office and being
    14  the same premises  in  the  2009  City  of  Troy  Assessment  Rolls  and
    15  90.78-3-2.1  In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,
    16  ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and  being  further  bounded
    17  and  described  as follows: BEGINNING at a point marked by a capped iron
    18  rod where the division line between lands  now  or  formerly  of  Walter
    19  Snyder  Printer,  Inc. (Liber 1334, Page 861) on the northeast and lands
    20  herein described on the southwest intersects the northwesterly  side  of
    21  River  Street; running thence South 40° 01' 52" West along the northwes-
    22  terly side of River Street a distance of 100.00 feet to a point;  thence
    23  North 49° 45' 31" West a distance of 41.97 feet to a point at the south-
    24  westerly  corner  of  the building located on the herein described prem-
    25  ises, said point also being the northeasterly  corner  of  the  building
    26  located on the property adjoining on the southwest; thence North 60° 59'
    27  40"  West  along  the building wall located on the property adjoining on
    28  the southwest and the northwesterly continuation of same a  distance  of
    29  140.88  feet to the easterly shore of the Hudson River; thence North 30°
    30  16' 52" East along the shore of the Hudson River  a  distance  of  90.90
    31  feet  to  a  point;  thence  South  60°  44' 08" East along lands now or
    32  formerly of Walter  Snyder  Printer,  Inc.  (Liber  1334,  Page  861)  a
    33  distance of 31.75 feet to a point; thence North 30° 16' 52" East contin-
    34  uing  along  lands  now  or  formerly  of  Walter Snyder Printer, Inc. a
    35  distance of 6.33 feet to a point; thence South 60° 44' 08" East continu-
    36  ing along lands now or formerly of Walter Snyder Printer, Inc a distance
    37  of 18.00 feet to a point; thence South 30° 16' 52" West continuing along
    38  lands now or formerly of Walter Snyder Printer, Inc. a distance of  6.33
    39  feet  to  a  point; thence South 60° 44' 08" East continuing along lands
    40  now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 feet
    41  to the point and place of beginning. Be the aforesaid dimensions in this
    42  clause more or less and encompassing lands considered  to  be  a  single
    43  contiguous parcel;
    44    (n)  any premises licensed under section sixty-four of this chapter in
    45  which a manufacturer or wholesaler holds a direct or indirect  interest,
    46  provided that:
    47    (i)  said  premises  consist  of an interactive entertainment facility
    48  which predominantly offers interactive computer and video  entertainment
    49  attractions, and other games and also offers themed merchandise and food
    50  and  beverages, (ii) the sale of alcoholic beverages within the premises
    51  shall be restricted to an area consisting of not more  than  twenty-five
    52  percent  of  the  total  interior  floor area of the premises, (iii) the
    53  retail licenses shall derive not less than  sixty-five  percent  of  the
    54  total  revenue  generated  by the facility from interactive video enter-
    55  tainment activities and other games, including related  attractions  and
    56  sales  of  merchandise other than food and alcoholic beverages, (iv) the

        A. 10083                           35

     1  interested manufacturer or wholesaler, or its parent company,  shall  be
     2  listed  on  a  national  securities  exchange and its direct or indirect
     3  equity interest in the retail  licensee  shall  not  exceed  twenty-five
     4  percent,  (v)  no more than fifteen percent of said licensee's purchases
     5  of alcoholic beverages for  sale  in  the  premises  shall  be  products
     6  produced  or distributed by the manufacturer or wholesaler, (vi) neither
     7  the name of the manufacturer or wholesaler nor the name of any brand  of
     8  alcoholic  beverage  produced  or  distributed  by  said manufacturer or
     9  wholesaler shall be part of the name of the premises, (vii) the name  of
    10  the  manufacturer or wholesaler or the name of products sold or distrib-
    11  uted by such manufacturer or  wholesaler  shall  not  be  identified  on
    12  signage  affixed  to either the interior or the exterior of the premises
    13  in any fashion, (viii) promotions involving alcoholic beverages produced
    14  or distributed by the manufacturer or wholesaler are not  held  in  such
    15  premises  and further, retail and consumer advertising specialties bear-
    16  ing the name of the manufacturer or wholesaler or the name of  alcoholic
    17  beverages  produced or distributed by the manufacturer or wholesaler are
    18  not utilized in any fashion, given away or sold in  said  premises,  and
    19  (ix)  except  to the extent provided in this paragraph, the licensing of
    20  each premises covered by this exception is subject to all provisions  of
    21  section  sixty-four of this chapter, including but not limited to liquor
    22  authority approval of the specific location thereof;
    23    (o) The provisions of  this  subdivision  shall  not  prohibit  (i)  a
    24  manufacturer  or  wholesaler, if an individual, or a partner, of a part-
    25  nership, or, if a corporation, an officer or director thereof, being  an
    26  officer  or director of a duly licensed charitable organization which is
    27  the holder of a license for on-premises consumption under this  chapter,
    28  nor  (ii)  a  manufacturer  acquiring  any  such  premises if the liquor
    29  authority first consents thereto after determining, upon such proofs  as
    30  it  shall  deem  sufficient,  that  such  premises  is contiguous to the
    31  licensed premises of such manufacturer, and is reasonably necessary  for
    32  the  expansion  of  the  facilities of such manufacturer. After any such
    33  acquisition, it shall be illegal for a manufacturer acquiring  any  such
    34  premises  to  sell or deliver alcoholic beverages manufactured by him to
    35  any licensee occupying such premises;
    36    (p) any such premises or business located in the Town of Carmel, Coun-
    37  ty of Putnam, State of New York, and being more particularly bounded and
    38  described as follows:
    39    BEGINNING at a point on the westerly side of U.S. Route  6  where  the
    40  same  is  intersected  by  Lot No. 1 as shown on "Minor Subdivision Plat
    41  Prepared for Hinckley Holdings LLC Between Tax Lots 55.10-1-1, 55.10-1-3
    42  & 55.6-1-53," filed in the Putnam County Clerks' office on July 18, 2018
    43  as filed map no. 3196 and lands now or formerly  of  the  Putnam  County
    44  Bike  path;  THENCE from said point of beginning along the westerly side
    45  of U.S. Route 6, S 14° 39' 25" E 16.79' to the intersection of Lot  Nos.
    46  1  &  3  as shown on the aforementioned filed map no. 3196; THENCE along
    47  the dividing line between Lot Nos. 1 & 3 as shown on the  aforementioned
    48  filed  map  no. 3196, S 75° 20' 35" W 6.53' to a point on a curve to the
    49  right; THENCE along said curve to the right with a radius of 150.00',  a
    50  length of 49.19' and a central angle of 18° 47' 25" to a point; thence N
    51  85°  52'  00"  W  743.76',  S  2°  05' 46" W 866.14' and N 88° 19' 25" W
    52  258.90' to a point at the intersection of Lot Nos. 1, 2, & 3 as shown on
    53  the aforementioned filed map no. 3196; THENCE along  the  dividing  line
    54  between  Lot  Nos.  1  &  2 as shown on the aforementioned filed map no.
    55  3196, N 28° 38' 52" W 218.96' and N 77° 16' 24" W 239.77' to a point  on
    56  a curve to the right; THENCE along said curve to the right with a radial

        A. 10083                           36

     1  bearing  of S 84° 14' 21" E, a radius of 150.00', a length of 14.91' and
     2  a central angle of 5° 41' 49" to a point; thence N 11° 27' 28" E 300.64'
     3  to a point on a curve to the left; THENCE along said curve to  the  left
     4  with  a radius of 70.00', a length of 121.16' and a central angle of 99°
     5  10' 18" to a point; THENCE N 87° 42' 50" W 58.65'  to  a  point  on  the
     6  easterly  side  of Seminary Hill Road; THENCE along the easterly side of
     7  Seminary Hill Road, N 24° 43' 45" E 16.72', N 22° 06' 20" E  413.76',  N
     8  31°  12' 50" E 6.29', N 43° 03' 10" E 4.16' and N 42° 32' 19" E 6.72' to
     9  a point at the intersection of Lot No. 1 as shown on the  aforementioned
    10  filed map no. 3196 and lands now or formerly of the Putnam County Bikep-
    11  ath;  THENCE  along  the dividing line between Lot No. 1 as shown on the
    12  aforementioned filed map no. 3196 and  lands  now  or  formerly  of  the
    13  Putnam  County Bikepath, N 63° 24' 48" E 12.80', N 72° 52' 19" E 17.05',
    14  S 68° 45' 13" E 41.08', S 88° 19' 31" E 215.42', S 29° 05' 17" E 71.85',
    15  S 74° 05' 17" E 393.67' and S 85° 52' 00" E 617.85'  to  the  point  and
    16  place  of  BEGINNING. Containing within said bounds 13.003 acres of land
    17  more or less; or
    18    (q) ALSO ALL THOSE TRACT OR PARCEL OF LAND, situate, lying  and  being
    19  in the Village of South Glens Falls, County of Saratoga and State of New
    20  York,  being more particularly bounded and described as follows:  BEGIN-
    21  NING at a point at the southwest corner of the herein described  parcel.
    22  Also being the southeast corner of Lands of Village of South Glens Falls
    23  (L.  1448 P. 709) and being on the north boundary of West Marion Street,
    24  thence from said point of beginning: n 21-21'-57" E  150.72  feet  along
    25  lands of the Village of South Glens Falls to a point on the south bound-
    26  ary  of South Glens Falls, thence S 67-34'-02" E 189.04 feet along lands
    27  of Village of South Glens Falls and Mounir  Rahal  to  a  point  at  the
    28  southeast  corner  of  Rahal  and  on the west boundary of U.S.  Rte. 9,
    29  thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the  inter-
    30  section  of  the  west boundary of Rte. 9 and the north boundary of West
    31  Marion Street, thence North  67-32'-32"  West  189.29  feet  along  West
    32  Marion  Street to the point and place of beginning. Said parcel contain-
    33  ing 0.507 plus or minus acres.
    34    6. Notwithstanding any other provision of law to the contrary:
    35    (a)(1) the state liquor authority shall issue a license under  section
    36  seventy-six-a  of  this  chapter to the New York State Wine and Culinary
    37  Center, Inc.  ("center") situated at the premises  known  as:  all  that
    38  certain  plot,  piece or parcel of land, with the buildings and improve-
    39  ments thereon erected, situate, lying and being in the  City  of  Canan-
    40  daigua,  County  of Ontario and State of New York and being more partic-
    41  ularly described as follows: Being at  an  iron  stake  located  on  the
    42  northerly  line  of  Village  Lot  No.  9  where the same intersects the
    43  westerly line of South Main Street; thence south  19  degrees  30'  east
    44  along  the  westerly  street  line of South Main Street a distance of 60
    45  feet to an iron stake which is the point and place of beginning;  thence
    46  (1)  south  69  degrees  54'  west  a distance of 284.26 feet to an iron
    47  stake; thence (2) south 19 degrees 30' east a distance of 248 feet to an
    48  iron stake; thence (3) south 17 degrees  21'  10"  west  a  distance  of
    49  120.05 feet to an iron stake; thence (4) south 81 degrees 52' 20" east a
    50  distance of 236.63 feet to an iron stake; thence (5) north 8 degrees 10'
    51  east a distance of 30 feet to an iron stake; thence (6) south 81 degrees
    52  50'  east  a  distance  of 100 feet to an iron stake; thence (7) north 8
    53  degrees 10' east a distance of 94.97 feet to an iron  stake  located  on
    54  the  westerly  street  line  of  South  Main Street; thence (8) north 19
    55  degrees 30' west along the westerly street line of South Main  Street  a

        A. 10083                           37

     1  distance of 392.52 feet to an iron stake which is the point and place of
     2  beginning.
     3    (ii)  The  center may, but shall not be required to, produce wine as a
     4  condition of such license.
     5    (iii) No person shall be disqualified from acting as a director, offi-
     6  cer, or employee of, or purveyor to, the center by reason of such person
     7  holding a license under this law, or being affiliated  with  a  licensee
     8  under  this law as a shareholder, partner, officer, director, or employ-
     9  ee.
    10    (iv) No person shall be disqualified from being a lender or lessor  to
    11  the center, or a donor, patron, contributor or sponsor from time to time
    12  of  the center through contributions in cash or in kind, on terms agreed
    13  with the board of directors of the center,  by  reason  of  such  person
    14  holding  a  license  under this law, or being affiliated with a licensee
    15  under this law as a shareholder, partner, officer, director, or  employ-
    16  ee. Such persons shall be entitled, regardless of their licensing status
    17  under  this  law,  to  obtain all the benefits generally approved by the
    18  board of directors of the  center  and  offered  to  donors  of  similar
    19  amounts.
    20    (v)  Notwithstanding  any  other provision of law to the contrary, the
    21  center is expressly authorized to:
    22    (A) sell New York state produced wines, beers,  ciders  and  distilled
    23  spirits for both on and off premise consumption;
    24    (B)  offer  tastings  on  the premises of such products and charge the
    25  general public such amounts as it  deems  fit  for  such  tastings.  For
    26  purposes  of this section, tastings may be conducted in a common tasting
    27  area on the premises;
    28    (C) provide banquet  and  entertainment  facilities  for  the  general
    29  public  for  private parties in consideration of such fees as are estab-
    30  lished by the board of directors of the center from time to time, and to
    31  sell and  serve  at  such  events  wines,  ciders,  malt  beverages  and
    32  distilled spirits selected by persons hiring the facilities; and
    33    (D)  hold  through a wholly owned subsidiary a branch office permit at
    34  the Finger Lakes Welcome Center situated at the premises known as:
    35    All that tract or parcel of land situate in the City of Geneva, County
    36  of Ontario, State of New York, all as shown on a map entitled  "Existing
    37  Building  Exhibit Finger Lakes Welcome Center" prepared by Costich Engi-
    38  neering D.P.C dated February 28, 2018 having dwg # 4750 VE110 and  being
    39  more particularly bounded and described as follows:
    40    Beginning  at  the  existing  northwest  corner of the One Story Frame
    41  Finger Lakes Welcome Center having grid  coordinates  of  N1046012.35  E
    42  714603.03  referenced  to  the New York State Plane Coordinate System of
    43  1983 Central Zone; thence Easterly, and along the existing building face
    44  a distance of 52.3 feet to a point;  thence  Northerly,  and  along  the
    45  existing building face a distance of 5.3 feet to a point; thence Easter-
    46  ly,  and  along  the existing building face a distance of 40.3 feet to a
    47  point; thence Southerly, and along the existing building face a distance
    48  of 26.5 feet to a point; thence Easterly, and along the existing  build-
    49  ing  face a distance of 5.4 feet to a point; thence Southerly, and along
    50  the existing building face a distance of 15.0 feet to  a  point;  thence
    51  Easterly, and along the existing building face a distance of 8.5 feet to
    52  a  point;  thence  Southerly,  and  along  the  existing building face a
    53  distance of 31.3 feet to a point; thence Westerly, and along the  exist-
    54  ing  building face a distance of 28.1 feet to a point; thence Northerly,
    55  and along the existing building face a distance of 4.4 feet to a  point;
    56  thence Westerly, and along the existing building face a distance of 26.1

        A. 10083                           38

     1  feet  to a point; thence Southerly, and along the existing building face
     2  a distance of 42.2 feet and continuing southerly on the building  exten-
     3  sion line a distance of 28 feet comprising a total distance of 70.2 feet
     4  to  a  point  on  the southerly limit of the existing patio area; thence
     5  Westerly, and along the southerly limits of the existing  patio  area  a
     6  distance of 95 feet to a point; thence Northerly, and along the westerly
     7  limits  of  the  existing patio area a distance of 11 feet to a point of
     8  curvature; thence Northerly, along a curve to the  left  and  along  the
     9  westerly  limits  of  the existing patio area a distance of 19 feet to a
    10  point; thence Northerly, and along the westerly limits of  the  existing
    11  patio  area a distance of 18 feet to a point; thence Easterly, and along
    12  the northerly limits of the existing patio area a distance of 27 feet to
    13  a point on the existing building face; thence Northerly, and  along  the
    14  existing  building face a distance of 45.7 feet to a point; thence East-
    15  erly, and along the existing building face a distance of 28.1 feet to  a
    16  point; thence Northerly, and along the existing building face a distance
    17  of 44.9 feet to the point and place of beginning.
    18    (b)(i)  the state liquor authority shall issue a license under section
    19  seventy-six-a of this chapter to the  Finger  Lakes  Wine  Center,  Inc.
    20  ("center") situated at the premises known as:
    21    All that tract or parcel of land situate in the City of Ithaca, County
    22  of Tompkins and State of New York, bounded and described as follows:
    23    PARCEL A:
    24    BEGINNING  at  a point at the intersection of the easterly street line
    25  of South Cayuga Street with the northerly street line  of  East  Clinton
    26  Street;
    27    thence  North 02 degrees 05 minutes 21 seconds West along the easterly
    28  street line of South Cayuga Street a distance of 273.47 feet to a point;
    29    thence North 87 degrees 29 minutes 52 seconds East a distance of 77.84
    30  feet to a point;
    31    thence South 02 degrees 30 minutes  08  seconds  East  a  distance  of
    32  108.17 feet to a point;
    33    thence North 87 degrees 29 minutes 52 seconds East a distance of 46.83
    34  feet to a point;
    35    thence  South  02  degrees  30  minutes  08 seconds East a distance of
    36  107.31 feet to a point;
    37    thence North 87 degrees 29 minutes 52 seconds East a distance of 12.17
    38  feet to a point;
    39    thence South 02 degrees 30 minutes 08 seconds East a distance of 24.70
    40  feet to a point;
    41    thence South 87 degrees 29 minutes 52 seconds West a distance of 12.17
    42  feet to a point;
    43    thence South 02 degrees 30 minutes 08 seconds East a distance of 33.50
    44  feet to a point in the northerly street line of East Clinton Street;
    45    thence South 87 degrees 35 minutes  39  seconds  West  a  distance  of
    46  126.65 feet to the point of beginning, containing 0.680 acres of land.
    47    SUBJECT to the following:
    48    Restrictive  covenants running with the land, contained in a Deed from
    49  the Ithaca Urban Renewal Agency to the City of  Ithaca  dated  July  13,
    50  1976  and  recorded in said Clerk's Office on July 13, 1977 in Liber 558
    51  of Deeds at page 672.
    52    Restrictive covenants running with the land, contained in a Deed  from
    53  the  Ithaca  Urban  Renewal  Agency to the City of Ithaca dated July 13,
    54  1977 and recorded in said Clerk's Office on July 13, 1977 in  Liber  558
    55  of Deeds at page 684.

        A. 10083                           39

     1    A  right  of way reserved to the Grantor to enter upon lands contained
     2  within the boundary lines of Six Mile Creek to make excavations,  remove
     3  gravel  and  other  material from the creek bed, erect walls and embank-
     4  ments, etc., as granted by instrument of Salem Twist,  et.  al.    dated
     5  August  8,  1906  and  recorded in the Tompkins County Clerk's Office on
     6  January 31, 1907 in Liber 166 of Deeds at page 163.
     7    Right of way for ingress and egress  conveyed  by  instrument  by  and
     8  between  the Ithaca Urban Renewal Agency and D.M. Abbot Investors Corpo-
     9  ration dated May 17, 1967 and recorded in said Clerk's Office  in  Liber
    10  469 of Deeds at page 25.
    11    The  provisions  of Exhibit A to the Air Rights Lease related to CDP's
    12  access to the Premises for repairs and maintenance.
    13    TOGETHER WITH:
    14    1. A right of way for ingress and egress conveyed by instrument by and
    15  between D.M. Abbott Investors Corp. and the Ithaca Urban Renewal  Agency
    16  dated  November  24, 1967 and recorded in said Clerk's Office on January
    17  21, 1969 in Liber 479 of Deeds at page 640; and
    18    2. An easement in common  with  others  over  the  premises  shown  as
    19  "Parcel  B"  on  the  below-referenced  survey  map for ingress from and
    20  egress to South Cayuga Street.
    21    The above described premises are SHOWN AS "Parcel A" on a  survey  map
    22  entitled  "Boundary  Map  Showing  Property  Bounded North by East Green
    23  Street, South by East Clinton Street, West by South  Cayuga  Street  and
    24  Southeast  by  Six Mile Creek, Designated for a Proposed Project 'Cayuga
    25  Green at Six Mile Creek', City of Ithaca, Tompkins  County,  New  York,"
    26  dated  November  20, 2003 and labeled as job number S02-530, prepared by
    27  T.G. Miller, P.C., Engineers and Surveyors, hereinafter referred  to  as
    28  "the Survey Map".
    29    (ii)  The  center may, but shall not be required to, produce wine as a
    30  condition of such license.
    31    (iii) No person shall be disqualified from acting as a director, offi-
    32  cer, or employee of, or purveyor to, the center by reason of such person
    33  holding a license under this chapter, or being affiliated with a  licen-
    34  see  under this chapter as a shareholder, partner, officer, director, or
    35  employee.
    36    (iv) No person shall be disqualified from being a lender or lessor  to
    37  the center, or a donor, patron, contributor or sponsor from time to time
    38  of  the center through contributions in cash or in kind, on terms agreed
    39  with the board of directors of the center,  by  reason  of  such  person
    40  holding  a license under this chapter, or being affiliated with a licen-
    41  see under this chapter as a shareholder, partner, officer, director,  or
    42  employee.  Such persons shall be entitled, regardless of their licensing
    43  status under this chapter, to obtain all the benefits generally approved
    44  by the board of directors of the center and offered to donors of similar
    45  amounts.
    46    (v) The center is expressly authorized to:
    47    (A) charge the general public such amounts as  it  sees  fit  for  the
    48  tasting of New York state wines sold on the premises;
    49    (B)  provide  banquet  and  entertainment  facilities  for the general
    50  public for private parties in consideration of such fees as  are  estab-
    51  lished  by the board of directors of the center from time to time and to
    52  sell and serve at such events wines, malt beverages and distilled  spir-
    53  its selected by persons hiring the facilities; and
    54    (C)  provide  for wine related and other educational classes as deemed
    55  appropriate by the center, either alone or  in  conjunction  with  other
    56  entities that conduct educational classes, and charge the general public

        A. 10083                           40

     1  such  amounts  as  it  sees  fit  for  the  purpose  of carrying out the
     2  provisions of this subparagraph.
     3    (c)  The  state liquor authority may issue a license under subdivision
     4  two-c of section sixty-one of this chapter to the owner and/or  operator
     5  of  the  parcels described in this paragraph. The legal descriptions for
     6  the three parcels so identified as the site are as follows:
     7                                  PARCEL A
     8    All that piece or parcel of property situate in the  Village  of  Lake
     9  George,  County  of  Warren,  State  of  New  York and being bounded and
    10  described as follows:
    11    BEGINNING at a point at the intersection of the southwesterly boundary
    12  of Beach Road with the southeasterly boundary of lands now  or  formerly
    13  of  Holly  RAJ  Inc.,  and  running  thence southeasterly along the said
    14  southwesterly boundary of Beach Road and the southwesterly  boundary  of
    15  lands  now  or  formerly of the Village of Lake George the following (9)
    16  nine courses and distances: 1) South 47° 49' 51" East 49.20  feet  to  a
    17  point; 2) South 41° 08' 51" East 50.18 feet to a point; 3) South 34° 19'
    18  51"  East 20.62 feet to a point; 4) South 34° 19' 51" East 29.38 feet to
    19  a point; 5) South 28° 23' 51" East 54.00 feet to a point; 6)  South  23°
    20  28'  51"  East  75.29  feet to a point; 7) South 25° 57' 51" East 130.22
    21  feet to a point; 8) South 30° 43' 21" East 109.09 feet to a  point;  and
    22  9)  South  29°  21' 51" East 140.00 feet to a point in the northwesterly
    23  boundary of the premises conveyed by The Counties of Warren and Washing-
    24  ton Industrial Development Agency to The Fort William Henry  Corporation
    25  by  deed  dated  May  18, 1998 and recorded in the Warren County Clerk's
    26  Office on May 28, 1998 in Liber 1066 of Deeds at Page 279; thence  South
    27  60°  37'  18" West along the said northwesterly boundary of the premises
    28  conveyed by The Counties of Warren and Washington Industrial Development
    29  Agency to The Fort William Henry Corporation  70.01  feet  to  a  point;
    30  thence  northwesterly  along the northeasterly boundary of said premises
    31  conveyed by The Counties of Warren and Washington Industrial Development
    32  Agency to The Fort William Henry  Corporation  the  following  (5)  five
    33  courses and distances: 1) North 29° 21' 51" West 139.17 feet to a point;
    34  2)  North  30° 43' 21" West 111.17 feet to a point; 3) North 25° 55' 51"
    35  West 130.20 feet to a point; 4) North 26° 32' 41" West 145.00 feet to  a
    36  point; and 5) North 42° 42' 21" West 120.00 feet to a point in the first
    37  mentioned  southeasterly  boundary of lands now or formerly of Holly RAJ
    38  Inc.; thence North 51° 01' 09" East along the said southeasterly bounda-
    39  ry of lands now or formerly of Holly RAJ Inc. 70.00 feet to the point of
    40  beginning, containing 1.062 acres of land, being the same more or less.
    41                                  PARCEL B
    42    All that piece or parcel of property situate in the  Village  of  Lake
    43  George,  County  of  Warren,  State  of  New  York and being bounded and
    44  described as follows:
    45    BEGINNING at a point at the intersection of the easterly  boundary  of
    46  New  York  State  Route  9N  with the northerly boundary of lands now or
    47  formerly of Charles R. Wood Foundation,  and  running  thence  northerly
    48  along  the said easterly boundary of New York State Route 9N the follow-
    49  ing four (4) courses and distances: 1) North 03°- 06'-  51"  West  54.12
    50  feet  to a point; 2) North 00°- 54'- 09" East 281.77 feet to a point; 3)
    51  North 01°-45'- 09" East 59.83 feet to a point; and 4)  North  02°-  47'-
    52  35"  West  51.87  feet to an iron pin in the southerly boundary of other
    53  lands now or formerly of Fort William Henry Corporation; thence easterly
    54  along the said southerly boundary of other lands now or formerly of Fort
    55  William Henry Corporation the following three (3) courses and distances:
    56  1) North 88°- 22'- 09" East 475.96 feet to a point; 2) North  60°-  07'-

        A. 10083                           41

     1  09"  East  66.22 feet to a point; and 3) North 47°- 47'- 09" East 315.47
     2  feet to an iron pipe in the easterly boundary of lands now  or  formerly
     3  of  the Village of Lake George; thence southerly along the said easterly
     4  boundary  of  lands  now  or  formerly of The Village of Lake George the
     5  following three (3) courses and distances: 1) South 32°- 08'-  51"  East
     6  148.00  feet  to  a  point; 2) South 37°- 04'- 51" East 221.91 feet to a
     7  point; and 3) South 32°- 47'- 51" East 83.60 feet  to  a  point  in  the
     8  northerly  boundary  of  the  aforementioned  lands  now  or formerly of
     9  Charles R. Wood Foundation; thence westerly  along  the  said  northerly
    10  boundary  of  lands  now  or  formerly of Charles R. Wood Foundation the
    11  following four (4) courses and distances: 1) South 55°-  39'-  09"  West
    12  188.00  feet  to  a square head bolt; 2) South 68°- 08'- 09" West 115.00
    13  feet to a point; 3) South 81°- 37'-09" West 240.84 feet to a point;  and
    14  4)  South  74°-  08'-  09"  West  546.05 feet to the point of beginning,
    15  containing 8.558 acres of land, being the same more or less.
    16    ALSO, ALL that certain piece or parcel of land situate lying and being
    17  in the Village of Lake George, County of  Warren,  State  of  New  York,
    18  being more particularly described as follows:
    19    COMMENCING at a point located on the westerly boundary of lands now or
    20  formerly of Warren County as described in Liber 281, Page 51, said point
    21  also  being on the division line between lands now or formerly of Warren
    22  County (Liber 4390 Page 154) on the south and lands now or  formerly  of
    23  Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along
    24  said  division  line  South  40°27'30" West, 188.00 feet to the Point of
    25  Beginning; thence through said lands  of  Warren  County  the  following
    26  three  (3) courses and distances: 1) South 33°45'28" West, 74.95 feet to
    27  a point, 2) South 59°52'14" West, 108.57 feet to a point, and  3)  North
    28  75°07'46"  West, 41.87 feet to a point on the division line between said
    29  lands of Warren County on the south and lands now or  formerly  of  Fort
    30  William Henry Corp. (Liber 497 Page 222) on the north; thence along said
    31  division  line North 66°25'30" East, 91.92 feet to a point; thence North
    32  52°56'30" East, 115.00 feet to the point or place of beginning.
    33    EXCEPTING AND RESERVING THEREFROM, ALL that certain piece or parcel of
    34  land situate lying and being in the Village of Lake  George,  County  of
    35  Warren, State of New York, being more particularly described as follows:
    36    BEGINNING  at a point located on the westerly boundary of lands now or
    37  formerly of Warren County as described in Liber 281, Page 51, said point
    38  also being on the division line between lands now or formerly of  Warren
    39  County  (Liber  4390 Page 154) on the south and lands now or formerly of
    40  Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along
    41  said division line South 40°27'30" West, 188.00 feet to a point;  thence
    42  through  said  lands  now  or formerly of Fort William Henry Corp. North
    43  33°45'28" East, 102.84 feet to a point;  thence  North  40°27'30"  East,
    44  85.36  feet  to a point on the aforementioned westerly boundary of lands
    45  now or formerly of Warren County (Liber 281, Page 51); thence along said
    46  westerly boundary South 51°54'30" East, 12.01 feet to the point or place
    47  of beginning.
    48                                  PARCEL C
    49    All that piece or parcel of property situate in the  Village  of  Lake
    50  George,  County  of  Warren,  State  of  New  York and being bounded and
    51  described as follows:
    52    BEGINNING at an iron pin at the intersection of the easterly  boundary
    53  of  New  York  State Route 9N with the northerly boundary of other lands
    54  now or formerly of  Fort  William  Henry  Corporation;  said  pin  being
    55  located  the following four (4) courses and distances northerly from the
    56  intersection of the easterly boundary of New York State  Route  9N  with

        A. 10083                           42

     1  the northerly boundary of lands now or formerly of Charles R. Wood Foun-
     2  dation:  1)  North 03°- 06'- 51" West 54.12 feet; 2) North 00°- 54'- 09"
     3  East 281.77 feet; 3) North 01°- 45'- 09" East 59.83 feet; and  4)  North
     4  02°-  47'-  35"  West  51.87 feet, and running thence from said point of
     5  beginning northerly along the said easterly boundary of New  York  State
     6  Route  9N  the  following seven (7) courses and distances: 1) North 03°-
     7  29'-09" East 105.00 feet to a point; 2) North 09°- 11'- 09"  East  60.10
     8  feet  to a point; 3) North 05°- 41'- 09" East 161.06 feet to a point; 4)
     9  North 09°- 28'-34" East 124.23 feet to an iron pin; 5) North  14°-  08'-
    10  27"  East  150.26 feet to a square monument; 6) North 22°- 36'- 14" East
    11  111.15 feet to a point; and 7) North 17°- 47'- 09" East 91.79 feet to an
    12  iron pipe in the southerly boundary of lands now or formerly of  Adiron-
    13  dack Entertainment and Recreation, Inc.; thence South 59°- 07'- 51" East
    14  along the said southerly boundary of lands now or formerly of Adirondack
    15  Entertainment  and  Recreation, Inc. 40.70 feet to a point; thence North
    16  51°- 01'- 09" East along the southeasterly boundary of said lands now or
    17  formerly of Adirondack Entertainment and Recreation, Inc.   167.30  feet
    18  to a point in the southwesterly boundary of lands now or formerly of The
    19  Adirondack  Lakeview  Corporation;  thence  southeasterly along the said
    20  southwesterly boundary of lands now or formerly of The Adirondack  Lake-
    21  view  Corporation the following five (5) courses and distances: 1) South
    22  42°- 42'- 21" East 120.00 feet to a point; 2) South 26°- 32'-  41"  East
    23  145.00  feet  to  a  point;  3) South 25°-55'- 51" East 130.20 feet to a
    24  point; 4) South 30°- 43'- 21" East 111.17 feet to a point; and 5)  South
    25  29°-  21'-  51"  East 139.17 feet to a point; thence North 60°- 37'- 18"
    26  East along the southeasterly boundary of said lands now or  formerly  of
    27  The Adirondack Lakeview Corporation 70.01 feet to a point in the wester-
    28  ly  boundary  of  lands  now  or formerly of the Village of Lake George;
    29  thence southerly along the  said  westerly  boundary  of  lands  now  or
    30  formerly of The Village of Lake George the following two (2) courses and
    31  distances:  1)  South  29°-  21'- 51" East 32.24 feet to a point; and 2)
    32  South 30°- 27'- 51" East 73.00 feet to an iron  pipe  in  the  northerly
    33  boundary  of  other  lands  now or formerly of Fort William Henry Corpo-
    34  ration; thence westerly along the said northerly boundary of other lands
    35  now or formerly of Fort William Henry Corporation  the  following  three
    36  (3)  courses and distances: 1) South 47°- 47'- 09" West 315.47 feet to a
    37  point; 2) South 60°- 07'- 09" West 66.22 feet to a point; and  3)  South
    38  88°-  22'-  09"  West  475.96 feet to the point of beginning, containing
    39  9.398 acres of land, being the same more or less.
    40    (d) The state liquor authority may issue a license under paragraph (b)
    41  of subdivision five of section sixty-four-c of this chapter to the Culi-
    42  nary Institute of  America,  the  owner  and  operator  of  the  parcels
    43  described  in this subdivision, notwithstanding that such beer brewed on
    44  its premises shall be sold to restaurant licensees on  its  premises  by
    45  said  Culinary  Institute of America directly and not through a New York
    46  state licensed beer wholesaler. The legal descriptions for  the  parcels
    47  identified as the site are as follows:

    48                                 SCHEDULE A

    49    ALL  that certain tract, lot and parcel of land lying and being in the
    50  Town of Hyde Park, County of Dutchess and State of New York, being  more
    51  particularly described as follows:
    52    BEGINNING  at  a  point  on the easterly side of Albany Post Road (NYS
    53  Route 9), said point  being  the  southwesterly  corner  of  the  herein
    54  described premises and the northwesterly corner of lands now or formerly

        A. 10083                           43

     1  of  Traver;  running  thence along the said easterly side of Albany Post
     2  Road the following four (4) courses and distances:  North  03°  15'  30"
     3  East  68.91  feet,  North 09° 35' 20" East 31.09 feet, North 06° 53' 00"
     4  East  148.62  feet,  and North 12° 25' 00" East 62.03 feet to the corner
     5  formed by the intersection of the said easterly side of Albany Post Road
     6  and the Southerly side of West Dorsey Lane;  running  thence  along  the
     7  said  southerly  side  of  West Dorsey Lane North 38° 26' 00" East 25.02
     8  feet, North 63° 13' 00" East 37.83 feet, and  North  67°  25'  00"  East
     9  121.38  feet  to  the  northwest  corner  of  lands  now  or formerly of
    10  Firneiss; running thence along the westerly and southerly line of  lands
    11  now  or  formerly  of  Firneiss,  South 03° 16' 59" East 179.57 feet and
    12  South 79° 13' 59" East 121.73 feet to lands now or formerly of  Maidman;
    13  running thence along the westerly line of lands now or formerly of Maid-
    14  man  South  28°  34' 00" West 105.08 feet, South 32° 18' 00", East 12.15
    15  feet, and South 35° 55' 00" West 193.04 feet to lands now or formerly of
    16  Traver; running thence along lands now or formerly of Traver  North  68°
    17  00'  00" West 188.12 feet to the said easterly side of Albany Post Road,
    18  the point or place of beginning.
    19    EXCEPTING AND RESERVING THEREFROM:
    20    ALL that piece or parcel of property hereinafter designated as  Parcel
    21  No.  72,  being a portion of Section 6063-02, Parcel 987506, as shown on
    22  the Official Tax Map, situate in the Town of Hyde Park, County of Dutch-
    23  ess, State of New York as shown on the accompanying map and described as
    24  follows:
    25    PARCEL NO. 72
    26    BEGINNING at a point on the southeasterly  boundary  of  the  existing
    27  West Dorsey Lane at the intersection of the said boundary with the divi-
    28  sion  line  between  the property of Herbert Redl (reputed owner) on the
    29  west and the  property  of  Michael  Firneiss  and  Margaretha  Firneiss
    30  (reputed  owner) on the east, said point being 160+ feet distant easter-
    31  ly, measured at right angles, from station H2654-74+ of the  hereinafter
    32  described  survey  baseline  for the reconstruction of the Poughkeepsie-
    33  Hyde Park State Highway No. 453; thence southerly  along  said  division
    34  line  59+  feet to a point 168+ feet distant easterly, measured at right
    35  angles, from station H265+16+ of said baseline; thence through the prop-
    36  erty of Herbert Redl (reputed owner) the following two (2)  courses  and
    37  distances:  (1)  South  74° 03'-27" West 68+ feet to a point 101.00 feet
    38  distant easterly, measured at right angles, from station  H265+08.00  of
    39  said  baseline;  and  (2) North 30° 39' 40" West, 32+ feet to a point on
    40  the southerly boundary of said  existing  West  Dorsey  Lane,  the  last
    41  mentioned  point  being  86±  feet  distant  easterly, measured at right
    42  angles, from station H265+37+ of  said  baseline;  thence  northeasterly
    43  along the last mentioned boundary of said existing West Dorsey Lane, 83+
    44  feet  to  the  point of beginning; being 3,327 square feet or 0.076 acre
    45  more or less.
    46    The above mentioned survey baseline is a portion of  the  1988  survey
    47  baseline  for  the  reconstruction  of the Poughkeepsie-Hyde Park, State
    48  Highway No. 453 as shown on a map and plan on file in the office of  the
    49  State Department of Transportation and described as follows:
    50    BEGINNING  at  a  station  H258+36.14; thence North 09° 19'45" West to
    51  station H267+62.73.
    52    ALL bearings referred to TRUE NORTH at the 74' - 20' MERIDIAN OF  WEST
    53  LONGITUDE.
    54    SUBJECT  to  utility  company agreements, easements, covenants, condi-
    55  tions and restrictions of record.

        A. 10083                           44

     1    SUBJECT to the following restrictions, to run with the land in  perpe-
     2  tuity  and  be enforceable at law or in equity by the party of the first
     3  part, its successors and assigns:
     4    (i) the premises may not be used, in whole or in part, for any form of
     5  live  entertainment including, but not limited to, bands or DJ's, at any
     6  time; provided however, this restriction shall  automatically  terminate
     7  five (5) years from the date of this deed; and
     8    (ii) if the premises are used to serve any form of alcoholic beverage,
     9  the  premises  must  be  closed for business no later than 11:59 o'clock
    10  p.m. every day; provided, however, this restriction shall  automatically
    11  terminate five (5) years from the date of this deed.
    12    The  party  of the second part waives and releases any claim that said
    13  restrictions are unenforceable for any reason, including the  allegation
    14  that  such  restrictions  constitute a restraint upon alienation, are an
    15  unreasonable restriction or restraint on business or  economic  develop-
    16  ment,  are a violation of any law, regulation or right, or that they are
    17  not for the benefit of adjoining lands, or are  not  part  of  a  common
    18  scheme  or plan, it being clearly understood and expressly agreed by the
    19  parties that these restrictions are for the benefit of the party of  the
    20  first  part's  other  businesses  and properties, for the term set forth
    21  above both now and hereafter, and that the  lack  of  such  restrictions
    22  will  damage  and  harm the grantor, its successors and assigns. Without
    23  all of these restrictions, the party of the first part  would  not  sell
    24  the  premises  to  the  party  of  the second part. In any proceeding to
    25  enforce said restrictions or prevent the violation thereof, the party of
    26  the first part shall be entitled to judgment for its costs  and  reason-
    27  able  attorney's  fees. The parties execute this deed to acknowledge the
    28  preceding restrictions.
    29    The premises are not in an  agricultural  district  and  are  entirely
    30  owned by the transferor.
    31    This  conveyance was unanimously approved by the board of directors of
    32  the grantor corporation and all of its shareholders. This  statement  is
    33  made pursuant to Section 909 of the Business Corporation Law.

    34                                 SCHEDULE B

    35    ALL  that  plot, piece or parcel of land situate and being in the Town
    36  of Hyde Park, County of Dutchess and State  of  New  York,  bounded  and
    37  described as follows:
    38    BEGINNING  at  a  point  on  the westerly boundary of US Route 9, (AKA
    39  Albany Post Road), said point being  the  southeasterly  corner  of  the
    40  herein described parcel and said point being the northeasterly corner of
    41  the  lands  now or formerly of St Andrews Chapel; thence along the divi-
    42  sion line between the herein described parcel  and  said  lands  now  or
    43  formerly  of  St Andrews Chapel; N 75°47'50" W 14.13 feet, N 88°00'00" W
    44  19.26 feet, S 89°03'40" W 71.81  feet,  N  85°27'10"  W  26.53  feet,  N
    45  78°46'10"  W  19.94  feet, N 67°29'50" W 16.69 feet, N 59°35'20" W 19.23
    46  feet, N 38°17'40" W 23.84 feet, N 24°05'30" W 19.00 feet, N 09°55'10"  W
    47  37.76  feet,  N  14°28'00"  W  46.56  feet,  N 27°34'30" W 37.18 feet, N
    48  41°31'30" W 33.65 feet, N 49°50'10" W 23.03 feet, N  53°39'00"  W  32.91
    49  feet,  S  14°48'10"  W 3.06 feet, S 44°29'40" W 7.00 feet, S 44°31'13" W
    50  59.42 feet, S  49°07'20"  18.46  feet,  S  71°48'50"  W  21.08  feet,  N
    51  79°41'00"  W  22.25  feet  and 12°45'40" W 164.91 feet to a point on the
    52  northerly boundary of Marilyn C. Hoe as described in Liber 1859 of deeds
    53  at page 118; thence along the division line between the herein described
    54  parcel and said lands now or formerly of Hoe, N 77°14'20" W 144.93 feet,

        A. 10083                           45

     1  N 78°11'10" W 166.93 feet, N 77°46'10" W  113.88  feet,  N  75°19'10°  W
     2  99.31  feet  and  N  76°27'50"  W 255.82 feet to a point on the easterly
     3  bounds of the lands now or formerly of New York  Central  Lines  LLC  as
     4  described  in  deed  document  # 02-1999-5513; thence along the division
     5  line between the herein described parcel and said lands now or  formerly
     6  of  New York Central Lines LLC, N 07°10'10" E 386.40 feet, S 81°18'10" E
     7  12.00 feet, N 08°41'50" E 600.00 feet, N 12°59'10" E 200.56 feet  and  N
     8  08°41'50" E 151.13 feet to the point of curvature of a non-tangent curve
     9  to the right having a radius of 3010.00 feet; thence northeasterly along
    10  said  curve  an  arc  length  of  240.05  feet, having a chord bearing N
    11  10°57'40" E 239.98 feet to a point; thence N 76°46'30" W 10.00  feet,  N
    12  13°13'30"  E  499.68  feet and N 02°20'30" E 132.97 feet to the point of
    13  curvature of a non-tangent curve to the left having a radius of  4077.00
    14  feet;  thence  northeasterly  along  said  curve an arc length of 249.92
    15  feet, having a chord bearing N 11°02'44"  E  249.88  feet  to  a  point;
    16  thence N 25°43'50" E 134.21 feet, N 07°55'30" E 257.99 feet, N 07°21'10"
    17  W  285.52  feet,  N 02°27'50" E 482.00 feet, N 47°10'10" W 26.25 feet, N
    18  02°27'50" E 466.37 feet and N 87°32'10" W 20.00 feet  to  the  point  of
    19  curvature  of a non-tangent curve to the left having a radius of 3165.00
    20  feet; thence northwesterly along said curve  an  arc  length  of  293.54
    21  feet,  having  a  chord  bearing  N  00°11'31" W 293.43 feet to a point;
    22  thence N 01°22'30" E 110.01 feet to the point of curvature of a non-tan-
    23  gent curve to the left having a radius of 3175.00 feet; thence northwes-
    24  terly along said curve an arc length of  141.96  feet,  having  a  chord
    25  bearing  N 06°06'27" W 141.95 feet to a point; thence along the division
    26  line between the herein described parcel and the lands now  or  formerly
    27  of  the United States of America as described in deed document 402-2002-
    28  4850 and designated as Lot 1 as shown on Filed Map #10481, S 36°25'00" E
    29  87.53 feet, S 57°59'40" E 52.51 feet,  S  77°19'10"  E  166.22  feet,  S
    30  77°55'50" E 100.43 feet, S 77°40'40" E 107.11 feet, N 35°39'40" E 233.03
    31  feet,  N 36°54'30" E 105.52 feet, N 69°23'50" E 179.67 feet, N 35°19'50"
    32  E 60.26 feet, N 60°24'40" E 155.25 feet, N 08°43'28" E  923.94  feet,  S
    33  77°31'22"  E  34.05  feet,  N  28°59'38" E 583.86 feet and S 77°26'02" E
    34  436.02 feet to a point; thence along the division line between the here-
    35  in described parcel and the lands now or formerly of Gardner  and  Donna
    36  Van  Valkenburg  as  described  in deed document #02-2001-10201 and also
    37  along the lands now or formerly of Edwin D. Beck as described  in  Liber
    38  1697 of deeds at page 301, S 14°34'48" W 95.96 feet, N 75°25'12" W 10.00
    39  feet, S 14°34'48" W 125.00 feet, S 75°25'12" E 10.00 feet, S 14°34'48" W
    40  325.00  feet  and  S  75°25'12" E 203.05 feet to a point on the westerly
    41  bounds of U.S. Route 9; thence along the westerly bounds of  U.S.  Route
    42  9,  S  14°12'43"  W  366.41 feet, N 75°47'17" W 3.21 feet, S 16°51'36" W
    43  357.10 feet, S 16°51'37" W 264.56 feet, S 17°21'41"  W  200.79  feet,  S
    44  06°47'36" W 236.91 feet, S 03°54'03" E 113.84 feet, S 11°33'18" W 168.19
    45  feet,  S 11°33'18" W 144.66 feet, S 24°42'50" W 210.43 feet, S 14°35'17"
    46  W 42.95 feet, S 15°01'19" W 27.66 feet, S 11°16'33" E.  114.76  feet,  S
    47  11°22'40" W 1485.99 feet, S 02°37'22" W 92.32 feet, S 07°24'10" W 114.00
    48  feet,  S 11°34'59" W 200.60 feet, S 06°37'42" W 438.02 feet, S 09°11'00"
    49  W 460.65 feet, S 13°21'53" W 180.57 feet, S 18°59'07" W  45.72  feet,  S
    50  21°30'45"  W 19.23 feet, S 10°46'21" W 148.66 feet, S 16°10'46" W 157.35
    51  feet, S 09°41'50" W 135.29 feet, and S 16°37'07" W 229.64  feet  to  the
    52  point or place of beginning.
    53    CONTAINING 171.33 ACRES OF LAND MORE OR LESS.
    54    EXCEPTING and reserving all that plot, piece or parcel of land situate
    55  and  being in the Town of Hyde Park, County of Dutchess and State of New
    56  York, known as St. Andrews Cemetery, bounded and described as follows:

        A. 10083                           46

     1    BEGINNING at the southeasterly corner of the herein described  parcel,
     2  said point being located N 12°20'30" E 32.21 feet from the southwesterly
     3  corner of the lands of the Culinary Institute of America as described in
     4  Liber  1666 of deeds at page 607, thence along the division line between
     5  the  herein described parcel and said lands of the Culinary Institute of
     6  America, N 77°39'30" W  331.51  feet,  N  12°20'30"  E  373.20  feet,  S
     7  77°39'30"  E  331.51  feet and S 12°20'30" W 373.20 feet to the point or
     8  place of beginning.
     9    CONTAINING 2.84 ACRES OF LAND MORE OR LESS.
    10    (e)(i) The state liquor authority shall issue a license under  section
    11  seventy-six-a of this chapter to the Concord Grape Belt Heritage Associ-
    12  ation  Inc.   Grape Discovery Center ("center") situated at the premises
    13  known as: all that certain plot, piece  or  parcel  of  land,  with  the
    14  buildings and improvements thereon erected, situated, lying and being in
    15  the  Town of Westfield, County of Chautauqua and State of New York being
    16  parcels  209.00-2-13  and  209.00-2-14  and  being   more   particularly
    17  described as follows:
    18                                  PARCEL A
    19    All  that  tract  or parcel of land, situate in the Town of Westfield,
    20  County of Chautauqua and State of New York, being part of Lot 13, Town 4
    21  and Range 14 of the Holland Land Company's Survey  and  further  bounded
    22  and described as follows:
    23    Beginning  at  a  set  "MAG" nail on the south bounds of U.S. Route 20
    24  also know as Main Road, also known as the Buffalo and  Erie  Road,  said
    25  "MAG"  nail  being N 60 degrees 17' 18" E, 264.87 feet as measured along
    26  the south bounds of U.S. Route 20, from the northwest corner of premises
    27  described in deed from David S. Neill to Sam F. Nixon, dated January 30,
    28  1916, and recorded in the Chautauqua County Clerk's Office in Liber  421
    29  of  Deeds  at  page  165; thence N 60 degrees 17' 18" E, along the south
    30  bounds of U.S. Route 20, a distance of 195.88 feet to a set  "MAG"  nail
    31  in  asphalt;  thence  N  64  degrees  0' 0" E, and still along the south
    32  bounds of U.S. Route 20, a distance 70 feet  to  a  set  "MAG"  nail  in
    33  asphalt; thence S 1 degree 55' 0" W, 250 feet to an existing iron pin at
    34  the northwest corner of lands of Joanne W. Nixon, as described in a deed
    35  recorded  in the Chautauqua County Clerk's Office in Liber 2182 of Deeds
    36  at page 196; thence continuing along the same course, S 1 degree 55'  0"
    37  W  along  the west line of lands of said Nixon, 78.8 feet to an existing
    38  iron stake at the northeast corner  of  lands  of  Joanne  W.  Nixon  as
    39  described  in a deed recorded in the Chautauqua County Clerk's Office in
    40  Liber 2418 of Deeds at page 341; thence S 62 degrees 58' 7" W, along the
    41  north line of lands of said Nixon, 173.3 feet to a point at  the  south-
    42  east  corner  of lands of Ed R. Burnside as described in a deed recorded
    43  in the Chautauqua County Clerk's Office in Liber 2639 of Deeds  at  page
    44  336; thence N 13 degrees 36' 25" W, along the east line of lands of said
    45  Burnside, 287.68 feet to the point or place of beginning.
    46                                  PARCEL B
    47    Also  all  that  tract or parcel of land, situate in the Town of West-
    48  field, County of Chautauqua and State of New York, being part of Lot No.
    49  13, Township 4 and Range 14 of the Holland  Land  Company's  Survey  and
    50  further bounded and described as follows:
    51    Commencing  at the northwest corner of premises described in deed from
    52  David S. Neill to Sam F. Nixon, dated January 30, 1916, and recorded  in
    53  the  Chautauqua County Clerk's Office in Liber 421 of Deeds at page 165;
    54  thence N 60 degrees 17' 18" E. along the south bounds of U.S. Route  20,
    55  also known as Main Road, also known as the Buffalo and Erie Road, 460.76
    56  feet  to  a  set "MAG" nail in asphalt; thence N 64 degrees 0' 0" E, and

        A. 10083                           47

     1  still along the south bounds of U.S. Route 20, a distance of 70 feet  to
     2  a  set  "MAG"  nail  in  asphalt at the point of beginning of the parcel
     3  hereinafter described; thence N 64 degrees 0'  0"  E,  along  the  south
     4  bounds  of  U.S. Route 20, a distance of 200 feet to a set "MAG" nail in
     5  asphalt at the northwest corner of lands of Joanne W. Nixon as described
     6  in a deed recorded in the Chautauqua County Clerk's Office in Liber 2182
     7  of Deeds at page 196; thence S 1 degree 55' 0" W, along the west line of
     8  lands of said Nixon, 250 feet to a point; thence S 64 degrees 0'  0"  W,
     9  along the north line of lands of said Nixon 200 feet to an existing iron
    10  pin  in  the  northwest corner of lands of said Nixon; thence N 1 degree
    11  55' 0" E, 250 feet to the point or place of beginning.
    12    Subject to all easements, rights-of-way, and leases  of  record  which
    13  may validly affect said premises.
    14    (ii)  The  center may, but shall not be required to, produce wine as a
    15  condition of such license.
    16    (iii) No person shall be disqualified from acting as a director, offi-
    17  cer, or employee of, or purveyor to, the center by reason of such person
    18  holding a license under this chapter, or being affiliated with a  licen-
    19  see  under this chapter as a shareholder, partner, officer, director, or
    20  employee.
    21    (iv) No person shall be disqualified from being a lender or lessor  to
    22  the center, or a donor, patron, contributor or sponsor from time to time
    23  of  the center through contributions in cash or in kind, on terms agreed
    24  with the board of directors of the center,  by  reason  of  such  person
    25  holding  a license under this chapter, or being affiliated with a licen-
    26  see under this chapter as a shareholder, partner, officer, director,  or
    27  employee.  Such persons shall be entitled, regardless of their licensing
    28  status under this chapter, to obtain all the benefits generally approved
    29  by the board of directors of the center and offered to donors of similar
    30  amounts.
    31    (v) Notwithstanding any other provision of law to  the  contrary,  the
    32  center is expressly authorized to:
    33    (A)  sell  New  York state produced wines, beers and distilled spirits
    34  for both on and off premise consumption;
    35    (B) offer tastings on the premises of such  products  and  charge  the
    36  general  public  such  amounts  as  it  deems fit for such tastings. For
    37  purposes of this section, tastings may be conducted in a common  tasting
    38  area on the premises; and
    39    (C)  provide  banquet  and  entertainment  facilities  for the general
    40  public for private parties in consideration of such fees as  are  estab-
    41  lished by the board of directors of the center from time to time, and to
    42  sell  and serve at such events wines, malt beverages and distilled spir-
    43  its selected by persons hiring the facilities.
    44    7. Notwithstanding the provisions of section  one  hundred  five-a  of
    45  this  chapter,  the  authority shall allow a brewer, once per annum, and
    46  after the property owner obtains a permit under section ninety-seven  of
    47  this  chapter,  to  sell  or  offer  at no cost beer, beginning at eight
    48  antemeridian and ending at the hours fixed by or pursuant to subdivision
    49  five of section one hundred six of this article, at  the  following  two
    50  locations  in  the  city  of  Utica,  county  of Oneida, and bounded and
    51  described as follows:
    52    PARCEL I
    53    Beginning at the northwest corner of the beer storage building at  the
    54  corner of Edward Street and Wasmer Street and proceeding northerly for a
    55  distance  of  76  feet  1  inch; thence 128 feet 5 inches easterly along
    56  Wasmer Street; thence continuing along said Wasmer Street  northeasterly

        A. 10083                           48

     1  for  a distance of 202 feet 10 inches to the corner of Wasmer Street and
     2  Hamilton Street.
     3    Thence  northerly  along  Hamilton  Street for a distance of 46 feet 8
     4  inches to the intersection  of  Columbia  Street.  Thence  northwesterly
     5  along Columbia Street for a distance of 233 feet 6 inches. Thence south-
     6  westerly for a distance of 77 feet 7 inches to a fence. Thence northwes-
     7  terly  for  a distance of 62 feet and thence southwesterly a distance of
     8  10 feet 6 inches to the southeastern corner of the brewery garage.
     9    Thence, following the garage's perimeter:  first  in  a  southwesterly
    10  direction for a distance of 133 feet 2 inches to the southwest corner of
    11  the  garage;  thence  in  a northwesterly direction for a distance of 22
    12  feet 5 inches; and thence in a northeasterly direction for a distance of
    13  11 feet 2 inches, then in a northwesterly direction for  a  distance  of
    14  100 feet, to a fence just before the sidewalk on Schuyler Street; thence
    15  southwesterly  for  a  distance of 234 feet 5 inches to the Brewery main
    16  complex.
    17    Thence following the perimeter of the brewery complex buildings south-
    18  east for a distance of 82 feet 8 inches, northeasterly for a distance of
    19  81 feet 11 inches; thence southeasterly for a  distance  of  85  feet  3
    20  inches;  thence  northeasterly  for  a distance of 21 feet 6 inches; and
    21  thence southeasterly for a distance of 96 feet 8 inches  to  the  north-
    22  western corner of the shipping office.
    23    From the northwestern corner of the shipping office, southeasterly for
    24  a  distance  of 33 feet 9 inches; thence southwesterly for a distance of
    25  37 feet 8 inches; thence southeasterly for a distance of 65 feet 8 inch-
    26  es; thence southerly for a distance of 27 feet 4 inches; thence easterly
    27  for a distance of 33 feet, to the point or place of beginning.
    28    PARCEL II
    29    Beginning at the iron fence which is 26 feet northwest of  the  south-
    30  west corner of the tour center on Court Street; thence 66 feet, 7 inches
    31  northeast,  11  feet  7  inches northwest to the west corner of the tour
    32  center parking lot stairs. Proceeding northeasterly 71 feet  10  inches,
    33  thence northwesterly 19 feet 10 inches to the southeastern corner of the
    34  boiler  room building. Thence northwesterly 161 feet; south by southwest
    35  80 feet; southwest 58 feet 5 inches and finally southeast  155  feet  to
    36  the point or place of beginning.
    37    8.  The  provisions of subdivision thirteen of section one hundred six
    38  of this chapter shall not apply:
    39    (a) on real property owned by an interstate railroad corporation or  a
    40  United States certificated airline with a retail license for on-premises
    41  consumption; or
    42    (b)  on  premises  or with respect to a business constituting an over-
    43  night lodging and resort facility located wholly within  the  boundaries
    44  of  the  town of North Elba, county of Essex, township eleven, Richard's
    45  survey, great lot numbers two hundred seventy-eight, two hundred  seven-
    46  ty-nine,  two hundred eight, two hundred ninety-eight, two hundred nine-
    47  ty-nine, three hundred, three hundred eighteen, three hundred  nineteen,
    48  three  hundred twenty, three hundred thirty-five and three hundred thir-
    49  ty-six, and township twelve,  Thorn's  survey,  great  lot  numbers  one
    50  hundred  six  and  one hundred thirteen, as shown on the Adirondack map,
    51  compiled by the conservation department of the state of New York - nine-
    52  teen hundred sixty-four edition, in the Essex county atlas at page twen-
    53  ty-seven in the Essex county clerk's office,  Elizabethtown,  New  York,
    54  provided  that  such  facility maintains not less than two hundred fifty
    55  rooms and suites for overnight lodging; or

        A. 10083                           49

     1    (c) on premises or with respect to the operation of a restaurant in an
     2  office building located in a city having a population  of  five  hundred
     3  thousand  or  more and in which is located the licensed premises of such
     4  manufacturer or wholesaler, provided that the building, the interior  of
     5  the  retail premise and the rental therefor fully comply with the crite-
     6  ria set forth in paragraph two  of  subdivision  three  of  section  one
     7  hundred one of this chapter; or
     8    (d)  any  such premises or business located on that tract or parcel of
     9  land, or any subdivision thereof, situate in the Village of Lake Placid,
    10  Town of North Elba, Essex County, New York; it being also a part of  Lot
    11  No. 279, Township No. 11, Old Military Tract, Richard's Survey; it being
    12  also all of Lot No. 23 and part of Lot No. 22 as shown and designated on
    13  a certain map entitled "Map of Building Sites for Sale by B.R. Brewster"
    14  made  by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on a certain
    15  map of lands of Robert J. Mahoney and wife made by G.C. Sylvester,  P.E.
    16  &  L.S.    #  21300, dated August 4, 1964, and filed in the Essex County
    17  Clerk's Office on August 27, 1964, and  more  particularly  bounded  and
    18  described  as  follows;  BEGINNING  at the intersection of the northerly
    19  bounds of Shore Drive (formerly Mirror Street) with the westerly  bounds
    20  of  Park Place (formerly Rider Street) which point is also the northeast
    21  corner of Lot No. 23, from thence South  21°50'  East  in  the  westerly
    22  bounds  of  Park  Place  a distance of 119 feet, more or less, to a lead
    23  plug in the edge of the sidewalk marking the southeast corner of Lot No.
    24  23 and the northeast corner of Lot No. 24; from thence  South  68°00'50"
    25  West  a  distance  of  50.05 feet to an iron pipe set in concrete at the
    26  corner of Lots 23 and 22; from thence South 65°10'50" West a distance of
    27  7.94 feet along the south line of Lot No. 22  to  an  iron  pipe  for  a
    28  corner;  from  thence  North 23°21'40" West and at 17.84 feet along said
    29  line passing over a drill hole in a concrete sidewalk, and at 68.04 feet
    30  further along said line passing over an iron pipe at the southerly  edge
    31  of  another  sidewalk,  and at 1.22 feet further along said line passing
    32  over another drill hole in a sidewalk, a total  distance  of  119  feet,
    33  more  or less, to the northerly line of Lot No. 22; from thence easterly
    34  in the northerly line of Lot 22 and 23 to the northeast  corner  of  Lot
    35  No.  23  and  the  point  of  beginning. Also including the lands to the
    36  center of Shore Drive  included  between  the  northerly  straight  line
    37  continuation of the side lines of the above described parcel, and to the
    38  center  of  Park  Place,  where  they  abut the above described premises
    39  SUBJECT to the use thereof for street purposes. Being the same  premises
    40  conveyed  by  Morestuff, Inc. to Madeline Sellers by deed dated June 30,
    41  1992, recorded in the Essex County Clerk's Office on July  10,  1992  in
    42  Book 1017 of Deeds at Page 318; or
    43    (e)  any  such  premises  or business located on that certain piece or
    44  parcel of land, or any subdivision thereof, situate, lying and being  in
    45  the  Town of Plattsburgh, County of Clinton, State of New York and being
    46  more particularly bounded and described as follows: Starting at an  iron
    47  pipe  found in the easterly bounds of the highway known as the Old Mili-
    48  tary Turnpike, said iron pipe being located 910.39  feet  southeasterly,
    49  as measured along the easterly bounds of said highway, from the souther-
    50  ly  bounds  of  the  roadway  known  as  Industrial Parkway West, THENCE
    51  running S 31° 54' 33" E along the easterly bounds of said  Old  Military
    52  Turnpike  Extension,  239.88  feet to a point marking the beginning of a
    53  curve concave to the west; thence southerly along said curve,  having  a
    54  radius  of  987.99  feet,  248.12 feet to an iron pipe found marking the
    55  point of beginning for the parcel herein  being  described,  said  point
    56  also  marked  the  southerly  corner of lands of Larry Garrow, et al, as

        A. 10083                           50

     1  described in Book 938 of Deeds at page 224; thence N 07° 45' 4" E  along
     2  the  easterly  bounds  of  said  Garrow, 748.16 feet to a 3"x4" concrete
     3  monument marking the northeasterly corner of said Garrow, the  northwes-
     4  terly corner of the parcel herein being described and said monument also
     5  marking  the  southerly  bounds  of  lands  of  Salerno Plastic Corp. as
     6  described in Book 926 of Deeds at Page 186; thence S 81° 45' 28" E along
     7  a portion of the southerly bounds of said Salerno Plastic Corp.,  441.32
     8  feet to an iron pin found marking the northeasterly corner of the parcel
     9  herein  being  described  and  also  marking the northwest corner of the
    10  remaining lands now or formerly owned by said Marx and Delaura; thence S
    11  07° 45' 40" W along the Westerly bounds of lands now of formerly of said
    12  Marx and DeLaura and along the easterly  bounds  of  the  parcel  herein
    13  being  described,  560.49  feet  to  an iron pin; thence N 83° 43' 21" W
    14  along a portion of the remaining lands of said Marx and  DeLaura,  41.51
    15  feet  to  an  iron  pin;  thence S 08° 31' 30" W, along a portion of the
    16  remaining lands of said Marx and Delaura, 75.01  feet  to  an  iron  pin
    17  marking northeasterly corner of lands currently owned by the Joint Coun-
    18  cil  for Economic Opportunity of Plattsburgh and Clinton County, Inc. as
    19  described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along
    20  a portion of the northerly bounds of said J.C.E.O., 173.50  feet  to  an
    21  iron pin; thence 61° 21' 12" W, continuing along a portion of the north-
    22  erly  bounds  of said J.C.E.O., 134.14 feet to an iron pin; thence S 07°
    23  45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron
    24  pin; thence S 66° 48' 56" W along a portion of the northerly  bounds  of
    25  remaining  lands  of  said Marx and DeLaura, 100.00 feet to an iron pipe
    26  found on the easterly bounds of the aforesaid highway,  said  from  pipe
    27  also  being  located  on a curve concave to the west; thence running and
    28  running northerly along the easterly bounds of the aforesaid highway and
    29  being along said curve, with the curve having a radius of  987.93  feet,
    30  60.00 feet to the point of beginning and containing 6.905 acres of land.
    31  Being  the  same  premises  as conveyed to Ronald Marx and Alice Marx by
    32  deed of CIT Small Business Lending Corp., as agent of the administrator,
    33  U.S. Small Business Administration,  an  agency  of  the  United  States
    34  Government  dated  September  10, 2001 and recorded in the office of the
    35  Clinton County Clerk on September 21, 2001 as Instrument #135020; or
    36    (f) any such premises or businesses  located  on  that  certain  plot,
    37  piece  or parcel of land, situate, lying and being in the Second Ward of
    38  the City of Schenectady, on the Northerly side of Union Street,  bounded
    39  and  described as follows: to wit; Beginning at the Southeasterly corner
    40  of the lands lately owned by Elisha L. Freeman and now by Albert  Shear;
    41  and running from thence Easterly along the line of Union Street, 44 feet
    42  to  the  lands  now owned by or in the possession of James G. Van Vorst;
    43  thence Northerly in a straight line along the last mentioned  lands  and
    44  the lands of the late John Lake, 102 feet to the lands of one Miss Rodg-
    45  ers;  thence Westerly along the line of the last mentioned lands of said
    46  Rodgers to the lands of the said Shear; and thence Southerly  along  the
    47  lands  of  said  Shear  101 feet, 6 inches to Union Street, the place of
    48  beginning.
    49    Also all that tract or parcel of land,  with  the  buildings  thereon,
    50  situate  in the City of Schenectady, County of Schenectady, and State of
    51  New York, situate in the First, formerly the Second  Ward  of  the  said
    52  City,  on  the  Northerly  side  of  Union Street, which was conveyed by
    53  William Meeker and wife to Elisha L. Freeman by deed  dated  the  second
    54  day  of December 1843, and recorded in the Clerk's Office of Schenectady
    55  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
    56  said deed is bounded and described as follows: Beginning at a  point  in

        A. 10083                           51

     1  the  Northerly line of Union Street where it is intersected by the East-
     2  erly line of  property  numbered  235  Union  Street,  which  is  hereby
     3  conveyed,  and  running thence Northerly along the Easterly line of said
     4  property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
     5  sixteen (16) feet Southerly from the Southerly line of  the  new  garage
     6  built  upon  land  adjoining on the North; thence Westerly parallel with
     7  said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
     8  One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
     9  of  Union  Street;  thence  Easterly along the Northerly margin of Union
    10  Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
    11  place of beginning.
    12    The  two  above  parcels  are  together more particularly described as
    13  follows:
    14    All that parcel of land in the City  of  Schenectady  beginning  at  a
    15  point  in  the  northerly  margin  of  Union Street at the southwesterly
    16  corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
    17  which  point  is  about  60  feet westerly of the westerly line of North
    18  College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the
    19  southeasterly  corner  of  other lands now or formerly of Friedman (Deed
    20  Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet  to  the
    21  southwesterly  corner  of  lands  now or formerly of Stockade Associates
    22  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
    23  lands now or formerly at McCarthy (Deed Book 1129 at page  281);  thence
    24  along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
    25  corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
    26  thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence
    27  still  along  lands  of  SONYMA and lands now or formerly of Magee (Deed
    28  Book 399 at page 165) S. 86 deg. 11' 52" E.  42.57  feet  to  a  corner;
    29  thence  still  along  lands  of  Magee and Lands of Friedman first above
    30  mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
    31    Excepting and reserving all that portion of  the  above  parcel  lying
    32  easterly of a line described as follows:
    33    All  that tract or parcel of land, situated in the City of Schenectady
    34  and County of Schenectady and State of New York, on the  Northerly  side
    35  of Union Street bounded and described as follows:
    36    Beginning at a point in the northerly line of Union Street, said point
    37  being  in  the  division  line between lands now or formerly of Electric
    38  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    39  formerly of Margaret Wexler and Donna Lee Wexler Pavlovic,  as  trustees
    40  under  Will  of  Ruth  F. Wexler (Street number 241 Union Street) on the
    41  East; thence North 03 deg. 04' 10" East, along  the  building  known  as
    42  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    43  North  88  deg.  45'  45"  West, along said building and building eve, a
    44  distance of 5.62 feet to a point; thence North 03  deg.  03'  30"  East,
    45  along  said  building  eve of Street No. 241 Union Street, a distance of
    46  32.74 feet; thence South 88 deg. 45' 45" East, along said building  eve,
    47  a  distance  of 1.2 feet to an intersection of building corner of Street
    48  No. 241 Union Street and a brick wall; thence  north  03  deg.  37'  30"
    49  East,  along said brick wall, a distance of 14.47 feet to a point in the
    50  corner of the brick wall, thence South 86 deg. 46' 45" East  along  said
    51  brick  wall  a  distance  of 4.42 feet to the intersection of brick wall
    52  with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)
    53  on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
    54  (aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of
    55  0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
    56  and Donna Lee Wexler Pavlovic.

        A. 10083                           52

     1    Also all that tract or parcel of land  commonly  known  as  the  Union
     2  Street  School,  located  on the Northeasterly corner of Union and North
     3  College Streets in the First Ward of the City and County of  Schenectady
     4  and  State  of  New  York,  more  particularly  bounded and described as
     5  follows:    Beginning  at  a point in the Northerly street line of Union
     6  Street where it is intersected by the  Easterly  street  line  of  North
     7  College Street, and runs thence Northerly along the Easterly street line
     8  of  North College Street, one hundred seven and five-tenths (107.5) feet
     9  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    10  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    11  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    12  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    13  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
    14  Northerly street line of Union Street; thence Westerly along the  North-
    15  erly street line of Union Street, one hundred twenty-four and fifty-five
    16  hundredths (124.55) feet to the point or place of beginning.
    17    The  above  described parcel of property includes the Blue Line parcel
    18  of land, which is a portion of the abandoned Erie Canal  Lands,  located
    19  in  the  First Ward of the City of Schenectady, New York, and which Blue
    20  Line parcel lies between the Northwesterly line of Erie Boulevard as set
    21  forth in the above described premises and the Northeasterly lot line  of
    22  the  old  Union Street School as it runs parallel with the Northwesterly
    23  line of Erie Boulevard as aforesaid.
    24    The two above parcels are  together  more  particularly  described  as
    25  follows: All that parcel of land in the City of Schenectady beginning at
    26  a  point  in  the northerly margin of Union Street and the northwesterly
    27  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
    28  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
    29  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
    30  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    31  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
    32  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
    33  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
    34  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
    35  ning;
    36    (g) any such premises or businesses located on that tract or parcel of
    37  land situate in the Town of Hopewell, Ontario County, State of New York,
    38  bounded and described as follows: Commencing at a 5/8"  rebar  found  on
    39  the  division  line  between  lands  now or formerly of Ontario County -
    40  Finger Lakes Community College (Liber 698 of Deeds,  Page  466)  on  the
    41  north  and  lands now or formerly of James W. Baird (Liber 768 of Deeds,
    42  Page 1109) on the south; thence, North 43°-33'-40" West, on  said  divi-
    43  sion  line, a distance of 77.32 feet to the Point of Beginning.  Thence,
    44  North 43°-33'-40" West, continuing on said  division  line  and  through
    45  said  lands  of  Ontario County, a distance of 520.45 feet to a point on
    46  the southeasterly edge  of  an  existing  concrete  pad;  thence,  South
    47  74°-19'-53"  West, along said edge of concrete and the projection there-
    48  of, a distance of 198.78 feet to a point on the easterly edge  of  pave-
    49  ment  of an existing campus drive; thence, the following two (2) courses
    50  and distances along said edge of pavement: Northeasterly on a  curve  to
    51  the  left  having  a  radius  of  2221.65 feet, a chord bearing of North
    52  30°-16'-39" East, a  chord  distance  of  280.79,  a  central  angle  of
    53  07°-14'-47",  a  length  of 280.98 feet to a point of reverse curvature;
    54  thence, Northeasterly on a curve to the right having a radius of  843.42
    55  feet,  a  chord  bearing  of North 45°-25'-09" East, a chord distance of
    56  534.08, a central angle of 36°-55'-01", a length of  543.43  feet  to  a

        A. 10083                           53

     1  point;  thence,  South 30°-04'-59" East, a distance of 18.28 feet to the
     2  corner of the property acquired by Ontario County (Liber 766  of  Deeds,
     3  Page  1112),  as  shown  on a map recorded in the Ontario County Clerk's
     4  Office  as  Map  No.  6313;  thence,  the following four (4) courses and
     5  distances along said property line: South 30°-04'-59" East,  a  distance
     6  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
     7  147.53  feet  to  a point; thence, South 41°-31'-35" East, a distance of
     8  200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
     9  erty line, and the projection thereof, through the first said  lands  of
    10  Ontario  County  -  Finger  Lakes Community College (Liber 698 of Deeds,
    11  Page 466), a distance of 517.96 feet to Point of Beginning. Said  parcel
    12  containing  7.834  acres,  more  or  less,  as  shown  on a map entitled
    13  "Proposed Lease Area - Friends  of  the  Finger  Lakes  Performing  Arts
    14  Center,  Hopewell,  NY", prepared by Bergmann Associates, drawing LM-01,
    15  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
    16  erties are shown on the Map denominated  "FLCC  Campus  Property,  FLPAC
    17  Ground  Lease,  Parking, Vehicular & Pedestrian Access", recorded in the
    18  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
    19  at page 9 and are comprised of the areas separately labeled  as  Parking
    20  Lot  'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the
    21  Entry Roads;
    22    (h) any such premises or businesses located on all that certain  piece
    23  or  parcel  of land situate in the City of Syracuse, County of Onondaga,
    24  State of New York, lying generally Northwesterly of  the  West  Hiawatha
    25  Boulevard,  and  generally  Northeasterly  of  the  New York State Barge
    26  Canal, being a portion of Lot 11I and Lot 11J  of  the  Carousel  Center
    27  Subdivision  as  shown  on  a  resubdivision plan of the Carousel Center
    28  Subdivision filed as Map No. 8743 in the Onondaga County Clerk's Office,
    29  and as of May 20, 2014 identified as space L323 in a lease  between  the
    30  liquor  license  applicant  and property owner and on the third level of
    31  the shopping center  thereon,  such  shopping  center  land  being  more
    32  particularly bounded and described as follows:
    33    BEGINNING  at  the  point  of  the  intersection  of the division line
    34  between the Northeasterly boundary of the New York  State  Barge  Canal,
    35  Syracuse  Terminal designated as "Parcel No. T-111" on the Southwest and
    36  Lot 11I of the Carousel Center Subdivision on  the  Northeast  with  the
    37  Northwesterly  boundary of West Hiawatha Boulevard; thence North 50 deg.
    38  26 min. 28 sec. West, along said division line, 690.72 feet; to a point;
    39  thence through Lot 11I and 11J of said subdivision the  following  thir-
    40  ty-five (35) courses and distances:
    41    1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;
    42    2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;
    43    3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;
    44    4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;
    45    5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;
    46    6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;
    47    7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;
    48    8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;
    49    9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;
    50    10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;
    51    11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;
    52    12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;
    53    13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;
    54    14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;
    55    15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;
    56    16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;

        A. 10083                           54

     1    17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;
     2    18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;
     3    19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;
     4    20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;
     5    21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;
     6    22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;
     7    23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;
     8    24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;
     9    25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;
    10    26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;
    11    27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;
    12    28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;
    13    29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;
    14    30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;
    15    31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;
    16    32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;
    17    33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;
    18    34)  Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point;
    19  and
    20    35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to  a  point
    21  on  the  westerly right of way line of Interstate Route 81, Thence along
    22  the westerly and southwesterly right of way line of Interstate Route 81,
    23  in a generally southeasterly direction, the following seven (7)  courses
    24  and distances:
    25    1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;
    26    2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;
    27    3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;
    28    4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;
    29    5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;
    30    6)  Thence  South  42 deg. 27 min. 42 sec. East 58.65 feet to a point;
    31  and
    32    7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its  inter-
    33  section  with  lands appropriated by the People of the State of New York
    34  described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686  and
    35  Book 5274 of Deeds at Page 836; Thence along the bounds of said Map 1401
    36  Parcel 1831 the following fifteen (15) courses and distances:
    37    1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence
    38    2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence
    39    3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence
    40    4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence
    41    5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence
    42    6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence
    43    7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence
    44    8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence
    45    9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence
    46    10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence
    47    11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence
    48    12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence
    49    13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence
    50    14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and
    51    15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with
    52  the  northerly  bounds  of  Map  1402 Parcel 1836 of said appropriation;
    53  Thence along the bounds of Map 1402 Parcel 1836  as  described  in  Book
    54  5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the follow-
    55  ing three (3) courses and distances:
    56    1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence

        A. 10083                           55

     1    2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and
     2    3)  North  07 deg. 40 min. 37 sec. East 70.35 feet to its intersection
     3  with the bounds of the  hereinabove  described  Map  1401  Parcel  1831;
     4  Thence  along  the bounds of said Map 1401 Parcel 1831 the following ten
     5  (10) courses and distances:
     6    1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence
     7    2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence
     8    3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence
     9    4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence
    10    5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence
    11    6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence
    12    7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence
    13    8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence
    14    9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and
    15    10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its  intersection
    16  with  the  division  line between Lot 11J on the Northwest and the lands
    17  now or formerly of Woodstead Enterprises Co. as described in  Book  3530
    18  of  Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown
    19  and Oswego Railroad Company via Letters Patent,  Book  292,  Page  264);
    20  thence  South  28 deg. 12 min. 27 sec. West along said division line and
    21  along the Northwesterly boundary of West  Hiawatha  Boulevard  in  part,
    22  36.93  feet  to its point of intersection with Northeasterly boundary of
    23  West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along
    24  said Northeasterly boundary 158.30 feet to  its  point  of  intersection
    25  with  the Northwesterly boundary of said West Hiawatha Boulevard; thence
    26  West along said Northwesterly boundary the following three (3)  courses:
    27  1)  South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2)
    28  South 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and  3)  South
    29  23  deg.  40  min. 55 sec. West 220.04 feet to its point of intersection
    30  with Southwesterly boundary of West Hiawatha Boulevard; thence South  49
    31  deg.  30  min. 46 sec. East along said Southwesterly boundary, 0.30 feet
    32  to its point  of  intersection  with  the  first  hereinabove  described
    33  Northwesterly  boundary of West Hiawatha Boulevard; thence South 40 deg.
    34  26 min. 20 sec. West, along said Northwesterly boundary, 98.08  feet  to
    35  its  point of intersection with the division line between Lot 11J on the
    36  Northeast and Lot 11H of the Carousel Center Subdivision on  the  South-
    37  west;  thence  North  50  deg. 25 min. 12 sec. West, along said division
    38  line, 147.85 feet to the Northwest corner of Lot 11H;  thence  South  40
    39  deg.  26  min.  20  sec. West 217.47 feet to the Southwest corner of lot
    40  11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a point on
    41  the first hereinabove described Northwesterly boundary of West  Hiawatha
    42  Boulevard;  thence  along  said  Northwesterly boundary of West Hiawatha
    43  Boulevard the following two (2) courses: 1) South 40  deg.  26  min.  20
    44  sec.  West  17.66  feet to a point; and 2) South 43 deg. 01 min. 50 sec.
    45  West 468.25 feet to the point of beginning.
    46    Excepting the following piece or parcel of land  appropriated  by  the
    47  People  of  the  State  of New York described as Map 1401 Parcel 1832 in
    48  Book 5256 of Deeds at Page 686 and Book  5274  of  Deeds  at  Page  836:
    49  Commencing  at  the  southwest corner of herein above described Map 1402
    50  Parcel 1836 said point having a proceeding course of South  07  deg.  40
    51  min.  17  sec.  West  70.35  feet  in the premises describe hereinabove;
    52  thence North 13 deg. 18 min. 48 sec. West 138.17 feet to  the  southeast
    53  corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401
    54  Parcel 1832 the following four (4) courses and distances:
    55    1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence
    56    2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence

        A. 10083                           56

     1    3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and
     2    4)  South  07  deg.  53  min. 54 sec. West 353.36 feet to the point of
     3  beginning; or such premises or  businesses  located  on  that  tract  or
     4  parcel of land situate lying and being in the Town of Oneonta, County of
     5  Otsego  and  State  of New York and being a portion of Otsego County Tax
     6  Map Department Parcel Number 287.00-1-33 and bounded  and  described  as
     7  follows:  Beginning at a point 2.12 feet off the northeasterly corner of
     8  a one story building on the lands, now or formerly, of Abner  Doubleday,
     9  LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Bren-
    10  da Patton, which point lies N 87°55'13" W a distance of 149.37' from the
    11  northeast corner of the Patton lands; thence N 74°30'18" W a distance of
    12  51.50 feet to a point; thence S 15°29'42" W a distance of 2.00 feet to a
    13  point;  thence N 74°30'18" W a distance of 14.00 feet to a point; thence
    14  S 15°29'42" W a distance of 19.20 feet to a point; thence S 74°30'18"  E
    15  a  distance of 14.20 feet to a point; thence S 15°29'42" W a distance of
    16  4.20 feet; thence S 74°30'18" E a distance of 51.30  feet  to  a  point;
    17  thence  N  15°29'42"  E a distance of 25.40 feet to a point to the point
    18  and place of beginning; or
    19    (i) on premises or with respect to a business constituting  the  over-
    20  night  lodging  facility  located  wholly  within the boundaries of that
    21  tract or parcel of land situated in the borough of Manhattan,  city  and
    22  county  of  New York, beginning at a point on the northerly side of west
    23  fifty-fourth street at a point one hundred feet easterly from the inter-
    24  section of the said northerly side of west fifty-fourth street  and  the
    25  easterly  side  of seventh avenue; running thence northerly and parallel
    26  with the easterly side of seventh avenue one hundred feet five inches to
    27  the center line of the block; running thence easterly and parallel  with
    28  the northerly side of west fifty-fourth street and along the center line
    29  of  the block fifty feet to a point; running thence northerly and paral-
    30  lel with the easterly side of seventh avenue one hundred feet five inch-
    31  es to the southerly side of west fifty-fifth street at a  point  distant
    32  one hundred fifty feet easterly from the intersection of the said south-
    33  erly  side  of  west fifty-fifth street and the easterly side of seventh
    34  avenue; running thence easterly along the southerly side of west  fifty-
    35  fifth  street  thirty-one  feet  three inches to a point; running thence
    36  southerly and parallel with the easterly side of the seventh avenue  one
    37  hundred feet five inches to the center line of the block; running thence
    38  easterly along the center line of the block and parallel with the south-
    39  erly  side  of west fifty-fifth street, one hundred feet; running thence
    40  northerly and parallel with the easterly  side  of  seventh  avenue  one
    41  hundred  feet  five  inches  to  the  southerly side of west fifty-fifth
    42  street; running thence easterly along the southerly side of west  fifty-
    43  fifth street twenty-one feet ten and one-half inches to a point; running
    44  thence  southerly  and parallel with the easterly side of seventh avenue
    45  one hundred feet five inches to the center line of  the  block;  running
    46  thence westerly along the center line of the block and parallel with the
    47  northerly  side  of west fifty-fourth street three feet one and one-half
    48  inches; running thence southerly and parallel with the easterly side  of
    49  seventh  avenue  one  hundred  feet five inches to the northerly side of
    50  west fifty-fourth street at a point distant three hundred feet  easterly
    51  from  the  intersection  of the said northerly side of west fifty-fourth
    52  street and the easterly side of seventh avenue; running thence  westerly
    53  and  along  the  northerly  side of west fifty-fourth street two hundred
    54  feet to the point or place of beginning,  provided  that  such  facility
    55  maintains  not  less  than four hundred guest rooms and suites for over-
    56  night lodging; or

        A. 10083                           57

     1    (j) on such premises or business located on any of the following  four
     2  parcels:
     3    Parcel A
     4    any  such  premises or business constituting the overnight lodging and
     5  resort facility located wholly within the boundaries of the  Village  of
     6  Altmar,  County  of Oswego, Great Lot 19 beginning at a point on center-
     7  line of Pulaski Street  at  its  intersection  with  the  division  line
     8  between  the lands now or formerly of Altmar Parish Williamstown Central
     9  School District (APW CSD) as described in Book 378 of Deeds at Page  118
    10  on  the  northwest  and  the  lands  now  or  formerly  of Tostanoski as
    11  described in Book 1356 of Deeds at Page  55  on  the  southeast;  Thence
    12  along said centerline the following two (2) courses: 1) North 37 deg. 35
    13  min.  00 sec. West, a distance of 803.88 ft. to a point and 2). North 45
    14  deg. 48 min. 13 sec. West, a distance of 132.33 ft. to its  intersection
    15  with  the  division line between the said lands of APW CSD on the south-
    16  east and the lands now or formerly of Hayward as described in  Book  894
    17  of  Deeds  at Page 211 & Doc.  #2006-9318 on the northwest; Thence North
    18  23 deg. 48 min. 43 sec. East along said division, a distance  of  131.66
    19  ft. to its intersection with the division line between the said lands of
    20  APW  CSD on the north and the said lands of Hayward on the south; Thence
    21  South 73 deg. 16 min. 17 sec. West  along  the  said  division  line,  a
    22  distance  of  131.66  ft.  to  its  intersection  with the division line
    23  between the said lands of APW CSD and  the  lands  now  or  formerly  of
    24  National  Grid  as  described  in  Book 282 of Deeds at Page 552; Thence
    25  along said division line to the following six (6) courses: 1)  North  23
    26  deg.  43  min. 38 sec. East, a distance of 158.73 ft. to a point; thence
    27  2) North 83 deg. 39 min. 24 sec. West, a distance of  190.48  ft.  to  a
    28  point; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15
    29  ft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance
    30  of 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a
    31  distance  of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec.
    32  East, a distance of +/- 522 ft. to its intersection with the  center  of
    33  Salmon  River;  Thence  upstream  along  said center, and in a generally
    34  southerly direction, a distance of +/- 1,455  ft.  to  its  intersection
    35  with  the  division line between the said lands of APW CSD on the north-
    36  west and the lands now or formerly of Bennett as described in  Book  927
    37  of  Deeds  at Page 65 on the southeast; Thence South 52 deg. 19 min.  00
    38  sec. West along said division line, a distance  of  +/-  170  ft.  to  a
    39  point;  Thence South 52 deg. 19 min. 00 sec. West, continuing along said
    40  division line, a distance of 400.00 ft. to  its  intersection  with  the
    41  centerline  of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West
    42  along said centerline, a distance of 53.65 ft. to its intersection  with
    43  the division line between the said lands of APW CSD on the southeast and
    44  the  lands  now or formerly of Pfluger as described in Book 922 of Deeds
    45  at Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec.  East
    46  along  said  division line, a distance of 330.00 ft. to its intersection
    47  with the division line between the said lands of APW CSD on  the  north-
    48  east and the said lands of Pfluger, the lands now or formerly of Endsley
    49  as  described  in Book 1520 of Deeds at page 5, and the hereinabove said
    50  lands of Tostanoski, in part by each, on the southwest; Thence North  37
    51  deg. 35 min. 00 sec. West along said division line, a distance of 247.50
    52  ft. to its intersection with the division line between the said lands of
    53  APW  CSD on the northwest and the said lands of Tostanoski on the south-
    54  east; Thence South 52 deg. 25 min. 000 sec.  West  along  said  division
    55  line, a distance of 330.00 ft. to the POINT OF BEGINNING; or
    56    Parcel B

        A. 10083                           58

     1    any  such  premises or business constituting the overnight lodging and
     2  resort facility located wholly within the boundaries of  that  tract  or
     3  parcel  of  land situate in the city of Syracuse, County of Onondaga and
     4  State of New York, being part of Block 366 in said City and more partic-
     5  ularly  bounded  and  described  as follows: beginning at a point at the
     6  intersection of the southerly line  of  East  Genesee  Street  with  the
     7  westerly  line  of  University Avenue; running thence: South 00° 30' 30"
     8  West, along said Westerly line of University Avenue, a distance of 75.16
     9  feet to a point therein; Thence North 89° 49' 00" West,  a  distance  of
    10  140.00  feet  to  a  point; thence South 00° 30' 30" West, a distance of
    11  271.55 feet to a point; Thence North 89° 49' 00"  West,  a  distance  of
    12  103.01  feet  to  a  point; Thence South 00° 11' 00" West, a distance of
    13  132.00 feet to a point in the northerly line of Madison  Street;  Thence
    14  North  89°  49'  0" West along said northerly line, a distance of 141.36
    15  feet to a point; Thence North 00° 25' 10" East, a distance of 50 feet to
    16  a point in the westerly line of Farm Lot 200 of the Salt Springs  Reser-
    17  vation;  Thence  North  03°  26'  10"  West  along said westerly line, a
    18  distance of 415.12 feet to a point in the southerly line of East Genesee
    19  Street; Thence North 88° 11' 00" East,  along  said  southerly  line,  a
    20  distance of 412.50 feet to the point of beginning. The premises are also
    21  described  as  follows: All that tract or parcel of land, situate in the
    22  City of Syracuse, County of Onondaga and State of New York, being  known
    23  as  new  Lot  1A as is more particularly shown on a Resubdivision Map of
    24  Part of Block 366 made by Christopherson Land Surveying and filed in the
    25  Onondaga County Clerk's Office October 8, 2002 as Map No. 9498; or
    26    Parcel C
    27    any such premises or business constituting the overnight  lodging  and
    28  resort  facility  located wholly within the boundaries of all that tract
    29  or parcel of land situate in the city of Syracuse,  County  of  Onondaga
    30  and  State of New York, being a part of Lots 200 and 201, Lots 2, 6, and
    31  7, Block 368 in the City of Syracuse  and  being  further  described  as
    32  follows:  Beginning at a drill hole set at the intersection of the east-
    33  erly street margin of South  Crouse  Avenue  and  the  southerly  street
    34  margin  of  Harrison  Street;  Thence S. 89° 51' 36" E. (S 89° 49' 40" E
    35  measured), along the southerly  street  margin  of  Harrison  Street,  a
    36  distance of 395.30 feet to a capped iron rod set at the westerly line of
    37  a  parcel of land conveyed to Syracuse University; Thence S. 00° 28' 34"
    38  W. (S 00° 30' 30" W measured), along the westerly line of those  parcels
    39  of  land conveyed to Syracuse University, a distance of 132.00 feet to a
    40  capped iron rod set; Thence N. 89° 51' 36" W. (N 89°  49'  40"  W  meas-
    41  ured), along the northerly line of a parcel of land conveyed to Syracuse
    42  University,  a  distance of 132.00 feet to a capped iron rod set; Thence
    43  N. 89° 51' 36" W. (N 89° 49' 40" W measured), along the  northerly  line
    44  of a parcel of land conveyed to Syracuse University, a distance of 66.00
    45  feet to a capped iron rod set; Thence S. 00° 28' 34" W. (S 00° 30' 30" W
    46  measured), along the westerly line of that Syracuse University Property,
    47  a  distance of 71.25 feet to a capped iron rod set; Thence N 89° 55' 36"
    48  W. (89° 53' 39" W measured), a distance of 130.40 feet to a capped  iron
    49  rod  set  at the easterly line of that parcel of land conveyed to Crouse
    50  Health Systems, Inc. by deed recorded in  the  Onondaga  County  Clerk's
    51  Office  in Liber 4800 at Page 730; Thence N. 03° 44' 23" W. (03° 42' 26"
    52  W measured), along the easterly line of the Crouse Health  System,  Inc.
    53  property,  a distance of 37.99 feet to a magnetic nail set at the north-
    54  east corner of the aforementioned Crouse Health System, Inc.; Thence  N.
    55  89°  51'  36' W. (N 89° 49' 40" W measured), along the northerly line of
    56  the Crouse Health System, Inc. Property, a distance of 195.85 feet to  a

        A. 10083                           59

     1  capped  iron  rod  set  at  the  easterly  street margin of South Crouse
     2  Avenue; Thence N. 00° 23' 14" E. (N 00° 25' 10" E measured),  along  the
     3  easterly street margin of South Crouse Avenue, a distance of 165.50 feet
     4  to the point of beginning. Together with all the right, title and inter-
     5  est in and to strops and gores of land, if any, adjoining or adjacent to
     6  said premises and to the lands lying in the bed of any street, road land
     7  or right of way, as they now exist, or formerly existed in, in front of,
     8  or  adjoining  the  premises  above described or used in connection with
     9  said above described premises. Containing 1.55 acres  of  land  more  or
    10  less.  It  being the intent of this survey description to describe those
    11  parcels of land conveyed by Temple Adath Yeshurun,  also  known  as  the
    12  Congregation  Adath Yeshurun, to the Syracuse Urban Renewal Agency, by a
    13  Warranty Deed dated September 21, 1972, that was duly  recorded  in  the
    14  Onondaga  County Clerk's Office on October 10, 1972 in Deed Book 2486 at
    15  Page 1137. Being a portion of the premises  conveyed  at  Hotel  Skylar,
    16  LLC,  f/k/a  908  Harrison  St.,  LLC,  by  deed dated June 5, 2007, and
    17  recorded in the Onondaga County Clerk's Office on June 14, 2007 in  Deed
    18  Book 04998 at Page 0795 (Instrument: 0687909); or
    19    Parcel D
    20    any  such  premises or business constituting the overnight lodging and
    21  resort facility located wholly within the boundaries of all  that  tract
    22  or  parcel  of land situate in the city of Syracuse, County of Onondaga,
    23  being part of Lots 13, 14 and 15 of Block 233 in said City, more partic-
    24  ularly bounded and described as follows: beginning at  a  point  in  the
    25  northerly  line of East Genesee Street, a distance of 232.5 feet easter-
    26  ly, measured along said northerly line, from the easterly line of Almond
    27  Street; Running thence the following 8 courses and distances:    (1.)  S
    28  89°  30'  50"E,  along  said  northerly  line  of East Genesee Street, a
    29  distance of 109.5 feet; (2.) N 00° 20' E, parallel  with  said  easterly
    30  line  of  Almond Street, a distance of 158.69 feet to the southerly line
    31  of Orange Alley; (3.) N 89° 30' 50" W,  along  said  southerly  line  of
    32  Orange Alley, a distance of 66 feet to a point; (4.) N 00° 20' E, paral-
    33  lel  with  said easterly line of Almond Street, 20 feet to the northerly
    34  line of Orange Alley; (5.) N 89° 30' 50" W, along said northerly line of
    35  Orange Alley, a distance of 9 feet; (6.) S 00° 20' W, parallel with said
    36  easterly line of Almond Street, a distance of 13.5 feet to a point; (7.)
    37  N 89° 30' 50" W, parallel with the  aforesaid  northerly  line  of  East
    38  Genesee  Street, a distance of 3 feet to a point; and, (8.) S 00° 20' W,
    39  parallel with said easterly line of Almond Street, a distance of  165.19
    40  feet  to  the  point of beginning, containing 17,781+/- sq. ft. (0.41+/-
    41  Acres of Land) and; Parcel II (#716-718 East Fayette Street),  All  that
    42  tract or parcel of land situate in the City of Syracuse, County of Onon-
    43  daga  and  State  of  New  York, being Lot 3 and part of lots 4 and 9 of
    44  Block 233 beginning in the southerly line  of  East  Fayette  Street,  a
    45  distance  of 132 feet westerly, measured along said southerly line, from
    46  the westerly line of Forman  Avenue;  Running  thence  the  following  4
    47  courses  and  distances: (1.) N 89° 30' 50" W, along said southerly line
    48  of East Fayette Street, a distance of 97 feet; (2.) S  00°  20'  20"  W,
    49  parallel  with said westerly line of Forman Avenue, a distance of 178.69
    50  feet to the northerly line of Orange Alley; (3.) S 89° 30' 50" E,  along
    51  said  northerly  line of Orange Alley, a distance of 97 feet to a point;
    52  and, (4.) N 00° 20' 10" E, parallel with said westerly  line  of  Forman
    53  Avenue, a distance of 178.69 feet to the point of beginning; or
    54    (k)  with  respect  to  any  premises  or business located on all that
    55  certain parcel of land situate in the City of Peekskill, County of West-
    56  chester and State of New York, that is a portion of Parcel I  as  it  is

        A. 10083                           60

     1  shown  on  that  certain  map  entitled,  "Survey .. at Charles Point.."
     2  which was filed in the Westchester County Clerk's Office on October  23,
     3  1980 as Map No. 20407 that is bounded and described as follows:
     4    BEGINNING at a point on the easterly shoreline of the Hudson River and
     5  within  the bounds of the said Parcel I as it is shown on the said Filed
     6  Map No. 20407, which point occupies coordinate position:
     7    North 464418.83 (y)
     8    East 607401.00 (x)
     9    of the New York State Coordinate System, East Zone and which point  is
    10  distant,  the  following courses from the southerly corner of the Parcel
    11  shown on Map No. 20407 that occupies coordinate position
    12    North 463520.804 (y)
    13    East 608470.681 (x)
    14    of the aforesaid New York State Coordinate System, East Zone:
    15    North 47 degrees 30' 36" West 856.60 feet,
    16    North 77 degrees 10' 53" West 488.18 feet,
    17    North 41 degrees 17' 53" West 113.32 feet and
    18    North 41 degrees 50' 16" East 169.08 feet;
    19    THENCE from the said point of beginning along the said easterly shore-
    20  line (high water mark) of the east bank of the Hudson River:
    21    Due North 16.17 feet,
    22    North 53 degrees 58' 22" West 13.60 feet,
    23    North 73 degrees 04' 21" West 24.04 feet,
    24    North 63 degrees 26' 06" West 22.36 feet,
    25    North 82 degrees 18' 14" West 37.34 feet,
    26    North 64 degrees 47' 56" West 37.58 feet,
    27    South 82 degrees 52' 30" West 16.12 feet,
    28    North 61 degrees 41' 57" West 14.76 feet and
    29    South 21 degrees 48' 05" West 9.71 feet;
    30    THENCE leaving the high water mark and running across a  peninsula  of
    31  land and along the division line between Parcel I and Parcel II as shown
    32  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
    33  another  point  on  the said easterly shoreline (high water mark) of the
    34  East Bank of the Hudson River;
    35    THENCE northerly along the said high water mark, the following  cours-
    36  es:
    37    North 3 degrees 00' 46" West 17.54 feet,
    38    North 13 degrees 45' 39" West 50.45 feet,
    39    North 10 degrees 49' 23" West 69.23 feet,
    40    North  0 degrees 47' 22" West 52.48 feet to a point which is the point
    41  of beginning of the hereinafter described 40 foot easement  which  point
    42  occupies coordinate position
    43    North 464676.48 (y)
    44    East 607189.28 (x)
    45    of the New York State Coordinate System, East Zone;
    46    THENCE  continuing  along the aforesaid easterly shoreline (high water
    47  mark) of the East Bank of the Hudson, the following courses:
    48    North 10 degrees 18' 17" West 23.91 feet,
    49    North 39 degrees 04' 58" West 21.39 feet,
    50    North 20 degrees 13' 30" West 21.74 feet,
    51    North 39 degrees 02' 08" West 95.27 feet,
    52    North 13 degrees 08' 02" West 30.81 feet,
    53    North 18 degrees 26' 06" West 53.76 feet,
    54    North 28 degrees 10' 43" West 63.53 feet,
    55    North 18 degrees 26' 06" West 50.60 feet,
    56    North 37 degrees 14' 05" West 31.40 feet,

        A. 10083                           61

     1    North 21 degrees 15' 02" West 96.57 feet,
     2    North 32 degrees 00' 19" West 47.17 feet,
     3    North 1 degree 18' 07" West 44.01 feet and
     4    North  17  degrees 14' 29" East 29.32 feet to a point on the southerly
     5  line of lands under lease to the County of Westchester (Resco Site);
     6    THENCE along the said County of Westchester (Resco  Site)  lands:  Due
     7  East  432.31  feet  to a point on the westerly line of an easement and a
     8  right-of-way leading to Charles Point Avenue;
     9    THENCE along the said westerly and  southwesterly  line  of  the  said
    10  right-of-way  leading to Charles Point Avenue: Due South 241.16 feet and
    11  South 27 degrees 13' 00" East 406.90 feet to a point;
    12    THENCE leaving the said easement and running along other lands now  or
    13  formerly  of  The City of Peekskill Industrial Development Agency, South
    14  41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly
    15  shoreline (high water mark) of the East Bank of the Hudson River and the
    16  point or place of beginning.
    17    TOGETHER  with an easement over all that parcel of land situate in the
    18  City of Peekskill, County of Westchester and State of New York  that  is
    19  more particularly bounded and described as follows:
    20    BEGINNING at a point on the westerly line of Charles Point Avenue with
    21  the  said westerly line is intersected by the line dividing the easement
    22  herein described on the south from lands under lease to  the  County  of
    23  Westchester  (Resco  Site)  on the north which point occupies coordinate
    24  position:
    25    North 464719.99 (y)
    26    East 608004.15 (x)
    27    of the New York State Coordinate System, East Zone;
    28    THENCE from the said point  of  beginning  southerly  along  the  said
    29  westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West
    30  103.48 feet to a point;
    31    THENCE westerly along other lands of the City of Peekskill  Industrial
    32  Development Agency: Due West 396.44 feet to a point which is the easter-
    33  ly most corner of the lands of Point Associates, the grantee herein;
    34    THENCE  along  the  northeasterly  line  of the said Point Associates'
    35  land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16
    36  feet to a point on the southerly line of the aforementioned lands leased
    37  to the County of Westchester (Resco Site);
    38    THENCE easterly along the said southerly line Due East 75.00 feet to a
    39  point;
    40    THENCE southeasterly and easterly still along the said lands leased to
    41  the County of Westchester (Resco Site) the following courses:
    42    Due South 223.00 feet,
    43    South 27 degrees 13' 00" East 314.87 feet and
    44    Due  East  390.14  feet to the aforementioned westerly line of Charles
    45  Point Avenue and the point or place of BEGINNING.
    46    TOGETHER WITH a non-exclusive easement for utilities, and ingress  and
    47  egress over that certain right of way leading from Charles Point Avenue,
    48  now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly
    49  direction to the above described premises and as more fully described in
    50  the Declaration of Easement recorded in Liber 8888 cp 35; or
    51    (l) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, situate in  the  City  of
    52  Saratoga  Springs,  Saratoga  County, New York, bounded and described as
    53  follows: Beginning at a point 55 feet  south  on  Beekman  Street,  from
    54  where  the  west  line  of  Beekman  Street intersects the south line of
    55  Congress Street, and running thence southerly along  the  west  line  of
    56  Beekman  Street 55 feet, more or less, to the north line of the premises

        A. 10083                           62

     1  now or formerly owned or occupied by Henry Curtis; thence westerly along
     2  said Curtis' north line 65 feet, more or less, to the east line  of  the
     3  premises  heretofore  conveyed  to  Edward  M. Merritt; thence northerly
     4  along said Merritt's east line 55 feet, more or less, to a point 55 feet
     5  south  of  the  south line of Congress Street; thence easterly on a line
     6  parallel with the south line of Congress Street 65 feet, more  or  less,
     7  to  the  point  and  place  of  beginning; and being further bounded and
     8  described as follows: BEGINNING at a point in the Southerly  line  Grand
     9  Avenue  at the intersection of the Westerly line of Beekman Street, said
    10  point also being the Northeast comer of lands now or formerly of  Dublin
    11  Underground,  LLC  as conveyed in Book 1769 of Deeds at Page 657, thence
    12  along said Westerly line of Beekman Street, South  01°02'45"West,  SS.00
    13  feet  to a point at the intersection of the common division line between
    14  lands now or formerly of Haggerty as conveyed in Book 1595 of  Deeds  at
    15  Page  480  on  the South and lands of said Dublin Underground LLC on the
    16  North, thence along said division line, North 88°57'15"West, 65.00  feet
    17  to a point at the intersection of the common division line between lands
    18  now  or formerly of Haynes as conveyed in Book 1630 of Deeds at Page 727
    19  on the West and said lands of Dublin Underground UC on the East,  thence
    20  along  said division line, North 01°02'45"East, 55.00 feet to a point in
    21  the Southerly line of Grand Avenue, thence along  said  Southerly  line,
    22  South  88°57'15"East,  65.00 feet to the point or place of beginning and
    23  containing 3576 ± square feet of land; and  being  further  bounded  and
    24  described  as  follows:  BEGINNING  at a point where the east line of an
    25  alley intersects the south line of Grand Avenue, running thence easterly
    26  fifty-five (55) feet, more or less, to the west line of property now  or
    27  formerly  owned  by one Desidora; thence southerly one hundred ten (110)
    28  feet, more or less, to the northerly line of property  now  or  formerly
    29  owned  by  one  Gutierresl thence westerly fifty-five (55) feet, more or
    30  less to the easterly line of an alley; thence northerly one hundred  ten
    31  (110)  feet,  more  or  less  to the point or place of beginning. Be the
    32  aforesaid dimensions in this clause more or less and encompassing  lands
    33  considered to be a single contiguous parcel; or
    34    (m)  any  such  premises  or business located on that certain piece or
    35  parcel of land, or any subdivision thereof, situate, lying and being  in
    36  the  Village of Suffern, Town of Ramapo, County of Rockland and State of
    37  New York, addressed as 97-99 Lafayette Avenue, Suffern, New York,  iden-
    38  tified  for  tax  purposes  by the Town of Ramapo - 2000 County/Town Tax
    39  Bill, Tax Map No. 07/016-B-0239-B-0000 and New Parcel Tax Identification
    40  No. 54.35-2-54, bounded and described as follows:
    41    BEGINNING at a point on the Westerly side of Washington Avenue,  where
    42  the  same  is intersected by the Northerly line of lands now or formerly
    43  of the Village of Suffern (Sect. 168, Lot 284), said  point  also  being
    44  the   Southeasterly  corner  of  the  premises  herein  intended  to  be
    45  described.
    46    RUNNING THENCE North 76 degrees 15 minutes West  along  the  Northerly
    47  line  of  lands  now or formerly of the Village of Suffern a distance of
    48  210.30 feet to a point; THENCE South 13 degrees 45  minutes  West  along
    49  the  Westerly  line of lands now or formerly of the Village of Suffern a
    50  distance of 78.75 feet to a point; THENCE North 76  degrees  28  minutes
    51  West along the Northerly line of lands now or formerly of the Village of
    52  Suffern  a distance of 96.30 feet to a point; THENCE North 13 degrees 32
    53  minutes East a distance of 117.60 feet  to  a  point;  THENCE  South  76
    54  degrees 15 minutes East a distance of 6.00 feet to a point; THENCE North
    55  13  degrees  32 minutes East a distance of 54.80 feet to a point; THENCE
    56  South 76 degrees 15 minutes East a distance of 91.00 feet  to  a  point;

        A. 10083                           63

     1  THENCE North 13 degrees 45 minutes East along the Easterly line of lands
     2  now  or  formerly  of Mirando (Sect. 168. Lot 239A) a distance of 123.25
     3  feet to a point on the Southerly side of Lafayette Avenue; THENCE  South
     4  59 degrees 56 minutes 42 seconds East along the Southerly side of Lafay-
     5  ette  Avenue  a distance of 176.92 feet to a point; THENCE Southeasterly
     6  along the Southerly side of Lafayette Avenue, on a curve  to  the  right
     7  having  a radius of 58.97 feet an arc distance of 76.88 feet to a point;
     8  THENCE South 14 degrees 45 minutes West along the Westerly side of Wash-
     9  ington Avenue a distance of 109.22 feet to the point or place of  BEGIN-
    10  NING.
    11    Being  the  same premises described in a deed dated June 11, 1999 from
    12  Westchester Realty Group LLC  to  Marandy  Realty  Associates,  LLC  and
    13  recorded  in the Rockland County Clerk's Office on June 24, 1999 Instru-
    14  ment ID # 1999-00033893.
    15    The premises described above are  more  particularly  described  after
    16  field  survey  by  A.R.  Sparaco,  Jr.,  P.L.S.  dated June 13, 2000, as
    17  follows:
    18    ALL THAT TRACT, piece  or  parcel  of  land  with  the  buildings  and
    19  improvements thereon in the Village of Suffern, Town of Ramapo, Rockland
    20  County,  New  York,  Tax  Map Reference Section 16B; Lots 239 B and 254,
    21  bounded and described as follows:
    22    BEGINNING at a cross-cut in the westerly line of Washington  Ave.  (50
    23  feet  wide) where the same is intersected by the northerly line of lands
    24  of the Village of Suffern (formerly Washington Ave. School) and  running
    25  thence; North 78° 42' 52" West 211.11' along the northerly line of lands
    26  of  the  Village  of  Suffern to an iron pipe; thence, South 11° 03' 40"
    27  West 78.38' continuing along said lands to a PK nail; thence, North  79°
    28  21' 20" West 96.30' continuing along said lands to an iron pipe; thence,
    29  North  10° 21' 09" E 117.12' along lands now or formerly of Meadows to a
    30  point; thence, South 79°00'00" East 6.00' to a point in  the  centerline
    31  of  an  old  right of way; thence, North 12°50'10" East 55.32' along the
    32  centerline of an old right  of  way  to  an  iron  pipe;  thence,  South
    33  79°00'00"  East 91.04' crossing through said right of way and continuing
    34  along the southerly line of lands now or formerly of Miranda to a  cross
    35  cut;  thence,  North  11°15'34"  East 123.37' along the easterly line of
    36  said lands to a cross cut in  the  southerly  line  of  Lafayette  Ave.;
    37  thence, South 62°34'00" East 165.97' along the assumed southerly line of
    38  Lafayette  Ave.  to  a point of curvature; thence, Southeasterly along a
    39  curve to the right having a radius of 72.00'  and  an  arc  distance  of
    40  93.43'  continuing along the same to a point of tangency in the westerly
    41  line of Washington Ave; thence, South 11°47'00" West 100.86'  along  the
    42  westerly  line  of  Washington  Ave. to the point or place of BEGINNING.
    43  Containing 1.267 acres of land more or less.
    44    SUBJECT to utility easements described in Uber 1016, page  487,  Liber
    45  1038, page 977, Book 340, page 1277.
    46    SUBJECT  TO  a 6' wide easement for ingress and egress as described in
    47  Liber 318, page 4.
    48    TOGETHER with a 6' wide and 12' wide right  of  way  as  described  in
    49  Liber 318, page 4.
    50    SUBJECT  TO  any  other  easements,  rights of ways or restrictions of
    51  record.
    52    Being the same premises described in a deed dated June 11,  1999  from
    53  Westchester  Realty  Group  LLC  to  Marandy  Realty Associates, LLC and
    54  recorded in the Rockland County Clerk's Office on June 24, 1999  Instru-
    55  ment ID #1999-00033893; or

        A. 10083                           64

     1    (n)  ALSO  ALL  THOSE TRACTS OR PARCEL OF LAND, situate in the City of
     2  Saratoga Springs, County of Saratoga and State of New York, bounded  and
     3  described  as follows: Starting at an iron pipe on the southerly side of
     4  New York State Highway 9P at  the  intersection  of  the  lands  now  of
     5  formerly of Ernst and one Walbridge and runs thence along the said high-
     6  way  S 64 degrees 25' E 72.4 feet to a concrete state monument; thence S
     7  35 degrees 9' E 135.6 feet to an iron pipe on the Westerly side of an 18
     8  foot wide Right of Way extending from the aforementioned highway to  the
     9  Low Water Mark of Saratoga Lake; thence along the said Right of Way S 17
    10  degrees  20'  W 115 feet to an iron pipe, the place of beginning; thence
    11  in the same straight line along the said Right of Way 78.4  feet  to  an
    12  iron  pipe;  thence  still along the said Right of Way S 38 degrees 9' W
    13  208 feet to an iron pipe; thence N 51 degrees 51' W 81 feet to  an  iron
    14  pipe;  thence  N 14 degrees 34' E 54.2 feet to an iron pipe; thence N 56
    15  degrees 0' E 242.8 feet to the place of  beginning,  the  aforementioned
    16  dimensions  more  or  less;  and  being further bounded and described as
    17  follows: BEGINNING at an iron pipe of the southerly  side  of  New  York
    18  State  Highway  9P  at  the intersection of the lands now of formerly of
    19  Ernst and one Walbridge and runs thence along said highway S. 64 degrees
    20  25' E. 72.4 feet to a concrete state monument; thence  still  along  the
    21  said  highway  S.  35  degrees  9'  E. 135.6 feet to an iron pipe on the
    22  westerly side of a Right of Way 18 feet wide running from the beforemen-
    23  tioned highway to the Low Water Mark of Saratoga Lake; thence across the
    24  said Right of Way S. 26 degrees E. 21.15 feet to the  Easterly  side  of
    25  the  said  Right  of  Way, the place of beginning; thence along the said
    26  Right of Way S. 17 degrees 20' W. 171.1 feet to a  point;  thence  still
    27  along the said Right of Way S. 38 degrees 9' W. to the Low Water Mark of
    28  Saratoga  Lake;  thence  along the Low Water Mark of the said lake to an
    29  iron pipe on the Westerly side of the said Highway which point is  about
    30  435  feet Easterly at right angles from the Easterly side of the before-
    31  mentioned Right of Way; thence along the said Highway N. 10 degrees  57'
    32  W.  653.5  feet to a concrete monument; thence N. 26 degrees 10' W. 9.85
    33  feet to the place of beginning. Be  the  aforesaid  dimensions  in  this
    34  clause  more  or  less  and encompassing lands considered to be a single
    35  parcel; or
    36    (o) all those tracts or parcels of land, situate in the Tenth Ward  of
    37  the  City  of Troy, County of Rensselaer and State of New York, known as
    38  Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6),  Five  (5),  A
    39  Five  (A5)  and the southerly portions of Lots Four (4) and A Four (A4),
    40  as the same are laid down and described on a certain Map made by Freder-
    41  ick W. Orr, dated August 15, 1918, filed in the Office of the  Clerk  of
    42  the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises
    43  hereby intended to be conveyed are bounded and described as follows:
    44    COMMENCING  at an iron rod in the westerly side of River Street at the
    45  most southeasterly corner of premises heretofore conveyed by Harry Gold-
    46  berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated
    47  November 8, 1940, recorded November 12, 1940 In the Office of the  Clerk
    48  of the County of Rensselaer in Book 633 of Deeds at page 400 and running
    49  thence southerly along the westerly line of River Street 215.6 feet to a
    50  pipe  in  the  most  southeasterly corner of Lot No. A7; thence westerly
    51  along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to
    52  the easterly shore of the Hudson River; thence northerly along the east-
    53  erly shore of the Hudson River 216 feet more or less to the most  south-
    54  westerly  corner  of land heretofore conveyed by the said Harry Goldberg
    55  and Norman Goldberg  to  Arthur  E.  Collins  and  another  hereinbefore
    56  recited; thence along the southerly line of lands heretofore conveyed to

        A. 10083                           65

     1  said  Collins  and  another  easterly  31.75 feet; thence northerly 6.33
     2  feet; thence easterly 18 feet; thence southerly 6.33 feet; thence  east-
     3  erly 150.57 feet to the point or place of beginning.
     4    EXCEPTING  THEREFROM  that  portion of the above described premises as
     5  were conveyed by John B. Garrett, Inc. to Cahill Orthopedic  Laboratory,
     6  Inc.   by deed dated June 22, 1993 and recorded in the Rensselaer County
     7  Clerk's Office on June 24, 1993 in Book  1960  of  Deeds  at  Page  215,
     8  Containing 17,600 square feet of land more or less.
     9    BEARINGS  refer  to  the  magnetic meridian of 1993. Said premises are
    10  also described as follows: Ward & Plate: 1005500 669 RIVER ST:  frontage
    11  and depth 115.60 x 220.00 being the same premises described in Book 6534
    12  of  Deeds  at Page 256 in the Rensselaer County Clerk's Office and being
    13  the same premises  in  the  2009  City  of  Troy  Assessment  Rolls  and
    14  90.78-3-2.1  In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,
    15  ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and  being  further  bounded
    16  and  described  as follows: BEGINNING at a point marked by a capped iron
    17  rod where the division line between lands  now  or  formerly  of  Walter
    18  Snyder  Printer,  Inc. (Liber 1334, Page 861) on the northeast and lands
    19  herein described on the southwest intersects the northwesterly  side  of
    20  River  Street; running thence South 40° 01' 52" West along the northwes-
    21  terly side of River Street a distance of 100.00 feet to a point;  thence
    22  North 49° 45' 31" West a distance of 41.97 feet to a point at the south-
    23  westerly  corner  of  the building located on the herein described prem-
    24  ises, said point also being the northeasterly  corner  of  the  building
    25  located on the property adjoining on the southwest; thence North 60° 59'
    26  40"  West  along  the building wall located on the property adjoining on
    27  the southwest and the northwesterly continuation of same a  distance  of
    28  140.88  feet to the easterly shore of the Hudson River; thence North 30°
    29  16' 52" East along the shore of the Hudson River  a  distance  of  90.90
    30  feet  to  a  point;  thence  South  60°  44' 08" East along lands now or
    31  formerly of Walter  Snyder  Printer,  Inc.  (Liber  1334,  Page  861)  a
    32  distance of 31.75 feet to a point; thence North 30° 16' 52" East contin-
    33  uing  along  lands  now  or  formerly  of  Walter Snyder Printer, Inc. a
    34  distance of 6.33 feet to a point; thence South 60° 44' 08" East continu-
    35  ing along lands now or formerly of Walter Snyder Printer, Inc a distance
    36  of 18.00 feet to a point; thence South 30° 16' 52" West continuing along
    37  lands now or formerly of Walter Snyder Printer, Inc. a distance of  6.33
    38  feet  to  a  point; thence South 60° 44' 08" East continuing along lands
    39  now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 feet
    40  to the point and place of beginning. Be the aforesaid dimensions in this
    41  clause more or less and encompassing lands considered  to  be  a  single
    42  contiguous parcel.
    43    §  18.  Subdivision  6 of section 51 of the alcoholic beverage control
    44  law is REPEALED.
    45    § 19. Paragraphs (e-1), (e-2),  (e-3),  (e-4),  (e-5),  (e-6),  (e-7),
    46  (e-8),  (e-9),  (e-10)  and (e-11) of subdivision 7 of section 64 of the
    47  alcoholic beverage control law are REPEALED.
    48    § 20. Paragraphs (c-1), (c-2), (c-3), (c-4), (c-5) and (c-6) of subdi-
    49  vision 7 of section 64-a of  the  alcoholic  beverage  control  law  are
    50  REPEALED.
    51    § 21. Subdivisions 14 and 15 of section 64-c of the alcoholic beverage
    52  control law are REPEALED.
    53    §  22.  Subdivisions  4, 5, 6, 7 and 8 of section 101 of the alcoholic
    54  beverage control law are REPEALED.
    55    § 23. Subdivision 2 of section 105-a of the alcoholic beverage control
    56  law is REPEALED.

        A. 10083                           66

     1    § 24. Subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii),  (viii),
     2  (ix), (x), (xi), (xii), (xiii) and (xiv) of paragraph (a) of subdivision
     3  13 of section 106 of the alcoholic beverage control law are REPEALED.
     4    §  25.  Paragraph (a) of subdivision 1 of section 101 of the alcoholic
     5  beverage control law, as amended by chapter 318 of  the  laws  of  2016,
     6  subparagraph (ii) as amended by chapter 269 of the laws of 2018, subpar-
     7  agraph  (ix)  as  separately amended by chapter 303 of the laws of 2016,
     8  subparagraphs (x) and (xi) as amended by chapter  453  of  the  laws  of
     9  2018,  subparagraph  (xii) as separately amended by chapters 356 and 429
    10  of the laws of 2019, subparagraph (xiii) as added by chapter 356 of  the
    11  laws of 2019 and subparagraph (xiii) as added by chapter 429 of the laws
    12  of 2019, is amended to read as follows:
    13    (a)  Be  interested  directly  or indirectly in any premises where any
    14  alcoholic beverage is sold at retail; or in any business devoted  wholly
    15  or  partially  to  the sale of any alcoholic beverage at retail by stock
    16  ownership, interlocking directors, mortgage or lien or any  personal  or
    17  real  property, or by any other means. [The provisions of this paragraph
    18  shall not apply to (i) any such premises or  business  constituting  the
    19  overnight  lodging and resort facility located wholly within the bounda-
    20  ries of the town of  North  Elba,  county  of  Essex,  township  eleven,
    21  Richard's  survey,  great  lot  numbers  two  hundred seventy-eight, two
    22  hundred seventy-nine, two hundred eighty, two hundred ninety-eight,  two
    23  hundred  ninety-nine,  three  hundred,  three  hundred  eighteen,  three
    24  hundred nineteen, three hundred twenty, three  hundred  thirty-five  and
    25  three hundred thirty-six, and township twelve, Thorn's survey, great lot
    26  numbers  one  hundred  six  and  one  hundred  thirteen, as shown on the
    27  Adirondack map, compiled by the conservation department of the state  of
    28  New  York  -  nineteen  hundred  sixty-four edition, in the Essex county
    29  atlas at page twenty-seven in the Essex county  clerk's  office,  Eliza-
    30  bethtown,  New York, provided that such facility maintains not less than
    31  two hundred fifty rooms and suites for overnight lodging, (ii) any  such
    32  premises  or  business  constituting  the  overnight  lodging and resort
    33  facility located wholly within the boundaries of that tract or parcel of
    34  land situate in the city of Canandaigua, county of Ontario, beginning at
    35  a point in the northerly line of village lot nine where  it  meets  with
    36  South  Main  Street,  thence south sixty-nine degrees fifty-four minutes
    37  west a distance of nine hundred sixteen and twenty-three hundredths feet
    38  to an iron pin; thence in the same course a distance of fourteen feet to
    39  an iron pin; thence in the same course a distance of fourteen and  four-
    40  tenths  feet  to  a  point;  thence  south  fifteen degrees thirty-eight
    41  minutes and forty seconds east a distance of four hundred forty-six  and
    42  eighty-seven  hundredths  feet  to  a  point;  thence south twenty-eight
    43  degrees thirty-seven minutes and fifty seconds east a  distance  of  one
    44  hundred  thirteen  and  eighty-four  hundredths  feet to a point; thence
    45  south eighty-five degrees and forty-seven minutes  east  a  distance  of
    46  forty-seven  and sixty-one hundredths feet to an iron pin; thence on the
    47  same course a distance of three hundred and sixty-five feet to  an  iron
    48  pin;  thence  north seventeen degrees twenty-one minutes and ten seconds
    49  east a distance of four hundred fifty-seven  and  thirty-two  hundredths
    50  feet  to  an  iron pin; thence north nineteen degrees and thirty minutes
    51  west a distance of two hundred and forty-eight feet to a  point;  thence
    52  north  sixty-nine  degrees and fifty-four minutes east a distance of two
    53  hundred eighty-four and twenty-six hundredths feet to  a  point;  thence
    54  north  nineteen degrees and thirty minutes west a distance of sixty feet
    55  to the point and place of beginning, provided that such  facility  main-
    56  tains not less than seventy-five rooms and suites for overnight lodging,

        A. 10083                           67

     1  (iii)  any  such premises or business constituting the overnight lodging
     2  facility located wholly within the boundaries of that tract or parcel of
     3  land situated in the borough of Manhattan, city and county of New  York,
     4  beginning  at  a point on the northerly side of west fifty-fourth street
     5  at a point one hundred feet easterly from the intersection of  the  said
     6  northerly  side  of  west  fifty-fourth  street and the easterly side of
     7  seventh avenue; running thence northerly and parallel with the  easterly
     8  side  of  seventh avenue one hundred feet five inches to the center line
     9  of the block; running thence easterly and parallel  with  the  northerly
    10  side  of west fifty-fourth street and along the center line of the block
    11  fifty feet to a point; running thence northerly and  parallel  with  the
    12  easterly  side  of  seventh  avenue  one hundred feet five inches to the
    13  southerly side of west fifty-fifth street at a point distant one hundred
    14  fifty feet easterly from the intersection of the said southerly side  of
    15  west fifty-fifth street and the easterly side of seventh avenue; running
    16  thence  easterly  along  the  southerly  side of west fifty-fifth street
    17  thirty-one feet three inches to a point; running  thence  southerly  and
    18  parallel  with  the easterly side of the seventh avenue one hundred feet
    19  five inches to the center line of the  block;  running  thence  easterly
    20  along  the center line of the block and parallel with the southerly side
    21  of west fifty-fifth street, one hundred feet; running  thence  northerly
    22  and  parallel  with the easterly side of seventh avenue one hundred feet
    23  five inches to the southerly side of west  fifty-fifth  street;  running
    24  thence  easterly  along  the  southerly  side of west fifty-fifth street
    25  twenty-one feet ten and one-half  inches  to  a  point;  running  thence
    26  southerly  and  parallel  with  the  easterly side of seventh avenue one
    27  hundred feet five inches to the center line of the block; running thence
    28  westerly along the center line of the block and parallel with the north-
    29  erly side of west fifty-fourth street three feet one and one-half  inch-
    30  es;  running  thence  southerly  and  parallel with the easterly side of
    31  seventh avenue one hundred feet five inches to  the  northerly  side  of
    32  west  fifty-fourth street at a point distant three hundred feet easterly
    33  from the intersection of the said northerly side  of  west  fifty-fourth
    34  street  and the easterly side of seventh avenue; running thence westerly
    35  and along the northerly side of west  fifty-fourth  street  two  hundred
    36  feet  to  the  point  or place of beginning, provided that such facility
    37  maintains not less than four hundred guest rooms and  suites  for  over-
    38  night  lodging, (iv) any such premises or business located on that tract
    39  or parcel of land, or any subdivision thereof, situate in the Village of
    40  Lake Placid, Town of North Elba, Essex County, New York; it being also a
    41  part of Lot No.  279, Township No. 11,  Old  Military  Tract,  Richard's
    42  Survey;  it being also all of Lot No. 23 and part of Lot No. 22 as shown
    43  and designated on a certain map entitled "Map of Building Sites for Sale
    44  by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also  being  PARCEL
    45  No.  1  on  a certain map of lands of Robert J. Mahoney and wife made by
    46  G.C. Sylvester, P.E.  & L.S. # 21300, dated August 4, 1964, and filed in
    47  the Essex County Clerk's Office on August 27, 1964, and more particular-
    48  ly bounded and described as follows; BEGINNING at  the  intersection  of
    49  the  northerly  bounds  of Shore Drive (formerly Mirror Street) with the
    50  westerly bounds of Park Place (formerly Rider  Street)  which  point  is
    51  also  the  northeast corner of Lot No. 23, from thence South 21°50' East
    52  in the westerly bounds of Park Place a distance of  119  feet,  more  or
    53  less,  to  a lead plug in the edge of the sidewalk marking the southeast
    54  corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
    55  South 68°00'50" West a distance of 50.05 feet to an  iron  pipe  set  in
    56  concrete  at  the  corner of Lots 23 and 22; from thence South 65°10'50"

        A. 10083                           68

     1  West a distance of 7.94 feet along the south line of Lot No.  22  to  an
     2  iron  pipe  for  a corner; from thence North 23°21'40" West and at 17.84
     3  feet along said line passing over a drill hole in a  concrete  sidewalk,
     4  and  at  68.04 feet further along said line passing over an iron pipe at
     5  the southerly edge of another sidewalk, and at 1.22 feet  further  along
     6  said  line  passing  over  another  drill  hole  in  a sidewalk, a total
     7  distance of 119 feet, more or less, to the northerly line  of  Lot.  No.
     8  22;  from  thence easterly in the northerly line of Lot 22 and 23 to the
     9  northeast corner of Lot No. 23 and the point of beginning. Also  includ-
    10  ing the lands to the center of Shore Drive included between the norther-
    11  ly  straight  line continuation of the side lines of the above described
    12  parcel, and to the center of Park  Place,  where  they  abut  the  above
    13  described premises SUBJECT to the use thereof for street purposes. Being
    14  the  same  premises  conveyed  by Morestuff, Inc. to Madeline Sellers by
    15  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    16  July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any  such  premises
    17  or  business  located  on  that  certain piece or parcel of land, or any
    18  subdivision thereof, situate, lying and being in  the  Town  of  Platts-
    19  burgh,  County of Clinton, State of New York and being more particularly
    20  bounded and described as follows: Starting at an iron pipe found in  the
    21  easterly  bounds of the highway known as the Old Military Turnpike, said
    22  iron pipe being located 910.39 feet southeasterly, as measured along the
    23  easterly bounds of said highway, from the southerly bounds of the  road-
    24  way  known  as  Industrial Parkway West, THENCE running S 31 ° 54' 33" E
    25  along the easterly bounds  of  said  Old  Military  Turnpike  Extension,
    26  239.88  feet  to a point marking the beginning of a curve concave to the
    27  west; thence southerly along said curve, having a radius of 987.99 feet,
    28  248.12 feet to an iron pipe found marking the point of beginning for the
    29  parcel herein being described, said  point  also  marked  the  southerly
    30  corner  of  lands  of  Larry  Garrow, et al, as described in Book 938 of
    31  Deeds at page 224; thence N 07° 45' 4" E along the  easterly  bounds  of
    32  said  Garrow,  748.16  feet  to  a  3"x4"  concrete monument marking the
    33  northeasterly corner of said Garrow, the  northwesterly  corner  of  the
    34  parcel  herein being described and said monument also marking the south-
    35  erly bounds of lands of Salerno Plastic Corp. as described in  Book  926
    36  of  Deeds  at  Page  186;  thence S 81° 45' 28" E along a portion of the
    37  southerly bounds of said Salerno Plastic Corp., 441.32 feet to  an  iron
    38  pin  found  marking  the northeasterly corner of the parcel herein being
    39  described and also marking the northwest corner of the  remaining  lands
    40  now  or  formerly owned by said Marx and Delaura; thence S 07° 45' 40" W
    41  along the Westerly bounds of lands now of  formerly  of  said  Marx  and
    42  DeLaura  and  along  the  easterly  bounds  of  the  parcel herein being
    43  described, 560.49 feet to an iron pin; thence N 83° 43' 21"  W  along  a
    44  portion  of  the remaining lands of said Marx and DeLaura, 41.51 feet to
    45  an iron pin; thence S 08° 31' 30" W, along a portion  of  the  remaining
    46  lands  of  said  Marx  and  Delaura,  75.01  feet to an iron pin marking
    47  northeasterly corner of lands currently owned by the Joint  Council  for
    48  Economic   Opportunity  of  Plattsburgh  and  Clinton  County,  Inc.  as
    49  described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along
    50  a portion of the northerly bounds of said J.C.E.O., 173.50  feet  to  an
    51  iron pin; thence 61° 21' 12" W, continuing along a portion of the north-
    52  erly  bounds  of said J.C.E.O., 134.14 feet to an iron pin; thence S 07°
    53  45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron
    54  pin; thence S 66° 48' 56" W along a portion of the northerly  bounds  of
    55  remaining  lands  of  said Marx and DeLaura, 100.00 feet to an iron pipe
    56  found on the easterly bounds of the aforesaid highway,  said  from  pipe

        A. 10083                           69

     1  also  being  located  on a curve concave to the west; thence running and
     2  running northerly along the easterly bounds of the aforesaid highway and
     3  being along said curve, with the curve having a radius of  987.93  feet,
     4  60.00 feet to the point of beginning and containing 6.905 acres of land.
     5  Being  the  same  premises  as conveyed to Ronald Marx and Alice Marx by
     6  deed of CIT Small Business Lending Corp., as agent of the administrator,
     7  U.S. Small Business Administration,  an  agency  of  the  United  States
     8  Government  dated  September  10, 2001 and recorded in the office of the
     9  Clinton County Clerk on September 21, 2001  as  Instrument  #135020;  or
    10  (vi)  any such premises or business located on the west side of New York
    11  state route 414 in military lots 64 and 75  located  wholly  within  the
    12  boundaries of that tract or parcel of land situated in the town of Lodi,
    13  county  of  Seneca  beginning at an iron pin on the assumed west line of
    14  New York State Route 414 on the apparent north line of  lands  reputedly
    15  of  White  (lib.  420,  page  155); said iron pin also being northerly a
    16  distance of 1200 feet more or less from the centerline of  South  Miller
    17  Road;  Thence leaving the point of beginning north 85-17'-44" west along
    18  said lands of White a distance of 2915.90 feet to  an  iron  pin  Thence
    19  north 03-52'-48" east along said lands of White, passing through an iron
    20  pin 338.36 feet distant, and continuing further along that same course a
    21  distance  of 13.64 feet farther, the total distance being 352.00 feet to
    22  a point in the assumed centerline of Nellie Neal Creek; Thence in gener-
    23  ally a north westerly direction  the  following  courses  and  distances
    24  along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west
    25  a  distance  of 189.56 feet to a point; north 63-40'-00" west a distance
    26  of 156.00 feet to a point; north 49-25'-00" west  a  distance  of  80.00
    27  feet  to  a  point;  south 80-21'-00" west a distance of 90.00 feet to a
    28  point; north 72-03'-00" west a distance of 566.00 feet to a point; north
    29  68-15'-00" west a distance of 506.00 feet to a point;  north  55-16'-00"
    30  west  a  distance  of  135.00  feet  to a point; south 69-18'-00" west a
    31  distance of 200.00 feet to a point; south 88-00'-00" west a distance  of
    32  170.00  feet  to a point on a tie line at or near the high water line of
    33  Seneca Lake; Thence north 25-17'-00" east along said tie line a distance
    34  of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands
    35  reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
    36  an iron pin; Thence north 06-56'-47" east along said lands of M.  Wagner
    37  a  distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east
    38  along lands reputedly of Schneider (lib. 429, page  37)  a  distance  of
    39  50.10  feet  to  an  iron pipe; Thence north 07-49'-11" east along lands
    40  reputedly of Oney (lib. 484, page 24) a distance of  50.00  feet  to  an
    41  iron  pipe;  Thence  north  82-29'-40"  west  along said lands of Oney a
    42  distance of 95.30 feet to an iron pipe on a tie  line  at  or  near  the
    43  highwater  line  of Seneca Lake; Thence north 08-15'-22" east along said
    44  tie line a  distance  of  25.00  feet  to  an  iron  pin;  Thence  south
    45  82-28'-00"  east  along  lands  reputedly  of  Yu (lib. 405, page 420) a
    46  distance of 96.53 feet to an iron pipe;  Thence  north  34-36'-59"  east
    47  along  said  lands  of  Yu  a  distance  of 95.00 feet to a point in the
    48  assumed centerline of Van Liew Creek; Thence in  generally  an  easterly
    49  direction  the following courses and distances along the assumed center-
    50  line of Van Liew Creek; north 72-46'-37" east a distance of 159.98  feet
    51  to  a  point; north 87-53'-00" east a distance of 94.00 feet to a point;
    52  south 71-12'-00" east a  distance  of  52.00  feet  to  a  point;  south
    53  84-10'-00"  east  a distance of 158.00 feet to a point; south 59-51'-00"
    54  east a distance of 160.00 feet to  a  point;  south  83-29'-00"  east  a
    55  distance  of  187.00 feet to a point; Thence north 01-33'-40" east along
    56  lands reputedly of Hansen (lib. 515, page 205) passing through  an  iron

        A. 10083                           70

     1  pipe  32.62  feet distant, and continuing further along that same course
     2  passing through an iron pin 205.38 feet farther,  and  continuing  still
     3  further  along  that  same  course a distance of 21.45 feet farther, the
     4  total  distance  being 259.45 feet to the assumed remains of a White Oak
     5  stump; Thence north 69-16'-11" east along lands  reputedly  of  Schwartz
     6  (lib.  374, page 733) being tie lines along the top of the south bank of
     7  Campbell Creek a distance of  338.00  feet  to  a  point;  Thence  south
     8  57-17'32" east along said tie line a distance of 136.60 feet to a point;
     9  Thence  south  74-45'-00"  east along said tie line a distance of 100.00
    10  feet to an iron pin; Thence north 04-46'-00" east along  said  lands  of
    11  Schwartz  a distance of 100.00 feet to a point in the assumed centerline
    12  of Campbell Creek; Thence in generally an easterly direction the follow-
    13  ing courses and distances  along  the  assumed  centerline  of  Campbell
    14  Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north
    15  76-53'-00"  east  a  distance of 180.00 feet to a point; north 83-05'00"
    16  east a distance of 230.00 feet to  a  point;  south  66-44'-00"  east  a
    17  distance  of  90.00 feet to a point; south 81-10'-00" east a distance of
    18  240.00 feet to a point; south 45-29'-15" east a distance of  73.18  feet
    19  to  a point; Thence south 05-25'-50" west along lands reputedly of Stan-
    20  ley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point  on
    21  the  assumed north line of Military Lot 75; Thence south 84-34'-10" east
    22  along said lands of Wagner and the assumed north line of Military Lot 75
    23  a distance of 1195.06 feet to an iron pin; Thence south  O6-57'52"  west
    24  along  said  lands  of M. Wagner (lib. 414, page 267) passing through an
    25  iron pin 215.58 feet distant, and continuing  further  along  that  same
    26  course a distance of 20.59 feet farther, the total distance being 236.17
    27  feet  to  a point in the assumed centerline of Campbell Creek; Thence in
    28  generally a south easterly direction the following course and  distances
    29  along  the assumed centerline of Campbell Creek; north 78-23'-09" east a
    30  distance of 29.99 feet to a point; south 46-09'-15" east a  distance  of
    31  65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to
    32  a  point;  south  61-59'-50"  east a distance of 206.91 feet to a point;
    33  north 63-58'-27" east a  distance  of  43.12  feet  to  a  point;  south
    34  28-51'-21"  east  a  distance of 47.72 feet to a point; south 15-14'-08"
    35  west a distance of 33.42 feet  to  a  point;  south  79-16'-32"  east  a
    36  distance  of 255.15 feet to a point; south 62-19'-46" east a distance of
    37  75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to
    38  a point; north 82-12'55" east a distance of 86.00 feet to a point; south
    39  44-13'53" east a distance of 64.08 feet to  a  point;  north  67-52'-46"
    40  east  a  distance  of  73.98  feet  to  a point; north 88-13'-13" east a
    41  distance of 34.64 feet to a point on the assumed west line of  New  York
    42  State  Route  414;  Thence  south 20-13'-30" east along the assumed west
    43  line of New York State Route 414 a distance of 248.04 feet to a concrete
    44  monument; Thence south 02-10'-30" west along said road line  a  distance
    45  of  322.90  feet  to an iron pin; Thence 13-14'-50" west along said road
    46  line a distance of 487.41 feet to an iron pin, said iron pin  being  the
    47  point and place of beginning;
    48    Comprising  an  area  of  126.807  acres of land according to a survey
    49  completed by Michael D. Karlsen  entitled  "Plan  Owned  by  Stanley  A.
    50  Wagner" known as Parcel A of Job number 98-505.
    51    This  survey  is  subject  to  all utility easements and easements and
    52  right-of-ways of record which may affect the parcel of land.
    53    This survey is also subject to the rights of  the  public  in  and  to
    54  lands herein referred to as New York State Route 414.

        A. 10083                           71

     1    This  survey intends to describe a portion of the premises as conveyed
     2  by Ruth V. Wagner to Stanley A. Wagner by  deed  recorded  February  10,
     3  1989 in Liber 450 of deeds, at Page 286.
     4    This  survey  also  intends  to  describe a portion of the premises as
     5  conveyed by Stanley W. VanVleet to Stanley A. Wagner  by  deed  recorded
     6  April 30, 1980 in Liber 385 of Deeds, at Page 203.
     7   ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
     8  New  York State Route 414 in Military Lot 75 in the Town of Lodi, County
     9  of Seneca, State of New York bounded and described as follows:
    10    Beginning at an iron pin on the assumed east line of  New  York  State
    11  Route  414,  said  iron  pin  being  north 50-44'-57" east a distance of
    12  274.92 feet from the south east corner of  the  parcel  of  land  herein
    13  above  described;  Thence leaving the point of beginning north 00-26'01"
    14  east along a mathematical tie line a distance of 504.91 feet to an  iron
    15  pin;  Thence  south  37-00'-20" east along lands reputedly of Tomberelli
    16  (lib. 419, page 243) passing through an iron pin  176.00  feet  distant,
    17  and  continuing  further  along that same course a distance of 2.01 feet
    18  farther, the total distance being 178.01 feet to a point;  Thence  south
    19  09-03'-55"  west along lands reputedly of M. Wagner (lib. 491, page 181)
    20  a distance of 68.19 feet to an iron pipe; Thence south  15-36'-04"  west
    21  along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
    22  Thence south 72-04'-59" west along said lands of M. Wagner a distance of
    23  20.49  feet  to  an iron pin, said iron pin being the point and place of
    24  beginning.
    25    Comprising an area of 0.727  acre  of  lands  according  to  a  survey
    26  completed  by Michael D. Karlsen entitled "Plan of Land Owned by Stanley
    27  A. Wagner" known as Parcel B of job number 98-505.
    28    This survey is subject to all  utility  easements  and  easements  and
    29  right-of-ways of record which may affect this parcel of land.
    30    This  survey  is  also  subject  to the rights of the public in and to
    31  lands herein referred to as New York State Route 414.
    32    This survey intends to describe the same premises as conveyed by Henry
    33  W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
    34  to Stanley A. Wagner by deed recorded July 2, 1996 in  liber  542,  page
    35  92.
    36    This  survey  also  intends  to  describe a portion of the premises as
    37  conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded  Febru-
    38  ary  10, 1989 in Liber 450 of deeds, at Page 286. The provisions of this
    39  paragraph shall not apply to any premises  or  business  located  wholly
    40  within  the following described parcel: ALL THAT TRACT OR PARCEL OF LAND
    41  situate in the City of Corning, County of Steuben and State of New  York
    42  bounded  and  described  as follows: Beginning at an iron pin situate at
    43  the terminus of the westerly line of Townley Avenue at its  intersection
    44  with the southwesterly line of New York State Route 17; thence S 00° 45'
    45  18"  E  along  the westerly line of Townley Avenue, a distance of 256.09
    46  feet to a point; thence S 89° 02' 07" W through an iron pin placed at  a
    47  distance of 200.00 feet, a total distance of 300.00 feet to an iron pin;
    48  thence N 00° 59' 17" W a distance of 47.13 feet to an iron pin; thence S
    49  89° 02' 07" W a distance of 114.56 feet to a point situate in the south-
    50  east  corner  of  Parcel  A-2  as  set forth on a survey map hereinafter
    51  described; thence N 14° 18' 49" E a distance of 124.40 feet to  an  iron
    52  pin  situate  at  the southeast corner of lands now or formerly of Cicci
    53  (Liber 923, Page 771); thence N 14° 18' 49" E a distance of  76.46  feet
    54  to  an  iron  pin; thence N 00° 57' 53" W a distance of 26.25 feet to an
    55  iron pin marking the southeast corner of parcel A-1 as set forth on  the
    56  hereinafter  described  survey map; thence N 00° 58' 01" W a distance of

        A. 10083                           72

     1  166.00 to an iron pin situate at the northeast  corner  of  said  Parcel
     2  A-1,  which pin also marks the southeast corner of lands now or formerly
     3  of Becraft (Liber 1048, Page 1086); thence N 00° 57' 53" W a distance of
     4  106.00 feet to an iron pin situate in the southerly line of lands now or
     5  formerly  of  the  United  States Postal Service; thence N 89° 02' 07" E
     6  along the southerly line of said United States Postal Service a distance
     7  of 81.47 feet to a point; thence N 14° 18' 49" E along the easterly line
     8  of said United States Postal Service a distance of  114.29  feet  to  an
     9  iron  pin  situate in the southwesterly line of New York State Route 17;
    10  thence S 32° 00' 31" E along the southwesterly line of  New  York  State
    11  Route  17,  a  distance of 358.93 feet to an iron pin; thence continuing
    12  along the southwesterly line of New York state Route 17, S 38° 30' 04" E
    13  a distance of 108.18 feet to the iron pin marking the  place  of  begin-
    14  ning. Said premises are set forth and shown as approximately 4.026 acres
    15  of  land  designated  as  Parcel  A (excluding Parcels A-1 and A-2) on a
    16  survey map entitled "As-Built Survey of Lands of New York Inn, LLC, City
    17  of Corning, Steuben County, New York" by Weiler Associates, dated Decem-
    18  ber 27, 2001, designated Job No. 12462; or (vii) any  such  premises  or
    19  businesses  located on that certain plot, piece or parcel of land, situ-
    20  ate, lying and being in the Second Ward of the City of  Schenectady,  on
    21  the Northerly side of Union Street, bounded and described as follows: to
    22  wit;  Beginning at the Southeasterly corner of the lands lately owned by
    23  Elisha L. Freeman and now by Albert Shear; and running from thence East-
    24  erly along the line of Union Street, 44 feet to the lands now  owned  by
    25  or  in  the  possession  of  James  G.  Van Vorst; thence Northerly in a
    26  straight line along the last mentioned lands and the lands of  the  late
    27  John  Lake,  102  feet to the lands of one Miss Rodgers; thence Westerly
    28  along the line of the last mentioned lands of said Rodgers to the  lands
    29  of  the  said  Shear; and thence Southerly along the lands of said Shear
    30  101 feet, 6 inches to Union Street, the place of beginning.
    31    Also all that tract or parcel of land,  with  the  buildings  thereon,
    32  situate  in the City of Schenectady, County of Schenectady, and State of
    33  New York, situate in the First, formerly the Second  Ward  of  the  said
    34  City,  on  the  Northerly  side  of  Union Street, which was conveyed by
    35  William Meeker and wife to Elisha L. Freeman by deed  dated  the  second
    36  day  of December 1843, and recorded in the Clerk's Office of Schenectady
    37  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
    38  said deed is bounded and described as follows: Beginning at a  point  in
    39  the  Northerly line of Union Street where it is intersected by the East-
    40  erly line of  property  numbered  235  Union  Street,  which  is  hereby
    41  conveyed,  and  running thence Northerly along the Easterly line of said
    42  property, One Hundred Forty and Five-tenths  (140.5)  feet  to  a  point
    43  sixteen  (16)  feet  Southerly from the Southerly line of the new garage
    44  built upon land adjoining on the North; thence  Westerly  parallel  with
    45  said  garage,  Forty-six  and Seven-tenths (46.7) feet; thence Southerly
    46  One Hundred Forty and Eight-tenths (140.8) feet to the Northerly  margin
    47  of  Union  Street;  thence  Easterly along the Northerly margin of Union
    48  Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
    49  place of beginning.
    50    The  two  above  parcels  are  together more particularly described as
    51  follows:
    52    All that parcel of land in the City  of  Schenectady  beginning  at  a
    53  point  in  the  northerly  margin  of  Union Street at the southwesterly
    54  corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
    55  which  point  is  about  60  feet westerly of the westerly line of North
    56  College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the

        A. 10083                           73

     1  southeasterly  corner  of  other lands now or formerly of Friedman (Deed
     2  Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet  to  the
     3  southwesterly  corner  of  lands  now or formerly of Stockade Associates
     4  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
     5  lands  now  or formerly of McCarthy (Deed Book 1129 at page 281); thence
     6  along McCarthy S. 00 deg. 52' 02" E.  3.69  feet  to  the  northwesterly
     7  corner  of lands now or formerly of SONYMA (Deed Book 1502 at page 621);
     8  thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;
     9  thence still along lands of SONYMA and lands now or  formerly  of  Magee
    10  (Deed  Book  399  at  page  165)  S.  86 deg. 11' 52" E. 42.57 feet to a
    11  corner; thence still along lands of Magee and Lands  of  Friedman  first
    12  above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of begin-
    13  ning.
    14    Excepting  and  reserving  all  that portion of the above parcel lying
    15  easterly of a line described as follows:
    16    All that tract or parcel of land, situated in the City of  Schenectady
    17  and  County  of Schenectady and State of New York, on the Northerly side
    18  of Union Street bounded and described as follows:
    19    Beginning at a point in the northerly line of Union Street, said point
    20  being in the division line between lands now  or  formerly  of  Electric
    21  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    22  formerly  of  Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
    23  under Will of Ruth F. Wexler (Street number 241  Union  Street)  on  the
    24  East;  thence  North  03  deg. 04' 10" East, along the building known as
    25  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    26  North 88 deg. 45' 45" West, along said  building  and  building  eve,  a
    27  distance  of  5.62  feet  to a point; thence North 03 deg. 03' 30" East,
    28  along said building eve of Street No. 241 Union Street,  a  distance  of
    29  32.74  feet; thence South 88 deg. 45' 45" East, along said building eve,
    30  a distance of 1.2 feet to an intersection of building corner  of  Street
    31  No.  241  Union  Street  and  a brick wall; thence north 03 deg. 37' 30"
    32  East, along said brick wall, a distance of 14.47 feet to a point in  the
    33  corner  of  the brick wall, thence South 86 deg. 46' 45" East along said
    34  brick wall a distance of 4.42 feet to the  intersection  of  brick  wall
    35  with  the boundary line between the Electric Brew Pubs, Inc. (aforesaid)
    36  on the West and lands of Margaret Wexler and Donna Lee Wexler  Pavlovic,
    37  (aforesaid)  on the East; thence North 03 deg 10' 08" East a distance of
    38  0.62 feet to the Northeast corner of lands belonging to Margaret  Wexler
    39  and Donna Lee Wexler Pavlovic.
    40    Also  all  that  tract  or  parcel of land commonly known as the Union
    41  Street School, located on the Northeasterly corner of  Union  and  North
    42  College  Streets in the First Ward of the City and County of Schenectady
    43  and State of New  York,  more  particularly  bounded  and  described  as
    44  follows:    Beginning  at  a point in the Northerly street line of Union
    45  Street where it is intersected by the  Easterly  street  line  of  North
    46  College Street, and runs thence Northerly along the Easterly street line
    47  of  North College Street, one hundred seven and five-tenths (107.5) feet
    48  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    49  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    50  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    51  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    52  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
    53  Northerly street line of Union Street; thence Westerly along the  North-
    54  erly street line of Union Street, one hundred twenty-four and fifty-five
    55  hundredths (124.55) feet to the point or place of beginning.

        A. 10083                           74

     1    The  above  described parcel of property includes the Blue Line parcel
     2  of land, which is a portion of the abandoned Erie Canal  Lands,  located
     3  in  the  First Ward of the City of Schenectady, New York, and which Blue
     4  Line parcel lies between the Northwesterly line of Erie Boulevard as set
     5  forth  in the above described premises and the Northeasterly lot line of
     6  the old Union Street School as it runs parallel with  the  Northwesterly
     7  line of Erie Boulevard as aforesaid.
     8    The  two  above  parcels  are  together more particularly described as
     9  follows: All that parcel of land in the City of Schenectady beginning at
    10  a point in the northerly margin of Union Street  and  the  northwesterly
    11  margin  of  Erie Boulevard and runs thence along Union Street N. 86 deg.
    12  42' 20" W. 124.55 feet to the easterly margin of North  College  Street;
    13  thence  along  North  College Street N. 05 deg 04' 40" E. 107.50 feet to
    14  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    15  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
    16  formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55'  20"  E.
    17  191.75  feet to the northwesterly margin of Erie Boulevard; thence along
    18  Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of  begin-
    19  ning; or (viii) any such premises or businesses located on that tract or
    20  parcel of land situate in the Town of Hopewell, Ontario County, State of
    21  New  York,  bounded and described as follows: Commencing at a 5/8" rebar
    22  found on the division line between lands  now  or  formerly  of  Ontario
    23  County  -  Finger Lakes Community College (Liber 698 of Deeds, Page 466)
    24  on the north and lands now or formerly of James W. Baird (Liber  768  of
    25  Deeds,  Page 1109) on the south; thence, North 43°-33'-40" West, on said
    26  division line, a distance of 77.32  feet  to  the  Point  of  Beginning.
    27  Thence,  North  43°-33'-40"  West,  continuing on said division line and
    28  through said lands of Ontario County, a distance of  520.45  feet  to  a
    29  point  on  the  southeasterly  edge of an existing concrete pad; thence,
    30  South 74°-19'-53" West, along said edge of concrete and  the  projection
    31  thereof,  a  distance  of 198.78 feet to a point on the easterly edge of
    32  pavement of an existing campus drive;  thence,  the  following  two  (2)
    33  courses  and  distances  along said edge of pavement: Northeasterly on a
    34  curve to the left having a radius of 2221.65 feet, a  chord  bearing  of
    35  North  30°-16'-39"  East, a chord distance of 280.79, a central angle of
    36  07°-14'-47", a length of 280.98 feet to a point  of  reverse  curvature;
    37  thence,  Northeasterly on a curve to the right having a radius of 843.42
    38  feet, a chord bearing of North 45°-25'-09" East,  a  chord  distance  of
    39  534.08,  a  central  angle  of 36°-55'-01", a length of 543.43 feet to a
    40  point; thence, South 30°-04'-59" East, a distance of 18.28 feet  to  the
    41  corner  of  the property acquired by Ontario County (Liber 766 of Deeds,
    42  Page 1112), as shown on a map recorded in  the  Ontario  County  Clerk's
    43  Office  as  Map  No.  6313;  thence,  the following four (4) courses and
    44  distances along said property line: South 30°-04'-59" East,  a  distance
    45  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
    46  147.53  feet  to  a point; thence, South 41°-31'-35" East, a distance of
    47  200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
    48  erty line, and the projection thereof, through the first said  lands  of
    49  Ontario  County  -  Finger  Lakes Community College (Liber 698 of Deeds,
    50  Page 466), a distance of 517.96 feet to Point of Beginning. Said  parcel
    51  containing  7.834  acres,  more  or  less,  as  shown  on a map entitled
    52  "Proposed Lease Area - Friends  of  the  Finger  Lakes  Performing  Arts
    53  Center,  Hopewell,  NY", prepared by Bergmann Associates, drawing LM-01,
    54  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
    55  erties are shown on the Map denominated  "FLCC  Campus  Property,  FLPAC
    56  Ground  Lease,  Parking, Vehicular & Pedestrian Access", recorded in the

        A. 10083                           75

     1  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
     2  at page 9 and are comprised of the areas separately labeled  as  Parking
     3  Lot  'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the
     4  Entry  Roads;  or  (ix)  any such premises or businesses located on that
     5  tract or parcel of land situate lying and being in the Town of  Oneonta,
     6  County  of  Otsego  and  State of New York and being a portion of Otsego
     7  County Tax Map Department Parcel  Number  287.00-1-33  and  bounded  and
     8  described  as follows: Beginning at a point 2.12 feet off the northeast-
     9  erly corner of a one story building on the lands, now  or  formerly,  of
    10  Abner Doubleday, LLC, aka Cooperstown All Star Village, LLC, as owned by
    11  Martin  and  Brenda Patton, which point lies N 87°55'13" W a distance of
    12  149.37' from  the  northeast  corner  of  the  Patton  lands;  thence  N
    13  74°30'18"  W a distance of 51.50 feet to a point; thence S 15°29'42" W a
    14  distance of 2.00 feet to a point; thence N 74°30'18"  W  a  distance  of
    15  14.00  feet to a point; thence S 15°29'42" W a distance of 19.20 feet to
    16  a point; thence S 74°30'18" E a distance  of  14.20  feet  to  a  point;
    17  thence  S  15°29'42"  W  a distance of 4.20 feet; thence S 74°30'18" E a
    18  distance of 51.30 feet to a point; thence N 15°29'42" E  a  distance  of
    19  25.40 feet to a point to the point and place of beginning.
    20  Containing  an  area  of  1576.06  square feet, or 0.036 acres with such
    21  bearings referencing Magnetic North 1995.
    22  This survey is subject to any rights of way or easements which may  have
    23  been  granted  to  utility  companies;  or (x) Notwithstanding any other
    24  provision of law to the contrary, the state liquor authority may issue a
    25  license under section fifty-one-a of this chapter to  the  owner  and/or
    26  operator  of  the  parcel  described  in  this  subparagraph.  The legal
    27  description for the parcel so identified as the site is as follows:
    28    ALL THAT TRACT OR PARCEL OF LAND situate  in  the  city  of  Syracuse,
    29  County  of  Onondaga  and  State  of  New  York  being more particularly
    30  described as follows:
    31    Beginning at a point in the easterly line  of  North  Clinton  Street,
    32  said  point being approximately 518.65 feet southerly along the easterly
    33  line of North Clinton Street from its intersection  with  the  southerly
    34  line  of  Division Street; thence N. 76° 43' 56" E. a distance of 133.65
    35  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    36  point; thence N. 71° 07' 02" E a distance of 16.99 feet to  a  point  in
    37  the  westerly  line  of  Genant  Drive;  thence  southeasterly along the
    38  westerly line of Genant Drive on a curve to the right with a  radius  of
    39  643.94  feet,  an arc length of 77.63 feet and a chord of S. 16° 43' 54"
    40  E. with a distance of 77.58' to the point of tangency; thence S. 13° 17'
    41  52" E.  a distance of 265.92 feet to a point; thence on a curve  to  the
    42  right  with a radius of 55 feet, an arc length of 57.02 feet and a chord
    43  of S.  16° 23' 37" W. with a distance of 54.53  feet  to  the  point  of
    44  tangency;  thence S. 59° 31' 29" W. a distance of 24.64 feet to a point;
    45  thence S.  71° 26' 56" W. a distance of 142.18 feet to a  point  in  the
    46  easterly  line of N. Clinton Street; thence N. 28° 09' 10" W. a distance
    47  of 364.86 feet to the point and place of beginning.  Said  parcel  being
    48  approximately  1.99  acres. The aforesaid described parcel is also shown
    49  as Lot "1B" (331 Genant Drive) according to a map  entitled  "A  Map  of
    50  Resubdivision  of  a portion of Block D in the Original Village of Syra-
    51  cuse into Lots 1A and 1B, City of Syracuse, Onondaga  County,  State  of
    52  New  York,  Known  as  431 and 311 Genant Drive" by James M. Zuccolotto,
    53  Licensed Land Surveyor, dated March 20, 2001 and last  revised  May  21,
    54  2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as
    55  Map No. 9408.

        A. 10083                           76

     1    EXCEPTING  AND RESERVING THEREFROM, a permanent easement and right-of-
     2  way benefiting Niagara Mohawk  Power  Corporation,  its  successors  and
     3  assigns,  upon  and  across that portion of the above described premises
     4  more particularly described as follows:
     5    Beginning  at  a  point  in the easterly line of North Clinton Street,
     6  said point being approximately 518.65 feet southerly along the  easterly
     7  line  of  North  Clinton Street from its intersection with the southerly
     8  line of Division Street; thence N. 76° 43' 56" E. a distance  of  133.65
     9  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    10  point;  thence  N.  71° 07' 02" E a distance of 16.99 feet to a point in
    11  the westerly line  of  Genant  Drive;  thence  southeasterly  along  the
    12  westerly  line  of Genant Drive on a curve to the right with a radius of
    13  643.94 feet, an arc length of 68.17 feet to a point which is the  north-
    14  east  corner  of the Multi-Story Brick Building located on Lot "1B" (311
    15  Genant Drive) as shown on a map entitled "A Map of a Resubdivision of  a
    16  portion  Of Block D in the Original Village of Syracuse into Lots 1A and
    17  1B, City of Syracuse, Onondaga County, State of New York, known  as  431
    18  and  311  Genant  Drive" by James M. Zuccolotto, Licensed Land Surveyor,
    19  dated March 20, 2001 and last revised May 21, 2002,  and  filed  in  the
    20  Onondaga  County  Clerk's  Office  on  May 28, 2002 as Map No. 9408 (the
    21  "Subdivision Map"); thence along the northerly line of said  Multi-Story
    22  Brick  Building S. 76° 52' 55" W. a distance 283.21 feet to the easterly
    23  line of North Clinton Street; thence N. 27° 59' 42"  W.  a  distance  of
    24  9.8' to the point and place of beginning. Said easement and right-of-way
    25  shall  be  a  permanent  easement appurtenant, creating a property right
    26  which shall run with the land, for the purpose of ingress and egress  by
    27  Niagara  Mohawk  Power  Corporation,  its  successors and assigns to the
    28  benefited parcel, identified as the Ash Street Substation located on lot
    29  1A (431 Genant Drive) as shown on the Subdivision Map,  and  to  access,
    30  maintain, repair, replace and remove the transformer and containment pad
    31  and  the  two  vaults, shown on the Subdivision Map, and any appurtenant
    32  facilities or other property of Niagara Mohawk Power Corporation located
    33  within said easement, provided  that  the  Multi-Story  Brick  Building,
    34  stairs  and  two air conditioning units shown on the Subdivision Map and
    35  located in the easement area are part  of  the  real  property  conveyed
    36  herein  and  shall  not be deemed to be property of Niagara Mohawk Power
    37  Corporation.
    38    ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation,  its
    39  successors  and  assigns, from the parcel(s) described in this deed, the
    40  permanent right-of-way and easement to operate, maintain, replace and/or
    41  remove any and all existing gas and electric facilities, and all  appur-
    42  tenant  facilities  thereto,  as are now erected upon the premises above
    43  described, including the full right, privileges and authority  to  cross
    44  lands of the party of the second part to gain access to said facilities,
    45  and  also  including the full right, privileges and authority to cut and
    46  remove all trees, structures, and other obstructions within  the  perma-
    47  nent  right-of-way,  together with the right to cut and remove any trees
    48  outside the permanent right-of-way which in the sole opinion of  Niagara
    49  Mohawk  Power Corporation, its successors and assigns, are deemed likely
    50  to interfere with or pose a hazard to the facilities, provided that  the
    51  Multi-Story  Brick Building, stairs and two air conditioning units shown
    52  on the Subdivision Map shall not  be  removed  or  modified  by  Niagara
    53  Mohawk  Power  Corporation, its successors and assigns, pursuant to this
    54  Right-of-Way and Easement.
    55    ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
    56  successors and assigns, the permanent right-of-way and easement to oper-

        A. 10083                           77

     1  ate, maintain, build, construct, replace and/or remove electric and  gas
     2  distribution  facilities  within  ten  (10)  feet  of  the  edge  of any
     3  highway(s) abutting the premises herein deemed necessary by said Niagara
     4  Mohawk  Power  Corporation, its successors and assigns, said easement to
     5  include the full right, privilege and authority to cut  and  remove  all
     6  trees,  structures,  and obstructions within said easement deemed neces-
     7  sary by Niagara Mohawk Power Corporation, provided that the  Multi-Story
     8  Brick  Building  shown  on  the  Subdivision Map shall not be removed or
     9  modified  by  Niagara  Mohawk  Power  Corporation,  its  successors  and
    10  assigns,  pursuant  to  this right-of-way and easement; or (xi) ALL that
    11  certain plot, piece or parcel of land, situate, lying and being  in  the
    12  Town  of  Greenburgh, County of Westchester and State of New York, being
    13  bounded and described as follows:
    14    BEGINNING at a point on the easterly side of Saw Mill River Road where
    15  the same is intersected by the division line between premises hereinaft-
    16  er described and lands now or formerly of One Riverdale Ave.    Develop-
    17  ment  Co.,  Inc.,  said  point being North 11 Degrees 23' 24" West 22.83
    18  feet from the former North East corner of Saw Mill River Road and Hunter
    19  Lane;
    20    THENCE along said division line, North 82 Degrees 18' 00" East  647.08
    21  feet  to  land  now  or  formerly of One Riverdale Ave. Development Co.,
    22  Inc.;
    23    THENCE northerly along same, North 7 Degrees 42' 00" West 351.52  feet
    24  and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of
    25  lands now or formerly of Hodes Daniels;
    26    THENCE  westerly along same, South 80 Degrees 34' 00" West 85.00 feet,
    27  South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35'  00"  West
    28  120.56  feet,  and South 81 Degrees 15' 00" West 485.74 feet to the east
    29  side of Saw Mill River Road;
    30    THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet
    31  and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING;
    32  or
    33    (xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in  the  Tenth
    34  Ward  of  the  City of Troy, County of Rensselaer and State of New York,
    35  known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6),  Five
    36  (5),  A Five (A5) and the southerly portions of Lots Four (4) and A Four
    37  (A4), as the same are laid down and described on a certain Map  made  by
    38  Frederick  W.  Orr,  dated  August  15, 1918, filed in the Office of the
    39  Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said
    40  premises hereby intended to be conveyed are  bounded  and  described  as
    41  follows:
    42    COMMENCING  at an iron rod in the westerly side of River Street at the
    43  most southeasterly corner of premises heretofore conveyed by Harry Gold-
    44  berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated
    45  November 8, 1940, recorded November 12, 1940 In the Office of the  Clerk
    46  of the County of Rensselaer in Book 633 of Deeds at page 400 and running
    47  thence southerly along the westerly line of River Street 215.6 feet to a
    48  pipe  in  the  most  southeasterly corner of Lot No. A7; thence westerly
    49  along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to
    50  the easterly shore of the Hudson River; thence northerly along the east-
    51  erly shore of the Hudson River 216 feet more or less to the most  south-
    52  westerly  corner  of land heretofore conveyed by the said Harry Goldberg
    53  and Norman Goldberg  to  Arthur  E.  Collins  and  another  hereinbefore
    54  recited; thence along the southerly line of lands heretofore conveyed to
    55  said  Collins  and  another  easterly  31.75 feet; thence northerly 6.33

        A. 10083                           78

     1  feet; thence easterly 18 feet; thence southerly 6.33 feet; thence  east-
     2  erly 150.57 feet to the point or place of beginning.
     3    EXCEPTING  THEREFROM  that  portion of the above described premises as
     4  were conveyed by John B. Garrett, Inc. to Cahill Orthopedic  Laboratory,
     5  Inc.   by deed dated June 22, 1993 and recorded in the Rensselaer County
     6  Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,
     7    Containing 17,600 square feet of land more or less.
     8    BEARINGS refer to the magnetic meridian of  1993.  Said  premises  are
     9  also  described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage
    10  and depth 115.60 x 220.00 being the same premises described in Book 6534
    11  of Deeds at Page 256 in the Rensselaer County Clerk's Office  and  being
    12  the  same  premises  in  the  2009  City  of  Troy  Assessment Rolls and
    13  90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC;  CORINA,
    14  ANGELO;  MCLAUGHLIN,  JOHN  D & VASIL, SCOTT); and being further bounded
    15  and described as follows: BEGINNING at a point marked by a  capped  iron
    16  rod  where  the  division  line  between lands now or formerly of Walter
    17  Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast  and  lands
    18  herein  described  on the southwest intersects the northwesterly side of
    19  River Street; running thence South 40° 01' 52" West along the  northwes-
    20  terly  side of River Street a distance of 100.00 feet to a point; thence
    21  North 49° 45' 31" West a distance of 41.97 feet to a point at the south-
    22  westerly corner of the building located on the  herein  described  prem-
    23  ises,  said  point  also  being the northeasterly corner of the building
    24  located on the property adjoining on the southwest; thence North 60° 59'
    25  40" West along the building wall located on the  property  adjoining  on
    26  the  southwest  and the northwesterly continuation of same a distance of
    27  140.88 feet to the easterly shore of the Hudson River; thence North  30°
    28  16'  52"  East  along  the shore of the Hudson River a distance of 90.90
    29  feet to a point; thence South 60°  44'  08"  East  along  lands  now  or
    30  formerly  of  Walter  Snyder  Printer,  Inc.  (Liber  1334,  Page 861) a
    31  distance of 31.75 feet to a point; thence North 30° 16' 52" East contin-
    32  uing along lands now or  formerly  of  Walter  Snyder  Printer,  Inc.  a
    33  distance of 6.33 feet to a point; thence South 60° 44' 08" East continu-
    34  ing along lands now or formerly of Walter Snyder Printer, Inc a distance
    35  of 18.00 feet to a point; thence South 30° 16' 52" West continuing along
    36  lands  now or formerly of Walter Snyder Printer, Inc. a distance of 6.33
    37  feet to a point; thence South 60° 44' 08" East  continuing  along  lands
    38  now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 feet
    39  to the point and place of beginning. Be the aforesaid dimensions in this
    40  clause  more  or  less  and encompassing lands considered to be a single
    41  contiguous parcel.
    42    The provisions of this paragraph  shall  not  apply  to  any  premises
    43  licensed under section sixty-four of this chapter in which a manufactur-
    44  er or wholesaler holds a direct or indirect interest, provided that: (I)
    45  said  premises  consist  of  an interactive entertainment facility which
    46  predominantly  offers  interactive  computer  and  video   entertainment
    47  attractions, and other games and also offers themed merchandise and food
    48  and  beverages, (II) the sale of alcoholic beverages within the premises
    49  shall be restricted to an area consisting of not more  than  twenty-five
    50  percent  of  the  total  interior  floor area of the premises, (III) the
    51  retail licenses shall derive not less than  sixty-five  percent  of  the
    52  total  revenue  generated  by the facility from interactive video enter-
    53  tainment activities and other games, including related  attractions  and
    54  sales  of  merchandise other than food and alcoholic beverages, (IV) the
    55  interested manufacturer or wholesaler, or its parent company,  shall  be
    56  listed  on  a  national  securities  exchange and its direct or indirect

        A. 10083                           79

     1  equity interest in the retail  licensee  shall  not  exceed  twenty-five
     2  percent,  (V)  no more than fifteen percent of said licensee's purchases
     3  of alcoholic beverages for  sale  in  the  premises  shall  be  products
     4  produced  or distributed by the manufacturer or wholesaler, (VI) neither
     5  the name of the manufacturer or wholesaler nor the name of any brand  of
     6  alcoholic  beverage  produced  or  distributed  by  said manufacturer or
     7  wholesaler shall be part of the name of the premises, (VII) the name  of
     8  the  manufacturer or wholesaler or the name of products sold or distrib-
     9  uted by such manufacturer or  wholesaler  shall  not  be  identified  on
    10  signage  affixed  to either the interior or the exterior of the premises
    11  in any fashion, (VIII) promotions involving alcoholic beverages produced
    12  or distributed by the manufacturer or wholesaler are not  held  in  such
    13  premises  and further, retail and consumer advertising specialties bear-
    14  ing the name of the manufacturer or wholesaler or the name of  alcoholic
    15  beverages  produced or distributed by the manufacturer or wholesaler are
    16  not utilized in any fashion, given away or sold in  said  premises,  and
    17  (IX)  except  to the extent provided in this paragraph, the licensing of
    18  each premises covered by this exception is subject to all provisions  of
    19  section  sixty-four of this chapter, including but not limited to liquor
    20  authority approval of the specific location thereof.  The provisions  of
    21  this  paragraph  shall not prohibit (1) a manufacturer or wholesaler, if
    22  an individual, or a partner, of a partnership, or, if a corporation,  an
    23  officer or director thereof, from being an officer or director of a duly
    24  licensed  charitable  organization  which is the holder of a license for
    25  on-premises consumption under this chapter, nor (2) a manufacturer  from
    26  acquiring any such premises if the liquor authority first consents ther-
    27  eto  after  determining,  upon  such proofs as it shall deem sufficient,
    28  that such premises is  contiguous  to  the  licensed  premises  of  such
    29  manufacturer,  and  is  reasonably  necessary  for  the expansion of the
    30  facilities of such manufacturer. After any such acquisition, it shall be
    31  illegal for a manufacturer acquiring any such premises to sell or deliv-
    32  er alcoholic beverages manufactured by him  to  any  licensee  occupying
    33  such premises; or
    34    (xiii)  any  such  premises or business located in the Town of Carmel,
    35  County of Putnam, State of New York, and being more particularly bounded
    36  and described as follows:
    37    BEGINNING at a point on the westerly side of U.S. Route  6  where  the
    38  same  is  intersected  by  Lot No. 1 as shown on "Minor Subdivision Plat
    39  Prepared for Hinckley Holdings LLC Between Tax Lots 55.10-1-1, 55.10-1-3
    40  & 55.6-1-53," filed in the Putnam County Clerks' office on July 18, 2018
    41  as filed map no. 3196 and lands now or formerly  of  the  Putnam  County
    42  Bike  path;  THENCE from said point of beginning along the westerly side
    43  of U.S. Route 6, S 14° 39' 25" E 16.79' to the intersection of Lot  Nos.
    44  1  &  3  as shown on the aforementioned filed map no. 3196; THENCE along
    45  the dividing line between Lot Nos. 1 & 3 as shown on the  aforementioned
    46  filed  map  no. 3196, S 75° 20' 35" W 6.53' to a point on a curve to the
    47  right; THENCE along said curve to the right with a radius of 150.00',  a
    48  length of 49.19' and a central angle of 18° 47' 25" to a point; thence N
    49  85°  52'  00"  W  743.76',  S  2°  05' 46" W 866.14' and N 88° 19' 25" W
    50  258.90' to a point at the intersection of Lot Nos. 1, 2, & 3 as shown on
    51  the aforementioned filed map no. 3196; THENCE along  the  dividing  line
    52  between  Lot  Nos.  1  &  2 as shown on the aforementioned filed map no.
    53  3196, N 28° 38' 52" W 218.96' and N 77° 16' 24" W 239.77' to a point  on
    54  a curve to the right; THENCE along said curve to the right with a radial
    55  bearing  of S 84° 14' 21" E, a radius of 150.00', a length of 14.91' and
    56  a central angle of 5° 41' 49" to a point; thence N 11° 27' 28" E 300.64'

        A. 10083                           80

     1  to a point on a curve to the left; THENCE along said curve to  the  left
     2  with  a radius of 70.00', a length of 121.16' and a central angle of 99°
     3  10' 18" to a point; THENCE N 87° 42' 50" W 58.65'  to  a  point  on  the
     4  easterly  side  of Seminary Hill Road; THENCE along the easterly side of
     5  Seminary Hill Road, N 24° 43' 45" E 16.72', N 22° 06' 20" E  413.76',  N
     6  31°  12' 50" E 6.29', N 43° 03' 10" E 4.16' and N 42° 32' 19" E 6.72' to
     7  a point at the intersection of Lot No. 1 as shown on the  aforementioned
     8  filed map no. 3196 and lands now or formerly of the Putnam County Bikep-
     9  ath;  THENCE  along  the dividing line between Lot No. 1 as shown on the
    10  aforementioned filed map no. 3196 and  lands  now  or  formerly  of  the
    11  Putnam  County Bikepath, N 63° 24' 48" E 12.80', N 72° 52' 19" E 17.05',
    12  S 68° 45' 13" E 41.08', S 88° 19' 31" E 215.42', S 29° 05' 17" E 71.85',
    13  S 74° 05' 17" E 393.67' and S 85° 52' 00" E 617.85'  to  the  point  and
    14  place  of  BEGINNING. Containing within said bounds 13.003 acres of land
    15  more or less.
    16    (xiii) ALSO ALL THOSE TRACT OR PARCEL  OF  LAND,  situate,  lying  and
    17  being  in the Village of South Glens Falls, County of Saratoga and State
    18  of New York, being more particularly bounded and described  as  follows:
    19  BEGINNING  at  a  point  at the southwest corner of the herein described
    20  parcel. Also being the southeast corner of Lands  of  Village  of  South
    21  Glens  Falls  (L.  1448  P. 709) and being on the north boundary of West
    22  Marion Street, thence from said  point  of  beginning:  n  21-21'-57"  E
    23  150.72  feet  along lands of the Village of South Glens Falls to a point
    24  on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04
    25  feet along lands of Village of South Glens Falls and Mounir Rahal  to  a
    26  point  at the southeast corner of Rahal and on the west boundary of U.S.
    27  Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the
    28  intersection of the west boundary of Rte. 9 and the  north  boundary  of
    29  West  Marion Street, thence North 67-32'-32" West 189.29 feet along West
    30  Marion Street to the point and place of beginning. Said parcel  contain-
    31  ing 0.507 plus or minus acres.]
    32    § 26. Subdivision 1 of section 105-a of the alcoholic beverage control
    33  law,  as separately amended by chapters 139 and 312 of the laws of 2006,
    34  is amended to read as follows:
    35    [1.] No person, firm or corporation  holding  any  license  or  permit
    36  issued  under  this chapter shall sell, offer for sale or give away beer
    37  at retail on Sunday between three antemeridian and  eight  antemeridian.
    38  Persons,  firms  or  corporations holding licenses and/or permits issued
    39  under the provisions of the alcoholic beverage  control  law  permitting
    40  the  sale of beer at retail, may sell such beverages at retail on Sunday
    41  before three antemeridian and after eight antemeridian for  off-premises
    42  consumption  to  persons making purchases at the licensed premises to be
    43  taken by them from the licensed premises.
    44    § 27. Subdivisions 3-a and 3-b of section 102 of the alcoholic  bever-
    45  age  control  law,  as  amended  by chapter 458 of the laws of 1993, are
    46  amended to read as follows:
    47    3-a. No licensee or permittee shall purchase or agree to purchase  any
    48  alcoholic  beverages  from  any  person within the state who is not duly
    49  licensed to sell such alcoholic beverage as the case may be, at the time
    50  of such agreement and sale nor give any order for any alcoholic beverage
    51  to any individual who is not the holder of a solicitor's permit,  except
    52  as  provided for in section [eighty-five or] ninety-nine-g of this chap-
    53  ter.
    54    3-b. No retail licensee shall purchase, agree to purchase  or  receive
    55  any  alcoholic  beverage  except  from a person duly licensed within the
    56  state by the liquor authority to sell such  alcoholic  beverage  at  the

        A. 10083                           81

     1  time  of  such  agreement  and  sale  to such retail licensee, except as
     2  provided for in section [eighty-five or] ninety-nine-g of this chapter.
     3    §  28. Subdivision 8-a of section 17 of the alcoholic beverage control
     4  law, as added by chapter 383 of the laws of 1998, is amended to read  as
     5  follows:
     6    8-a.  On and after January first, two thousand the report provided for
     7  in subdivision eight of this section shall include an evaluation of  the
     8  effectiveness of the prohibition on the sale of alcohol to persons under
     9  the  age of twenty-one as provided in section sixty-five-b of this chap-
    10  ter with particular emphasis on the provisions of subdivisions one, two,
    11  three, four and  five  of  section  sixty-five-b,  subdivision  five  of
    12  section one hundred nineteen [and subdivision six of section sixty-five]
    13  of this chapter, paragraph (b) of subdivision seven of section 170.55 of
    14  the  criminal  procedure law and subdivision (f) of section 19.07 of the
    15  mental hygiene law.
    16    § 29. The opening paragraph of paragraph  (a)  of  subdivision  13  of
    17  section 106 of the alcoholic beverage control law, as amended by chapter
    18  453 of the laws of 2018, is amended to read as follows:
    19    No  retail  licensee  for on-premises consumption shall be interested,
    20  directly or indirectly, in any premises where liquors, wines or beer are
    21  manufactured or sold at  wholesale,  by  stock  ownership,  interlocking
    22  directors,  mortgage  or lien on any personal or real property or by any
    23  other means[, except that liquors, wines or beer may be manufactured  or
    24  sold  wholesale  by  the person licensed as a manufacturer or wholesaler
    25  thereof:].
    26    § 30. Subdivision 6 of section 117-a of the alcoholic beverage control
    27  law, as added by chapter 139 of the laws of 2006, is amended to read  as
    28  follows:
    29    6.  The  provisions of this section shall not apply to the holder of a
    30  temporary permit under subdivision [two] seven of  section  one  hundred
    31  [five-a] sixty-five of this [article] chapter.
    32    §  31. This act shall take effect immediately; provided, however, that
    33  the amendments to subdivision 8-a of section 17 of the alcoholic  bever-
    34  age  control  law  made  by  section twenty-eight of this act shall take
    35  effect on the same date as the reversion of such section as provided  in
    36  section 4 of chapter 118 of the laws of 2012.
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