A. 8012--A 2
such facility maintains not less than two hundred fifty rooms and suites
for overnight lodging[,];
(ii) any such premises or business constituting the overnight lodging
and resort facility located wholly within the boundaries of that tract
or parcel of land situate in the city of Canandaigua, county of Ontario,
beginning at a point in the northerly line of village lot nine where it
meets with South Main Street, thence south sixty-nine degrees fifty-four
minutes west a distance of nine hundred sixteen and twenty-three
hundredths feet to an iron pin; thence in the same course a distance of
fourteen feet to an iron pin; thence in the same course a distance of
fourteen and four-tenths feet to a point; thence south fifteen degrees
thirty-eight minutes and forty seconds east a distance of four hundred
forty-six and eighty-seven hundredths feet to a point; thence south
twenty-eight degrees thirty-seven minutes and fifty seconds east a
distance of one hundred thirteen and eighty-four hundredths feet to a
point; thence south eighty-five degrees and forty-seven minutes east a
distance of forty-seven and sixty-one hundredths feet to an iron pin;
thence on the same course a distance of three hundred and sixty-five
feet to an iron pin; thence north seventeen degrees twenty-one minutes
and ten seconds east a distance of four hundred fifty-seven and thirty-
two hundredths feet to an iron pin; thence north nineteen degrees and
thirty minutes west a distance of two hundred and forty-eight feet to a
point; thence north sixty-nine degrees and fifty-four minutes east a
distance of two hundred eighty-four and twenty-six hundredths feet to a
point; thence north nineteen degrees and thirty minutes west a distance
of sixty feet to the point and place of beginning, provided that such
facility maintains not less than one hundred twenty rooms and suites for
overnight lodging[,];
(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 north-
A. 8012--A 3
erly side of west fifty-fourth street three feet one and one-half inch-
es; 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 over-
night 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 desig-
nated 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 includ-
ing the lands to the center of Shore Drive included between the norther-
ly 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 Mili-
tary Turnpike, said iron pipe being located 910.39 feet southeasterly,
as measured along the easterly bounds of said highway, from the souther-
ly 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
A. 8012--A 4
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 northwes-
terly 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 Coun-
cil 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 north-
erly 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 reputed-
ly 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 gener-
ally 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
A. 8012--A 5
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 center-
line 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 follow-
ing 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 Stan-
ley 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
A. 8012--A 6
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.
A. 8012--A 7
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 Febru-
ary 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 south-
east 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 begin-
ning. 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 Decem-
ber 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 Rodg-
ers; 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
A. 8012--A 8
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 East-
erly 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 begin-
ning.
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
A. 8012--A 9
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 twen-
ty-three and eight-tenths (123.8) feet to its intersection with the
Northerly street line of Union Street; thence Westerly along the North-
erly 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 begin-
ning; [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 divi-
sion 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
A. 8012--A 10
the southeasterly edge of an existing concrete pad; thence, South
74°-19'-53" West, along said edge of concrete and the projection there-
of, a distance of 198.78 feet to a point on the easterly edge of pave-
ment 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 prop-
erty 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 Prop-
erties 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 BUSINESS CONSTITUTING A RETAIL BAKERY AND
RESTAURANT AS DEFINED IN THIS CHAPTER CONTAINED WHOLLY WITHIN THE BOUND-
ARIES OF THE COUNTY OF NEW YORK, BEGINNING AT THE CORNER FORMED BY THE
INTERSECTION OF THE WESTERLY SIDE OF 3RD AVENUE AND THE NORTHERLY SIDE
OF EAST 74TH STREET; RUNNING THENCE NORTHERLY ALONG THE WESTERLY SIDE OF
3RD AVENUE, 76 FEET 8 INCHES; THENCE WESTERLY PARALLEL WITH EAST 74TH
STREET, 100 FEET; THENCE SOUTHERLY PARALLEL WITH 3RD AVENUE, 76 FEET 8
INCHES TO THE NORTHERLY SIDE OF EAST 74TH STREET; AND THENCE EASTERLY
ALONG THE NORTHERLY SIDE OF EAST 74TH STREET, 100 FEET TO THE CORNER
FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF EAST 74TH STREET AND
THE WESTERLY SIDE OF 3RD AVENUE, TO THE POINT OR PLACE OF BEGINNING.
AND, BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF 40TH STREET,
DISTANT 147 FEET 6 INCHES WESTERLY FROM THE CORNER FORMED BY THE INTER-
SECTION OF THE WESTERLY SIDE OF 5TH AVENUE WITH THE SOUTHERLY SIDE OF
40TH STREET; AND, RUNNING THENCE SOUTHERLY AND PARALLEL TO 5TH AVENUE
AND PART OF THE DISTANCE THROUGH A PARTY WALL, 98 FEET 9 INCHES; THENCE
WESTERLY PARALLEL WITH 40TH STREET, 62 FEET 6 INCHES; THENCE NORTHERLY
AGAIN PARALLEL WITH 5TH AVENUE AND PART OF THE DISTANCE THROUGH ANOTHER
PARTY WALL 98 FEET 9 INCHES TO THE SOUTHERLY SIDE OF 40TH STREET; THENCE
EASTERLY ALONG THE SOUTHERLY SIDE OF 40TH STREET 62 FEET 6 INCHES TO THE
POINT OR PLACE OF BEGINNING.
AND BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE NORTHER-
LY SIDE OF 21ST STREET WITH THE EASTERLY SIDE OF 5TH AVENUE; RUNNING
THENCE NORTHERLY ALONG THE EASTERLY SIDE OF 5TH AVENUE, 62 FEET 3 1/2
A. 8012--A 11
INCHES; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE ON ITS EASTER-
LY SIDE WITH THE SAID EASTERLY SIDE OF 5TH AVENUE OF 88 DEGREES, 30
MINUTES, 81 FEET 1/2 INCH; THENCE SOUTHERLY ALONG A LINE WHICH FORMS AN
ANGLE 90 DEGREES, 5 MINUTES AND 30 SECONDS ON ITS WESTERLY SIDE WITH THE
LAST MENTIONED COURSE 15 FEET 2 INCHES TO THE SOUTHERLY FACE OF THE
SOUTHERLY WALL OF THE ONE STORY BRICK BUILDING ON THE PREMISES ADJOURN-
ING THE PREMISES HEREBY DESCRIBED ON THE NORTH; THENCE EASTERLY ALONG
THE SOUTHERLY FACE OF THE SOUTHERLY WALL OF SAID BUILDING, 10 FEET 1/2
INCHES TO THE END THEREOF; THENCE NORTHERLY ALONG THE EASTERLY FACE OF
SAID WALL, 1/2 INCH TO THE CENTER LINE OF A PARTY WALL STANDING PARTLY
ON THE PREMISES HEREBY DESCRIBED AND PARTLY ON THE PREMISES ADJOURNING
ON THE NORTH; THENCE EASTERLY THROUGH THE CENTER OF SAID PARTY WALL, 23
FEET 5 1/2 INCHES TO AN ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL
ALONG THE CENTER OF SAID PARTY WALL, 24 FEET 1/2 OF AN INCH TO ANOTHER
ANGLE IN SAID WALL; THENCE NORTHEASTERLY STILL ALONG SAID CENTER LINE OF
SAID PARTY WALL, 33 FEET 11 7/8 INCHES TO THE WESTERLY SIDE OF BROADWAY;
THENCE SOUTHERLY ALONG THE WESTERLY SIDE OF BROADWAY, 65 FEET 4 INCHES
TO THE CORNER FORMED BY THE INTERSECTION OF SAID WESTERLY SIDE OF BROAD-
WAY WITH THE NORTHERLY SIDE OF 21ST STREET; AND THENCE WESTERLY ALONG
THE SOUTHERLY SIDE OF 21ST STREET, 195 FEET TO THE POINT OR PLACE OF
BEGINNING.
AND, BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF CENTRAL PARK SOUTH,
FORMERLY KNOWN AS 59TH STREET, IN THE SAID BOROUGH AND CITY, DISTANT 450
FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY
SIDE OF SEVENTH AVENUE WITH THE SAID SOUTHERLY SIDE OF CENTRAL PARK
SOUTH; RUNNING THENCE SOUTHERLY, PARALLEL WITH SEVENTH AVENUE 200 FEET
10 INCHES TO THE NORTHERLY SIDE OF WEST 58TH STREET; THENCE WESTERLY
ALONG THE NORTHERLY SIDE OF WEST 58TH STREET, 145 FEET TO THE EASTERLY
SIDE OF BROADWAY; THENCE NORTHWESTERLY ALONG THE EASTERLY SIDE OF BROAD-
WAY 165 FEET 9 1/2 INCHES TO ITS INTERSECTION WITH THE EASTERLY SIDE OF
GRAND OR COLUMBUS CIRCLE; THENCE NORTHERLY ALONG THE EASTERLY SIDE OF
GRAND OR COLUMBUS CIRCLE, 50 FEET 3 INCHES TO THE SOUTHERLY SIDE OF
CENTRAL PARK SOUTH; THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF CENTRAL
PARK SOUTH, 189 FEET 10 1/2 INCHES TO THE POINT OR PLACE OF BEGINNING.
AND, BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE NORTH-
ERLY SIDE OF ASTOR PLACE AND THE EASTERLY SIDE OF BROADWAY; RUNNING
THENCE NORTHERLY ALONG THE EASTERLY SIDE OF BROADWAY, 133 FEET 1/2 OF AN
INCH TO THE CORNER FORMED BY THE INTERSECTION OF EASTERLY SIDE OF BROAD-
WAY AND THE SOUTHERLY SIDE OF EAST 8TH STREET; THENCE EASTERLY ALONG THE
SOUTHERLY SIDE OF EAST 8TH STREET, 116 FEET 8 1/4 INCHES; THENCE SOUTH-
ERLY ON A LINE FORMING AN ANGLE OF 97 DEGREES 51 MINUTES 40 SECONDS WITH
THE SOUTHERLY SIDE OF EAST 8TH STREET, 98 FEET 7 INCHES TO THE NORTHERLY
SIDE OF ASTOR PLACE; THENCE WESTERLY ALONG THE NORTHERLY SIDE OF ASTOR
PLACE, 143 FEET 9 1/2 INCHES TO THE CORNER FORMED BY THE INTERSECTION OF
THE NORTHERLY SIDE OF ASTOR PLACE AND THE EASTERLY SIDE OF BROADWAY, AT
THE POINT OR PLACE OF BEGINNING.
The provisions of this paragraph shall not apply to any premises
licensed under section sixty-four of this chapter in which a manufactur-
er 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
A. 8012--A 12
total revenue generated by the facility from interactive video enter-
tainment 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 distrib-
uted 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 bear-
ing 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 ther-
eto 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 deliv-
er alcoholic beverages manufactured by him to any licensee occupying
such premises.
S 2. This act shall take effect immediately.