Bill Text: NY S01852 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to exempting certain parcels of land from the provisions of law which generally restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-08-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01852 Detail]
Download: New_York-2019-S01852-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1852 2019-2020 Regular Sessions IN SENATE January 16, 2019 ___________ Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to exempting certain parcels of land from the provisions of law which generally restrict manufacturers, wholesalers and retailers from shar- ing an interest in a liquor license The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (xii) of paragraph (a) of subdivision 1 of 2 section 101 of the alcoholic beverage control law, as added by chapter 3 453 of the laws of 2018, is amended and a new subparagraph (xiii) is 4 added to read as follows: 5 (xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Tenth 6 Ward of the City of Troy, County of Rensselaer and State of New York, 7 known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five 8 (5), A Five (A5) and the southerly portions of Lots Four (4) and A Four 9 (A4), as the same are laid down and described on a certain Map made by 10 Frederick W. Orr, dated August 15, 1918, filed in the Office of the 11 Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said 12 premises hereby intended to be conveyed are bounded and described as 13 follows: 14 COMMENCING at an iron rod in the westerly side of River Street at the 15 most southeasterly corner of premises heretofore conveyed by Harry Gold- 16 berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated 17 November 8, 1940, recorded November 12, 1940 In the Office of the Clerk 18 of the County of Rensselaer in Book 633 of Deeds at page 400 and running 19 thence southerly along the westerly line of River Street 215.6 feet to a 20 pipe in the most southeasterly corner of Lot No. A7; thence westerly 21 along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to 22 the easterly shore of the Hudson River; thence northerly along the east- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05796-02-9S. 1852 2 1 erly shore of the Hudson River 216 feet more or less to the most south- 2 westerly corner of land heretofore conveyed by the said Harry Goldberg 3 and Norman Goldberg to Arthur E. Collins and another hereinbefore 4 recited; thence along the southerly line of lands heretofore conveyed to 5 said Collins and another easterly 31.75 feet; thence northerly 6.33 6 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence east- 7 erly 150.57 feet to the point or place of beginning. 8 EXCEPTING THEREFROM that portion of the above described premises as 9 were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, 10 Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County 11 Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215, 12 Containing 17,600 square feet of land more or less. 13 BEARINGS refer to the magnetic meridian of 1993. Said premises are 14 also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage 15 and depth 115.60 x 220.00 being the same premises described in Book 6534 16 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being 17 the same premises in the 2009 City of Troy Assessment Rolls and 18 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, 19 ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT)[.]; or 20 (xiii) ALL THAT TRACT OR PARCEL OF LAND, together with building and 21 improvements erected thereon, situate in the City of Buffalo, county of 22 Erie and State of New York, being Lots Nos, 1 to 10 inclusive and Lots 23 Nos. 23 to 32 inclusive, in Block "I", of the Subdivision of a part of 24 Lot 88, Black Rock, Township 11, Range I of the Holland Land Company's 25 Survey, as shown on Cover Map No. 196, filed in the Erie County Clerk's 26 Office, Buffalo, New York and more particularly described as follows: 27 BEGINNING at the intersection of the southerly line of Chandler Street 28 and the easterly line of Manton Place, said point of beginning being 29 also the northwesterly corner of Lot No 1 in the above referred to 30 subdivision, running thence southerly along the easterly line of Manton 31 Place a distance of 280 feet to the northerly line of Grote Street, 32 which point is also the southwesterly corner of Lot No. 23 in the above 33 referred to subdivision; thence easterly along the northerly line of 34 Grote Street, 303.16 feet more or less to the easterly line or Lot No. 35 32 in said subdivision, which point is also the southwesterly corner of 36 lands owned now or formerly by Anthony Young and Caroline Young, his 37 wife; thence northerly along the easterly line of Lots 32 and 10, being 38 also along the westerly line of land now or formerly of Anthony Young 39 and wife and lands of Barcola Manufacturing Company a distance of 280 40 feet, more or less, to the southerly line of Chandler Street, said point 41 being also the northeasterly corner of Lot No. 10 and the northwesterly 42 corner of lands now or formerly of Barcola Manufacturing Company; thence 43 westerly along the southerly side of Chandler Street a distance of 44 306.70 feet more or less to the easterly line of Manton Place, the point 45 and place of beginning, containing 1.96 acres of land, being the same 46 more or less. 47 § 2. Subparagraph (xii) of paragraph (a) of subdivision 13 of section 48 106 of the alcoholic beverage control law, as amended by chapters 453 of 49 the laws of 2018, is amended and a new subparagraph (xiii) is added to 50 read as follows: 51 (xii) all those tracts or parcels of land, situate in the Tenth Ward 52 of the City of Troy, County of Rensselaer and State of New York, known 53 as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A 54 Five (A5) and the southerly portions of Lots Four (4) and A Four (A4), 55 as the same are laid down and described on a certain Map made by Freder- 56 ick W. Orr, dated August 15, 1918, filed in the Office of the Clerk ofS. 1852 3 1 the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises 2 hereby intended to be conveyed are bounded and described as follows: 3 COMMENCING at an iron rod in the westerly side of River Street at the 4 most southeasterly corner of premises heretofore conveyed by Harry Gold- 5 berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated 6 November 8, 1940, recorded November 12, 1940 In the Office of the Clerk 7 of the County of Rensselaer in Book 633 of Deeds at page 400 and running 8 thence southerly along the westerly line of River Street 215.6 feet to a 9 pipe in the most southeasterly corner of Lot No. A7; thence westerly 10 along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to 11 the easterly shore of the Hudson River; thence northerly along the east- 12 erly shore of the Hudson River 216 feet more or less to the most south- 13 westerly corner of land heretofore conveyed by the said Harry Goldberg 14 and Norman Goldberg to Arthur E. Collins and another hereinbefore 15 recited; thence along the southerly line of lands heretofore conveyed to 16 said Collins and another easterly 31.75 feet; thence northerly 6.33 17 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence east- 18 erly 150.57 feet to the point or place of beginning. 19 EXCEPTING THEREFROM that portion of the above described premises as 20 were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, 21 Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County 22 Clerk's Office on June 24, 1993 in Book 1960 of Deeds at Page 215, 23 Containing 17,600 square feet of land more or less. 24 BEARINGS refer to the magnetic meridian of 1993. Said premises are 25 also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage 26 and depth 115.60 x 220.00 being the same premises described in Book 6534 27 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being 28 the same premises in the 2009 City of Troy Assessment Rolls and 29 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, 30 ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT)[.]; or 31 (xiii) on such premises or business located on any of the following 32 fifteen parcels: 33 PARCEL A 34 All that Tract or Parcel of Land, situate in the City of Buffalo, 35 County of Erie and State of New York, being part of Inner Lot No, 200, 36 described as follows: 37 Beginning at a point in the west line of Ellicott Street where said 38 west line is intersected by the southerly line of said Inner Lot No. 39 200, which point is one hundred eighty-nine and six tenths (189.6) feet 40 south of the intersection of said west line of Ellicott Street with the 41 south line of Huron Street: running thence westerly along the south line 42 of said Inner Lot No., 200, one hundred (100) feet: thence northerly 43 parallel with Ellicott Street forty-eight and five hundredths (48.05) 44 feet: thence easterly and at right angles to Ellicott Street eighteen 45 and thirty-six hundredths (18.36) feet: thence southerly one (1) foot 46 more or less to a division line of the northerly wall of building known 47 as No. 338-342 Ellicott Street and southerly wall of building known as 48 No. 346 Ellicott Street: thence easterly and at right angles to Elli- 49 cott Street eighty-one and sixty-four hundredths (81.64) feet to the 50 westerly line of Ellicott Street: thence southerly along the westerly 51 line of Ellicott Street forty-six and seventy-two hundredths (46.72) 52 feet to the point or place of beginning. 53 PARCEL B 54 ALL that tract or parcel of land, situate in the City of Buffalo, 55 County of Erie and State of New York, being part of Lot Number fifty-S. 1852 4 1 seven (57), Township eleven (11) and Range eight (8) of the Holland Land 2 Company's Survey, bounded and described as follows: 3 Beginning at a point in the westerly line of Elmwood Avenue distant 4 one hundred thirty-three (133) feet northerly from its intersection with 5 the northerly line of Hodge Avenue; and running thence westerly at right 6 angles to the westerly line of Elmwood Avenue, one hundred thirteen 7 (113) feet; thence northerly parallel with the said westerly line of 8 Elmwood Avenue, thirty-four (34) feet; thence easterly at right angles 9 to the said westerly line of Elmwood Avenue, one hundred thirteen (113) 10 feet to said westerly line of Elmwood Avenue; and thence southerly along 11 said westerly line of Elmwood Avenue, thirty-four (34) feet to the place 12 of beginning. 13 PARCEL C 14 All that certain plot, piece or parcel of land, with the buildings and 15 improvements thereon erected, situate, lying and being in the City of 16 Buffalo, County of Erie and State of New York, being part of Lot No. 17 fifty-one (51), Township eleven (11), Range eight (8) of the Holland 18 Land Company's Survey, bounded and described as follows: 19 BEGINNING at the intersection of the east line of Delaware Avenue (99 20 feet wide) with the north line of Allen Street (62 feet wide); thence 21 east along the north line of Allen Street, 357.38 feet to the west line 22 of Franklin Street (86 feet wide); thence north along the west line of 23 Franklin Street, 55.07 feet to the south line of lands conveyed to the 24 City of Buffalo Urban Renewal Agency by a deed recorded in the Erie 25 County Clerk's Office in Liber 9394 of Deeds at page 279; thence west 26 along said south line, 17.10 feet to an angle point in said lands; 27 thence continuing west along the south line of said lands, 161.43 feet 28 to the center line of the block between Franklin Street and Delaware 29 Avenue; thence continuing west along the south line of said lands 174.25 30 feet to the east line of Delaware Avenue, thence south along the east 31 line of Delaware Avenue, 97.32 feet to the point of beginning. 32 PARCEL D 33 All that Tract or Parcel of Land, situate in the City of Buffalo, 34 County of Erie and State of New York, being part of Lot No. 48, Township 35 11, Range 8 of the Holland Land Company's Survey, and bounded and 36 described as follows: 37 BEGINNING at a point in the westerly line of Elmwood Avenue at a 38 distance of 384 feet north of the point of intersection of the said line 39 of Elmwood Avenue with the northerly line of Bird Avenue; running thence 40 westerly parallel with Bird Avenue 150 feet; thence northerly parallel 41 with said line of Elmwood Avenue to the southerly line of land hereto- 42 fore conveyed by the Byers Building Company to Guy W. Hinckley and Mari- 43 an Hinckley, his wife, by deed dated September 1, 1918, and recorded in 44 Erie County Clerk's Office in Liber 1368 of Deeds at Page 600, September 45 14, 1918; thence easterly along the southerly line of land so conveyed 46 to said Guy W. Hinckley and Marian Hinckley, his wife, 150 feet to the 47 said line of Elmwood Avenue; and running thence southerly along said 48 line of Elmwood Avenue about 32.24 feet to the point or place of begin- 49 ning. 50 PARCEL E 51 All that certain plot, piece or parcel of land, with the buildings and 52 improvements thereon erected, situate in the Village of Williamsville, 53 Town of Amherst, County of Erie and State of New York, being part of Lot 54 Number one (1), Twelve (12), Range seven (7) of the Holland Land Compa- 55 ny's Survey, bounded and described as follows:S. 1852 5 1 BEGINNING at the point of intersection of the northerly line of Main 2 Street and the easterly line of Furnace Street now known as East Spring 3 Street, thence easterly along said northerly line of Main Street thirty 4 (30) feet thence northerly at right angles thirty (30) feet to the east- 5 erly line of East Spring Street thence southerly along said easterly 6 line of East Spring Street one hundred thirty-two (132) feet to the 7 place of beginning. 8 PARCEL F 9 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND situate, lying and 10 being in the Town of Clarence, County of Erie and State of New York, 11 being part of Lot 12, Section 13, Township 12, Range 6 of the Holland 12 Land Company's Survey and more particularly described as follows: 13 BEGINNING at the southeast corner of Lot 12, Section 13; 14 THENCE north 87 degrees 22 minutes 20 seconds west along the south 15 line of Lot 12, said line being northerly right of way of Main Street, 16 as laid out 99.00 feet in width, 1227.54 feet to a point, said point 17 being the intersection of the south line of Lot 12 and the easterly 18 right of way of Transit Road as shown on Transit Acquisition Map Part 1, 19 S.H. 88, Map 3, Parcel 3; 20 THENCE north 00 degrees 12 minutes 50 seconds east along the easterly 21 right of way of Transit Road, said line also being parallel to and 22 67,000 feet at right angles easterly of the west line of Lot 12, 1202.82 23 feet to a point; 24 THENCE south 89 degrees 47 minutes 10 seconds east along a line, said 25 line being at right angles to the previous course, 1235.48 feet to a 26 point, said point lying on the east line of Lot 12; 27 THENCE south 00 degrees 37 minutes 10 seconds west along the east line 28 of Lot 12, 1254.57 feet to the point or place of beginning. 29 EXCEPTING AND RESERVING from the foregoing that piece or parcel 30 described as follows: 31 BEGINNING at a point in the south line of Lot 12, said point being 32 67.06 feet southeasterly of the southwest corner of Lot 12; 33 THENCE north 00 degrees 12 minutes 50 seconds east along the existing 34 right of way of Transit Road, 200.00 feet to a point; 35 THENCE south 87 degrees 22 minutes 20 seconds east along a line paral- 36 lel to the south line of Lot 12, 200.00 feet to a point; 37 THENCE south 00 degrees 12 minutes 50 seconds west along a line paral- 38 lel to the west line of Lot 12, 200.00 feet to a point, said point being 39 on the south line of Lot 12; 40 THENCE north 87 degrees 22 minutes 20 seconds west along the south 41 line of Lot 12, 200.00 feet to the point or place of beginning. 42 EXCEPTING AND RESERVING that part of the above described premises 43 appropriated by The People of the State of New York for highway purposes 44 by Notice of Appropriation recorded in the Erie County Clerk's Office in 45 Liber 10926 of Deeds at page 8401 and designated as Map No. 107, Parcel 46 No. 107. 47 PARCEL G 48 ALL THAT TRACT OR PARCEL OF LAND, situated in the Town of Clarence, 49 County of Erie and State of New York, being part of Lot No. 12, Section 50 13, Township 12, Range 6 of the Holland Land Company's Survey, bounded 51 and described as follows: 52 COMMENCING at the point of intersection between the easterly boundary 53 line of Transit Road (as a street 100 feet wide) and the southerly line 54 of lands conveyed to Sears, Roebuck and Co. by deed recorded in the Erie 55 County Clerk's Office in Liber 7587 of Deeds at page 264; thence easter- 56 ly along the southerly line of lands so conveyed to Sears, Roebuck andS. 1852 6 1 Co., 555 feet to a point; thence southerly along a course which is at 2 right angles to the last described course, 150 feet to a point, which is 3 the point or place of beginning; thence easterly along a course which is 4 at right angles to the last described course, 286.11 feet to a point; 5 thence northeasterly along a course which is at an interior angle of 6 205° 58', 28.55 feet to a point; thence easterly at an exterior angle of 7 205° 53' and along a line drawn parallel to the southerly line of lands 8 so conveyed to Sears, Roebuck and Co., 45.68 feet to a point; thence 9 southwesterly at an interior angle of 25° 58', 175.14 feet to a point; 10 thence southerly at an exterior angle of 115° 58', 38.99 feet to a 11 point; thence westerly along a course which is at right angles to the 12 last described course, said cource being along a line drawn parallel to 13 the southerly line of lands so conveyed to Sears, Roebuck and Co., 200 14 feet to a point; thence northerly along a course which is at right 15 angles to the last described course, 103.17 feet to the point or place 16 of beginning, containing .58 acre, more or less. 17 PARCEL H 18 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence, 19 County of Erie and State of New York, being part of Lot No. 12, Section 20 13, Township 12, Range 6 of the Holland Land Company's Survey, being 21 more particularly bounded and described as follows: 22 BEGINNING at the intersection of the easterly line of Transit Road, as 23 presently laid out, and the northerly line of lands conveyed to the 24 Atlantic Refining & Marketing Corp., as recorded in the Erie County 25 Clerk's Office under Liber 9519 of Deeds at page 625; Thence northerly 26 along the easterly line of Transit Road a distance of 162.73 feet to an 27 angle point therein; Thence continuing northerly along the easterly line 28 of Transit Road at an exterior angle of 179°00'35" a distance of 177.50 29 feet to a point; Thence easterly along a line at an interior angle of 30 90°00'00" a distance of 274.00 feet to a point; Thence southerly along a 31 line at an interior angle of 90°00'00" a distance of 55.00 feet to a 32 point; Thence southwesterly along a line at an interior angle of 33 157°46'55" a distance of 172.50 feet to a point; Thence southerly along 34 a line at an exterior angle of 158°35'37" a distance of 138.00 feet to a 35 point; Thence westerly along a line at an interior angle of 87°24'24" 36 along the northerly line of said lands conveyed to the Atlantic Refining 37 & Marketing Corp., and its easterly extension a distance of 210.00 feet 38 to the point of beginning, containing 1.87 acres more or less. 39 PARCEL I 40 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence, 41 County of Erie and State of New York, being part of Lot No. 12, Section 42 13, Township 12, Range 6 of the Holland Land Company's Survey, being 43 more particularly bounded and described as follows; 44 COMMENCING at the intersection of the easterly line of Transit Road, 45 as presently laid out, and the southerly line of lands conveyed to Sears 46 Roebuck and Co., as recorded in the Erie County Clerk's Office under 47 Liber 7587 of Deeds at page 264; Thence easterly along the southerly 48 line of said lands conveyed to Sears Roebuck and Co. a distance of 49 598.97 feet to the Point of Beginning; Thence easterly continuing along 50 the southerly line of said lands conveyed to Sears Roebuck and Co. a 51 distance of 387.86 feet to a point; Thence southerly along a line at an 52 interior angle of 90°00'00" a distance of 138.00 feet to a point; Thence 53 westerly along a line at an interior angle of 90°00'00" a distance of 54 174.00 feet to a point; Thence northwesterly along a line at an interior 55 angle of 159°23'23" a distance of 51.14 feet to a point; Thence westerly 56 along a line at an exterior angle of 159°23'23" a distance of 166.00S. 1852 7 1 feet to a point; Thence northerly along a line at an interior angle of 2 90°00'00" a distance of 120.00 feet to the point of beginning, contain- 3 ing 1.14 acres more or less. 4 PARCEL J 5 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence, 6 County of Erie and State of New York, being part of Lot No. 12, Section 7 13, Township 12, Range 6 of the Holland Land Company's Survey, being 8 more particularly bounded and described as follows; 9 BEGINNING at a point in the southeasterly corner of Lot No. 12, 10 Section 13, said point being a point in the northerly line of Main 11 Street (99 feet wide); Thence northerly along the east line of said Lot 12 No. 12, Section 13 a distance of 1254.57 feet to a point in the souther- 13 ly line of lands conveyed to Sears Roebuck and Co. as recorded in the 14 Erie County Clerk's Office under Liber 7587 of Deeds at page 264; Thence 15 westerly along the southerly line of said lands conveyed to Sears 16 Roebuck and Co. at an interior angle of 89°35'15" a distance of 209.58 17 feet to a point; Thence southerly along a line at an interior angle of 18 90°00'00" a distance of 124.54 feet to a point of curvature; Thence 19 southwesterly along a curved line to the right having a radius of 90.00 20 feet an arc distance of 109.23 feet to a point of tangency; Thence 21 southwesterly along a tangent line a distance of 103.99 feet to a point 22 of curvature; Thence southerly along a curved line to the left having a 23 radius of 50.84 feet an arc distance of 62.65 feet to a point of tangen- 24 cy; Thence southerly along a tangent line a distance of 159.23 feet to a 25 point; Thence southeasterly along a line at an interior angle of 26 149°33'11" a distance of 211.02 feet to a point; Thence southeasterly 27 along a line at an exterior angle of 157°25'48" a distance of 157.33 28 feet to a point; Thence southeasterly along a line at an interior angle 29 of 163°12'34" a distance of 113.80 feet to a point; Thence southerly 30 along a line at an exterior angle of 151°38'46" a distance of 183.05 31 feet to a point; Thence southwesterly along a line at an exterior angle 32 of 134°05'32" a distance of 47.82 feet to a point; Thence southerly 33 along a line at an interior angle of 133°52'57" a distance of 138.65 34 feet to a point in the northerly line of said Main Street; Thence east- 35 erly along the northerly line of said Main Street at an interior angle 36 of 90°00'00" a distance of 252.79 feet to the point of beginning, 37 containing 7.93 acres more or less. 38 PARCEL K 39 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence, 40 County of Erie and State of New York, being part of Lot No. 12, Section 41 13, Township 12, Range 6 of the Holland Land Company's Survey, being 42 more particularly bounded and described as follows: 43 BEGINNING at the intersection of the easterly line of Transit Road, as 44 presently laid out, and the northerly line of lands conveyed to the 45 Atlantic Refining & Marketing Corp. as recorded in the Erie County 46 Clerk's Office under Liber 9519 of Deeds at page 625; thence northerly 47 along the easterly line of Transit Road a distance of 162.73 feet to an 48 angle point therein; thence continuing northerly along the easterly line 49 of Transit Road at an exterior angle of 179° 00' 35" a distance of 50 177.50 feet to a point; thence easterly along a line at an interior 51 angle of 90° 00' 00" a distance of 274.00 feet to a point; thence south- 52 erly along a line at an interior angle of 90° 00' 00" a distance of 53 55.00 feet to a point; thence southwesterly along a line at an interior 54 angle of 157°46'55" a distance of 172.50 feet to a point; thence south- 55 erly along a line at an exterior angle of 158° 35' 37" a distance of 56 138.00 feet to a point; thence westerly along a line at an interiorS. 1852 8 1 angle of 87° 24' 24" along the northerly line of said lands conveyed to 2 the Atlantic Refining & Marketing Corp. and its easterly extension a 3 distance of 210.00 feet to the point of beginning. 4 TOGETHER WITH the benefits of a Declaration of Easements made by the 5 Town of Clarence, Erie County, Industrial Development Agency dated 6 August 7, 2007 and recorded August 10, 2007 in Liber 11133 of Deeds at 7 page 338. 8 PARCEL L 9 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence, 10 County of Erie and State of New York, being part of Lot No. 12, Section 11 13, Township 12, Range 6 of the Holland Land Company's Survey, being 12 more particularly bounded and described as follows: 13 COMMENCING at the intersection of the easterly line of Transit Road, 14 as presently laid out, and the southerly line of lands conveyed to Sears 15 Roebuck and Co. as recorded in the Erie County Clerk's Office under 16 Liber 7587 of Deeds at Page 264; thence easterly along the southerly 17 line of said lands conveyed to Sears Roebuck and Co. a distance of 18 598.97 feet to the Point of Beginning ;thence easterly continuing along 19 the southerly line of said lands conveyed to Sears Roebuck and Co. a 20 distance of 387.86 feet to a point; thence southerly along a line at an 21 interior angle of 90° 00' 00" a distance of 138.00 feet to a point; 22 thence westerly along a line at an interior angle of 90° 00' 00" a 23 distance of 174.00 feet to a point; thence northwesterly along a line at 24 an interior angle of 159° 23' 23" a distance of 51.14 feet to a point; 25 thence westerly along a line at an exterior angle of 159° 23' 23" a 26 distance of 166.00 feet to a point; thence northerly along a line at an 27 interior angle of 90° 00' 00" a distance of 120.00 feet to the point of 28 beginning. 29 TOGETHER WITH the benefits of a Declaration of Easements made by the 30 Town of Clarence, Erie County, Industrial Development Agency dated 31 August 7, 2007 and recorded August 10, 2007 in Liber 11133 of Deeds at 32 page 338. 33 PARCEL M 34 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, 35 County of Erie and State of New York, being part of Lot No. 51, Township 36 11, Range 8 of the Holland Land Company's Survey, bounded and described 37 as follows: 38 BEGINNING at a point in the northerly line of Allen Street 39 feet 39 west of the intersection of said northerly line with the westerly line 40 of Park Street; thence westerly along the northerly line of Allen 41 Street, 129 feet to a point; thence northerly at right angles to the 42 northerly line of Allen Street, 130 feet to a point; thence easterly 43 along a line parallel with the northerly line of Allen Street, 59 feet 44 to a point; thence southerly along a line which intersects the northerly 45 line of Allen Street at a right angle 30 feet to a point; thence easter- 46 ly along a line parallel with the northerly line of Allen Street, 70 47 feet to a point; thence southerly in a straight line 100 feet to the 48 point of beginning. 49 PARCEL N 50 The premises which are the subject of this agreement shall be the 51 Delaware Park Casino, also know as the Marcy Casino, and includes the 52 area bounded on the South by the South line of the existing service road 53 providing access to the Casino and Rose Garden, on the West by the East 54 right-of-way line of Lincoln Parkway, on the North by the Southerly edge 55 of the promenade (does not include promenade), and on the East by a line 56 approximately 30 feet East of the East wall of the Casino Structure.S. 1852 9 1 PARCEL O 2 WHEREAS, Subtenant desires to sublease a portion of the Park premises 3 (hereinafter called "Premises or Leased Premises"), commonly known as a 4 part of the first floor of the Museum Building and adjacent exterior 5 space; and 6 The Park hereby agrees to sublease to Subtenant that portion of the 7 first floor of the Museum Building and adjoining outdoor space, together 8 with an area for storage (hereinafter Leased Premises), as described in 9 Exhibit "A" and subject to City Department of Public Works, Parks and 10 Streets (hereinafter called "DPW") approvals as set forth herein. 11 § 3. This act shall take effect immediately.