(a) Be interested directly or indirectly in any premises where any
alcoholic beverage is sold at retail; or in any business devoted wholly
or partially to the sale of any alcoholic beverage at retail by stock
ownership, interlocking directors, mortgage or lien or any personal or
real property, or by any other means. The provisions of this paragraph
shall not apply to (i) any such premises or business constituting the
overnight lodging and resort facility located wholly within the
boundaries of the town of North Elba, county of Essex, township eleven,
Richard's survey, great lot numbers two hundred seventy-eight, two
hundred seventy-nine, two hundred eighty, two hundred ninety-eight, two
hundred ninety-nine, three hundred, three hundred eighteen, three
hundred nineteen, three hundred twenty, three hundred thirty-five and
three hundred thirty-six, and township twelve, Thorn's survey, great lot
numbers one hundred six and one hundred thirteen, as shown on the
Adirondack map, compiled by the conservation department of the state of
New York - nineteen hundred sixty-four edition, in the Essex county
atlas at page twenty-seven in the Essex county clerk's office,
Elizabethtown, New York, provided that such facility maintains not less
than two hundred fifty rooms and suites for overnight lodging, (ii) (A)
all that tract or parcel of land situate in the City of Canandaigua,
County of Ontario, State of New York, all as shown on a map entitled
"Meridian Automotive Systems Subdivision Plan", prepared by Costich
Engineering, P.C., having drawn number 3203-01, last dated 8/4/2003, and
is to be filed in the Ontario County Clerk's Office and being more
particularly bounded and described as follows:
Beginning at a point on the east right-of-way line of North Bloomfield
Road said point also being the northwest corner of lands now or formerly
owned by Donald and Jean Baier having T.A. # 070.19-01-06; thence
1. N60°57;16"W, along said east right-of -way of North Bloomfield Road
a distance of 1,266.75 feet to a point; thence
2. N50°14'22"W, along said east right-of-way line of North Bloomfield
Road a distance of 143.38 feet to a point; thence
3. N31°52'21"W, along said east right-of-way line of North Bloomfield
Road a distance of 187.27 feet to a point on the south right-of-way line
of North Street; thence
4. N46°08'48"E, along said south right-of-way like of North Street a
distance of 119.22 feet to a point; thence
5. N63°01'14"E, along said south right-of-way line or North Street a
distance of 741.98 feet to a point; thence
6. N86°19 '13"E, along said south right-of-way of North Street a
distance of 19.24 feet to a point; thence
7. N65°53'43"E, along said south right-of-way line: of North Street a
distance of 404.05 feet to a point; thence
8. N6 1°36'29'"E, along said south right-of-way line: of North Street
a distance of 169.25 feet to a point; thence
9. N22°28'53"E, along said south right-of-way line of North Street a
distance of 36.46 feet to a point; thence
10. N63°01'14"E, along said south right-of-way line of North Street a
distance of 3.25 feet to a point; thence
11. N62°49'02"E, along said south right-of-way line of North Street a
distance of 37.27 feet to a point; thence
12. S32°33'19"E, a distance of 325.41 feet to a point; thence
13. S50°20'56'E, a distance of 218.92 feet to a point, thence
14. S77°44'52'E. a distance of 213.31 feet to a point, thence
15. Southerly along a curve to the right having a delta angle of
03°50'08", a radius of 5,720.16 feet, and an arc length of 382.93 feet,
said curve also having a chord of S47°19'56"E, 382.85 feet to a point;
thence
16. S45°26'16"E. a distance of 510.13 feet to a point; thence
17. S62°47'34"W. a distance of 1,052.60 feet to a point, thence
18. N52°52'16"W, a distance of 185.00 feet to a point, thence
19. S43°29'44"W. a distance of 190.00 feet to a point and place of
beginning. Containing 48,584 acres of land, more or less.
* (B) All that piece or parcel of land situate in the City of
Rochester, county of Monroe, State of New York, and more particularly
described as follows:
Commencing at the northeast corner of Lot number 180 of the Hayward
Homestead Subdivision, said subdivision being filed in the Monroe County
Clerk's Office in Liber 8 of maps at page 67, thence southeasterly along
the southerly right-of-way line of Railroad Street (50 feet wide) on a
bearing of S 54°01'27" E a distance of 105.51 feet to a point, said
point being the true point and place of beginning. Thence the following
courses and distance;
1. Thence S 54°01'27" E a distance of 97.00 feet to a point;
2. Thence S 35°49'08" W a distance of 80.23 feet to a point;
3. Thence N 53°53'17" W a distance of 97.00 feet to a point;
4. Thence N 35°49'05" E a distance of 80.00 feet to a point on said
southerly right-of-way line of Railroad Street, said point the true
point and place of beginning.
Being and hereby intending to describe a portion of an existing building
located at 85-97 Railroad St, Rochester New York, having an area of
7,771 square feet or 0.178 acres. Bearings referenced to deed bearings
as described in liber 10480 of deeds page 278.
* NB Effective until December 31, 2024
* (B) all that piece or parcel of land situate in part of Lot 35,
Second Division, Township 13, Seventh Range of the Phelps and Gorham
Purchase, in the City of Rochester, County of Monroe, State of New York
and more particularly described as follows:
Commencing at the intersection of the northerly right-of-way Line of
University Avenue and the easterly right-of-way line of Culver Road;
thence southeasterly along the northerly right-of-way line of University
Avenue a distance of 1012.49 feet to the southwesterly most property
corner of lands now or formerly of University Avenue, LLC as laid forth
in Liber 11267 of deeds page 398; thence continuing southeasterly along
the northerly right-of-way line of University Avenue a distance of
391.30 feet to a point, said point being the true point and place of
beginning. Thence the following courses and distance:
1. Thence northerly making an interior angle turning to the left of
89°52'00" with said northerly right-of-way line of University Avenue a
distance of 174.75 feet to a point;
2. Thence easterly making an interior angle of 90°09'40" a distance of
21.70 feet to a point;
3. Thence northeasterly making an interior angle of 228°45'07" a
distance of 15.43 feet to a point;
4. Thence southeasterly making an interior angle of 90°00'00" a
distance of 13.15 feet to a point;
5. Thence northeasterly making an interior angle of 270°00'00" a
distance of 14.05 feet to a point;
6. Thence southeasterly making an interior angle of 90°00'00" a
distance of 14.40 feet to a point;
7. Thence southerly making an interior angle of 131°14'53" a distance
of 4.00 feet to a point;
8. Thence easterly making an interior angle of 270°00'00" a distance
of 59.15 feet to a point;
9. Thence southerly making an interior angle of 89°50'45" a distance
of 136.60 feet to a point;
10. Thence easterly making an interior angle of 269°35'35" a distance
of 1.10 feet to a point;
11. Thence southerly making an interior angle of 90°00'00" a distance
of 38.20 feet to a point on the aforementioned northerly right-of-way
line of University Avenue;
12. Thence westerly along said northerly right-of-way line of
University Avenue a distance of 121.85 feet to a point, said point being
the true point and place of beginning.
Being and hereby intending to describe a portion of an existing
building located at 1344 University Avenue Rochester, New York, having
an area of 21,489 square feet or 0.493 acres.
* NB Effective December 31, 2024
* (B-1) all that piece or parcel of land situate in part of Lot 35,
Second Division, Township 13, Seventh Range of the Phelps and Gorham
Purchase, in the City of Rochester, County of Monroe, State of New York
and more particularly described as follows:
Commencing at the intersection of the northerly right-of-way Line of
University Avenue and the easterly right-of-way line of Culver Road;
thence southeasterly along the northerly right-of-way line of University
Avenue a distance of 1012.49 feet to the southwesterly most property
corner of lands now or formerly of University Avenue, LLC as laid forth
in Liber 11267 of deeds page 398; thence continuing southeasterly along
the northerly right-of-way line of University Avenue a distance of
391.30 feet to a point, said point being the true point and place of
beginning. Thence the following courses and distance:
1. Thence northerly making an interior angle turning to the left of
89°52'00" with said northerly right-of-way line of University Avenue a
distance of 174.75 feet to a point;
2. Thence easterly making an interior angle of 90°09'40" a distance of
21.70 feet to a point;
3. Thence northeasterly making an interior angle of 228°45'07" a
distance of 15.43 feet to a point;
4. Thence southeasterly making an interior angle of 90°00'00" a
distance of 13.15 feet to a point;
5. Thence northeasterly making an interior angle of 270°00'00" a
distance of 14.05 feet to a point;
6. Thence southeasterly making an interior angle of 90°00'00" a
distance of 14.40 feet to a point;
7. Thence southerly making an interior angle of 131°14'53" a distance
of 4.00 feet to a point;
8. Thence easterly making an interior angle of 270°00'00" a distance
of 59.15 feet to a point;
9. Thence southerly making an interior angle of 89°50'45" a distance
of 136.60 feet to a point;
10. Thence easterly making an interior angle of 269°35'35" a distance
of 1.10 feet to a point;
11. Thence southerly making an interior angle of 90°00'00" a distance
of 38.20 feet to a point on the aforementioned northerly right-of-way
line of University Avenue;
12. Thence westerly along said northerly right-of-way line of
University Avenue a distance of 121.85 feet to a point, said point being
the true point and place of beginning.
Being and hereby intending to describe a portion of an existing building
located at 1344 University Avenue Rochester, New York, having an area of
21,489 square feet or 0.493 acres.
* NB Repealed December 31, 2024
* (C) PARCEL 1
ALL THAT TRACT OR PARCEL OF LAND, situate on the east side of North
Bloomfield Road in the City of Canandaigua, County of Ontario and State
of New York, bounded and described as follows:
Beginning at the southwest corner of lands of the grantor which point of
beginning marked by an iron in the east highway boundary of said Road
882.14 feet northwesterly from the north line of Buffalo Street in said
City; running thence N 74° 22' 10" E a distance of 1108.20 feet to a
point in the west line of lands of the New York Central & Hudson River
Railroad Batavia Branch, marked by an existing iron; running, thence N
34° 34' 20" W along the westerly bounds of said Railroad a distance of
412.38 feet to a point, marked by an existing iron; running thence S 74°
01' 20" W a distance of 1241.03 feet, through an existing iron, to a
point, marked by a spike in the east line of said North Bloomfield Road;
running thence S 50° 34' 20" E and along the east highway boundary of
said North Bloomfield Road a distance of 466.65 feet to the point and
place of beginning.
PARCEL 2
ALL THAT TRACT OR PARCEL OF LAND, lying to the east of the parcel above
described, and also west of lands of said New York Central & Hudson
River Railroad Auburn Branch in said City of Canandaigua, County of
Ontario and State of New York, bounded and described as follows:
Beginning at a point, marked by an iron, in the east line of lands of
the New York Central & Hudson River Railroad Batavia Branch, which point
is at the northwest corner of other lands of the grantee, said point
being N 69° 14' 50" E a distance of 68.94 feet from the easterly
terminus of the first course in the description of Parcel 1, running
thence N 70° 49' 40" E and along other lands of the grantee, a distance
of 726.63 feet to a point, marked by an iron in the west boundary of
lands of the New York Central & Hudson River Railroad Auburn Branch;
running thence N 19° 17' 20" W and along the westerly bounds of said
Railroad a distance of 391.29 feet to a point, marked by an iron;
running thence S 70° 41' 30" W a distance of 856.10 feet to a point,
marked by an existing iron in the easterly bounds of said New York
Central & Hudson River Railroad Batavia Branch; running thence S 37° 40'
30" E along the easterly bounds of said New York Central & Hudson River
Railroad Batavia Branch a distance of 410.47 feet to the point or place
of beginning.
PARCEL 3
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario and State of New York, bounded and described as
follows:
Commencing at a point in the north line of Buffalo Street where the same
is intersected by the west line of the Penn Central Railroad Auburn
Branch and thence running (1) S 70° 25' 10" W, along the north line of
Buffalo Street a distance of 516.06 feet to a point in the east line of
the Penn Central Railroad Batavia Branch; thence (2) N 37° 42' 55" W
along the easterly line of Batavia Branch of the railroad a distance of
758.52 feet to a point; thence (3) N 70° 25' 10" E a distance of 743.79
feet to a point in the west line of the Auburn Branch of the railroad;
thence (4) S 19° 36' 35" E along said west line of the Auburn Branch of
the railroad distance of 379.37 feet to a point; thence (5) N 70° 25'10"
E a distance of 8.00 feet to a point; thence (6) S 19° 36' 35" E a
distance of 341.48 feet to a point on the north line of Buffalo Street
and the place of beginning.
PARCEL 4
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario and State of New York, bounded and described as
follows:
Beginning at a point at a corner in the general easterly line of land of
Canandaigua Industries Co., Inc., distant 341.48 feet measured N 19° 36'
36" W along said easterly line, from the northerly line of Buffalo
Street at a point therein distant 1200 feet, more or less, measured
westwardly, along said line of Buffalo Street, from the westerly line of
Main Street;
Extending from said beginning point the following eight courses and
distances, the first four thereof being along said general easterly line
of lands of Canandaigua Industries Co., Inc.: (1) S 70° 25' 10" W 8.00
feet to an iron; (2) N 19° 36' 35" W, 379.37 feet to a spike set in a
railroad tie; (3) S 70° 25' 10" W, 17.00 feet to an iron stake; and (4)
N 19° 38' 00" W, 164.00 feet to an iron stake; thence the following four
courses and distances by remaining land of Penn Central Transportation
Company: (5) N 70° 22' 00" E, 33.00 feet to an iron stake; (6) S 19° 38'
00" E, 164.02 feet to an iron stake; (7) S 19° 36' 35" E, 379.37 feet to
an iron stake; and (8) S 70° 23' 25" W, 8.00 feet to the place of
beginning.
PARCEL 5
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario, State of New York, all as shown on a map entitled
"8.512 acre parcel to be conveyed to Constellation Brands, Inc. by
Meridian Automotive Systems, Inc.", prepared by Costich Engineering,
P.C., having drawing number 3203-A, dated 6/18/2003, and being more
particularly bounded and described as follows:
Commencing at a point on the south right-of-way line of North (66.0'
R.O.W.) Street said point being the northwest corner of lands now or
formerly owned by Cambridge Acquisition Corp, having T.A. #
070.19-01-04.2 and the northeast corner of lands now or formerly owned
by Cambridge Acquisition Corp having T.A. 070.19-01-03; thence A.
S38°37'53"E, along the aforementioned common property line a distance of
772.95 feet to the point and place of beginning; thence 1. S38°37'53"E,
a distance of 772.95 feet to a point; thence 2. S62°34'17"W, a distance
of 440.56 feet to a point; thence 3. N45°24'43"W, a distance of 531.72
feet to a point of curvature; thence 4. Northwesterly on a curve to the
left having a delta angle of 02°38'31", a radius of 5,786.16 feet, and
an arc length of 266.80 feet, said curve also having a chord of
N46°44'17"W, 266.78 feet to a point; thence 5. N62°29'47"E, a distance
of 542.77 feet to the point and place of beginning. Containing 8.512
acres of land, more or less.
PARCEL 6
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,
County of Ontario, State of New York, bounded and described as follows:
Beginning at a point in the west line of Finger Lakes Railway Corp.,
said point being the northwest corner of a parcel of land conveyed by
George P. Baker, Richard C. Bond and Jervis Langdon, Jr., Trustees of
the Property of Penn Central Transportation Company, Debtor to
Canandaigua Wine Company, Inc., Liber 729 of Deeds at page 95 and
proceeding thence, N 19° 38' 00" W, along the west line of Finger Lakes
Railway Corp., for a distance of 227.29 feet to a point in the north
line of lands of Ontario County Industrial Development Agency, Liber
1096 of Deeds at page 335; thence, N 70° 17' 00" F, for a distance of
38.00 feet to a point; thence, S 19° 38' 00" E, through lands of Finger
Lakes Railway Corp. for a distance of 227.35 feet to a point; thence, S
70° 22' 00" W, for a distance of 38.00 feet to the point and place of
beginning and containing 0.198 acre of land.
PARCEL 7
ALL THAT PROPERTY situate in the City of Canandaigua, County of Ontario
and State of New York and being all of the right, title and interest of
The Owasco River Railway, Inc., in and to all those certain pieces or
parcels of land and premises, easements, rights of way and any other
rights of any kind whatsoever appurtenant thereto or used in conjunction
therewith on and along that portion of a branch of railroad known as the
Holcomb Branch which lies north of the north line of West Avenue and
extends in a northwesterly direction for a distance of 7370 feet, more
or less, to the center line of North Street, in said City of
Canandaigua. Excepting from this conveyance so much of the said property
which lies south of the south line of Buffalo Street. Excepting from
this conveyance so much of the said property as described in that
certain deed from Ontario County Industrial Development Agency to
Meridian Automotive Systems-Composites Operation, Inc, dated November
12, 2003 and recorded in the Ontario County Clerk's Office on January
23, 2004 in Liber 1112 of Deeds at page 316. Excepting from this
conveyance so much of said property lying north of the above mentioned
exception parcel conveyed to Meridian Automotive Systems-Composites
Operation, Inc. and the center line of North Street.
* NB Repealed upon end of termination of lease for licensee (See
chapter 218 of 2020 § 5)
(iii) any such premises or business constituting the overnight lodging
facility located wholly within the boundaries of that tract or parcel of
land situated in the borough of Manhattan, city and county of New York,
beginning at a point on the northerly side of west fifty-fourth street
at a point one hundred feet easterly from the intersection of the said
northerly side of west fifty-fourth street and the easterly side of
seventh avenue; running thence northerly and parallel with the easterly
side of seventh avenue one hundred feet five inches to the center line
of the block; running thence easterly and parallel with the northerly
side of west fifty-fourth street and along the center line of the block
fifty feet to a point; running thence northerly and parallel with the
easterly side of seventh avenue one hundred feet five inches to the
southerly side of west fifty-fifth street at a point distant one hundred
fifty feet easterly from the intersection of the said southerly side of
west fifty-fifth street and the easterly side of seventh avenue; running
thence easterly along the southerly side of west fifty-fifth street
thirty-one feet three inches to a point; running thence southerly and
parallel with the easterly side of the seventh avenue one hundred feet
five inches to the center line of the block; running thence easterly
along the center line of the block and parallel with the southerly side
of west fifty-fifth street, one hundred feet; running thence northerly
and parallel with the easterly side of seventh avenue one hundred feet
five inches to the southerly side of west fifty-fifth street; running
thence easterly along the southerly side of west fifty-fifth street
twenty-one feet ten and one-half inches to a point; running thence
southerly and parallel with the easterly side of seventh avenue one
hundred feet five inches to the center line of the block; running thence
westerly along the center line of the block and parallel with the
northerly side of west fifty-fourth street three feet one and one-half
inches; running thence southerly and parallel with the easterly side of
seventh avenue one hundred feet five inches to the northerly side of
west fifty-fourth street at a point distant three hundred feet easterly
from the intersection of the said northerly side of west fifty-fourth
street and the easterly side of seventh avenue; running thence westerly
and along the northerly side of west fifty-fourth street two hundred
feet to the point or place of beginning, provided that such facility
maintains not less than four hundred guest rooms and suites for
overnight lodging, (iv) any such premises or business located on that
tract or parcel of land, or any subdivision thereof, situate in the
Village of Lake Placid, Town of North Elba, Essex County, New York; it
being also a part of Lot No. 279, Township No. 11, Old Military Tract,
Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22
as shown and designated on a certain map entitled "Map of Building Sites
for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being
PARCEL No. 1 on a certain map of lands of Robert J. Mahoney and wife
made by G.C. Sylvester, P.E. & L.S. # 21300, dated August 4, 1964, and
filed in the Essex County Clerk's Office on August 27, 1964, and more
particularly bounded and described as follows; BEGINNING at the
intersection of the northerly bounds of Shore Drive (formerly Mirror
Street) with the westerly bounds of Park Place (formerly Rider Street)
which point is also the northeast corner of Lot No. 23, from thence
South 21°50' East in the westerly bounds of Park Place a distance of 119
feet, more or less, to a lead plug in the edge of the sidewalk marking
the southeast corner of Lot No. 23 and the northeast corner of Lot No.
24; from thence South 68°00'50" West a distance of 50.05 feet to an iron
pipe set in concrete at the corner of Lots 23 and 22; from thence South
65°10'50" West a distance of 7.94 feet along the south line of Lot No.
22 to an iron pipe for a corner; from thence North 23°21'40" West and at
17.84 feet along said line passing over a drill hole in a concrete
sidewalk, and at 68.04 feet further along said line passing over an iron
pipe at the southerly edge of another sidewalk, and at 1.22 feet further
along said line passing over another drill hole in a sidewalk, a total
distance of 119 feet, more or less, to the northerly line of Lot. No.
22; from thence easterly in the northerly line of Lot 22 and 23 to the
northeast corner of Lot No. 23 and the point of beginning. Also
including the lands to the center of Shore Drive included between the
northerly straight line continuation of the side lines of the above
described parcel, and to the center of Park Place, where they abut the
above described premises SUBJECT to the use thereof for street purposes.
Being the same premises conveyed by Morestuff, Inc. to Madeline Sellers
by deed dated June 30, 1992, recorded in the Essex County Clerk's Office
on July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any such
premises or business located on that certain piece or parcel of land, or
any subdivision thereof, situate, lying and being in the Town of
Plattsburgh, County of Clinton, State of New York and being more
particularly bounded and described as follows: Starting at an iron pipe
found in the easterly bounds of the highway known as the Old Military
Turnpike, said iron pipe being located 910.39 feet southeasterly, as
measured along the easterly bounds of said highway, from the southerly
bounds of the roadway known as Industrial Parkway West, THENCE running S
31 ° 54' 33" E along the easterly bounds of said Old Military Turnpike
Extension, 239.88 feet to a point marking the beginning of a curve
concave to the west; thence southerly along said curve, having a radius
of 987.99 feet, 248.12 feet to an iron pipe found marking the point of
beginning for the parcel herein being described, said point also marked
the southerly corner of lands of Larry Garrow, et al, as described in
Book 938 of Deeds at page 224; thence N 07° 45' 4" E along the easterly
bounds of said Garrow, 748.16 feet to a 3"x4" concrete monument marking
the northeasterly corner of said Garrow, the northwesterly corner of the
parcel herein being described and said monument also marking the
southerly bounds of lands of Salerno Plastic Corp. as described in Book
926 of Deeds at Page 186; thence S 81° 45' 28" E along a portion of the
southerly bounds of said Salerno Plastic Corp., 441.32 feet to an iron
pin found marking the northeasterly corner of the parcel herein being
described and also marking the northwest corner of the remaining lands
now or formerly owned by said Marx and Delaura; thence S 07° 45' 40" W
along the Westerly bounds of lands now of formerly of said Marx and
DeLaura and along the easterly bounds of the parcel herein being
described, 560.49 feet to an iron pin; thence N 83° 43' 21" W along a
portion of the remaining lands of said Marx and DeLaura, 41.51 feet to
an iron pin; thence S 08° 31' 30" W, along a portion of the remaining
lands of said Marx and Delaura, 75.01 feet to an iron pin marking
northeasterly corner of lands currently owned by the Joint Council for
Economic Opportunity of Plattsburgh and Clinton County, Inc. as
described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along
a portion of the northerly bounds of said J.C.E.O., 173.50 feet to an
iron pin; thence 61° 21' 12" W, continuing along a portion of the
northerly bounds of said J.C.E.O., 134.14 feet to an iron pin; thence S
07° 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an
iron pin; thence S 66° 48' 56" W along a portion of the northerly bounds
of remaining lands of said Marx and DeLaura, 100.00 feet to an iron pipe
found on the easterly bounds of the aforesaid highway, said from pipe
also being located on a curve concave to the west; thence running and
running northerly along the easterly bounds of the aforesaid highway and
being along said curve, with the curve having a radius of 987.93 feet,
60.00 feet to the point of beginning and containing 6.905 acres of land.
Being the same premises as conveyed to Ronald Marx and Alice Marx by
deed of CIT Small Business Lending Corp., as agent of the administrator,
U.S. Small Business Administration, an agency of the United States
Government dated September 10, 2001 and recorded in the office of the
Clinton County Clerk on September 21, 2001 as Instrument #135020; or
(vi) any such premises or business located on the west side of New York
state route 414 in military lots 64 and 75 located wholly within the
boundaries of that tract or parcel of land situated in the town of Lodi,
county of Seneca beginning at an iron pin on the assumed west line of
New York State Route 414 on the apparent north line of lands reputedly
of White (lib. 420, page 155); said iron pin also being northerly a
distance of 1200 feet more or less from the centerline of South Miller
Road; Thence leaving the point of beginning north 85-17'-44" west along
said lands of White a distance of 2915.90 feet to an iron pin Thence
north 03-52'-48" east along said lands of White, passing through an iron
pin 338.36 feet distant, and continuing further along that same course a
distance of 13.64 feet farther, the total distance being 352.00 feet to
a point in the assumed centerline of Nellie Neal Creek; Thence in
generally a north westerly direction the following courses and distances
along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west
a distance of 189.56 feet to a point; north 63-40'-00" west a distance
of 156.00 feet to a point; north 49-25'-00" west a distance of 80.00
feet to a point; south 80-21'-00" west a distance of 90.00 feet to a
point; north 72-03'-00" west a distance of 566.00 feet to a point; north
68-15'-00" west a distance of 506.00 feet to a point; north 55-16'-00"
west a distance of 135.00 feet to a point; south 69-18'-00" west a
distance of 200.00 feet to a point; south 88-00'-00" west a distance of
170.00 feet to a point on a tie line at or near the high water line of
Seneca Lake; Thence north 25-17'-00" east along said tie line a distance
of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands
reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
an iron pin; Thence north 06-56'-47" east along said lands of M. Wagner
a distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east
along lands reputedly of Schneider (lib. 429, page 37) a distance of
50.10 feet to an iron pipe; Thence north 07-49'-11" east along lands
reputedly of Oney (lib. 484, page 24) a distance of 50.00 feet to an
iron pipe; Thence north 82-29'-40" west along said lands of Oney a
distance of 95.30 feet to an iron pipe on a tie line at or near the
highwater line of Seneca Lake; Thence north 08-15'-22" east along said
tie line a distance of 25.00 feet to an iron pin; Thence south
82-28'-00" east along lands reputedly of Yu (lib. 405, page 420) a
distance of 96.53 feet to an iron pipe; Thence north 34-36'-59" east
along said lands of Yu a distance of 95.00 feet to a point in the
assumed centerline of Van Liew Creek; Thence in generally an easterly
direction the following courses and distances along the assumed
centerline of Van Liew Creek; north 72-46'-37" east a distance of 159.98
feet to a point; north 87-53'-00" east a distance of 94.00 feet to a
point; south 71-12'-00" east a distance of 52.00 feet to a point; south
84-10'-00" east a distance of 158.00 feet to a point; south 59-51'-00"
east a distance of 160.00 feet to a point; south 83-29'-00" east a
distance of 187.00 feet to a point; Thence north 01-33'-40" east along
lands reputedly of Hansen (lib. 515, page 205) passing through an iron
pipe 32.62 feet distant, and continuing further along that same course
passing through an iron pin 205.38 feet farther, and continuing still
further along that same course a distance of 21.45 feet farther, the
total distance being 259.45 feet to the assumed remains of a White Oak
stump; Thence north 69-16'-11" east along lands reputedly of Schwartz
(lib. 374, page 733) being tie lines along the top of the south bank of
Campbell Creek a distance of 338.00 feet to a point; Thence south
57-17'32" east along said tie line a distance of 136.60 feet to a point;
Thence south 74-45'-00" east along said tie line a distance of 100.00
feet to an iron pin; Thence north 04-46'-00" east along said lands of
Schwartz a distance of 100.00 feet to a point in the assumed centerline
of Campbell Creek; Thence in generally an easterly direction the
following courses and distances along the assumed centerline of Campbell
Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north
76-53'-00" east a distance of 180.00 feet to a point; north 83-05'00"
east a distance of 230.00 feet to a point; south 66-44'-00" east a
distance of 90.00 feet to a point; south 81-10'-00" east a distance of
240.00 feet to a point; south 45-29'-15" east a distance of 73.18 feet
to a point; Thence south 05-25'-50" west along lands reputedly of
Stanley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point
on the assumed north line of Military Lot 75; Thence south 84-34'-10"
east along said lands of Wagner and the assumed north line of Military
Lot 75 a distance of 1195.06 feet to an iron pin; Thence south O6-57'52"
west along said lands of M. Wagner (lib. 414, page 267) passing through
an iron pin 215.58 feet distant, and continuing further along that same
course a distance of 20.59 feet farther, the total distance being 236.17
feet to a point in the assumed centerline of Campbell Creek; Thence in
generally a south easterly direction the following course and distances
along the assumed centerline of Campbell Creek; north 78-23'-09" east a
distance of 29.99 feet to a point; south 46-09'-15" east a distance of
65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to
a point; south 61-59'-50" east a distance of 206.91 feet to a point;
north 63-58'-27" east a distance of 43.12 feet to a point; south
28-51'-21" east a distance of 47.72 feet to a point; south 15-14'-08"
west a distance of 33.42 feet to a point; south 79-16'-32" east a
distance of 255.15 feet to a point; south 62-19'-46" east a distance of
75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to
a point; north 82-12'55" east a distance of 86.00 feet to a point; south
44-13'53" east a distance of 64.08 feet to a point; north 67-52'-46"
east a distance of 73.98 feet to a point; north 88-13'-13" east a
distance of 34.64 feet to a point on the assumed west line of New York
State Route 414; Thence south 20-13'-30" east along the assumed west
line of New York State Route 414 a distance of 248.04 feet to a concrete
monument; Thence south 02-10'-30" west along said road line a distance
of 322.90 feet to an iron pin; Thence 13-14'-50" west along said road
line a distance of 487.41 feet to an iron pin, said iron pin being the
point and place of beginning;
Comprising an area of 126.807 acres of land according to a survey
completed by Michael D. Karlsen entitled "Plan Owned by Stanley A.
Wagner" known as Parcel A of Job number 98-505.
This survey is subject to all utility easements and easements and
right-of-ways of record which may affect the parcel of land.
This survey is also subject to the rights of the public in and to
lands herein referred to as New York State Route 414.
This survey intends to describe a portion of the premises as conveyed
by Ruth V. Wagner to Stanley A. Wagner by deed recorded February 10,
1989 in Liber 450 of deeds, at Page 286.
This survey also intends to describe a portion of the premises as
conveyed by Stanley W. VanVleet to Stanley A. Wagner by deed recorded
April 30, 1980 in Liber 385 of Deeds, at Page 203.
ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
New York State Route 414 in Military Lot 75 in the Town of Lodi, County
of Seneca, State of New York bounded and described as follows:
Beginning at an iron pin on the assumed east line of New York State
Route 414, said iron pin being north 50-44'-57" east a distance of
274.92 feet from the south east corner of the parcel of land herein
above described; Thence leaving the point of beginning north 00-26'01"
east along a mathematical tie line a distance of 504.91 feet to an iron
pin; Thence south 37-00'-20" east along lands reputedly of Tomberelli
(lib. 419, page 243) passing through an iron pin 176.00 feet distant,
and continuing further along that same course a distance of 2.01 feet
farther, the total distance being 178.01 feet to a point; Thence south
09-03'-55" west along lands reputedly of M. Wagner (lib. 491, page 181)
a distance of 68.19 feet to an iron pipe; Thence south 15-36'-04" west
along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
Thence south 72-04'-59" west along said lands of M. Wagner a distance of
20.49 feet to an iron pin, said iron pin being the point and place of
beginning.
Comprising an area of 0.727 acre of lands according to a survey
completed by Michael D. Karlsen entitled "Plan of Land Owned by Stanley
A. Wagner" known as Parcel B of job number 98-505.
This survey is subject to all utility easements and easements and
right-of-ways of record which may affect this parcel of land.
This survey is also subject to the rights of the public in and to
lands herein referred to as New York State Route 414.
This survey intends to describe the same premises as conveyed by Henry
W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
to Stanley A. Wagner by deed recorded July 2, 1996 in liber 542, page
92.
This survey also intends to describe a portion of the premises as
conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded
February 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of
this paragraph shall not apply to any premises or business located
wholly within the following described parcel: ALL THAT TRACT OR PARCEL
OF LAND situate in the City of Corning, County of Steuben and State of
New York bounded and described as follows: Beginning at an iron pin
situate at the terminus of the westerly line of Townley Avenue at its
intersection with the southwesterly line of New York State Route 17;
thence S 00° 45' 18" E along the westerly line of Townley Avenue, a
distance of 256.09 feet to a point; thence S 89° 02' 07" W through an
iron pin placed at a distance of 200.00 feet, a total distance of 300.00
feet to an iron pin; thence N 00° 59' 17" W a distance of 47.13 feet to
an iron pin; thence S 89° 02' 07" W a distance of 114.56 feet to a point
situate in the southeast corner of Parcel A-2 as set forth on a survey
map hereinafter described; thence N 14° 18' 49" E a distance of 124.40
feet to an iron pin situate at the southeast corner of lands now or
formerly of Cicci (Liber 923, Page 771); thence N 14° 18' 49" E a
distance of 76.46 feet to an iron pin; thence N 00° 57' 53" W a distance
of 26.25 feet to an iron pin marking the southeast corner of parcel A-1
as set forth on the hereinafter described survey map; thence N 00° 58'
01" W a distance of 166.00 to an iron pin situate at the northeast
corner of said Parcel A-1, which pin also marks the southeast corner of
lands now or formerly of Becraft (Liber 1048, Page 1086); thence N 00°
57' 53" W a distance of 106.00 feet to an iron pin situate in the
southerly line of lands now or formerly of the United States Postal
Service; thence N 89° 02' 07" E along the southerly line of said United
States Postal Service a distance of 81.47 feet to a point; thence N 14°
18' 49" E along the easterly line of said United States Postal Service a
distance of 114.29 feet to an iron pin situate in the southwesterly line
of New York State Route 17; thence S 32° 00' 31" E along the
southwesterly line of New York State Route 17, a distance of 358.93 feet
to an iron pin; thence continuing along the southwesterly line of New
York state Route 17, S 38° 30' 04" E a distance of 108.18 feet to the
iron pin marking the place of beginning. Said premises are set forth and
shown as approximately 4.026 acres of land designated as Parcel A
(excluding Parcels A-1 and A-2) on a survey map entitled "As-Built
Survey of Lands of New York Inn, LLC, City of Corning, Steuben County,
New York" by Weiler Associates, dated December 27, 2001, designated Job
No. 12462; or (vii) any such premises or businesses located on that
certain plot, piece or parcel of land, situate, lying and being in the
Second Ward of the City of Schenectady, on the Northerly side of Union
Street, bounded and described as follows: to wit; Beginning at the
Southeasterly corner of the lands lately owned by Elisha L. Freeman and
now by Albert Shear; and running from thence Easterly along the line of
Union Street, 44 feet to the lands now owned by or in the possession of
James G. Van Vorst; thence Northerly in a straight line along the last
mentioned lands and the lands of the late John Lake, 102 feet to the
lands of one Miss Rodgers; thence Westerly along the line of the last
mentioned lands of said Rodgers to the lands of the said Shear; and
thence Southerly along the lands of said Shear 101 feet, 6 inches to
Union Street, the place of beginning.
Also all that tract or parcel of land, with the buildings thereon,
situate in the City of Schenectady, County of Schenectady, and State of
New York, situate in the First, formerly the Second Ward of the said
City, on the Northerly side of Union Street, which was conveyed by
William Meeker and wife to Elisha L. Freeman by deed dated the second
day of December 1843, and recorded in the Clerk's Office of Schenectady
County on December 5, 1843, in Book V of Deeds at page 392, which lot in
said deed is bounded and described as follows: Beginning at a point in
the Northerly line of Union Street where it is intersected by the
Easterly line of property numbered 235 Union Street, which is hereby
conveyed, and running thence Northerly along the Easterly line of said
property, One Hundred Forty and Five-tenths (140.5) feet to a point
sixteen (16) feet Southerly from the Southerly line of the new garage
built upon land adjoining on the North; thence Westerly parallel with
said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly
One Hundred Forty and Eight-tenths (140.8) feet to the Northerly margin
of Union Street; thence Easterly along the Northerly margin of Union
Street, about Forty-eight and three-tenths (48.3) feet to the point or
place of beginning.
The two above parcels are together more particularly described as
follows:
All that parcel of land in the City of Schenectady beginning at a
point in the northerly margin of Union Street at the southwesterly
corner of lands now or formerly of Friedman (Deed Book 636 at page 423)
which point is about 60 feet westerly of the westerly line of North
College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
southeasterly corner of other lands now or formerly of Friedman (Deed
Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
southwesterly corner of lands now or formerly of Stockade Associates
(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
lands now or formerly of McCarthy (Deed Book 1129 at page 281); thence
along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly
corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621);
thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;
thence still along lands of SONYMA and lands now or formerly of Magee
(Deed Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a
corner; thence still along lands of Magee and Lands of Friedman first
above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of
beginning.
Excepting and reserving all that portion of the above parcel lying
easterly of a line described as follows:
All that tract or parcel of land, situated in the City of Schenectady
and County of Schenectady and State of New York, on the Northerly side
of Union Street bounded and described as follows:
Beginning at a point in the northerly line of Union Street, said point
being in the division line between lands now or formerly of Electric
Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
under Will of Ruth F. Wexler (Street number 241 Union Street) on the
East; thence North 03 deg. 04' 10" East, along the building known as
Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
North 88 deg. 45' 45" West, along said building and building eve, a
distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East,
along said building eve of Street No. 241 Union Street, a distance of
32.74 feet; thence South 88 deg. 45' 45" East, along said building eve,
a distance of 1.2 feet to an intersection of building corner of Street
No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30"
East, along said brick wall, a distance of 14.47 feet to a point in the
corner of the brick wall, thence South 86 deg. 46' 45" East along said
brick wall a distance of 4.42 feet to the intersection of brick wall
with the boundary line between the Electric Brew Pubs, Inc. (aforesaid)
on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
(aforesaid) on the East; thence North 03 deg 10' 08" East a distance of
0.62 feet to the Northeast corner of lands belonging to Margaret Wexler
and Donna Lee Wexler Pavlovic.
Also all that tract or parcel of land commonly known as the Union
Street School, located on the Northeasterly corner of Union and North
College Streets in the First Ward of the City and County of Schenectady
and State of New York, more particularly bounded and described as
follows: Beginning at a point in the Northerly street line of Union
Street where it is intersected by the Easterly street line of North
College Street, and runs thence Northerly along the Easterly street line
of North College Street, one hundred seven and five-tenths (107.5) feet
to a point, thence easterly at an angle of ninety (90) degrees, one
hundred ninety-one and seventy-five hundredths (191.75) feet to a point
in the Northwesterly street line of Erie Boulevard thence southwesterly
along the Northwesterly street line of Erie Boulevard, one hundred
twenty-three and eight-tenths (123.8) feet to its intersection with the
Northerly street line of Union Street; thence Westerly along the
Northerly street line of Union Street, one hundred twenty-four and
fifty-five hundredths (124.55) feet to the point or place of beginning.
The above described parcel of property includes the Blue Line parcel
of land, which is a portion of the abandoned Erie Canal Lands, located
in the First Ward of the City of Schenectady, New York, and which Blue
Line parcel lies between the Northwesterly line of Erie Boulevard as set
forth in the above described premises and the Northeasterly lot line of
the old Union Street School as it runs parallel with the Northwesterly
line of Erie Boulevard as aforesaid.
The two above parcels are together more particularly described as
follows: All that parcel of land in the City of Schenectady beginning at
a point in the northerly margin of Union Street and the northwesterly
margin of Erie Boulevard and runs thence along Union Street N. 86 deg.
42' 20" W. 124.55 feet to the easterly margin of North College Street;
thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to
the southeasterly corner of lands now or formerly of McCarthy (Deed Book
1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
191.75 feet to the northwesterly margin of Erie Boulevard; thence along
Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of
beginning; or (viii) any such premises or businesses located on that
tract or parcel of land situate in the Town of Hopewell, Ontario County,
State of New York, bounded and described as follows: Commencing at a
5/8" rebar found on the division line between lands now or formerly of
Ontario County - Finger Lakes Community College (Liber 698 of Deeds,
Page 466) on the north and lands now or formerly of James W. Baird
(Liber 768 of Deeds, Page 1109) on the south; thence, North 43°-33'-40"
West, on said division line, a distance of 77.32 feet to the Point of
Beginning. Thence, North 43°-33'-40" West, continuing on said division
line and through said lands of Ontario County, a distance of 520.45 feet
to a point on the southeasterly edge of an existing concrete pad;
thence, South 74°-19'-53" West, along said edge of concrete and the
projection thereof, a distance of 198.78 feet to a point on the easterly
edge of pavement of an existing campus drive; thence, the following two
(2) courses and distances along said edge of pavement: Northeasterly on
a curve to the left having a radius of 2221.65 feet, a chord bearing of
North 30°-16'-39" East, a chord distance of 280.79, a central angle of
07°-14'-47", a length of 280.98 feet to a point of reverse curvature;
thence, Northeasterly on a curve to the right having a radius of 843.42
feet, a chord bearing of North 45°-25'-09" East, a chord distance of
534.08, a central angle of 36°-55'-01", a length of 543.43 feet to a
point; thence, South 30°-04'-59" East, a distance of 18.28 feet to the
corner of the property acquired by Ontario County (Liber 766 of Deeds,
Page 1112), as shown on a map recorded in the Ontario County Clerk's
Office as Map No. 6313; thence, the following four (4) courses and
distances along said property line: South 30°-04'-59" East, a distance
of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
147.53 feet to a point; thence, South 41°-31'-35" East, a distance of
200.93 feet to a point; thence, South 23°-48'-53" West, along said
property line, and the projection thereof, through the first said lands
of Ontario County - Finger Lakes Community College (Liber 698 of Deeds,
Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel
containing 7.834 acres, more or less, as shown on a map entitled
"Proposed Lease Area - Friends of the Finger Lakes Performing Arts
Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01,
dated June 10, 2005, last revised August 17, 2005. The related PAC
Properties are shown on the Map denominated "FLCC Campus Property, FLPAC
Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the
Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
at page 9 and are comprised of the areas separately labeled as Parking
Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the
Entry Roads; or (ix) any such premises or businesses located on that
tract or parcel of land situate lying and being in the Town of Oneonta,
County of Otsego and State of New York and being a portion of Otsego
County Tax Map Department Parcel Number 287.00-1-33 and bounded and
described as follows: Beginning at a point 2.12 feet off the
northeasterly corner of a one story building on the lands, now or
formerly, of Abner Doubleday, LLC, aka Cooperstown All Star Village,
LLC, as owned by Martin and Brenda Patton, which point lies N 87°55'13"
W a distance of 149.37' from the northeast corner of the Patton lands;
thence N 74°30'18" W a distance of 51.50 feet to a point; thence S
15°29'42" W a distance of 2.00 feet to a point; thence N 74°30'18" W a
distance of 14.00 feet to a point; thence S 15°29'42" W a distance of
19.20 feet to a point; thence S 74°30'18" E a distance of 14.20 feet to
a point; thence S 15°29'42" W a distance of 4.20 feet; thence S
74°30'18" E a distance of 51.30 feet to a point; thence N 15°29'42" E a
distance of 25.40 feet to a point to the point and place of beginning.
Containing an area of 1576.06 square feet, or 0.036 acres with such
bearings referencing Magnetic North 1995.
This survey is subject to any rights of way or easements which may have
been granted to utility companies; or (x) Notwithstanding any other
provision of law to the contrary, the state liquor authority may issue a
license under section fifty-one-a of this chapter to the owner and/or
operator of the parcel described in this subparagraph. The legal
description for the parcel so identified as the site is as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the city of Syracuse,
County of Onondaga and State of New York being more particularly
described as follows:
Beginning at a point in the easterly line of North Clinton Street,
said point being approximately 518.65 feet southerly along the easterly
line of North Clinton Street from its intersection with the southerly
line of Division Street; thence N. 76° 43' 56" E. a distance of 133.65
feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
point; thence N. 71° 07' 02" E a distance of 16.99 feet to a point in
the westerly line of Genant Drive; thence southeasterly along the
westerly line of Genant Drive on a curve to the right with a radius of
643.94 feet, an arc length of 77.63 feet and a chord of S. 16° 43' 54"
E. with a distance of 77.58' to the point of tangency; thence S. 13° 17'
52" E. a distance of 265.92 feet to a point; thence on a curve to the
right with a radius of 55 feet, an arc length of 57.02 feet and a chord
of S. 16° 23' 37" W. with a distance of 54.53 feet to the point of
tangency; thence S. 59° 31' 29" W. a distance of 24.64 feet to a point;
thence S. 71° 26' 56" W. a distance of 142.18 feet to a point in the
easterly line of N. Clinton Street; thence N. 28° 09' 10" W. a distance
of 364.86 feet to the point and place of beginning. Said parcel being
approximately 1.99 acres. The aforesaid described parcel is also shown
as Lot "1B" (331 Genant Drive) according to a map entitled "A Map of
Resubdivision of a portion of Block D in the Original Village of
Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State
of New York, Known as 431 and 311 Genant Drive" by James M. Zuccolotto,
Licensed Land Surveyor, dated March 20, 2001 and last revised May 21,
2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as
Map No. 9408.
EXCEPTING AND RESERVING THEREFROM, a permanent easement and
right-of-way benefiting Niagara Mohawk Power Corporation, its successors
and assigns, upon and across that portion of the above described
premises more particularly described as follows:
Beginning at a point in the easterly line of North Clinton Street,
said point being approximately 518.65 feet southerly along the easterly
line of North Clinton Street from its intersection with the southerly
line of Division Street; thence N. 76° 43' 56" E. a distance of 133.65
feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
point; thence N. 71° 07' 02" E a distance of 16.99 feet to a point in
the westerly line of Genant Drive; thence southeasterly along the
westerly line of Genant Drive on a curve to the right with a radius of
643.94 feet, an arc length of 68.17 feet to a point which is the
northeast corner of the Multi-Story Brick Building located on Lot "1B"
(311 Genant Drive) as shown on a map entitled "A Map of a Resubdivision
of a portion Of Block D in the Original Village of Syracuse into Lots 1A
and 1B, City of Syracuse, Onondaga County, State of New York, known as
431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land
Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed
in the Onondaga County Clerk's Office on May 28, 2002 as Map No. 9408
(the "Subdivision Map"); thence along the northerly line of said
Multi-Story Brick Building S. 76° 52' 55" W. a distance 283.21 feet to
the easterly line of North Clinton Street; thence N. 27° 59' 42" W. a
distance of 9.8' to the point and place of beginning. Said easement and
right-of-way shall be a permanent easement appurtenant, creating a
property right which shall run with the land, for the purpose of ingress
and egress by Niagara Mohawk Power Corporation, its successors and
assigns to the benefited parcel, identified as the Ash Street Substation
located on lot 1A (431 Genant Drive) as shown on the Subdivision Map,
and to access, maintain, repair, replace and remove the transformer and
containment pad and the two vaults, shown on the Subdivision Map, and
any appurtenant facilities or other property of Niagara Mohawk Power
Corporation located within said easement, provided that the Multi-Story
Brick Building, stairs and two air conditioning units shown on the
Subdivision Map and located in the easement area are part of the real
property conveyed herein and shall not be deemed to be property of
Niagara Mohawk Power Corporation.
ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
successors and assigns, from the parcel(s) described in this deed, the
permanent right-of-way and easement to operate, maintain, replace and/or
remove any and all existing gas and electric facilities, and all
appurtenant facilities thereto, as are now erected upon the premises
above described, including the full right, privileges and authority to
cross lands of the party of the second part to gain access to said
facilities, and also including the full right, privileges and authority
to cut and remove all trees, structures, and other obstructions within
the permanent right-of-way, together with the right to cut and remove
any trees outside the permanent right-of-way which in the sole opinion
of Niagara Mohawk Power Corporation, its successors and assigns, are
deemed likely to interfere with or pose a hazard to the facilities,
provided that the Multi-Story Brick Building, stairs and two air
conditioning units shown on the Subdivision Map shall not be removed or
modified by Niagara Mohawk Power Corporation, its successors and
assigns, pursuant to this Right-of-Way and Easement.
ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
successors and assigns, the permanent right-of-way and easement to
operate, maintain, build, construct, replace and/or remove electric and
gas distribution facilities within ten (10) feet of the edge of any
highway(s) abutting the premises herein deemed necessary by said Niagara
Mohawk Power Corporation, its successors and assigns, said easement to
include the full right, privilege and authority to cut and remove all
trees, structures, and obstructions within said easement deemed
necessary by Niagara Mohawk Power Corporation, provided that the
Multi-Story Brick Building shown on the Subdivision Map shall not be
removed or modified by Niagara Mohawk Power Corporation, its successors
and assigns, pursuant to this right-of-way and easement; or (xi) ALL
that certain plot, piece or parcel of land, situate, lying and being in
the Town of Greenburgh, County of Westchester and State of New York,
being bounded and described as follows:
BEGINNING at a point on the easterly side of Saw Mill River Road where
the same is intersected by the division line between premises
hereinafter described and lands now or formerly of One Riverdale Ave.
Development Co., Inc., said point being North 11 Degrees 23' 24" West
22.83 feet from the former North East corner of Saw Mill River Road and
Hunter Lane;
THENCE along said division line, North 82 Degrees 18' 00" East 647.08
feet to land now or formerly of One Riverdale Ave. Development Co.,
Inc.;
THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet
and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of
lands now or formerly of Hodes Daniels;
THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet,
South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West
120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east
side of Saw Mill River Road;
THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet
and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING;
or
(xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Tenth
Ward of the City of Troy, County of Rensselaer and State of New York,
known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five
(5), A Five (A5) and the southerly portions of Lots Four (4) and A Four
(A4), as the same are laid down and described on a certain Map made by
Frederick W. Orr, dated August 15, 1918, filed in the Office of the
Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said
premises hereby intended to be conveyed are bounded and described as
follows:
COMMENCING at an iron rod in the westerly side of River Street at the
most southeasterly corner of premises heretofore conveyed by Harry
Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed
dated November 8, 1940, recorded November 12, 1940 In the Office of the
Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and
running thence southerly along the westerly line of River Street 215.6
feet to a pipe in the most southeasterly corner of Lot No. A7; thence
westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more
or less to the easterly shore of the Hudson River; thence northerly
along the easterly shore of the Hudson River 216 feet more or less to
the most southwesterly corner of land heretofore conveyed by the said
Harry Goldberg and Norman Goldberg to Arthur E. Collins and another
hereinbefore recited; thence along the southerly line of lands
heretofore conveyed to said Collins and another easterly 31.75 feet;
thence northerly 6.33 feet; thence easterly 18 feet; thence southerly
6.33 feet; thence easterly 150.57 feet to the point or place of
beginning.
EXCEPTING THEREFROM that portion of the above described premises as
were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory,
Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County
Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,
Containing 17,600 square feet of land more or less.
BEARINGS refer to the magnetic meridian of 1993. Said premises are
also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage
and depth 115.60 x 220.00 being the same premises described in Book 6534
of Deeds at Page 256 in the Rensselaer County Clerk's Office and being
the same premises in the 2009 City of Troy Assessment Rolls and
90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,
ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded
and described as follows: BEGINNING at a point marked by a capped iron
rod where the division line between lands now or formerly of Walter
Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands
herein described on the southwest intersects the northwesterly side of
River Street; running thence South 40° 01' 52" West along the
northwesterly side of River Street a distance of 100.00 feet to a point;
thence North 49° 45' 31" West a distance of 41.97 feet to a point at the
southwesterly corner of the building located on the herein described
premises, said point also being the northeasterly corner of the building
located on the property adjoining on the southwest; thence North 60° 59'
40" West along the building wall located on the property adjoining on
the southwest and the northwesterly continuation of same a distance of
140.88 feet to the easterly shore of the Hudson River; thence North 30°
16' 52" East along the shore of the Hudson River a distance of 90.90
feet to a point; thence South 60° 44' 08" East along lands now or
formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a
distance of 31.75 feet to a point; thence North 30° 16' 52" East
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 6.33 feet to a point; thence South 60° 44' 08" East
continuing along lands now or formerly of Walter Snyder Printer, Inc a
distance of 18.00 feet to a point; thence South 30° 16' 52" West
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 6.33 feet to a point; thence South 60° 44' 08" East
continuing along lands now or formerly of Walter Snyder Printer, Inc. a
distance of 149.40 feet to the point and place of beginning. Be the
aforesaid dimensions in this clause more or less and encompassing lands
considered to be a single contiguous parcel.
The provisions of this paragraph shall not apply to any premises
licensed under section sixty-four of this chapter in which a
manufacturer or wholesaler holds a direct or indirect interest, provided
that: (I) said premises consist of an interactive entertainment facility
which predominantly offers interactive computer and video entertainment
attractions, and other games and also offers themed merchandise and food
and beverages, (II) the sale of alcoholic beverages within the premises
shall be restricted to an area consisting of not more than twenty-five
percent of the total interior floor area of the premises, (III) the
retail licenses shall derive not less than sixty-five percent of the
total revenue generated by the facility from interactive video
entertainment activities and other games, including related attractions
and sales of merchandise other than food and alcoholic beverages, (IV)
the interested manufacturer or wholesaler, or its parent company, shall
be listed on a national securities exchange and its direct or indirect
equity interest in the retail licensee shall not exceed twenty-five
percent, (V) no more than fifteen percent of said licensee's purchases
of alcoholic beverages for sale in the premises shall be products
produced or distributed by the manufacturer or wholesaler, (VI) neither
the name of the manufacturer or wholesaler nor the name of any brand of
alcoholic beverage produced or distributed by said manufacturer or
wholesaler shall be part of the name of the premises, (VII) the name of
the manufacturer or wholesaler or the name of products sold or
distributed by such manufacturer or wholesaler shall not be identified
on signage affixed to either the interior or the exterior of the
premises in any fashion, (VIII) promotions involving alcoholic beverages
produced or distributed by the manufacturer or wholesaler are not held
in such premises and further, retail and consumer advertising
specialties bearing the name of the manufacturer or wholesaler or the
name of alcoholic beverages produced or distributed by the manufacturer
or wholesaler are not utilized in any fashion, given away or sold in
said premises, and (IX) except to the extent provided in this paragraph,
the licensing of each premises covered by this exception is subject to
all provisions of section sixty-four of this chapter, including but not
limited to liquor authority approval of the specific location thereof.
The provisions of this paragraph shall not prohibit (1) a manufacturer
or wholesaler, if an individual, or a partner, of a partnership, or, if
a corporation, an officer or director thereof, from being an officer or
director of a duly licensed charitable organization which is the holder
of a license for on-premises consumption under this chapter, nor (2) a
manufacturer from acquiring any such premises if the liquor authority
first consents thereto after determining, upon such proofs as it shall
deem sufficient, that such premises is contiguous to the licensed
premises of such manufacturer, and is reasonably necessary for the
expansion of the facilities of such manufacturer. After any such
acquisition, it shall be illegal for a manufacturer acquiring any such
premises to sell or deliver alcoholic beverages manufactured by him to
any licensee occupying such premises; or
(xiii) any such premises or business located in the Town of Carmel,
County of Putnam, State of New York, and being more particularly bounded
and described as follows:
BEGINNING at a point on the westerly side of U.S. Route 6 where the
same is intersected by Lot No. 1 as shown on "Minor Subdivision Plat
Prepared for Hinckley Holdings LLC Between Tax Lots 55.10-1-1, 55.10-1-3
& 55.6-1-53," filed in the Putnam County Clerks' office on July 18, 2018
as filed map no. 3196 and lands now or formerly of the Putnam County
Bike path; THENCE from said point of beginning along the westerly side
of U.S. Route 6, S 14° 39' 25" E 16.79' to the intersection of Lot Nos.
1 & 3 as shown on the aforementioned filed map no. 3196; THENCE along
the dividing line between Lot Nos. 1 & 3 as shown on the aforementioned
filed map no. 3196, S 75° 20' 35" W 6.53' to a point on a curve to the
right; THENCE along said curve to the right with a radius of 150.00', a
length of 49.19' and a central angle of 18° 47' 25" to a point; thence N
85° 52' 00" W 743.76', S 2° 05' 46" W 866.14' and N 88° 19' 25" W
258.90' to a point at the intersection of Lot Nos. 1, 2, & 3 as shown on
the aforementioned filed map no. 3196; THENCE along the dividing line
between Lot Nos. 1 & 2 as shown on the aforementioned filed map no.
3196, N 28° 38' 52" W 218.96' and N 77° 16' 24" W 239.77' to a point on
a curve to the right; THENCE along said curve to the right with a radial
bearing of S 84° 14' 21" E, a radius of 150.00', a length of 14.91' and
a central angle of 5° 41' 49" to a point; thence N 11° 27' 28" E 300.64'
to a point on a curve to the left; THENCE along said curve to the left
with a radius of 70.00', a length of 121.16' and a central angle of 99°
10' 18" to a point; THENCE N 87° 42' 50" W 58.65' to a point on the
easterly side of Seminary Hill Road; THENCE along the easterly side of
Seminary Hill Road, N 24° 43' 45" E 16.72', N 22° 06' 20" E 413.76', N
31° 12' 50" E 6.29', N 43° 03' 10" E 4.16' and N 42° 32' 19" E 6.72' to
a point at the intersection of Lot No. 1 as shown on the aforementioned
filed map no. 3196 and lands now or formerly of the Putnam County
Bikepath; THENCE along the dividing line between Lot No. 1 as shown on
the aforementioned filed map no. 3196 and lands now or formerly of the
Putnam County Bikepath, N 63° 24' 48" E 12.80', N 72° 52' 19" E 17.05',
S 68° 45' 13" E 41.08', S 88° 19' 31" E 215.42', S 29° 05' 17" E 71.85',
S 74° 05' 17" E 393.67' and S 85° 52' 00" E 617.85' to the point and
place of BEGINNING. Containing within said bounds 13.003 acres of land
more or less.
* (xiv) ALSO ALL THOSE TRACT OR PARCEL OF LAND, situate, lying and
being in the Village of South Glens Falls, County of Saratoga and State
of New York, being more particularly bounded and described as follows:
BEGINNING at a point at the southwest corner of the herein described
parcel. Also being the southeast corner of Lands of Village of South
Glens Falls (L. 1448 P. 709) and being on the north boundary of West
Marion Street, thence from said point of beginning: n 21-21'-57" E
150.72 feet along lands of the Village of South Glens Falls to a point
on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04
feet along lands of Village of South Glens Falls and Mounir Rahal to a
point at the southeast corner of Rahal and on the west boundary of U.S.
Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the
intersection of the west boundary of Rte. 9 and the north boundary of
West Marion Street, thence North 67-32'-32" West 189.29 feet along West
Marion Street to the point and place of beginning. Said parcel
containing 0.507 plus or minus acres; or
* NB There are 4 sbpar (xiv)'s
* (xiv) ALL that certain plot, piece or parcel of land, situate, lying
and being a part of a condominium in the Town of East Hampton, County of
Suffolk and State of New York, known and designated as Unit No. 109,
together with a 6.167% undivided interest in the common elements of the
condominium hereinafter described as the same is defined in the
Declaration of Condominium herein after referred to.
THE Condominium Unit (hereinafter referred to as the Unit) known as a
Unit, said unit being designated in the Town of East Hampton, on "Map of
East Hampton Office Park Condominium" filed 2/6/91 as map No. 237, and
described as Unit No 109 in a certain Declaration dated 1/22/91, made by
Pantigo Office Associates, Inc. Pursuant to Article 9-B of the Real
Property Law of the State of New York, establishing a plan for
Condominium ownership of the Building and Land upon which the building
is situate, described below, which Declaration was recorded in the
Suffolk County Clerk's Office on 2/6/91 in Liber 11215 cp 01, as may be
amended. Notwithstanding section one hundred seven-a of this article,
the retail licensee and brand owner located at the premises described in
subparagraph (xviii) of paragraph (a) of subdivision thirteen of section
one hundred six of this article may designate the importer licensee
located at the premises described in this subparagraph as owner of such
brands for purposes of brand label registration and price scheduling
under this chapter.
* NB There are 4 sbpar (xiv)'s
* (xiv) any such premises or business constituting an alcoholic
beverage manufacturer or wholesaler in the town of Hyde Park, county of
Dutchess owned and operated by the Culinary Institute of America, a
not-for-profit 501(c)(3) higher education institution chartered by the
New York state board of regents located at:
SCHEDULE A
ALL that certain tract, lot and parcel of land lying and being in the
Town of Hyde Park, County of Dutchess and State of New York, being more
particularly described as follows:
BEGINNING at a point on the easterly side of Albany Post Road (NYS
Route 9), said point being the southwesterly corner of the herein
described premises and the northwesterly corner of lands now or formerly
of Traver; running thence along the said easterly side of Albany Post
Road the following four (4) courses and distances: North 03° 15' 30"
East 68.91 feet, North 09° 35' 20" East 31.09 feet, North 06° 53' 00"
East 148.62 feet, and North 12° 25' 00" East 62.03 feet to the corner
formed by the intersection of the said easterly side of Albany Post Road
and the Southerly side of West Dorsey Lane; running thence along the
said southerly side of West Dorsey Lane North 38° 26' 00" East 25.02
feet, North 63° 13' 00" East 37.83 feet, and North 67° 25' 00" East
121.38 feet to the northwest corner of lands now or formerly of
Firneiss; running thence along the westerly and southerly line of lands
now or formerly of Firneiss, South 03° 16' 59" East 179.57 feet and
South 79° 13' 59" East 121.73 feet to lands now or formerly of Maidman;
running thence along the westerly line of lands now or formerly of
Maidman South 28° 34' 00" West 105.08 feet, South 32° 18' 00", East
12.15 feet, and South 35° 55' 00" West 193.04 feet to lands now or
formerly of Traver; running thence along lands now or formerly of Traver
North 68° 00' 00" West 188.12 feet to the said easterly side of Albany
Post Road, the point or place of beginning.
EXCEPTING AND RESERVING THEREFROM:
ALL that piece or parcel of property hereinafter designated as Parcel
No. 72, being a portion of Section 6063-02, Parcel 987506, as shown on
the Official Tax Map, situate in the Town of Hyde Park, County of
Dutchess, State of New York as shown on the accompanying map and
described as follows:
PARCEL NO. 72
BEGINNING at a point on the southeasterly boundary of the existing
West Dorsey Lane at the intersection of the said boundary with the
division line between the property of Herbert Redl (reputed owner) on
the west and the property of Michael Firneiss and Margaretha Firneiss
(reputed owner) on the east, said point being 160+ feet distant
easterly, measured at right angles, from station H2654-74+ of the
hereinafter described survey baseline for the reconstruction of the
Poughkeepsie-Hyde Park State Highway No. 453; thence southerly along
said division line 59+ feet to a point 168+ feet distant easterly,
measured at right angles, from station H265+16+ of said baseline; thence
through the property of Herbert Redl (reputed owner) the following two
(2) courses and distances: (1) South 74° 03'-27" West 68+ feet to a
point 101.00 feet distant easterly, measured at right angles, from
station H265+08.00 of said baseline; and (2) North 30° 39' 40" West, 32+
feet to a point on the southerly boundary of said existing West Dorsey
Lane, the last mentioned point being 86± feet distant easterly, measured
at right angles, from station H265+37+ of said baseline; thence
northeasterly along the last mentioned boundary of said existing West
Dorsey Lane, 83+ feet to the point of beginning; being 3,327 square feet
or 0.076 acre more or less.
The above mentioned survey baseline is a portion of the 1988 survey
baseline for the reconstruction of the Poughkeepsie-Hyde Park, State
Highway No. 453 as shown on a map and plan on file in the office of the
State Department of Transportation and described as follows:
BEGINNING at a station H258+36.14; thence North 09° 19'45" West to
station H267+62.73.
ALL bearings referred to TRUE NORTH at the 74' - 20' MERIDIAN OF WEST
LONGITUDE.
SUBJECT to utility company agreements, easements, covenants,
conditions and restrictions of record.
SUBJECT to the following restrictions, to run with the land in
perpetuity and be enforceable at law or in equity by the party of the
first part, its successors and assigns:
(i) the premises may not be used, in whole or in part, for any form of
live entertainment including, but not limited to, bands or DJ's, at any
time; provided however, this restriction shall automatically terminate
five (5) years from the date of this deed; and
(ii) if the premises are used to serve any form of alcoholic beverage,
the premises must be closed for business no later than 11:59 o'clock
p.m. every day; provided, however, this restriction shall automatically
terminate five (5) years from the date of this deed.
The party of the second part waives and releases any claim that said
restrictions are unenforceable for any reason, including the allegation
that such restrictions constitute a restraint upon alienation, are an
unreasonable restriction or restraint on business or economic
development, are a violation of any law, regulation or right, or that
they are not for the benefit of adjoining lands, or are not part of a
common scheme or plan, it being clearly understood and expressly agreed
by the parties that these restrictions are for the benefit of the party
of the first part's other businesses and properties, for the term set
forth above both now and hereafter, and that the lack of such
restrictions will damage and harm the grantor, its successors and
assigns. Without all of these restrictions, the party of the first part
would not sell the premises to the party of the second part. In any
proceeding to enforce said restrictions or prevent the violation
thereof, the party of the first part shall be entitled to judgment for
its costs and reasonable attorney's fees.
The parties execute this deed to acknowledge the preceding
restrictions.
The premises are not in an agricultural district and are entirely
owned by the transferor.
This conveyance was unanimously approved by the board of directors of
the grantor corporation and all of its shareholders. This statement is
made pursuant to Section 909 of the Business Corporation Law.
SCHEDULE B
ALL that plot, piece or parcel of land situate and being in the Town
of Hyde Park, County of Dutchess and State of New York, bounded and
described as follows:
BEGINNING at a point on the westerly boundary of US Route 9, (AKA
Albany Post Road), said point being the southeasterly corner of the
herein described parcel and said point being the northeasterly corner of
the lands now or formerly of St Andrews Chapel; thence along the
division line between the herein described parcel and said lands now or
formerly of St Andrews Chapel; N 75°47'50" W 14.13 feet, N 88°00'00" W
19.26 feet, S 89°03'40" W 71.81 feet, N 85°27'10" W 26.53 feet, N
78°46'10" W 19.94 feet, N 67°29'50" W 16.69 feet, N 59°35'20" W 19.23
feet, N 38°17'40" W 23.84 feet, N 24°05'30" W 19.00 feet, N 09°55'10" W
37.76 feet, N 14°28'00" W 46.56 feet, N 27°34'30" W 37.18 feet, N
41°31'30" W 33.65 feet, N 49°50'10" W 23.03 feet, N 53°39'00" W 32.91
feet, S 14°48'10" W 3.06 feet, S 44°29'40" W 7.00 feet, S 44°31'13" W
59.42 feet, S 49°07'20" 18.46 feet, S 71°48'50" W 21.08 feet, N
79°41'00" W 22.25 feet and 12°45'40" W 164.91 feet to a point on the
northerly boundary of Marilyn C. Hoe as described in Liber 1859 of deeds
at page 118; thence along the division line between the herein described
parcel and said lands now or formerly of Hoe, N 77°14'20" W 144.93 feet,
N 78°11'10" W 166.93 feet, N 77°46'10" W 113.88 feet, N 75°19'10° W
99.31 feet and N 76°27'50" W 255.82 feet to a point on the easterly
bounds of the lands now or formerly of New York Central Lines LLC as
described in deed document # 02-1999-5513; thence along the division
line between the herein described parcel and said lands now or formerly
of New York Central Lines LLC, N 07°10'10" E 386.40 feet, S 81°18'10" E
12.00 feet, N 08°41'50" E 600.00 feet, N 12°59'10" E 200.56 feet and N
08°41'50" E 151.13 feet to the point of curvature of a non-tangent curve
to the right having a radius of 3010.00 feet; thence northeasterly along
said curve an arc length of 240.05 feet, having a chord bearing N
10°57'40" E 239.98 feet to a point; thence N 76°46'30" W 10.00 feet, N
13°13'30" E 499.68 feet and N 02°20'30" E 132.97 feet to the point of
curvature of a non-tangent curve to the left having a radius of 4077.00
feet; thence northeasterly along said curve an arc length of 249.92
feet, having a chord bearing N 11°02'44" E 249.88 feet to a point;
thence N 25°43'50" E 134.21 feet, N 07°55'30" E 257.99 feet, N 07°21'10"
W 285.52 feet, N 02°27'50" E 482.00 feet, N 47°10'10" W 26.25 feet, N
02°27'50" E 466.37 feet and N 87°32'10" W 20.00 feet to the point of
curvature of a non-tangent curve to the left having a radius of 3165.00
feet; thence northwesterly along said curve an arc length of 293.54
feet, having a chord bearing N 00°11'31" W 293.43 feet to a point;
thence N 01°22'30" E 110.01 feet to the point of curvature of a
non-tangent curve to the left having a radius of 3175.00 feet; thence
northwesterly along said curve an arc length of 141.96 feet, having a
chord bearing N 06°06'27" W 141.95 feet to a point; thence along the
division line between the herein described parcel and the lands now or
formerly of the United States of America as described in deed document
402-2002-4850 and designated as Lot 1 as shown on Filed Map #10481, S
36°25'00" E 87.53 feet, S 57°59'40" E 52.51 feet, S 77°19'10" E 166.22
feet, S 77°55'50" E 100.43 feet, S 77°40'40" E 107.11 feet, N 35°39'40"
E 233.03 feet, N 36°54'30" E 105.52 feet, N 69°23'50" E 179.67 feet, N
35°19'50" E 60.26 feet, N 60°24'40" E 155.25 feet, N 08°43'28" E 923.94
feet, S 77°31'22" E 34.05 feet, N 28°59'38" E 583.86 feet and S
77°26'02" E 436.02 feet to a point; thence along the division line
between the herein described parcel and the lands now or formerly of
Gardner and Donna Van Valkenburg as described in deed document
#02-2001-10201 and also along the lands now or formerly of Edwin D. Beck
as described in Liber 1697 of deeds at page 301, S 14°34'48" W 95.96
feet, N 75°25'12" W 10.00 feet, S 14°34'48" W 125.00 feet, S 75°25'12" E
10.00 feet, S 14°34'48" W 325.00 feet and S 75°25'12" E 203.05 feet to a
point on the westerly bounds of U.S. Route 9; thence along the westerly
bounds of U.S. Route 9, S 14°12'43" W 366.41 feet, N 75°47'17" W 3.21
feet, S 16°51'36" W 357.10 feet, S 16°51'37" W 264.56 feet, S 17°21'41"
W 200.79 feet, S 06°47'36" W 236.91 feet, S 03°54'03" E 113.84 feet, S
11°33'18" W 168.19 feet, S 11°33'18" W 144.66 feet, S 24°42'50" W 210.43
feet, S 14°35'17" W 42.95 feet, S 15°01'19" W 27.66 feet, S 11°16'33" E.
114.76 feet, S 11°22'40" W 1485.99 feet, S 02°37'22" W 92.32 feet, S
07°24'10" W 114.00 feet, S 11°34'59" W 200.60 feet, S 06°37'42" W 438.02
feet, S 09°11'00" W 460.65 feet, S 13°21'53" W 180.57 feet, S 18°59'07"
W 45.72 feet, S 21°30'45" W 19.23 feet, S 10°46'21" W 148.66 feet, S
16°10'46" W 157.35 feet, S 09°41'50" W 135.29 feet, and S 16°37'07" W
229.64 feet to the point or place of beginning.
CONTAINING 171.33 ACRES OF LAND MORE OR LESS.
EXCEPTING and reserving all that plot, piece or parcel of land situate
and being in the Town of Hyde Park, County of Dutchess and State of New
York, known as St. Andrews Cemetery, bounded and described as follows:
BEGINNING at the southeasterly corner of the herein described parcel,
said point being located N 12°20'30" E 32.21 feet from the southwesterly
corner of the lands of the Culinary Institute of America as described in
Liber 1666 of deeds at page 607, thence along the division line between
the herein described parcel and said lands of the Culinary Institute of
America, N 77°39'30" W 331.51 feet, N 12°20'30" E 373.20 feet, S
77°39'30" E 331.51 feet and S 12°20'30" W 373.20 feet to the point or
place of beginning.
CONTAINING 2.84 ACRES OF LAND MORE OR LESS.
* NB There are 4 sbpar (xiv)'s
* (xiv) ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and being at
Bay Shore, in the town of Islip, county of Suffolk and state of New
York, bounded and described as follows:
BEGINNING at a point on the northerly side of Spur Drive North distant
143.78 feet westerly from the corner formed by the intersection of the
northerly side of Spur Drive North and the westerly side of Fifth
Avenue;
RUNNUNG THENCE South 86 degrees 45 minutes 15 seconds West along the
northerly side of Spur Drive North 175.00 feet;
THENCE North 43 degrees 41 minutes 20 seconds West 32.44 feet to the
easterly side of 5th Industrial Court;
THENCE North 5 degrees 52 minutes 00 seconds East along the easterly
side of 5th Industrial Court 175.00 feet;
THENCE North 86 degrees 45 minutes 15 seconds East 200.00 feet;
THENCE South 5 degrees 52 minutes 00 seconds West 200 feet to the
northerly side of Spur Dive North and the point or place of BEGINNING.
Being and intended to be the same premises as conveyed to the Grantor
herein by deed January 7, 2000 and recorded January 24, 2000 in Liber
12015, page 422. Notwithstanding section one hundred seven-a of this
article, the retail licensee and brand owner located at the premises
described in subparagraph (xviii) of paragraph (a) of subdivision
thirteen of section one hundred six of this article and further
identified as Parcel A in such subparagraph may designate the
manufacturer licensee located at the premises described in this
subparagraph as owner of such brands for purposes of brand label
registration and price scheduling under this chapter.
* NB There are 4 sbpar (xiv)'s
(xv) any such premises located on that certain tract or parcel of
land, situate in the City of Rochester, County of Monroe and State of
New York, bounded and described as follows:
BEGINNING at a point on the northerly right-of-way line of East
Avenue; said point being easterly 125.43 feet from the easterly
right-of-way line of Alexander Street, as measured along said northerly
right-of-way line of East Avenue; thence,
1. N 07° 17' 46" E, a distance of 218.26 feet to a point; thence,
2. N 39° 14' 18" W, a distance of 27.51 feet to a point; thence,
3. N 20° 00' 35" E, a distance of 121.48 feet to a point; thence,
4. N 39° 47' 19" W, a distance of 32.64 feet to a point; thence,
5. .S 74° 12' 52" W, a distance of 30.93 feet to the point of
intersection with the aforementioned easterly right-of-way line of
Alexander Street; thence the following three (3) courses along said
easterly right-of-way line.
6. N 20° 04' 36" E, a distance of 210.80 feet to an angle point;
thence;
7. N 20° 23' 26" E, a distance of 48.84 feet to a point of
intersection with the common line dividing lands at 390 East Avenue on
the south and lands of 350 Alexander Street on the north; thence,
8. N 20° 23' 26" E, continuing along the easterly right-of-way line, a
distance of 141.65 feet to a point; thence,
9. S 68° 41' 56" E, a distance of 81.10 feet to a point; thence,
10. S 21° 46' 08" W, a distance of 142.27 feet to a point; thence,
11. S 68° 13' 59" E, a distance of 92.32 feet to a point; thence,
12. S 20° 04' 36" W, a distance of 600.00 feet to a point of
intersection with the aforementioned northerly right-of-way line of East
Avenue; thence,
13. N 71° 32' 04" W, along said northerly right-of-way line, a
distance of 44.84 feet to the Point of Beginning,
TOGETHER WITH THE BENEFITS and subject of the burdens of a certain
Easement Agreement for Ingress, Egress & Parking by and between City
East LLC and 384 East Avenue Inn of Rochester, LLC dated February 22,
2017 and recorded February 23, 2017 in Liber 11824 of Deeds, page 507,
as amended by a certain Amended and Restated Easement Agreement for
Ingress, Egress & Parking by and between City East LLC and 384 East
Avenue Inn of Rochester, LLC dated October 10, 2019 and recorded October
15, 2019 in Liber 12254 of Deeds page 451.
(xvi) any such premises located on that certain piece or 2.68 acre
parcel of land situate in the Village of Lake Placid, Town of North
Elba, County of Essex, State of New York being part of Lot 279, Township
11, Old Military Tract, Richards' Survey lying northeast of Searle Lane,
so-called, fka Park Place, Rider Street, New Street, and Shadyside, a
partially opened street maintained by the Village of Lake Placid and
Mirror Lake Drive, so-called fka Lake Placid Club Drive, Shore Drive,
and Mirror Street, a village maintained street, and said parcel being
more particularly described as follows:
Beginning at a point in the center of Searle Lane at the most southerly
corner of the premises; Thence, North 36° 50' 00" West, 498.55 feet
along the center of Searle Lane to a point in the bounds of Mirror Lake
Drive, and being the most westerly corner of the premises; Thence, North
37° 10' 00" East, 255.37 feet along the bounds of Mirror Lake Drive to a
point at the most northerly corner of the premises; Thence, South 52°
50' 00" East, 95.66 feet along a line parallel to and thirty-six feet
(36') distant from the north wall of the "dorm", so-called, to a point;
Thence, South 23° 43' 00" East, 80.00 feet along a line parallel to and
thirty feet (30') distant from the east wall of the "dorm" to a point;
Thence, South 00° 24' 00" East, 293.48 feet along the east line of the
premises to an angle point; Thence, South 36° 50' 00" East, 150.00 feet
along the east line of the premises to an angle point and being the most
easterly corner; Thence, South 53° 10' 00" West, 135.00 feet along the
southeast line of the premises to the Point-of-Beginning and
encompassing therein 2.68 acres more or less. All bearings are oriented
to NYS Grid North, East Zone. Together with all right, title and
interest in and to the land to the center of Mirror Lake Drive as it
abuts the premises herein above described. Granting and Reserving all
structures, wires, lines, easements of record, if any, for public
utilities and highway purposes as the same now exist upon or affect the
premises hereinabove described. Being part of the premises conveyed by
Lake Placid Land Corporation to Placid Gold, LLC by deed dated the 24th
day of May 1996 and recorded in the Essex County Clerk's Office in Deed
Book 1113 at Page 302. The lands conveyed are subject to the Terms and
Conditions of Adirondack Park Agency Permit Nos. 96-316, 96-316A,
96-316A, 97-38, 97-38A, 98-307, 98-307A which are binding upon the
heirs, successors and assigns of the grantors and all subsequent
grantees. Said parcel being the Dormitory lot and Lot Nos. 1, 2, 3 and 4
of the Executive Lodge Subdivision, Section 1, Lake Placid Resort, filed
in the Essex County Clerk's Office as Map No. 3057 the 6th day of May
1981 and depicted on the 2010 Village of Lake Placid Tax Map No. 042.0HL
in Block 7 as Parcel 29,000.
(b) Make, or cause to be made, any loan to any person engaged in the
manufacture or sale of any alcoholic beverage at wholesale or retail.
(c) Make any gift or render any service of any kind whatsoever,
directly or indirectly, to any person licensed under this chapter which
in the judgment of the liquor authority may tend to influence such
licensee to purchase the product of such manufacturer or wholesaler. The
provisions of this paragraph shall not be construed to prevent a
manufacturer or wholesaler from entertaining a licensee at lunch or
dinner, or to prevent a manufacturer or wholesaler from participating in
or supporting bona fide retailer association activities such as, but not
limited to, associate memberships, dinners, conventions, trade shows,
product tastings and product education where such participation is in
reasonable amounts and does not reach proportions that indicate attempts
to influence the purchase of products of contributing manufacturers and
wholesalers by the members of such retailer associations.
(d) Enter into any contract with any retail licensee whereby such
licensee agrees to confine his sales to alcoholic beverages manufactured
or sold by one or more such manufacturers or wholesalers. Any such
contract shall be void and subject the licenses of all parties concerned
to revocation.
(e) The prohibitions and restrictions contained in paragraphs b, c and
d above shall not apply to any contractual arrangements between a
licensed manufacturer or wholesaler and a licensed retailer where such
manufacturer or wholesaler has made a substantial investment, directly
or through such retailer, in the construction, capitalization or
furnishing of any exhibit, facility or installation in the area leased
by the city of New York to New York World's Fair 1964-1965 Corporation,
pursuant to chapter four hundred twenty-eight of the laws of nineteen
hundred sixty, as amended, and such retailer is conducting his business
as a part of such exhibit or installation or is responsible to such
corporation for the construction, operation or maintenance of such
exhibit, facility or installation. This modification to the prohibitions
and restrictions contained in this paragraph shall continue until
November first, nineteen hundred sixty-five.
(f) The prohibitions and restrictions contained in paragraphs (b), (c)
and (d) of this subdivision shall not apply to any contractual or other
financial arrangements undertaken by the Culinary Institute of America
for the education purposes of such institute, including student
scholarships, academic building sponsorships, and Culinary Institute of
America event sponsorships that further the academic mission of the
Culinary Institute of America, where such contractual or other financial
arrangements are between a licensed manufacturer, wholesaler, or
retailer for on-premises consumption, and the Culinary Institute of
America, operating within the metes and bounds established by
subparagraph (xiv) of paragraph (a) of this subdivision.
1-a. The provisions of paragraph (a) of subdivision one of this
section shall not apply to any licensed manufacturer or wholesaler
located on the 35th floor of premises in the borough of Manhattan, city,
county and state of New York, bounded and described as follows:
beginning at the corner formed by the intersection of the easterly side
of Washington Street and the southerly side of Barclay Street; running
thence easterly along the southerly side of Barclay Street, the
following three (3) courses and distances: (1) South 88 degrees 37
minutes 20 seconds East 161.04 feet; (2) South 88 degrees 39 minutes 01
seconds East 67.81 feet; and (3) South 88 degrees 36 minutes 50 seconds
East 112.04 feet to the corner formed by the intersection of the
southerly side of Barclay Street and the westerly side of West Broadway;
thence southerly along the westerly side of West Broadway, the following
three (3) courses and distances: (1) South 13 degrees 29 minutes 10
seconds West 33.54 feet; (2) South 88 degrees 37 minutes 31 seconds East
7.16 feet; and (3) South 13 degrees 29 minutes 10 seconds West 172.20
feet to the corner formed by the intersection of the westerly side of
West Broadway and the northerly side of Vesey Street; thence westerly
along the northerly side of Vesey Street, North 88 degrees 37 minutes 31
seconds West 233.48 feet to the corner formed by the intersection of the
northerly side of Vesey Street and the easterly side of Washington
Street; and thence northerly along the easterly side of Washington
Street, North 18 degrees 10 minutes 00 seconds West 213.45 feet to the
point or place of beginning. Provided, however that, with respect to
such manufacturer's or wholesaler's interest in a retail licensee
located at premises described in paragraph (a-1) of subdivision thirteen
of section one hundred six of this article: (i) such interest must have
been acquired prior to the effective date of the chapter of the laws of
two thousand nineteen which added this subdivision; (ii) such
manufacturer or wholesaler may not sell alcoholic beverages directly to
such retail licensee; and (iii) no more than fifteen percent of the
annual dollar value of alcoholic beverages purchased by such retail
licensee for sale on the premises may be produced by any such
manufacturer.
2. Any lien, mortgage, or other interest or estate however, now held
by a manufacturer or wholesaler on the real property of any licensee,
which lien, mortgage, interest or estate was acquired on or before
December thirty-first, nineteen hundred and thirty-two, shall not be
included within the provisions of this section but the burden of
establishing the time of the accrual of the interest comprehended by
this subdivision shall be upon the person who claims to be entitled to
the protection and exemption afforded hereby.
3. Any interest or estate mentioned in this section held by a
manufacturer or wholesaler in an office building located in a city
having a population of five hundred thousand or more and in which is
located the licensed premises of such manufacturer or wholesaler shall
not prohibit (1) the issuance of licenses pursuant to section sixty-four
of this chapter for restaurant premises located in such building or (2)
said manufacturer or wholesaler from being interested directly or
indirectly in such restaurant premises, provided the building is not
less than five stories in height, both the building and the interior of
the restaurant premise have been granted landmark status in accordance
with applicable state or local law and space within the building is also
occupied by persons other than the manufacturer or wholesaler, and that
the rental for the retail premises applied for shall be comparable to
that for similar space in such building and similar buildings in the
immediate neighborhood; and provided further that the provisions of this
paragraph shall apply solely with respect to restaurant premises in a
building located on a parcel of land wholly within the boundaries of the
borough of Manhattan, city and county of New York, and bounded and
described as follows: beginning at a corner formed by the intersection
of the northerly side of East Fifty-second Street and the easterly side
of Park Avenue; running northerly along the easterly side of Park
Avenue, two hundred feet ten inches; thence easterly along the southerly
side of East Fifty-third Street; three hundred two feet; thence
southerly parallel with the easterly side of Park Avenue, one hundred
feet five inches to the center line of the block; thence westerly along
the center line of the block at right angles, seven feet; thence
southerly parallel with the easterly side of Park Avenue, one hundred
feet five inches to the northerly side of East Fifty-second Street; and
thence westerly along the northerly side of East Fifty-second Street two
hundred ninety-five feet to the corner of the point or place of
beginning. The exemption herein provided shall apply to only one
building and shall not be extended to any other building in which such
manufacturer or wholesaler shall have any interest or estate.
4. (a) Notwithstanding any other provision of law to the contrary, the
state liquor authority shall issue a license under section seventy-six-a
of this chapter to the New York State Wine and Culinary Center, Inc.
("center") situated at the premises known as: all that certain plot,
piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the City of Canandaigua, County of
Ontario and State of New York and being more particularly described as
follows: Being at an iron stake located on the northerly line of Village
Lot No. 9 where the same intersects the westerly line of South Main
Street; thence south 19 degrees 30' east along the westerly street line
of South Main Street a distance of 60 feet to an iron stake which is the
point and place of beginning; thence (1) south 69 degrees 54' west a
distance of 284.26 feet to an iron stake; thence (2) south 19 degrees
30' east a distance of 248 feet to an iron stake; thence (3) south 17
degrees 21' 10" west a distance of 120.05 feet to an iron stake; thence
(4) south 81 degrees 52' 20" east a distance of 236.63 feet to an iron
stake; thence (5) north 8 degrees 10' east a distance of 30 feet to an
iron stake; thence (6) south 81 degrees 50' east a distance of 100 feet
to an iron stake; thence (7) north 8 degrees 10' east a distance of
94.97 feet to an iron stake located on the westerly street line of South
Main Street; thence (8) north 19 degrees 30' west along the westerly
street line of South Main Street a distance of 392.52 feet to an iron
stake which is the point and place of beginning.
(b) The center may, but shall not be required to, produce wine as a
condition of such license.
(c) No person shall be disqualified from acting as a director,
officer, or employee of, or purveyor to, the center by reason of such
person holding a license under this law, or being affiliated with a
licensee under this law as a shareholder, partner, officer, director, or
employee.
(d) No person shall be disqualified from being a lender or lessor to
the center, or a donor, patron, contributor or sponsor from time to time
of the center through contributions in cash or in kind, on terms agreed
with the board of directors of the center, by reason of such person
holding a license under this law, or being affiliated with a licensee
under this law as a shareholder, partner, officer, director, or
employee. Such persons shall be entitled, regardless of their licensing
status under this law, to obtain all the benefits generally approved by
the board of directors of the center and offered to donors of similar
amounts.
(e) Notwithstanding any other provision of law to the contrary, the
center is expressly authorized to:
(i) sell New York state produced wines, beers, ciders and distilled
spirits for both on and off premise consumption;
(ii) offer tastings on the premises of such products and charge the
general public such amounts as it deems fit for such tastings. For
purposes of this section, tastings may be conducted in a common tasting
area on the premises;
(iii) provide banquet and entertainment facilities for the general
public for private parties in consideration of such fees as are
established by the board of directors of the center from time to time,
and to sell and serve at such events wines, ciders, malt beverages and
distilled spirits selected by persons hiring the facilities; and
(iv) hold through a wholly owned subsidiary a branch office permit at
the Finger Lakes Welcome Center situated at the premises known as:
All that tract or parcel of land situate in the City of Geneva, County
of Ontario, State of New York, all as shown on a map entitled "Existing
Building Exhibit Finger Lakes Welcome Center" prepared by Costich
Engineering D.P.C dated February 28, 2018 having dwg # 4750 VE110 and
being more particularly bounded and described as follows:
Beginning at the existing northwest corner of the One Story Frame
Finger Lakes Welcome Center having grid coordinates of N1046012.35 E
714603.03 referenced to the New York State Plane Coordinate System of
1983 Central Zone; thence Easterly, and along the existing building face
a distance of 52.3 feet to a point; thence Northerly, and along the
existing building face a distance of 5.3 feet to a point; thence
Easterly, and along the existing building face a distance of 40.3 feet
to a point; thence Southerly, and along the existing building face a
distance of 26.5 feet to a point; thence Easterly, and along the
existing building face a distance of 5.4 feet to a point; thence
Southerly, and along the existing building face a distance of 15.0 feet
to a point; thence Easterly, and along the existing building face a
distance of 8.5 feet to a point; thence Southerly, and along the
existing building face a distance of 31.3 feet to a point; thence
Westerly, and along the existing building face a distance of 28.1 feet
to a point; thence Northerly, and along the existing building face a
distance of 4.4 feet to a point; thence Westerly, and along the existing
building face a distance of 26.1 feet to a point; thence Southerly, and
along the existing building face a distance of 42.2 feet and continuing
southerly on the building extension line a distance of 28 feet
comprising a total distance of 70.2 feet to a point on the southerly
limit of the existing patio area; thence Westerly, and along the
southerly limits of the existing patio area a distance of 95 feet to a
point; thence Northerly, and along the westerly limits of the existing
patio area a distance of 11 feet to a point of curvature; thence
Northerly, along a curve to the left and along the westerly limits of
the existing patio area a distance of 19 feet to a point; thence
Northerly, and along the westerly limits of the existing patio area a
distance of 18 feet to a point; thence Easterly, and along the northerly
limits of the existing patio area a distance of 27 feet to a point on
the existing building face; thence Northerly, and along the existing
building face a distance of 45.7 feet to a point; thence Easterly, and
along the existing building face a distance of 28.1 feet to a point;
thence Northerly, and along the existing building face a distance of
44.9 feet to the point and place of beginning.
5. (a) Notwithstanding any other provision of law to the contrary, the
state liquor authority shall issue a license under section seventy-six-a
of this chapter to the Finger Lakes Wine Center, Inc. ("center")
situated at the premises known as:
All that tract or parcel of land situate in the City of Ithaca, County
of Tompkins and State of New York, bounded and described as follows:
PARCEL A:
BEGINNING at a point at the intersection of the easterly street line
of South Cayuga Street with the northerly street line of East Clinton
Street;
thence North 02 degrees 05 minutes 21 seconds West along the easterly
street line of South Cayuga Street a distance of 273.47 feet to a point;
thence North 87 degrees 29 minutes 52 seconds East a distance of 77.84
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of
108.17 feet to a point;
thence North 87 degrees 29 minutes 52 seconds East a distance of 46.83
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of
107.31 feet to a point;
thence North 87 degrees 29 minutes 52 seconds East a distance of 12.17
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of 24.70
feet to a point;
thence South 87 degrees 29 minutes 52 seconds West a distance of 12.17
feet to a point;
thence South 02 degrees 30 minutes 08 seconds East a distance of 33.50
feet to a point in the northerly street line of East Clinton Street;
thence South 87 degrees 35 minutes 39 seconds West a distance of
126.65 feet to the point of beginning, containing 0.680 acres of land.
SUBJECT to the following:
Restrictive covenants running with the land, contained in a Deed from
the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,
1976 and recorded in said Clerk's Office on July 13, 1977 in Liber 558
of Deeds at page 672.
Restrictive covenants running with the land, contained in a Deed from
the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,
1977 and recorded in said Clerk's Office on July 13, 1977 in Liber 558
of Deeds at page 684.
A right of way reserved to the Grantor to enter upon lands contained
within the boundary lines of Six Mile Creek to make excavations, remove
gravel and other material from the creek bed, erect walls and
embankments, etc., as granted by instrument of Salem Twist, et. al.
dated August 8, 1906 and recorded in the Tompkins County Clerk's Office
on January 31, 1907 in Liber 166 of Deeds at page 163.
Right of way for ingress and egress conveyed by instrument by and
between the Ithaca Urban Renewal Agency and D.M. Abbot Investors
Corporation dated May 17, 1967 and recorded in said Clerk's Office in
Liber 469 of Deeds at page 25.
The provisions of Exhibit A to the Air Rights Lease related to CDP's
access to the Premises for repairs and maintenance.
TOGETHER WITH:
1. A right of way for ingress and egress conveyed by instrument by and
between D.M. Abbott Investors Corp. and the Ithaca Urban Renewal Agency
dated November 24, 1967 and recorded in said Clerk's Office on January
21, 1969 in Liber 479 of Deeds at page 640; and
2. An easement in common with others over the premises shown as
"Parcel B" on the below-referenced survey map for ingress from and
egress to South Cayuga Street.
The above described premises are SHOWN AS "Parcel A" on a survey map
entitled "Boundary Map Showing Property Bounded North by East Green
Street, South by East Clinton Street, West by South Cayuga Street and
Southeast by Six Mile Creek, Designated for a Proposed Project 'Cayuga
Green at Six Mile Creek', City of Ithaca, Tompkins County, New York,"
dated November 20, 2003 and labeled as job number S02-530, prepared by
T.G. Miller, P.C., Engineers and Surveyors, hereinafter referred to as
"the Survey Map".
(b) The center may, but shall not be required to, produce wine as a
condition of such license.
(c) No person shall be disqualified from acting as a director,
officer, or employee of, or purveyor to, the center by reason of such
person holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee.
(d) No person shall be disqualified from being a lender or lessor to
the center, or a donor, patron, contributor or sponsor from time to time
of the center through contributions in cash or in kind, on terms agreed
with the board of directors of the center, by reason of such person
holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee. Such persons shall be entitled, regardless of
their licensing status under this chapter, to obtain all the benefits
generally approved by the board of directors of the center and offered
to donors of similar amounts.
(e) The center is expressly authorized to:
(i) charge the general public such amounts as it sees fit for the
tasting of New York state wines sold on the premises;
(ii) provide banquet and entertainment facilities for the general
public for private parties in consideration of such fees as are
established by the board of directors of the center from time to time
and to sell and serve at such events wines, malt beverages and distilled
spirits selected by persons hiring the facilities; and
(iii) provide for wine related and other educational classes as deemed
appropriate by the center, either alone or in conjunction with other
entities that conduct educational classes, and charge the general public
such amounts as it sees fit for the purpose of carrying out the
provisions of this subparagraph.
6. Notwithstanding any other provision of law to the contrary, the
state liquor authority may issue a license under subdivision two-c of
section sixty-one of this chapter to the owner and/or operator of the
parcels described in this paragraph. The legal descriptions for the
three parcels so identified as the site are as follows:
PARCEL A
All that piece or parcel of property situate in the Village of Lake
George, County of Warren, State of New York and being bounded and
described as follows:
BEGINNING at a point at the intersection of the southwesterly boundary
of Beach Road with the southeasterly boundary of lands now or formerly
of Holly RAJ Inc., and running thence southeasterly along the said
southwesterly boundary of Beach Road and the southwesterly boundary of
lands now or formerly of the Village of Lake George the following (9)
nine courses and distances: 1) South 47° 49' 51" East 49.20 feet to a
point; 2) South 41° 08' 51" East 50.18 feet to a point; 3) South 34° 19'
51" East 20.62 feet to a point; 4) South 34° 19' 51" East 29.38 feet to
a point; 5) South 28° 23' 51" East 54.00 feet to a point; 6) South 23°
28' 51" East 75.29 feet to a point; 7) South 25° 57' 51" East 130.22
feet to a point; 8) South 30° 43' 21" East 109.09 feet to a point; and
9) South 29° 21' 51" East 140.00 feet to a point in the northwesterly
boundary of the premises conveyed by The Counties of Warren and
Washington Industrial Development Agency to The Fort William Henry
Corporation by deed dated May 18, 1998 and recorded in the Warren County
Clerk's Office on May 28, 1998 in Liber 1066 of Deeds at Page 279;
thence South 60° 37' 18" West along the said northwesterly boundary of
the premises conveyed by The Counties of Warren and Washington
Industrial Development Agency to The Fort William Henry Corporation
70.01 feet to a point; thence northwesterly along the northeasterly
boundary of said premises conveyed by The Counties of Warren and
Washington Industrial Development Agency to The Fort William Henry
Corporation the following (5) five courses and distances: 1) North 29°
21' 51" West 139.17 feet to a point; 2) North 30° 43' 21" West 111.17
feet to a point; 3) North 25° 55' 51" West 130.20 feet to a point; 4)
North 26° 32' 41" West 145.00 feet to a point; and 5) North 42° 42' 21"
West 120.00 feet to a point in the first mentioned southeasterly
boundary of lands now or formerly of Holly RAJ Inc.; thence North 51°
01' 09" East along the said southeasterly boundary of lands now or
formerly of Holly RAJ Inc. 70.00 feet to the point of beginning,
containing 1.062 acres of land, being the same more or less.
PARCEL B
All that piece or parcel of property situate in the Village of Lake
George, County of Warren, State of New York and being bounded and
described as follows:
BEGINNING at a point at the intersection of the easterly boundary of
New York State Route 9N with the northerly boundary of lands now or
formerly of Charles R. Wood Foundation, and running thence northerly
along the said easterly boundary of New York State Route 9N the
following four (4) courses and distances: 1) North 03°- 06'- 51" West
54.12 feet to a point; 2) North 00°- 54'- 09" East 281.77 feet to a
point; 3) North 01°-45'- 09" East 59.83 feet to a point; and 4) North
02°- 47'- 35" West 51.87 feet to an iron pin in the southerly boundary
of other lands now or formerly of Fort William Henry Corporation; thence
easterly along the said southerly boundary of other lands now or
formerly of Fort William Henry Corporation the following three (3)
courses and distances: 1) North 88°- 22'- 09" East 475.96 feet to a
point; 2) North 60°- 07'- 09" East 66.22 feet to a point; and 3) North
47°- 47'- 09" East 315.47 feet to an iron pipe in the easterly boundary
of lands now or formerly of the Village of Lake George; thence southerly
along the said easterly boundary of lands now or formerly of The Village
of Lake George the following three (3) courses and distances: 1) South
32°- 08'- 51" East 148.00 feet to a point; 2) South 37°- 04'- 51" East
221.91 feet to a point; and 3) South 32°- 47'- 51" East 83.60 feet to a
point in the northerly boundary of the aforementioned lands now or
formerly of Charles R. Wood Foundation; thence westerly along the said
northerly boundary of lands now or formerly of Charles R. Wood
Foundation the following four (4) courses and distances: 1) South 55°-
39'- 09" West 188.00 feet to a square head bolt; 2) South 68°- 08'- 09"
West 115.00 feet to a point; 3) South 81°- 37'-09" West 240.84 feet to a
point; and 4) South 74°- 08'- 09" West 546.05 feet to the point of
beginning, containing 8.558 acres of land, being the same more or less.
ALSO, ALL that certain piece or parcel of land situate lying and being
in the Village of Lake George, County of Warren, State of New York,
being more particularly described as follows:
COMMENCING at a point located on the westerly boundary of lands now or
formerly of Warren County as described in Liber 281, Page 51, said point
also being on the division line between lands now or formerly of Warren
County (Liber 4390 Page 154) on the south and lands now or formerly of
Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along
said division line South 40°27'30" West, 188.00 feet to the Point of
Beginning; thence through said lands of Warren County the following
three (3) courses and distances: 1) South 33°45'28" West, 74.95 feet to
a point, 2) South 59°52'14" West, 108.57 feet to a point, and 3) North
75°07'46" West, 41.87 feet to a point on the division line between said
lands of Warren County on the south and lands now or formerly of Fort
William Henry Corp. (Liber 497 Page 222) on the north; thence along said
division line North 66°25'30" East, 91.92 feet to a point; thence North
52°56'30" East, 115.00 feet to the point or place of beginning.
EXCEPTING AND RESERVING THEREFROM, ALL that certain piece or parcel of
land situate lying and being in the Village of Lake George, County of
Warren, State of New York, being more particularly described as follows:
BEGINNING at a point located on the westerly boundary of lands now or
formerly of Warren County as described in Liber 281, Page 51, said point
also being on the division line between lands now or formerly of Warren
County (Liber 4390 Page 154) on the south and lands now or formerly of
Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along
said division line South 40°27'30" West, 188.00 feet to a point; thence
through said lands now or formerly of Fort William Henry Corp. North
33°45'28" East, 102.84 feet to a point; thence North 40°27'30" East,
85.36 feet to a point on the aforementioned westerly boundary of lands
now or formerly of Warren County (Liber 281, Page 51); thence along said
westerly boundary South 51°54'30" East, 12.01 feet to the point or place
of beginning.
PARCEL C
All that piece or parcel of property situate in the Village of Lake
George, County of Warren, State of New York and being bounded and
described as follows:
BEGINNING at an iron pin at the intersection of the easterly boundary
of New York State Route 9N with the northerly boundary of other lands
now or formerly of Fort William Henry Corporation; said pin being
located the following four (4) courses and distances northerly from the
intersection of the easterly boundary of New York State Route 9N with
the northerly boundary of lands now or formerly of Charles R. Wood
Foundation: 1) North 03°- 06'- 51" West 54.12 feet; 2) North 00°- 54'-
09" East 281.77 feet; 3) North 01°- 45'- 09" East 59.83 feet; and 4)
North 02°- 47'- 35" West 51.87 feet, and running thence from said point
of beginning northerly along the said easterly boundary of New York
State Route 9N the following seven (7) courses and distances: 1) North
03°- 29'-09" East 105.00 feet to a point; 2) North 09°- 11'- 09" East
60.10 feet to a point; 3) North 05°- 41'- 09" East 161.06 feet to a
point; 4) North 09°- 28'-34" East 124.23 feet to an iron pin; 5) North
14°- 08'- 27" East 150.26 feet to a square monument; 6) North 22°- 36'-
14" East 111.15 feet to a point; and 7) North 17°- 47'- 09" East 91.79
feet to an iron pipe in the southerly boundary of lands now or formerly
of Adirondack Entertainment and Recreation, Inc.; thence South 59°- 07'-
51" East along the said southerly boundary of lands now or formerly of
Adirondack Entertainment and Recreation, Inc. 40.70 feet to a point;
thence North 51°- 01'- 09" East along the southeasterly boundary of said
lands now or formerly of Adirondack Entertainment and Recreation, Inc.
167.30 feet to a point in the southwesterly boundary of lands now or
formerly of The Adirondack Lakeview Corporation; thence southeasterly
along the said southwesterly boundary of lands now or formerly of The
Adirondack Lakeview Corporation the following five (5) courses and
distances: 1) South 42°- 42'- 21" East 120.00 feet to a point; 2) South
26°- 32'- 41" East 145.00 feet to a point; 3) South 25°-55'- 51" East
130.20 feet to a point; 4) South 30°- 43'- 21" East 111.17 feet to a
point; and 5) South 29°- 21'- 51" East 139.17 feet to a point; thence
North 60°- 37'- 18" East along the southeasterly boundary of said lands
now or formerly of The Adirondack Lakeview Corporation 70.01 feet to a
point in the westerly boundary of lands now or formerly of the Village
of Lake George; thence southerly along the said westerly boundary of
lands now or formerly of The Village of Lake George the following two
(2) courses and distances: 1) South 29°- 21'- 51" East 32.24 feet to a
point; and 2) South 30°- 27'- 51" East 73.00 feet to an iron pipe in the
northerly boundary of other lands now or formerly of Fort William Henry
Corporation; thence westerly along the said northerly boundary of other
lands now or formerly of Fort William Henry Corporation the following
three (3) courses and distances: 1) South 47°- 47'- 09" West 315.47 feet
to a point; 2) South 60°- 07'- 09" West 66.22 feet to a point; and 3)
South 88°- 22'- 09" West 475.96 feet to the point of beginning,
containing 9.398 acres of land, being the same more or less.
8. (a) Notwithstanding any other provision of law to the contrary, the
state liquor authority shall issue a license under section seventy-six-a
of this chapter to the Concord Grape Belt Heritage Association Inc.
Grape Discovery Center ("center") situated at the premises known as: all
that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situated, lying and being in the Town of
Westfield, County of Chautauqua and State of New York being parcels
209.00-2-13 and 209.00-2-14 and being more particularly described as
follows:
PARCEL A
All that tract or parcel of land, situate in the Town of Westfield,
County of Chautauqua and State of New York, being part of Lot 13, Town 4
and Range 14 of the Holland Land Company's Survey and further bounded
and described as follows:
Beginning at a set "MAG" nail on the south bounds of U.S. Route 20
also know as Main Road, also known as the Buffalo and Erie Road, said
"MAG" nail being N 60 degrees 17' 18" E, 264.87 feet as measured along
the south bounds of U.S. Route 20, from the northwest corner of premises
described in deed from David S. Neill to Sam F. Nixon, dated January 30,
1916, and recorded in the Chautauqua County Clerk's Office in Liber 421
of Deeds at page 165; thence N 60 degrees 17' 18" E, along the south
bounds of U.S. Route 20, a distance of 195.88 feet to a set "MAG" nail
in asphalt; thence N 64 degrees 0' 0" E, and still along the south
bounds of U.S. Route 20, a distance 70 feet to a set "MAG" nail in
asphalt; thence S 1 degree 55' 0" W, 250 feet to an existing iron pin at
the northwest corner of lands of Joanne W. Nixon, as described in a deed
recorded in the Chautauqua County Clerk's Office in Liber 2182 of Deeds
at page 196; thence continuing along the same course, S 1 degree 55' 0"
W along the west line of lands of said Nixon, 78.8 feet to an existing
iron stake at the northeast corner of lands of Joanne W. Nixon as
described in a deed recorded in the Chautauqua County Clerk's Office in
Liber 2418 of Deeds at page 341; thence S 62 degrees 58' 7" W, along the
north line of lands of said Nixon, 173.3 feet to a point at the
southeast corner of lands of Ed R. Burnside as described in a deed
recorded in the Chautauqua County Clerk's Office in Liber 2639 of Deeds
at page 336; thence N 13 degrees 36' 25" W, along the east line of lands
of said Burnside, 287.68 feet to the point or place of beginning.
PARCEL B
Also all that tract or parcel of land, situate in the Town of
Westfield, County of Chautauqua and State of New York, being part of Lot
No. 13, Township 4 and Range 14 of the Holland Land Company's Survey and
further bounded and described as follows:
Commencing at the northwest corner of premises described in deed from
David S. Neill to Sam F. Nixon, dated January 30, 1916, and recorded in
the Chautauqua County Clerk's Office in Liber 421 of Deeds at page 165;
thence N 60 degrees 17' 18" E. along the south bounds of U.S. Route 20,
also known as Main Road, also known as the Buffalo and Erie Road, 460.76
feet to a set "MAG" nail in asphalt; thence N 64 degrees 0' 0" E, and
still along the south bounds of U.S. Route 20, a distance of 70 feet to
a set "MAG" nail in asphalt at the point of beginning of the parcel
hereinafter described; thence N 64 degrees 0' 0" E, along the south
bounds of U.S. Route 20, a distance of 200 feet to a set "MAG" nail in
asphalt at the northwest corner of lands of Joanne W. Nixon as described
in a deed recorded in the Chautauqua County Clerk's Office in Liber 2182
of Deeds at page 196; thence S 1 degree 55' 0" W, along the west line of
lands of said Nixon, 250 feet to a point; thence S 64 degrees 0' 0" W,
along the north line of lands of said Nixon 200 feet to an existing iron
pin in the northwest corner of lands of said Nixon; thence N 1 degree
55' 0" E, 250 feet to the point or place of beginning.
Subject to all easements, rights-of-way, and leases of record which
may validly affect said premises.
(b) The center may, but shall not be required to, produce wine as a
condition of such license.
(c) No person shall be disqualified from acting as a director,
officer, or employee of, or purveyor to, the center by reason of such
person holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee.
(d) No person shall be disqualified from being a lender or lessor to
the center, or a donor, patron, contributor or sponsor from time to time
of the center through contributions in cash or in kind, on terms agreed
with the board of directors of the center, by reason of such person
holding a license under this chapter, or being affiliated with a
licensee under this chapter as a shareholder, partner, officer,
director, or employee. Such persons shall be entitled, regardless of
their licensing status under this chapter, to obtain all the benefits
generally approved by the board of directors of the center and offered
to donors of similar amounts.
(e) Notwithstanding any other provision of law to the contrary, the
center is expressly authorized to:
(i) sell New York state produced wines, beers and distilled spirits
for both on and off premise consumption;
(ii) offer tastings on the premises of such products and charge the
general public such amounts as it deems fit for such tastings. For
purposes of this section, tastings may be conducted in a common tasting
area on the premises; and
(iii) provide banquet and entertainment facilities for the general
public for private parties in consideration of such fees as are
established by the board of directors of the center from time to time,
and to sell and serve at such events wines, malt beverages and distilled
spirits selected by persons hiring the facilities.
Structure New York Laws
ABC - Alcoholic Beverage Control
Article 8 - General Provisions
100 - Alcoholic Beverages Generally.
101 - Manufacturers and Wholesalers Not to Be Interested in Retail Places.
101-AAA - Terms of Sale; Beer or Wine Products.
101-B - Unlawful Discriminations Prohibited; Filing of Schedules; Schedule Listing Fund.
102 - General Prohibitions and Restrictions.
103 - Provisions Governing Manufacturers.
104 - Provisions Governing Wholesalers.
104-A - Provisions Governing Vendors.
105 - Provisions Governing Licensees to Sell at Retail for Consumption Off the Premises.
105-A - Sale of Beer at Retail on Sunday.
105-B - Posting of Certain Signs.
106 - Provisions Governing Licensees to Sell at Retail for Consumption on the Premises.
106-A - Notice of Arrest and Convictions.
107 - Advertising and Forms of Notices of the Issuance of Licenses.
107-A - Labeling Containers of Alcoholic Beverages.
108 - Restrictions Upon Licensees.
109 - Renewals of Licenses and Permits.
110 - Information to Be Requested in Applications for Licenses or Permits.
110-A - Notice of Application for Certain Licenses to Be Published by Applicant.
110-B - Notification to Municipalities.
111 - License to Be Confined to Premises Licensed.
112 - Bonds of Licensees and Permittees.
113 - Premises for Which No License Shall Be Granted.
114 - Licenses, Publication, General Provisions.
114-A - License or Permit Issuance and Registration Approval.
115 - Rules Need Not Be Uniform.
116 - Deliveries of Alcoholic Beverages.
117 - Transportation of Alcoholic Beverages.
117-A - Unlimited Drink Offerings Prohibited.
117-B - Possession or Use of Alcohol Vaporizing Devices Prohibited.
118 - Revocation of Licenses for Cause.
119 - Procedure for Revocation or Cancellation.
120 - Decisions by Liquor Authority.
120-A - Corporate Change; Hearing on Application.
122 - Continuance of Business by Receiver or Other Representative.
123 - Injunction for Unlawful Manufacturing, Sale or Consumption of Liquor, Wine or Beer.
124 - Liquor Authority to Be Necessary Party to Certain Proceedings.
125 - Disposition of Moneys Received for License Fees.
126 - Persons Forbidden to Traffic in Alcoholic Beverages.
127 - Surrender and Cancellation of Licenses; Payment of Refunds; Notice to Police Officials.
127-A - Surrender and Cancellation of Permits; Payment of Refunds; Notice to Police Officials.
127-B - Payment of Refunds on Special Permits and Notice to Police Officers.
127-C - Refunds on Licenses and Permits Erroneously or Unlawfully Cancelled, Revoked or Suspended.
127-D - Refunds on Over-Payment of Fees; Permit Not Issued.
128 - Certain Officials Not to Be Interested in Manufacture or Sale of Alcoholic Beverages.
128-A - Police Officers Allowed to Work in Licensed Premises in Certain Cases.
128-B - Police Officers Allowed to Serve as an Officer of a Volunteer Firefighters' Organization.
128-C - Police Officers Allowed to Serve as an Officer of Veterans' Organization.
129 - Surrender of License; Notice to Police Officials.
130 - Penalties for Violations of Chapter.
131 - New York Alcoholic Beverage Control Problem Premises Task Force.