Bill Text: NY S09021 | 2017-2018 | General Assembly | Amended


Bill Title: Exempts 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 (Democrat 1-0)

Status: (Passed) 2018-12-21 - SIGNED CHAP.453 [S09021 Detail]

Download: New_York-2017-S09021-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9021--A
                    IN SENATE
                                      June 14, 2018
                                       ___________
        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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 (x) of  paragraph  (a)  of  subdivision  1  of
     2  section  101  of the alcoholic beverage control law, as added by chapter
     3  303 of the laws of 2016, is amended to read as follows:
     4    (x) Notwithstanding any other provision of law to  the  contrary,  the
     5  state  liquor authority may issue a license under section fifty-one-a of
     6  this chapter to the owner and/or operator of  the  parcel  described  in
     7  this subparagraph. The legal description for the parcel so identified as
     8  the site is as follows:
     9    ALL  THAT  TRACT  OR  PARCEL  OF LAND situate in the city of Syracuse,
    10  County of Onondaga  and  State  of  New  York  being  more  particularly
    11  described as follows:
    12    Beginning  at  a  point  in the easterly line of North Clinton Street,
    13  said point being approximately 518.65 feet southerly along the  easterly
    14  line  of  North  Clinton Street from its intersection with the southerly
    15  line of Division Street; thence N. 76° 43' 56" E. a distance  of  133.65
    16  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    17  point;  thence  N.  71° 07' 02" E a distance of 16.99 feet to a point in
    18  the westerly line  of  Genant  Drive;  thence  southeasterly  along  the
    19  westerly  line  of Genant Drive on a curve to the right with a radius of
    20  643.94 feet, an arc length of 77.63 feet and a chord of S. 16°  43'  54"
    21  E. with a distance of 77.58' to the point of tangency; thence S. 13° 17'
    22  52"  E.   a distance of 265.92 feet to a point; thence on a curve to the
    23  right with a radius of 55 feet, an arc length of 57.02 feet and a  chord
    24  of  S.    16°  23'  37" W. with a distance of 54.53 feet to the point of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16293-02-8

        S. 9021--A                          2
     1  tangency; thence S. 59° 31' 29" W. a distance of 24.64 feet to a  point;
     2  thence  S.    71° 26' 56" W. a distance of 142.18 feet to a point in the
     3  easterly line of N. Clinton Street; thence N. 28° 09' 10" W. a  distance
     4  of  364.86  feet  to the point and place of beginning. Said parcel being
     5  approximately 1.99 acres. The aforesaid described parcel is  also  shown
     6  as  Lot  "1B"  (331  Genant Drive) according to a map entitled "A Map of
     7  Resubdivision of a portion of Block D in the Original Village  of  Syra-
     8  cuse  into  Lots  1A and 1B, City of Syracuse, Onondaga County, State of
     9  New York, Known as 431 and 311 Genant Drive"  by  James  M.  Zuccolotto,
    10  Licensed  Land  Surveyor,  dated March 20, 2001 and last revised May 21,
    11  2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as
    12  Map No. 9408.
    13    EXCEPTING AND RESERVING THEREFROM, a permanent easement and  right-of-
    14  way  benefiting  Niagara  Mohawk  Power  Corporation, its successors and
    15  assigns, upon and across that portion of the  above  described  premises
    16  more particularly described as follows:
    17    Beginning  at  a  point  in the easterly line of North Clinton Street,
    18  said point being approximately 518.65 feet southerly along the  easterly
    19  line  of  North  Clinton Street from its intersection with the southerly
    20  line of Division Street; thence N. 76° 43' 56" E. a distance  of  133.65
    21  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    22  point;  thence  N.  71° 07' 02" E a distance of 16.99 feet to a point in
    23  the westerly line  of  Genant  Drive;  thence  southeasterly  along  the
    24  westerly  line  of Genant Drive on a curve to the right with a radius of
    25  643.94 feet, an arc length of 68.17 feet to a point which is the  north-
    26  east  corner  of the Multi-Story Brick Building located on Lot "1B" (311
    27  Genant Drive) as shown on a map entitled "A Map of a Resubdivision of  a
    28  portion  Of Block D in the Original Village of Syracuse into Lots 1A and
    29  1B, City of Syracuse, Onondaga County, State of New York, known  as  431
    30  and  311  Genant  Drive" by James M. Zuccolotto, Licensed Land Surveyor,
    31  dated March 20, 2001 and last revised May 21, 2002,  and  filed  in  the
    32  Onondaga  County  Clerk's  Office  on  May 28, 2002 as Map No. 9408 (the
    33  "Subdivision Map"); thence along the northerly line of said  Multi-Story
    34  Brick  Building S. 76° 52' 55" W. a distance 283.21 feet to the easterly
    35  line of North Clinton Street; thence N. 27° 59' 42"  W.  a  distance  of
    36  9.8' to the point and place of beginning. Said easement and right-of-way
    37  shall  be  a  permanent  easement appurtenant, creating a property right
    38  which shall run with the land, for the purpose of ingress and egress  by
    39  Niagara  Mohawk  Power  Corporation,  its  successors and assigns to the
    40  benefited parcel, identified as the Ash Street Substation located on lot
    41  1A (431 Genant Drive) as shown on the Subdivision Map,  and  to  access,
    42  maintain, repair, replace and remove the transformer and containment pad
    43  and  the  two  vaults, shown on the Subdivision Map, and any appurtenant
    44  facilities or other property of Niagara Mohawk Power Corporation located
    45  within said easement, provided  that  the  Multi-Story  Brick  Building,
    46  stairs  and  two air conditioning units shown on the Subdivision Map and
    47  located in the easement area are part  of  the  real  property  conveyed
    48  herein  and  shall  not be deemed to be property of Niagara Mohawk Power
    49  Corporation.
    50    ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation,  its
    51  successors  and  assigns, from the parcel(s) described in this deed, the
    52  permanent right-of-way and easement to operate, maintain, replace and/or
    53  remove any and all existing gas and electric facilities, and all  appur-
    54  tenant  facilities  thereto,  as are now erected upon the premises above
    55  described, including the full right, privileges and authority  to  cross
    56  lands of the party of the second part to gain access to said facilities,

        S. 9021--A                          3
     1  and  also  including the full right, privileges and authority to cut and
     2  remove all trees, structures, and other obstructions within  the  perma-
     3  nent  right-of-way,  together with the right to cut and remove any trees
     4  outside  the permanent right-of-way which in the sole opinion of Niagara
     5  Mohawk Power Corporation, its successors and assigns, are deemed  likely
     6  to  interfere with or pose a hazard to the facilities, provided that the
     7  Multi-Story Brick Building, stairs and two air conditioning units  shown
     8  on  the  Subdivision  Map  shall  not  be removed or modified by Niagara
     9  Mohawk Power Corporation, its successors and assigns, pursuant  to  this
    10  Right-of-Way and Easement.
    11    ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
    12  successors and assigns, the permanent right-of-way and easement to oper-
    13  ate,  maintain, build, construct, replace and/or remove electric and gas
    14  distribution facilities  within  ten  (10)  feet  of  the  edge  of  any
    15  highway(s) abutting the premises herein deemed necessary by said Niagara
    16  Mohawk  Power  Corporation, its successors and assigns, said easement to
    17  include the full right, privilege and authority to cut  and  remove  all
    18  trees,  structures,  and obstructions within said easement deemed neces-
    19  sary by Niagara Mohawk Power Corporation, provided that the  Multi-Story
    20  Brick  Building  shown  on  the  Subdivision Map shall not be removed or
    21  modified  by  Niagara  Mohawk  Power  Corporation,  its  successors  and
    22  assigns, pursuant to this right-of-way and easement[.]; or
    23    § 2. Subparagraph (x) of paragraph (a) of subdivision 1 of section 101
    24  of  the  alcoholic  beverage control law, as added by chapter 318 of the
    25  laws of 2016, is amended and a new subparagraph (xii) is added  to  read
    26  as follows:
    27    [(x)]  (xi)  ALL  that certain plot, piece or parcel of land, situate,
    28  lying and being in the Town of Greenburgh,  County  of  Westchester  and
    29  State of New York, being bounded and described as follows:
    30    BEGINNING at a point on the easterly side of Saw Mill River Road where
    31  the same is intersected by the division line between premises hereinaft-
    32  er  described  and lands now or formerly of One Riverdale Ave.  Develop-
    33  ment Co., Inc., said point being North 11 Degrees  23'  24"  West  22.83
    34  feet from the former North East corner of Saw Mill River Road and Hunter
    35  Lane;
    36    THENCE  along said division line, North 82 Degrees 18' 00" East 647.08
    37  feet to land now or formerly of  One  Riverdale  Ave.  Development  Co.,
    38  Inc.;
    39    THENCE  northerly along same, North 7 Degrees 42' 00" West 351.52 feet
    40  and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of
    41  lands now or formerly of Hodes Daniels;
    42    THENCE westerly along same, South 80 Degrees 34' 00" West 85.00  feet,
    43  South  9  Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West
    44  120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to  the  east
    45  side of Saw Mill River Road;
    46    THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet
    47  and  South  11  Degrees  23' 24" East 431.17 feet to the point of BEGIN-
    48  NING[.]; or
    49    (xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in  the  Tenth
    50  Ward  of  the  City of Troy, County of Rensselaer and State of New York,
    51  known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6),  Five
    52  (5),  A Five (A5) and the southerly portions of Lots Four (4) and A Four
    53  (A4), as the same are laid down and described on a certain Map  made  by
    54  Frederick  W.  Orr,  dated  August  15, 1918, filed in the Office of the
    55  Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said

        S. 9021--A                          4
     1  premises hereby intended to be conveyed are  bounded  and  described  as
     2  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 1690 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).
    31    §  3.  Subdivision 13 of section 106 of the alcoholic beverage control
    32  law, as separately amended by chapter 303 and 318 of the laws  of  2016,
    33  is amended to read as follows:
    34    13. (a) No retail licensee for on-premises consumption shall be inter-
    35  ested,  directly  or indirectly, in any premises where liquors, wines or
    36  beer are manufactured or sold at wholesale, by stock  ownership,  inter-
    37  locking  directors, mortgage or lien on any personal or real property or
    38  by any other means, except that liquors, wines or beer may  be  manufac-
    39  tured  or  sold  wholesale  by  the person licensed as a manufacturer or
    40  wholesaler thereof:
    41    (i) on real property owned by an interstate railroad corporation or  a
    42  United States certificated airline with a retail license for on-premises
    43  consumption[,]; or
    44    (ii)  on  premises or with respect to a business constituting an over-
    45  night lodging and resort facility located wholly within  the  boundaries
    46  of  the  town of North Elba, county of Essex, township eleven, Richard's
    47  survey, great lot numbers two hundred seventy-eight, two hundred  seven-
    48  ty-nine,  two hundred eight, two hundred ninety-eight, two hundred nine-
    49  ty-nine, three hundred, three hundred eighteen, three hundred  nineteen,
    50  three  hundred twenty, three hundred thirty-five and three hundred thir-
    51  ty-six, and township twelve,  Thorn's  survey,  great  lot  numbers  one
    52  hundred  six  and  one hundred thirteen, as shown on the Adirondack map,
    53  compiled by the conservation department of the state of New York - nine-
    54  teen hundred sixty-four edition, in the Essex county atlas at page twen-
    55  ty-seven in the Essex county clerk's office,  Elizabethtown,  New  York,

        S. 9021--A                          5
     1  provided  that  such  facility maintains not less than two hundred fifty
     2  rooms and suites for overnight lodging[,]; or
     3    (iii)  on premises or with respect to the operation of a restaurant in
     4  an office building located in a city having a population of five hundred
     5  thousand or more and in which is located the licensed premises  of  such
     6  manufacturer  or wholesaler, provided that the building, the interior of
     7  the retail premise and the rental therefor fully comply with the  crite-
     8  ria  set  forth  in  paragraph  two  of subdivision three of section one
     9  hundred one of this article[,]; or
    10    (iv) any such premises or business located on that tract or parcel  of
    11  land, or any subdivision thereof, situate in the Village of Lake Placid,
    12  Town  of North Elba, Essex County, New York; it being also a part of Lot
    13  No.  279, Township No. 11, Old  Military  Tract,  Richard's  Survey;  it
    14  being  also all of Lot No. 23 and part of Lot No. 22 as shown and desig-
    15  nated on a certain map entitled "Map of Building Sites for Sale by  B.R.
    16  Brewster"  made by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on
    17  a certain map of lands of Robert  J.  Mahoney  and  wife  made  by  G.C.
    18  Sylvester,  P.E.  & L.S. # 21300, dated August 4, 1964, and filed in the
    19  Essex County Clerk's Office on August 27, 1964,  and  more  particularly
    20  bounded  and  described as follows; BEGINNING at the intersection of the
    21  northerly bounds of  Shore  Drive  (formerly  Mirror  Street)  with  the
    22  westerly  bounds  of  Park  Place (formerly Rider Street) which point is
    23  also the northeast corner of Lot No. 23, from thence South  21°50'  East
    24  in  the  westerly  bounds  of Park Place a distance of 119 feet, more or
    25  less, to a lead plug in the edge of the sidewalk marking  the  southeast
    26  corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
    27  South  68°00'50"  West  a  distance of 50.05 feet to an iron pipe set in
    28  concrete at the corner of Lots 23 and 22; from  thence  South  65°10'50"
    29  West  a  distance  of 7.94 feet along the south line of Lot No. 22 to an
    30  iron pipe for a corner; from thence North 23°21'40" West  and  at  17.84
    31  feet  along  said line passing over a drill hole in a concrete sidewalk,
    32  and at 68.04 feet further along said line passing over an iron  pipe  at
    33  the  southerly  edge of another sidewalk, and at 1.22 feet further along
    34  said line passing over  another  drill  hole  in  a  sidewalk,  a  total
    35  distance of 119 feet, more or less, to the northerly line of Lot No. 22;
    36  from  thence  easterly  in  the  northerly  line of Lot 22 and 23 to the
    37  northeast corner of Lot No. 23 and the point of beginning. Also  includ-
    38  ing the lands to the center of Shore Drive included between the norther-
    39  ly  straight  line continuation of the side lines of the above described
    40  parcel, and to the center of Park  Place,  where  they  abut  the  above
    41  described premises SUBJECT to the use thereof for street purposes. Being
    42  the  same  premises  conveyed  by Morestuff, Inc. to Madeline Sellers by
    43  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    44  July 10, 1992 in Book 1017 of Deeds at Page 318[,]; or
    45    (v) any such premises or business located on  that  certain  piece  or
    46  parcel  of land, or any subdivision thereof, situate, lying and being in
    47  the Town of Plattsburgh, County of Clinton, State of New York and  being
    48  more  particularly bounded and described as follows: Starting at an iron
    49  pipe found in the easterly bounds of the highway known as the Old  Mili-
    50  tary  Turnpike,  said iron pipe being located 910.39 feet southeasterly,
    51  as measured along the easterly bounds of said highway, from the souther-
    52  ly bounds of the  roadway  known  as  Industrial  Parkway  West,  THENCE
    53  running  S  31° 54' 33" E along the easterly bounds of said Old Military
    54  Turnpike Extension, 239.88 feet to a point marking the  beginning  of  a
    55  curve  concave  to the west; thence southerly along said curve, having a
    56  radius of 987.99 feet, 248.12 feet to an iron  pipe  found  marking  the

        S. 9021--A                          6
     1  point  of  beginning  for  the parcel herein being described, said point
     2  also marked the southerly corner of lands of Larry  Garrow,  et  al,  as
     3  described  in Book 938 of Deeds at page 224; thence N 07° 45' 4" E along
     4  the  easterly  bounds  of  said  Garrow, 748.16 feet to a 3"x4" concrete
     5  monument marking the northeasterly corner of said Garrow, the  northwes-
     6  terly corner of the parcel herein being described and said monument also
     7  marking  the  southerly  bounds  of  lands  of  Salerno Plastic Corp. as
     8  described in Book 926 of Deeds at Page 186; thence S 81° 45' 28" E along
     9  a portion of the southerly bounds of said Salerno Plastic Corp.,  441.32
    10  feet to an iron pin found marking the northeasterly corner of the parcel
    11  herein  being  described  and  also  marking the northwest corner of the
    12  remaining lands now or formerly owned by said Marx and Delaura; thence S
    13  07° 45' 40" W along the Westerly bounds of lands now of formerly of said
    14  Marx and DeLaura and along the easterly  bounds  of  the  parcel  herein
    15  being  described,  560.49  feet  to  an iron pin; thence N 83° 43' 21" W
    16  along a portion of the remaining lands of said Marx and  DeLaura,  41.51
    17  feet  to  an  iron  pin;  thence S 08° 31' 30" W, along a portion of the
    18  remaining lands of said Marx and Delaura, 75.01  feet  to  an  iron  pin
    19  marking northeasterly corner of lands currently owned by the Joint Coun-
    20  cil  for Economic Opportunity of Plattsburgh and Clinton County, Inc. as
    21  described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along
    22  a portion of the northerly bounds of said J.C.E.O., 173.50  feet  to  an
    23  iron pin; thence 61° 21' 12" W, continuing along a portion of the north-
    24  erly  bounds  of said J.C.E.O., 134.14 feet to an iron pin; thence S 07°
    25  45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron
    26  pin; thence S 66° 48' 56" W along a portion of the northerly  bounds  of
    27  remaining  lands  of  said Marx and DeLaura, 100.00 feet to an iron pipe
    28  found on the easterly bounds of the aforesaid highway,  said  from  pipe
    29  also  being  located  on a curve concave to the west; thence running and
    30  running northerly along the easterly bounds of the aforesaid highway and
    31  being along said curve, with the curve having a radius of  987.93  feet,
    32  60.00 feet to the point of beginning and containing 6.905 acres of land.
    33  Being  the  same  premises  as conveyed to Ronald Marx and Alice Marx by
    34  deed of CIT Small Business Lending Corp., as agent of the administrator,
    35  U.S. Small Business Administration,  an  agency  of  the  United  States
    36  Government  dated  September  10, 2001 and recorded in the office of the
    37  Clinton County Clerk on September 21, 2001 as Instrument #135020[,]; or
    38    (vi) any such premises or businesses located  on  that  certain  plot,
    39  piece  or parcel of land, situate, lying and being in the Second Ward of
    40  the City of Schenectady, on the Northerly side of Union Street,  bounded
    41  and  described as follows: to wit; Beginning at the Southeasterly corner
    42  of the lands lately owned by Elisha L. Freeman and now by Albert  Shear;
    43  and running from thence Easterly along the line of Union Street, 44 feet
    44  to  the  lands  now owned by or in the possession of James G. Van Vorst;
    45  thence Northerly in a straight line along the last mentioned  lands  and
    46  the lands of the late John Lake, 102 feet to the lands of one Miss Rodg-
    47  ers;  thence Westerly along the line of the last mentioned lands of said
    48  Rodgers to the lands of the said Shear; and thence Southerly  along  the
    49  lands  of  said  Shear  101 feet, 6 inches to Union Street, the place of
    50  beginning.
    51    Also all that tract or parcel of land,  with  the  buildings  thereon,
    52  situate  in the City of Schenectady, County of Schenectady, and State of
    53  New York, situate in the First, formerly the Second  Ward  of  the  said
    54  City,  on  the  Northerly  side  of  Union Street, which was conveyed by
    55  William Meeker and wife to Elisha L. Freeman by deed  dated  the  second
    56  day  of December 1843, and recorded in the Clerk's Office of Schenectady

        S. 9021--A                          7
     1  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
     2  said deed is bounded and described as follows: Beginning at a  point  in
     3  the  Northerly line of Union Street where it is intersected by the East-
     4  erly  line  of  property  numbered  235  Union  Street,  which is hereby
     5  conveyed, and running thence Northerly along the Easterly line  of  said
     6  property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
     7  sixteen (16) feet Southerly from the Southerly line of  the  new  garage
     8  built  upon  land  adjoining on the North; thence Westerly parallel with
     9  said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
    10  One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
    11  of  Union  Street;  thence  Easterly along the Northerly margin of Union
    12  Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
    13  place of beginning.
    14    The  two  above  parcels  are  together more particularly described as
    15  follows:
    16    All that parcel of land in the City  of  Schenectady  beginning  at  a
    17  point  in  the  northerly  margin  of  Union Street at the southwesterly
    18  corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
    19  which  point  is  about  60  feet westerly of the westerly line of North
    20  College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the
    21  southeasterly  corner  of  other lands now or formerly of Friedman (Deed
    22  Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet  to  the
    23  southwesterly  corner  of  lands  now or formerly of Stockade Associates
    24  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
    25  lands now or formerly at McCarthy (Deed Book 1129 at page  281);  thence
    26  along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
    27  corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
    28  thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence
    29  still  along  lands  of  SONYMA and lands now or formerly of Magee (Deed
    30  Book 399 at page 165) S. 86 deg. 11' 52" E.  42.57  feet  to  a  corner;
    31  thence  still  along  lands  of  Magee and Lands of Friedman first above
    32  mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
    33    Excepting and reserving all that portion of  the  above  parcel  lying
    34  easterly of a line described as follows:
    35    All  that tract or parcel of land, situated in the City of Schenectady
    36  and County of Schenectady and State of New York, on the  Northerly  side
    37  of Union Street bounded and described as follows:
    38    Beginning at a point in the northerly line of Union Street, said point
    39  being  in  the  division  line between lands now or formerly of Electric
    40  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    41  formerly of Margaret Wexler and Donna Lee Wexler Pavlovic,  as  trustees
    42  under  Will  of  Ruth  F. Wexler (Street number 241 Union Street) on the
    43  East; thence North 03 deg. 04' 10" East, along  the  building  known  as
    44  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    45  North  88  deg.  45'  45"  West, along said building and building eve, a
    46  distance of 5.62 feet to a point; thence North 03  deg.  03'  30"  East,
    47  along  said  building  eve of Street No. 241 Union Street, a distance of
    48  32.74 feet; thence South 88 deg. 45' 45" East, along said building  eve,
    49  a  distance  of 1.2 feet to an intersection of building corner of Street
    50  No. 241 Union Street and a brick wall; thence  north  03  deg.  37'  30"
    51  East,  along said brick wall, a distance of 14.47 feet to a point in the
    52  corner of the brick wall, thence South 86 deg. 46' 45" East  along  said
    53  brick  wall  a  distance  of 4.42 feet to the intersection of brick wall
    54  with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)
    55  on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
    56  (aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of

        S. 9021--A                          8
     1  0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
     2  and Donna Lee Wexler Pavlovic.
     3    Also  all  that  tract  or  parcel of land commonly known as the Union
     4  Street School, located on the Northeasterly corner of  Union  and  North
     5  College  Streets in the First Ward of the City and County of Schenectady
     6  and State of New  York,  more  particularly  bounded  and  described  as
     7  follows:    Beginning  at  a point in the Northerly street line of Union
     8  Street where it is intersected by the  Easterly  street  line  of  North
     9  College Street, and runs thence Northerly along the Easterly street line
    10  of  North College Street, one hundred seven and five-tenths (107.5) feet
    11  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    12  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    13  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    14  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    15  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
    16  Northerly street line of Union Street; thence Westerly along the  North-
    17  erly street line of Union Street, one hundred twenty-four and fifty-five
    18  hundredths (124.55) feet to the point or place of beginning.
    19    The  above  described parcel of property includes the Blue Line parcel
    20  of land, which is a portion of the abandoned Erie Canal  Lands,  located
    21  in  the  First Ward of the City of Schenectady, New York, and which Blue
    22  Line parcel lies between the Northwesterly line of Erie Boulevard as set
    23  forth in the above described premises and the Northeasterly lot line  of
    24  the  old  Union Street School as it runs parallel with the Northwesterly
    25  line of Erie Boulevard as aforesaid.
    26    The two above parcels are  together  more  particularly  described  as
    27  follows: All that parcel of land in the City of Schenectady beginning at
    28  a  point  in  the northerly margin of Union Street and the northwesterly
    29  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
    30  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
    31  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
    32  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    33  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
    34  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
    35  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
    36  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
    37  ning[,];
    38    (vii) any such premises or businesses located on that tract or  parcel
    39  of  land  situate  in the Town of Hopewell, Ontario County, State of New
    40  York, bounded and described as follows: Commencing at a 5/8" rebar found
    41  on the division line between lands now or formerly of Ontario  County  -
    42  Finger  Lakes  Community  College  (Liber 698 of Deeds, Page 466) on the
    43  north and lands now or formerly of James W. Baird (Liber 768  of  Deeds,
    44  Page  1109)  on the south; thence, North 43°-33'-40" West, on said divi-
    45  sion line, a distance of 77.32 feet to the Point of Beginning.   Thence,
    46  North  43°-33'-40"  West,  continuing  on said division line and through
    47  said lands of Ontario County, a distance of 520.45 feet to  a  point  on
    48  the  southeasterly  edge  of  an  existing  concrete  pad; thence, South
    49  74°-19'-53" West, along said edge of concrete and the projection  there-
    50  of,  a  distance of 198.78 feet to a point on the easterly edge of pave-
    51  ment of an existing campus drive; thence, the following two (2)  courses
    52  and  distances  along said edge of pavement: Northeasterly on a curve to
    53  the left having a radius of 2221.65  feet,  a  chord  bearing  of  North
    54  30°-16'-39"  East,  a  chord  distance  of  280.79,  a  central angle of
    55  07°-14'-47", a length of 280.98 feet to a point  of  reverse  curvature;
    56  thence,  Northeasterly on a curve to the right having a radius of 843.42

        S. 9021--A                          9
     1  feet, a chord bearing of North 45°-25'-09" East,  a  chord  distance  of
     2  534.08,  a  central  angle  of 36°-55'-01", a length of 543.43 feet to a
     3  point; thence, South 30°-04'-59" East, a distance of 18.28 feet  to  the
     4  corner  of  the property acquired by Ontario County (Liber 766 of Deeds,
     5  Page 1112), as shown on a map recorded in  the  Ontario  County  Clerk's
     6  Office  as  Map  No.  6313;  thence,  the following four (4) courses and
     7  distances along said property line: South 30°-04'-59" East,  a  distance
     8  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
     9  147.53  feet  to  a point; thence, South 41°-31'-35" East, a distance of
    10  200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
    11  erty line, and the projection thereof, through the first said  lands  of
    12  Ontario  County  -  Finger  Lakes Community College (Liber 698 of Deeds,
    13  Page 466), a distance of 517.96 feet to Point of Beginning. Said  parcel
    14  containing  7.834  acres,  more  or  less,  as  shown  on a map entitled
    15  "Proposed Lease Area - Friends  of  the  Finger  Lakes  Performing  Arts
    16  Center,  Hopewell,  NY", prepared by Bergmann Associates, drawing LM-01,
    17  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
    18  erties are shown on the Map denominated  "FLCC  Campus  Property,  FLPAC
    19  Ground  Lease,  Parking, Vehicular & Pedestrian Access", recorded in the
    20  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
    21  at page 9 and are comprised of the areas separately labeled  as  Parking
    22  Lot  'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the
    23  Entry Roads;
    24    (viii) any such premises or businesses located  on  all  that  certain
    25  piece or parcel of land situate in the City of Syracuse, County of Onon-
    26  daga,  State  of  New  York,  lying  generally Northwesterly of the West
    27  Hiawatha Boulevard, and generally Northeasterly of the  New  York  State
    28  Barge  Canal,  being  a  portion  of Lot 11I and Lot 11J of the Carousel
    29  Center Subdivision as shown on a  resubdivision  plan  of  the  Carousel
    30  Center  Subdivision filed as Map No. 8743 in the Onondaga County Clerk's
    31  Office, and as of May 20, 2014 identified  as  space  L323  in  a  lease
    32  between the liquor license applicant and property owner and on the third
    33  level  of  the  shopping center thereon, such shopping center land being
    34  more particularly bounded and described as follows:
    35    BEGINNING at the point  of  the  intersection  of  the  division  line
    36  between  the  Northeasterly  boundary of the New York State Barge Canal,
    37  Syracuse Terminal designated as "Parcel No. T-111" on the Southwest  and
    38  Lot  11I  of  the  Carousel Center Subdivision on the Northeast with the
    39  Northwesterly boundary of West Hiawatha Boulevard; thence North 50  deg.
    40  26 min. 28 sec. West, along said division line, 690.72 feet; to a point;
    41  thence  through  Lot 11I and 11J of said subdivision the following thir-
    42  ty-five (35) courses and distances:
    43    1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;
    44    2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;
    45    3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;
    46    4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;
    47    5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;
    48    6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;
    49    7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;
    50    8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;
    51    9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;
    52    10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;
    53    11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;
    54    12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;
    55    13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;
    56    14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;

        S. 9021--A                         10
     1    15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;
     2    16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;
     3    17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;
     4    18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;
     5    19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;
     6    20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;
     7    21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;
     8    22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;
     9    23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;
    10    24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;
    11    25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;
    12    26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;
    13    27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;
    14    28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;
    15    29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;
    16    30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;
    17    31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;
    18    32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;
    19    33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;
    20    34)  Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point;
    21  and
    22    35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to  a  point
    23  on  the  westerly right of way line of Interstate Route 81, Thence along
    24  the westerly and southwesterly right of way line of Interstate Route 81,
    25  in a generally southeasterly direction, the following seven (7)  courses
    26  and distances:
    27    1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;
    28    2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;
    29    3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;
    30    4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;
    31    5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;
    32    6)  Thence  South  42 deg. 27 min. 42 sec. East 58.65 feet to a point;
    33  and
    34    7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its  inter-
    35  section  with  lands appropriated by the People of the State of New York
    36  described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686  and
    37  Book 5274 of Deeds at Page 836; Thence along the bounds of said Map 1401
    38  Parcel 1831 the following fifteen (15) courses and distances:
    39    1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence
    40    2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence
    41    3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence
    42    4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence
    43    5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence
    44    6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence
    45    7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence
    46    8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence
    47    9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence
    48    10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence
    49    11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence
    50    12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence
    51    13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence
    52    14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and
    53    15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with
    54  the  northerly  bounds  of  Map  1402 Parcel 1836 of said appropriation;
    55  Thence along the bounds of Map 1402 Parcel 1836  as  described  in  Book

        S. 9021--A                         11
     1  5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the follow-
     2  ing three (3) courses and distances:
     3    1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence
     4    2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and
     5    3)  North  07 deg. 40 min. 37 sec. East 70.35 feet to its intersection
     6  with the bounds of the  hereinabove  described  Map  1401  Parcel  1831;
     7  Thence  along  the bounds of said Map 1401 Parcel 1831 the following ten
     8  (10) courses and distances:
     9    1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence
    10    2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence
    11    3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence
    12    4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence
    13    5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence
    14    6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence
    15    7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence
    16    8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence
    17    9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and
    18    10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its  intersection
    19  with  the  division  line between Lot 11J on the Northwest and the lands
    20  now or formerly of Woodstead Enterprises Co. as described in  Book  3530
    21  of  Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown
    22  and Oswego Railroad Company via Letters Patent,  Book  292,  Page  264);
    23  thence  South  28 deg. 12 min. 27 sec. West along said division line and
    24  along the Northwesterly boundary of West  Hiawatha  Boulevard  in  part,
    25  36.93  feet  to its point of intersection with Northeasterly boundary of
    26  West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along
    27  said Northeasterly boundary 158.30 feet to  its  point  of  intersection
    28  with  the Northwesterly boundary of said West Hiawatha Boulevard; thence
    29  West along said Northwesterly boundary the following three (3)  courses:
    30  1)  South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2)
    31  South 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and  3)  South
    32  23  deg.  40  min. 55 sec. West 220.04 feet to its point of intersection
    33  with Southwesterly boundary of West Hiawatha Boulevard; thence South  49
    34  deg.  30  min. 46 sec. East along said Southwesterly boundary, 0.30 feet
    35  to its point  of  intersection  with  the  first  hereinabove  described
    36  Northwesterly  boundary of West Hiawatha Boulevard; thence South 40 deg.
    37  26 min. 20 sec. West, along said Northwesterly boundary, 98.08  feet  to
    38  its  point of intersection with the division line between Lot 11J on the
    39  Northeast and Lot 11H of the Carousel Center Subdivision on  the  South-
    40  west;  thence  North  50  deg. 25 min. 12 sec. West, along said division
    41  line, 147.85 feet to the Northwest corner of Lot 11H;  thence  South  40
    42  deg.  26  min.  20  sec. West 217.47 feet to the Southwest corner of lot
    43  11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a point on
    44  the first hereinabove described Northwesterly boundary of West  Hiawatha
    45  Boulevard;  thence  along  said  Northwesterly boundary of West Hiawatha
    46  Boulevard the following two (2) courses: 1) South 40  deg.  26  min.  20
    47  sec.  West  17.66  feet to a point; and 2) South 43 deg. 01 min. 50 sec.
    48  West 468.25 feet to the point of beginning.
    49    Excepting the following piece or parcel of land  appropriated  by  the
    50  People  of  the  State  of New York described as Map 1401 Parcel 1832 in
    51  Book 5256 of Deeds at Page 686 and Book  5274  of  Deeds  at  Page  836:
    52  Commencing  at  the  southwest corner of herein above described Map 1402
    53  Parcel 1836 said point having a proceeding course of South  07  deg.  40
    54  min.  17  sec.  West  70.35  feet  in the premises describe hereinabove;
    55  thence North 13 deg. 18 min. 48 sec. West 138.17 feet to  the  southeast

        S. 9021--A                         12
     1  corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401
     2  Parcel 1832 the following four (4) courses and distances:
     3    1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence
     4    2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence
     5    3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and
     6    4)  South  07  deg.  53  min. 54 sec. West 353.36 feet to the point of
     7  beginning; or such premises or  businesses  located  on  that  tract  or
     8  parcel of land situate lying and being in the Town of Oneonta, County of
     9  Otsego  and  State  of New York and being a portion of Otsego County Tax
    10  Map Department Parcel Number 287.00-1-33 and bounded  and  described  as
    11  follows:  Beginning at a point 2.12 feet off the northeasterly corner of
    12  a one story building on the lands, now or formerly, of Abner  Doubleday,
    13  LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Bren-
    14  da Patton, which point lies N 87°55'13" W a distance of 149.37' from the
    15  northeast corner of the Patton lands; thence N 74°30'18" W a distance of
    16  51.50 feet to a point; thence S 15°29'42" W a distance of 2.00 feet to a
    17  point;  thence N 74°30'18" W a distance of 14.00 feet to a point; thence
    18  S 15°29'42" W a distance of 19.20 feet to a point; thence S 74°30'18"  E
    19  a  distance of 14.20 feet to a point; thence S 15°29'42" W a distance of
    20  4.20 feet; thence S 74°30'18" E a distance of 51.30  feet  to  a  point;
    21  thence  N  15°29'42"  E a distance of 25.40 feet to a point to the point
    22  and place of beginning; or
    23    (ix) on premises or with respect to a business constituting the  over-
    24  night  lodging  facility  located  wholly  within the boundaries of that
    25  tract or parcel of land situated in the borough of Manhattan,  city  and
    26  county  of  New York, beginning at a point on the northerly side of west
    27  fifty-fourth street at a point one hundred feet easterly from the inter-
    28  section of the said northerly side of west fifty-fourth street  and  the
    29  easterly  side  of seventh avenue; running thence northerly and parallel
    30  with the easterly side of seventh avenue one hundred feet five inches to
    31  the center line of the block; running thence easterly and parallel  with
    32  the northerly side of west fifty-fourth street and along the center line
    33  of  the block fifty feet to a point; running thence northerly and paral-
    34  lel with the easterly side of seventh avenue one hundred feet five inch-
    35  es to the southerly side of west fifty-fifth street at a  point  distant
    36  one hundred fifty feet easterly from the intersection of the said south-
    37  erly  side  of  west fifty-fifth street and the easterly side of seventh
    38  avenue; running thence easterly along the southerly side of west  fifty-
    39  fifth  street  thirty-one  feet  three inches to a point; running thence
    40  southerly and parallel with the easterly side of the seventh avenue  one
    41  hundred feet five inches to the center line of the block; running thence
    42  easterly along the center line of the block and parallel with the south-
    43  erly  side  of west fifty-fifth street, one hundred feet; running thence
    44  northerly and parallel with the easterly  side  of  seventh  avenue  one
    45  hundred  feet  five  inches  to  the  southerly side of west fifty-fifth
    46  street; running thence easterly along the southerly side of west  fifty-
    47  fifth street twenty-one feet ten and one-half inches to a point; running
    48  thence  southerly  and parallel with the easterly side of seventh avenue
    49  one hundred feet five inches to the center line of  the  block;  running
    50  thence westerly along the center line of the block and parallel with the
    51  northerly  side  of west fifty-fourth street three feet one and one-half
    52  inches; running thence southerly and parallel with the easterly side  of
    53  seventh  avenue  one  hundred  feet five inches to the northerly side of
    54  west fifty-fourth street at a point distant three hundred feet  easterly
    55  from  the  intersection  of the said northerly side of west fifty-fourth
    56  street and the easterly side of seventh avenue; running thence  westerly

        S. 9021--A                         13
     1  and  along  the  northerly  side of west fifty-fourth street two hundred
     2  feet to the point or place of beginning,  provided  that  such  facility
     3  maintains  not  less  than four hundred guest rooms and suites for over-
     4  night lodging; or
     5    (x)  on such premises or business located on any of the following four
     6  parcels:
     7    Parcel A
     8    any such premises or business constituting the overnight  lodging  and
     9  resort  facility  located wholly within the boundaries of the Village of
    10  Altmar, County of Oswego, Great Lot 19 beginning at a point  on  center-
    11  line  of  Pulaski  Street  at  its  intersection  with the division line
    12  between the lands now or formerly of Altmar Parish Williamstown  Central
    13  School  District (APW CSD) as described in Book 378 of Deeds at Page 118
    14  on the northwest  and  the  lands  now  or  formerly  of  Tostanoski  as
    15  described  in  Book  1356  of  Deeds at Page 55 on the southeast; Thence
    16  along said centerline the following two (2) courses: 1) North 37 deg. 35
    17  min. 00 sec. West, a distance of 803.88 ft. to a point and 2). North  45
    18  deg.  48 min. 13 sec. West, a distance of 132.33 ft. to its intersection
    19  with the division line between the said lands of APW CSD on  the  south-
    20  east  and  the lands now or formerly of Hayward as described in Book 894
    21  of Deeds at Page 211 & Doc. #2006-9318 on the northwest; Thence North 23
    22  deg. 48 min. 43 sec. East along said division, a distance of 131.66  ft.
    23  to its intersection with the division line between the said lands of APW
    24  CSD  on  the  north  and  the said lands of Hayward on the south; Thence
    25  South 73 deg. 16 min. 17 sec. West  along  the  said  division  line,  a
    26  distance  of  131.66  ft.  to  its  intersection  with the division line
    27  between the said lands of APW CSD and  the  lands  now  or  formerly  of
    28  National  Grid  as  described  in  Book 282 of Deeds at Page 552; Thence
    29  along said division line to the following six (6) courses: 1)  North  23
    30  deg.  43  min. 38 sec. East, a distance of 158.73 ft. to a point; thence
    31  2) North 83 deg. 39 min. 24 sec. West, a distance of  190.48  ft.  to  a
    32  point; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15
    33  ft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance
    34  of 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a
    35  distance  of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec.
    36  East, a distance of +/- 522 ft. to its intersection with the  center  of
    37  Salmon  River;  Thence  upstream  along  said center, and in a generally
    38  southerly direction, a distance of +/- 1,455  ft.  to  its  intersection
    39  with  the  division line between the said lands of APW CSD on the north-
    40  west and the lands now or formerly of Bennett as described in  Book  927
    41  of  Deeds  at Page 65 on the southeast; Thence South 52 deg. 19 min.  00
    42  sec. West along said division line, a distance  of  +/-  170  ft.  to  a
    43  point;  Thence South 52 deg. 19 min. 00 sec. West, continuing along said
    44  division line, a distance of 400.00 ft. to  its  intersection  with  the
    45  centerline  of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West
    46  along said centerline, a distance of 53.65 ft. to its intersection  with
    47  the division line between the said lands of APW CSD on the southeast and
    48  the  lands  now or formerly of Pfluger as described in Book 922 of Deeds
    49  at Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec.  East
    50  along  said  division line, a distance of 330.00 ft. to its intersection
    51  with the division line between the said lands of APW CSD on  the  north-
    52  east and the said lands of Pfluger, the lands now or formerly of Endsley
    53  as  described  in Book 1520 of Deeds at page 5, and the hereinabove said
    54  lands of Tostanoski, in part by each, on the southwest; Thence North  37
    55  deg. 35 min. 00 sec. West along said division line, a distance of 247.50
    56  ft. to its intersection with the division line between the said lands of

        S. 9021--A                         14
     1  APW  CSD on the northwest and the said lands of Tostanoski on the south-
     2  east; Thence South 52 deg. 25 min. 000 sec.  West  along  said  division
     3  line, a distance of 330.00 ft. to the POINT OF BEGINNING; or
     4    Parcel B
     5    any  such  premises or business constituting the overnight lodging and
     6  resort facility located wholly within the boundaries of  that  tract  or
     7  parcel  of  land situate in the city of Syracuse, County of Onondaga and
     8  State of New York, being part of Block 366 in said City and more partic-
     9  ularly bounded and described as follows: beginning at  a  point  at  the
    10  intersection  of  the  southerly  line  of  East Genesee Street with the
    11  westerly line of University Avenue; running thence: South  00°  30'  30"
    12  West, along said Westerly line of University Avenue, a distance of 75.16
    13  feet  to  a  point therein; Thence North 89° 49' 00" West, a distance of
    14  140.00 feet to a point; thence South 00° 30' 30"  West,  a  distance  of
    15  271.55  feet  to  a  point; Thence North 89° 49' 00" West, a distance of
    16  103.01 feet to a point; Thence South 00° 11' 00"  West,  a  distance  of
    17  132.00  feet  to a point in the northerly line of Madison Street; Thence
    18  North 89° 49' 0" West along said northerly line, a  distance  of  141.36
    19  feet to a point; Thence North 00° 25' 10" East, a distance of 50 feet to
    20  a  point in the westerly line of Farm Lot 200 of the Salt Springs Reser-
    21  vation; Thence North 03° 26'  10"  West  along  said  westerly  line,  a
    22  distance of 415.12 feet to a point in the southerly line of East Genesee
    23  Street;  Thence  North  88°  11'  00" East, along said southerly line, a
    24  distance of 412.50 feet to the point of beginning. The premises are also
    25  described as follows: All that tract or parcel of land, situate  in  the
    26  City  of Syracuse, County of Onondaga and State of New York, being known
    27  as new Lot 1A as is more particularly shown on a  Resubdivision  Map  of
    28  Part of Block 366 made by Christopherson Land Surveying and filed in the
    29  Onondaga County Clerk's Office October 8, 2002 as Map No. 9498; or
    30    Parcel C
    31    any  such  premises or business constituting the overnight lodging and
    32  resort facility located wholly within the boundaries of all  that  tract
    33  or  parcel  of  land situate in the city of Syracuse, County of Onondaga
    34  and State of New York, being a part of Lots 200 and 201, Lots 2, 6,  and
    35  7,  Block  368  in  the  City of Syracuse and being further described as
    36  follows: Beginning at a drill hole set at the intersection of the  east-
    37  erly  street  margin  of  South  Crouse  Avenue and the southerly street
    38  margin of Harrison Street; Thence S. 89° 51' 36" E. (S  89°  49'  40"  E
    39  measured),  along  the  southerly  street  margin  of Harrison Street, a
    40  distance of 395.30 feet to a capped iron rod set at the westerly line of
    41  a parcel of land conveyed to Syracuse University; Thence S. 00° 28'  34"
    42  W.  (S 00° 30' 30" W measured), along the westerly line of those parcels
    43  of land conveyed to Syracuse University, a distance of 132.00 feet to  a
    44  capped  iron  rod  set;  Thence N. 89° 51' 36" W. (N 89° 49' 40" W meas-
    45  ured), along the northerly line of a parcel of land conveyed to Syracuse
    46  University, a distance of 132.00 feet to a capped iron rod  set;  Thence
    47  N.  89°  51' 36" W. (N 89° 49' 40" W measured), along the northerly line
    48  of a parcel of land conveyed to Syracuse University, a distance of 66.00
    49  feet to a capped iron rod set; Thence S. 00° 28' 34" W. (S 00° 30' 30" W
    50  measured), along the westerly line of that Syracuse University Property,
    51  a distance of 71.25 feet to a capped iron rod set; Thence N 89° 55'  36"
    52  W.  (89° 53' 39" W measured), a distance of 130.40 feet to a capped iron
    53  rod set at the easterly line of that parcel of land conveyed  to  Crouse
    54  Health  Systems,  Inc.  by  deed recorded in the Onondaga County Clerk's
    55  Office in Liber 4800 at Page 730; Thence N. 03° 44' 23" W. (03° 42'  26"
    56  W  measured),  along the easterly line of the Crouse Health System, Inc.

        S. 9021--A                         15
     1  property, a distance of 37.99 feet to a magnetic nail set at the  north-
     2  east  corner of the aforementioned Crouse Health System, Inc.; Thence N.
     3  89° 51' 36' W. (N 89° 49' 40" W measured), along the northerly  line  of
     4  the  Crouse Health System, Inc. Property, a distance of 195.85 feet to a
     5  capped iron rod set at  the  easterly  street  margin  of  South  Crouse
     6  Avenue;  Thence  N. 00° 23' 14" E. (N 00° 25' 10" E measured), along the
     7  easterly street margin of South Crouse Avenue, a distance of 165.50 feet
     8  to the point of beginning. Together with all the right, title and inter-
     9  est in and to strops and gores of land, if any, adjoining or adjacent to
    10  said premises and to the lands lying in the bed of any street, road land
    11  or right of way, as they now exist, or formerly existed in, in front of,
    12  or adjoining the premises above described or  used  in  connection  with
    13  said  above  described  premises.  Containing 1.55 acres of land more or
    14  less. It being the intent of this survey description to  describe  those
    15  parcels  of  land  conveyed  by Temple Adath Yeshurun, also known as the
    16  Congregation Adath Yeshurun, to the Syracuse Urban Renewal Agency, by  a
    17  Warranty  Deed  dated  September 21, 1972, that was duly recorded in the
    18  Onondaga County Clerk's Office on October 10, 1972 in Deed Book 2486  at
    19  Page  1137.  Being  a  portion of the premises conveyed at Hotel Skylar,
    20  LLC, f/k/a 908 Harrison St., LLC,  by  deed  dated  June  5,  2007,  and
    21  recorded  in the Onondaga County Clerk's Office on June 14, 2007 in Deed
    22  Book 04998 at Page 0795 (Instrument: 0687909); or
    23    Parcel D
    24    any such premises or business constituting the overnight  lodging  and
    25  resort  facility  located wholly within the boundaries of all that tract
    26  or parcel of land situate in the city of Syracuse, County  of  Onondaga,
    27  being part of Lots 13, 14 and 15 of Block 233 in said City, more partic-
    28  ularly  bounded  and  described  as follows: beginning at a point in the
    29  northerly line of East Genesee Street, a distance of 232.5 feet  easter-
    30  ly, measured along said northerly line, from the easterly line of Almond
    31  Street;  Running  thence  the following 8 courses and distances:  (1.) S
    32  89° 30' 50"E, along said  northerly  line  of  East  Genesee  Street,  a
    33  distance  of  109.5  feet; (2.) N 00° 20' E, parallel with said easterly
    34  line of Almond Street, a distance of 158.69 feet to the  southerly  line
    35  of  Orange  Alley;  (3.)  N  89° 30' 50" W, along said southerly line of
    36  Orange Alley, a distance of 66 feet to a point; (4.) N 00° 20' E, paral-
    37  lel with said easterly line of Almond Street, 20 feet to  the  northerly
    38  line of Orange Alley; (5.) N 89° 30' 50" W, along said northerly line of
    39  Orange Alley, a distance of 9 feet; (6.) S 00° 20' W, parallel with said
    40  easterly line of Almond Street, a distance of 13.5 feet to a point; (7.)
    41  N  89°  30'  50"  W,  parallel with the aforesaid northerly line of East
    42  Genesee Street, a distance of 3 feet to a point; and, (8.) S 00° 20'  W,
    43  parallel  with said easterly line of Almond Street, a distance of 165.19
    44  feet to the point of beginning, containing 17,781+/-  sq.  ft.  (0.41+/-
    45  Acres  of  Land) and; Parcel II (#716-718 East Fayette Street), All that
    46  tract or parcel of land situate in the City of Syracuse, County of Onon-
    47  daga and State of New York, being Lot 3 and part of  lots  4  and  9  of
    48  Block  233  beginning  in  the  southerly line of East Fayette Street, a
    49  distance of 132 feet westerly, measured along said southerly line,  from
    50  the  westerly  line  of  Forman  Avenue;  Running thence the following 4
    51  courses and distances: (1.) N 89° 30' 50" W, along said  southerly  line
    52  of  East  Fayette  Street,  a distance of 97 feet; (2.) S 00° 20' 20" W,
    53  parallel with said westerly line of Forman Avenue, a distance of  178.69
    54  feet  to the northerly line of Orange Alley; (3.) S 89° 30' 50" E, along
    55  said northerly line of Orange Alley, a distance of 97 feet to  a  point;

        S. 9021--A                         16
     1  and,  (4.)  N  00° 20' 10" E, parallel with said westerly line of Forman
     2  Avenue, a distance of 178.69 feet to the point of beginning; or
     3    (xi)  with  respect  to  any  premises or business located on all that
     4  certain parcel of land situate in the City of Peekskill, County of West-
     5  chester and State of New York, that is a portion of Parcel I  as  it  is
     6  shown on that certain map entitled, "Survey .. at Charles Point.." which
     7  was  filed  in the Westchester County Clerk's Office on October 23, 1980
     8  as Map No. 20407 that is bounded and described as follows:
     9    BEGINNING at a point on the easterly shoreline of the Hudson River and
    10  within the bounds of the said Parcel I as it is shown on the said  Filed
    11  Map No. 20407, which point occupies coordinate position:
    12    North 464418.83 (y)
    13    East 607401.00 (x)
    14    of  the New York State Coordinate System, East Zone and which point is
    15  distant, the following courses from the southerly corner of  the  Parcel
    16  shown on Map No. 20407 that occupies coordinate position
    17    North 463520.804 (y)
    18    East 608470.681 (x)
    19    of the aforesaid New York State Coordinate System, East Zone:
    20    North 47 degrees 30' 36" West 856.60 feet,
    21    North 77 degrees 10' 53" West 488.18 feet,
    22    North 41 degrees 17' 53" West 113.32 feet and
    23    North 41 degrees 50' 16" East 169.08 feet;
    24    THENCE from the said point of beginning along the said easterly shore-
    25  line (high water mark) of the east bank of the Hudson River:
    26    Due North 16.17 feet,
    27    North 53 degrees 58' 22" West 13.60 feet,
    28    North 73 degrees 04' 21" West 24.04 feet,
    29    North 63 degrees 26' 06" West 22.36 feet,
    30    North 82 degrees 18' 14" West 37.34 feet,
    31    North 64 degrees 47' 56" West 37.58 feet,
    32    South 82 degrees 52' 30" West 16.12 feet,
    33    North 61 degrees 41' 57" West 14.76 feet and
    34    South 21 degrees 48' 05" West 9.71 feet;
    35    THENCE  leaving  the high water mark and running across a peninsula of
    36  land and along the division line between Parcel I and Parcel II as shown
    37  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
    38  another point on the said easterly shoreline (high water  mark)  of  the
    39  East Bank of the Hudson River;
    40    THENCE  northerly along the said high water mark, the following cours-
    41  es:
    42    North 3 degrees 00' 46" West 17.54 feet,
    43    North 13 degrees 45' 39" West 50.45 feet,
    44    North 10 degrees 49' 23" West 69.23 feet,
    45    North 0 degrees 47' 22" West 52.48 feet to a point which is the  point
    46  of  beginning  of the hereinafter described 40 foot easement which point
    47  occupies coordinate position
    48    North 464676.48 (y)
    49    East 607189.28 (x)
    50    of the New York State Coordinate System, East Zone;
    51    THENCE continuing along the aforesaid easterly shoreline  (high  water
    52  mark) of the East Bank of the Hudson, the following courses:
    53    North 10 degrees 18' 17" West 23.91 feet,
    54    North 39 degrees 04' 58" West 21.39 feet,
    55    North 20 degrees 13' 30" West 21.74 feet,
    56    North 39 degrees 02' 08" West 95.27 feet,

        S. 9021--A                         17
     1    North 13 degrees 08' 02" West 30.81 feet,
     2    North 18 degrees 26' 06" West 53.76 feet,
     3    North 28 degrees 10' 43" West 63.53 feet,
     4    North 18 degrees 26' 06" West 50.60 feet,
     5    North 37 degrees 14' 05" West 31.40 feet,
     6    North 21 degrees 15' 02" West 96.57 feet,
     7    North 32 degrees 00' 19" West 47.17 feet,
     8    North 1 degree 18' 07" West 44.01 feet and
     9    North  17  degrees 14' 29" East 29.32 feet to a point on the southerly
    10  line of lands under lease to the County of Westchester (Resco Site);
    11    THENCE along the said County of Westchester (Resco  Site)  lands:  Due
    12  East  432.31  feet  to a point on the westerly line of an easement and a
    13  right-of-way leading to Charles Point Avenue;
    14    THENCE along the said westerly and  southwesterly  line  of  the  said
    15  right-of-way  leading to Charles Point Avenue: Due South 241.16 feet and
    16  South 27 degrees 13' 00" East 406.90 feet to a point;
    17    THENCE leaving the said easement and running along other lands now  or
    18  formerly  of  The City of Peekskill Industrial Development Agency, South
    19  41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly
    20  shoreline (high water mark) of the East Bank of the Hudson River and the
    21  point or place of beginning.
    22    TOGETHER  with an easement over all that parcel of land situate in the
    23  City of Peekskill, County of Westchester and State of New York  that  is
    24  more particularly bounded and described as follows:
    25    BEGINNING at a point on the westerly line of Charles Point Avenue with
    26  the  said westerly line is intersected by the line dividing the easement
    27  herein described on the south from lands under lease to  the  County  of
    28  Westchester  (Resco  Site)  on the north which point occupies coordinate
    29  position:
    30    North 464719.99 (y)
    31    East 608004.15 (x)
    32    of the New York State Coordinate System, East Zone;
    33    THENCE from the said point  of  beginning  southerly  along  the  said
    34  westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West
    35  103.48 feet to a point;
    36    THENCE westerly along other lands of the City of Peekskill  Industrial
    37  Development Agency: Due West 396.44 feet to a point which is the easter-
    38  ly most corner of the lands of Point Associates, the grantee herein;
    39    THENCE  along  the  northeasterly  line  of the said Point Associates'
    40  land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16
    41  feet to a point on the southerly line of the aforementioned lands leased
    42  to the County of Westchester (Resco Site);
    43    THENCE easterly along the said southerly line Due East 75.00 feet to a
    44  point;
    45    THENCE southeasterly and easterly still along the said lands leased to
    46  the County of Westchester (Resco Site) the following courses:
    47    Due South 223.00 feet,
    48    South 27 degrees 13' 00" East 314.87 feet and
    49    Due  East  390.14  feet to the aforementioned westerly line of Charles
    50  Point Avenue and the point or place of BEGINNING.
    51    TOGETHER WITH a non-exclusive easement for utilities, and ingress  and
    52  egress over that certain right of way leading from Charles Point Avenue,
    53  now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly
    54  direction to the above described premises and as more fully described in
    55  the Declaration of Easement recorded in Liber 8888 cp 35[.]; or

        S. 9021--A                         18
     1    (xii) all those tracts or parcels of land, situate in the  Tenth  Ward
     2  of  the  City of Troy, County of Rensselaer and State of New York, known
     3  as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A
     4  Five (A5) and the southerly portions of Lots Four (4) and A  Four  (A4),
     5  as the same are laid down and described on a certain Map made by Freder-
     6  ick  W.  Orr, dated August 15, 1918, filed in the Office of the Clerk of
     7  the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises
     8  hereby intended to be conveyed are bounded and described as follows:
     9    COMMENCING at an iron rod in the westerly side of River Street at  the
    10  most southeasterly corner of premises heretofore conveyed by Harry Gold-
    11  berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated
    12  November  8, 1940, recorded November 12, 1940 In the Office of the Clerk
    13  of the County of Rensselaer in Book 633 of Deeds at page 400 and running
    14  thence southerly along the westerly line of River Street 215.6 feet to a
    15  pipe in the most southeasterly corner of Lot  No.  A7;  thence  westerly
    16  along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to
    17  the easterly shore of the Hudson River; thence northerly along the east-
    18  erly  shore of the Hudson River 216 feet more or less to the most south-
    19  westerly corner of land heretofore conveyed by the said  Harry  Goldberg
    20  and  Norman  Goldberg  to  Arthur  E.  Collins  and another hereinbefore
    21  recited; thence along the southerly line of lands heretofore conveyed to
    22  said Collins and another easterly  31.75  feet;  thence  northerly  6.33
    23  feet;  thence easterly 18 feet; thence southerly 6.33 feet; thence east-
    24  erly 150.57 feet to the point or place of beginning.
    25    EXCEPTING THEREFROM that portion of the above  described  premises  as
    26  were  conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory,
    27  Inc.  by deed dated June 22, 1993 and recorded in the Rensselaer  County
    28  Clerk's  Office  on  June  24,  1993  in Book 1960 of Deeds at Page 215,
    29  Containing 17,600 square feet of land more or less.
    30    BEARINGS refer to the magnetic meridian of  1993.  Said  premises  are
    31  also  described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage
    32  and depth 115.60 x 220.00 being the same premises described in Book 6534
    33  of Deeds at Page 256 in the Rensselaer County Clerk's Office  and  being
    34  the  same  premises  in  the  2009  City  of  Troy  Assessment Rolls and
    35  90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC;  CORINA,
    36  ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT).
    37    (b)  Any  lien,  mortgage or other interest or estate now held by said
    38  retail licensee on or in the personal or real property of such  manufac-
    39  turer  or  wholesaler,  which  mortgage,  lien,  interest  or estate was
    40  acquired on or before December thirty-first,  nineteen  hundred  thirty-
    41  two,  shall  not  be included within the provisions of this subdivision;
    42  provided, however, the burden of establishing the time of the accrual of
    43  the interest, comprehended by this subdivision shall be upon the  person
    44  who claims to be entitled to the protection and exemption afforded here-
    45  by.
    46    § 4. This act shall take effect immediately.
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