Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 09, 2020 |
referred to economic development |
Assembly Bill A10083
2019-2020 Legislative Session
Relates to the approval, issuance and renewal of license and permit applications; repealer
download bill text pdfSponsored By
SCHIMMINGER
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-A10083 (ACTIVE) - Details
- Current Committee:
- Assembly Economic Development
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd ABC L, generally
2019-A10083 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10083 I N A S S E M B L Y March 9, 2020 ___________ Introduced by M. of A. SCHIMMINGER -- (at request of the State Liquor Authority) -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to the approval, issuance and renewal of license and permit applications, notices of arrests for certain offenses committed at licensed prem- ises, the sale of alcoholic beverages, the posting of required signs, and geographic exceptions to prohibitions on the issuance of licenses and permits; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The alcoholic beverage control law is amended by adding a new section 20 to read as follows: § 20. STANDARD FOR APPROVAL. EXCEPT AS PROVIDED FOR IN SUBDIVISION SIX OF SECTION SIXTY-THREE, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION SIXTY-FOUR, PARAGRAPH (D) OF SUBDIVISION SEVEN OF SECTION SIXTY-FOUR-A, PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION SIXTY-FOUR-B, PARAGRAPH (C) OF SUBDIVISION ELEVEN OF SECTION SIXTY-FOUR-C, PARAGRAPH (E) OF SUBDIVI- SION EIGHT OF SECTION SIXTY-FOUR-D, AND SUBDIVISION FOUR OF SECTION SEVENTY-NINE OF THIS CHAPTER, AN APPLICATION FOR ANY LICENSE OR PERMIT UNDER THIS CHAPTER SHALL BE APPROVED EXCEPT FOR GOOD CAUSE SHOWN. § 2. Subdivision 1 of section 64 of the alcoholic beverage control law, as amended by chapter 531 of the laws of 1964, is amended to read as follows: 1. Notwithstanding the provisions of subdivision two of section seven- teen of this chapter, any person may make an application to the [appro- priate board] AUTHORITY for a license to sell liquor at retail to be consumed on the premises where sold[, and such licenses shall be issued to all applicants except for good cause shown]. § 3. The section heading of section 63 of the alcoholic beverage control law, as amended by section 3 of part K of chapter 60 of the laws of 2004, is amended to read as follows EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD15402-01-0 A. 10083 2 [Seven day license] LICENSE to sell liquor at retail for consumption off the premises. § 4. The section heading of section 79 of the alcoholic beverage control law, as amended by section 5 of part K of chapter 60 of the laws of 2004, is amended to read as follows: [Seven day license] LICENSE to sell wine at retail for consumption off the premises. § 5. Sections 82, 85 and 131 of the alcoholic beverage control law are REPEALED. § 6. Section 106-a of the alcoholic beverage control law, as added by chapter 919 of the laws of 1976, subdivision 1 as amended by chapter 420 of the laws of 1997 and subdivision 2 as amended by chapter 383 of the laws of 1998, is amended to read as follows: § 106-a. Notice of arrest and convictions. [1.] When an arrest for gambling activity, illicit drug activity, prostitution activity, or for a breach of the peace or for a crime of a violent nature, or for a crime of weapons possession occurs or where the activity or crime has taken place in a licensed premises, the arresting agency shall notify in writ- ing, the authority and the district attorney of the county in which the licensed premises are located within two weeks of the arrest and set forth therein the name of the arrestee, the date of the arrest, the time of the arrest, the exact place of the arrest, the name of the licensee, the name and address of the licensed premises, the offense or offenses allegedly committed by the arrestee, the factual circumstances of the arrest, the name or names of the arresting officer, and such other information as may reasonably be required by the authority. [2. Such district attorney shall maintain a written record of all notices forwarded as required by subdivision one of this section and where the arrestee named in said notice is convicted of either the offense charged or a lesser included offense as defined by the penal law, the district attorney shall so notify the authority in writing. In addition, where a person is convicted of a violation of paragraph (b) of subdivision one of section sixty-five-b of this chapter or of a violation of subdivision one of section sixty-five of this chapter, the district attorney shall promptly notify the authority of such conviction in writing and shall include in such notification the information required to be provided pursuant to subdivision one of this section.] § 7. Subdivision 2 of section 109 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995 and renumbered by chapter 560 of the laws of 2011, is amended to read as follows: 2. The authority shall provide EACH LICENSEE WITH INSTRUCTIONS ON HOW TO FILE an application for renewal of [a] THE license [issued under section sixty-four or sixty-four-a of this chapter] not less than sixty days prior to the expiration of the current license. § 8. Subdivision 1 of section 97 of the alcoholic beverage control law, as amended by section 19 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. The liquor authority is hereby authorized to issue temporary permits effective for a period not to exceed twenty-four consecutive hours to authorize the sale of beer, CIDER, MEAD and wine [manufactured in New York state] at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverag- es may lawfully be sold or served upon premises licensed to sell alco- holic beverages at retail for on-premises consumption in the community in which is located the premises in which such gathering, function, A. 10083 3 occasion or event is held. The fee for such permit shall be twenty-six dollars. Such permit and the exercise of the privilege granted thereby shall be subject to such rules of the liquor authority as it deems necessary. § 9. Paragraph a of subdivision 4 of section 81-a of the alcoholic beverage control law, as added by chapter 666 of the laws of 1987, is amended to read as follows: a. No such license shall be issued to any person for any premises other than premises for which a license may be issued under section [sixty-four] SIXTY-FOUR-A of this chapter [or a hotel] or premises which are kept, used, maintained, advertised or held out to the public to be a place where food is prepared and served for consumption on the premises in such quantities as to satisfy the liquor authority that the sale of wine intended is incidental to and not the prime source of revenue from the operation of such premises. Such license may also include such suit- able space outside the licensed premises and adjoining it as may be approved by the liquor authority. § 10. Subdivision 10 of section 105 of the alcoholic beverage control law, paragraph (a) as amended by chapter 679 of the laws of 1950, is amended to read as follows: 10. (a) [Each retail licensee of liquor and/or wine for off-premises consumption shall have conspicuously displayed within the interior of the licensed premises where sales are made and where it can be readily inspected by consumers a printed price list of the liquors and/or wines offered for sale therein; and no liquor and/or wine shall be sold except at the price set forth in such list; (b)] No screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises, which shall prevent a clear view into the interior of such licensed premises from the sidewalk, at all times; and [(c)] (B) No booth, screen, partition or other obstruction shall be permitted in the interior of said licensed premises. § 11. Subdivisions 20 and 23 of section 105 of the alcoholic beverage control law, subdivision 20 as amended by chapter 662 of the laws of 1985 and subdivision 23 as added by section 1 of part F of chapter 85 of the laws of 2002, are amended to read as follows: 20. Each retail licensee of liquor and/or wine shall designate the price of each item of liquor or wine by attaching to or otherwise displaying immediately adjacent to each such item displayed in the inte- rior of the licensed premises where sales are made a price tag, sign or placard setting forth the bottle price at which each such item is offered for sale therein; AND NO LIQUOR AND/OR WINE SHALL BE SOLD EXCEPT AT THE PRICE DESIGNATED. 23. All premises licensed under sections FIFTY-THREE-A, fifty-four, fifty-four-a, sixty-three [and], seventy-nine AND SEVENTY-SIX-F of this chapter shall be subject to inspection by any peace officer described in subdivision four of section 2.10 of the criminal procedure law acting pursuant to his special duties, or police officer or any duly authorized representative of the state liquor authority, during the hours when the said premises are open for the transaction of business. § 12. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic beverage control law, as amended by section 1 of part E of chapter 56 of the laws of 2006, is amended to read as follows: (a) No brand of liquor or wine shall be sold to or purchased by a wholesaler, irrespective of the place of sale or delivery, unless a schedule, as provided by this section, is transmitted to and received by A. 10083 4 the liquor authority, and is then in effect. Such schedule shall be transmitted to the authority in such form, manner, medium and format as the authority may direct; shall be deemed duly verified by the person submitting such schedule upon its transmission to the authority; and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where stated on the label, the number of bottles contained in each case, the bottle and case price to wholesalers, the net bottle and case price paid by the seller, which prices, in each instance, shall be individual for each item and not in "combination" with any other item, the discounts for quantity, if any, and the discounts for time of payment, if any. Such brand of liquor or wine shall not be sold to wholesalers except at the price and discounts then in effect unless prior written permission of the authority is granted for good cause shown and for reasons not incon- sistent with the purpose of this chapter. Such schedule shall be trans- mitted by (1) the owner of such brand, or (2) a wholesaler selling such brand and who is designated as agent for the purpose of filing such schedule if the owner of the brand is not licensed by the authority, or (3) A LICENSED IMPORTER SELLING SUCH BRAND AND WHO IS DESIGNATED BY THE BRAND OWNER TO IMPORT SUCH BRAND INTO THIS STATE, OR (4) with the approval of the authority, by a wholesaler, in the event that the owner of the brand is unable to transmit a schedule or designate an agent for such purpose. As used in this subdivision the term "item" shall be deemed to include a sealed, pre-wrapped package consisting of a sealed container of liquor, wine or wine product and other merchandise reason- ably used in connection with the preparation, storage or service of liquor, wine or wine products provided that such other merchandise shall not be potable or edible. § 13. Subdivision 4 of section 126 of the alcoholic beverage control law, as amended by section 50 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 4. A copartnership, LIMITED LIABILITY COMPANY or a corporation, unless each member of the partnership, EACH MANAGING MEMBER OF THE LIMITED LIABILITY COMPANY or each of the principal officers and directors of the corporation, is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, not less than twenty-one years of age, and has not been convicted of any felony or any of the misdemeanors, specified in section eleven hundred forty-six of the former penal law as in force and effect immediately prior to Septem- ber first, nineteen hundred sixty-seven, or of an offense defined in section 230.20 or 230.40 of the penal law, or if so convicted has received, subsequent to such conviction, an executive pardon therefor removing this disability a certificate of good conduct granted by the department of corrections and community supervision, or a certificate of relief from disabilities granted by the department of corrections and community supervision or a court of this state pursuant to the provisions of article twenty-three of the correction law to remove the disability under this section because of such conviction; provided however that a corporation which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its directors are citizens of the United States or aliens lawfully admitted for permanent residence in the United States; and provided further that a corporation organized under the not-for-profit corporation law or the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its direc- A. 10083 5 tors are not less than twenty-one years of age and none of its directors are less than eighteen years of age; and provided further that a corpo- ration organized under the not-for-profit corporation law or the educa- tion law and located on the premises of a college as defined by section two of the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal offi- cers and each of its directors are not less than eighteen years of age. § 14. Paragraph (a) of subdivision 1 of section 110 of the alcoholic beverage control law is amended by adding a new subparagraph (iv) to read as follows: (IV) IF THE APPLICANT IS A LIMITED LIABILITY COMPANY, THE NAME OF THE APPLICANT, ITS MAIN BUSINESS ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE ADDRESS OF ITS MAIN PLACE OF BUSINESS WITH- IN THE STATE), OTHER NAMES BY WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELEPHONE NUMBER, ITS FEDERAL EMPLOYER IDEN- TIFICATION NUMBER, AND THE NAMES, AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES OF ITS MANAGING MEMBER AND ITS NON-MANAGING MEMBERS (EXCEPT THAT IF THERE BE MORE THAN TEN NON-MANAGING MEMBERS THEN THOSE NON-MAN- AGING MEMBERS OWNING TEN PERCENT OR MORE OF THE COMPANY). § 15. Section 65-d of the alcoholic beverage control law, as added by chapter 838 of the laws of 1981, subdivisions 1 and 2 as amended by chapter 225 of the laws of 1989, and such section as renumbered by chap- ter 592 of the laws of 1989, is amended to read as follows: § 65-d. Posting of signs. 1. (A) The authority shall [prepare, have printed and distribute across the state to all persons with a license to sell alcoholic beverages for consumption on the premises or a license to sell alcoholic beverages for consumption off the premises] MAKE AVAIL- ABLE BY ELECTRONIC MEANS a sign or poster with conspicuous lettering that states the following: "WARNING No person shall sell or give away any alcoholic beverages to: 1. any person under the age of twenty-one years; or 2. any visibly intoxicated person. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU- DULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE". [Such sign or poster shall be captioned with the word "warning" in at least two inch lettering.] (B) THE AUTHORITY SHALL PREPARE AND MAKE AVAILABLE BY ELECTRONIC MEANS A SIGN OR POSTER EIGHT AND ONE-HALF INCHES IN HEIGHT AND ELEVEN INCHES IN WIDTH WITH CONSPICUOUS LETTERING THAT STATES: "GOVERNMENT WARNING: ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS". 2. All persons with a license [to sell] THAT ALLOWS FOR THE SALE OF alcoholic beverages for consumption on the premises or [a license to sell alcoholic beverages for consumption] off the premises shall display, in an upright position and in a conspicuous place, where it can be easily read by the clientele of the establishment, [the] A FULL SIZED COPY OF EACH SUCH sign [or poster upon receiving it from the authority]. SUCH SIGNS SHALL BE PLACED AS CLOSE AS POSSIBLE TO THE PLACE WHERE ALCO- HOLIC BEVERAGES ARE SOLD. 3. Any person with such license who violates the provisions of this section shall be subject to a civil penalty, not to exceed one hundred dollars for each day of violation. A. 10083 6 § 16. Subdivisions 2, 3 and 4 of section 105-b of the alcoholic bever- age control law are REPEALED. § 17. The alcoholic beverage control law is amended by adding a new section 165 to read as follows: § 165. GEOGRAPHIC EXCEPTIONS TO LICENSING PROHIBITIONS. 1. NOTWITH- STANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION ONE HUNDRED ONE OF THIS CHAPTER THE AUTHORITY MAY ISSUE A BREWER'S LICENSE PURSUANT TO THIS SECTION FOR A PREMISES WHICH SHALL BE LOCATED WHOLLY WITHIN THE TOWN OF HYDE PARK, COUNTY OF DUTCHESS, STATE OF NEW YORK, KNOWN AND DESIGNATED AS LOT NO. 1 SHOWN ON A MAP ENTITLED "SUBDIVISION FOR PINEY" FILED IN THE DUTCHESS COUNTY CLERK'S OFFICE AS MAP NO. 8764, BEING MORE PARTIC- ULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF STATE HIGHWAY ROUTE 9 (ALSO KNOWN AS ALBANY POST ROAD) AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL AND THE SOUTHWEST CORNER OF THE LANDS NOW OR FORMERLY OF FRIENDLY ICE CREAM CORP.; THENCE ALONG THE DIVISION LINE BETWEEN THE HEREIN DESCRIBED PARCEL AND THE LAST MENTIONED LANDS; SOUTH 77 DEG 10' 10" EAST 310.17 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL AND THE SOUTHEAST CORNER OF THE LAST MENTIONED LANDS AT A POINT ON THE WESTERLY LINE OF OTHER LANDS OF FERNANDO PINEY WHICH ARE DESIG- NATED AS LOT NO. 1 AS SHOWN OF FILED MAP 5678; THENCE ALONG THE DIVISION LINE BETWEEN THE HEREIN DESCRIBED PARCEL AND THE LAST DESCRIBED LANDS OF PINEY. SOUTH 06 DEG 34' 20" WEST 157.76 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED PARCEL AND THE NORTHEAST CORNER OF LOT NO. 2 AS SHOWN ON FILED MAP NO. 8764; THENCE ALONG THE NORTHERLY LINE OF LOT NO. 2 AS SHOWN ON THE LAST MENTIONED FILED MAP. NORTH 81 DEG 25' 42" WEST 155.26 FEET AND SOUTH 87 DEG 45' 20" WEST 155.00 FEET TO THE SOUTHWEST CORNER OF LOT NO. 1 AND THE NORTHWEST CORNER OF LOT NO. 2 AT A POINT ON THE EASTERLY LINE OF STATE HIGHWAY ROUTE 9; THENCE ALONG THE EASTERLY LINE OF STATE HIGHWAY ROUTE 9. NORTH 06 DEG 34' 20" EAST 210.00 FEET TO THE POINT OF BEGINNING. BEING THE SAME PREMISES AS CONVEYED TO ANTHONY LOBIANCO, JOSEPH LOBIANCO AND CARMELO DECICCO BY DEED OF UNIVERSAL LAND ABSTRACT, AS AGENT OF THE GRANTOR, FERNANDO PINEY, DATED MARCH 21, 1995 AND RECORDED IN THE OFFICE OF THE DUTCHESS COUNTY CLERK ON SUCH DATE AS RECEIPT NO. R12437, BATCH RECORD NO. A00209; BEING THE SAME PREMISES AS CONVEYED TO ANGELA DECICCO BY DEED OF SCHIRMER HRDLICKA & STROHSAHL, AS AGENT OF THE GRANTOR, CARMELO DECICCO, DATED NOVEMBER 17, 2003 AND RECORDED IN THE OFFICE OF THE DUTCHESS COUNTY CLERK ON DECEMBER 9, 2004 AS DOCUMENT NO. 02 2004 12028, RECEIPT NO. R98669, BATCH RECORD NO. C00440. 2. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION SIXTY-FOUR OF THIS CHAPTER, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP: (A) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN OVER- NIGHT LODGING FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF MANHATTAN IN THE CITY AND COUNTY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF 49TH STREET, DISTANT 160 FEET EASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHER- LY SIDE OF 49TH STREET WITH THE EASTERLY SIDE OF 8TH AVENUE; RUNNING THENCE SOUTHERLY, PARALLEL WITH 8TH AVENUE AND PART OF THE DISTANCE THROUGH A PARTY WALL, 100 FEET 5 INCHES TO THE CENTER LINE OF THE BLOCK BETWEEN 48TH AND 49TH STREETS; THENCE EASTERLY ALONG THE CENTER LINE OF A. 10083 7 THE BLOCK, 40 FEET; THENCE NORTHERLY, PARALLEL WITH 8TH AVENUE AND PART OF THE DISTANCE THROUGH A PARTY WALL, 100 FEET 5 INCHES TO THE SOUTHERLY SIDE OF 49TH STREET; THENCE WESTERLY ALONG THE SOUTHERLY SIDE OF 49TH STREET, 40 FEET TO THE POINT OR PLACE OF BEGINNING. PREMISES KNOWN AS 240 AND 242 WEST 49TH STREET, NEW YORK CITY. BEING THE SAME PREMISES DESCRIBED IN DEED MADE BY HOTEL MAYFAIR INC. TO HARRY ETKIN AND FREDA RUBIN, DATED 1/23/50 AND RECORDED 1/27/50 IN LIBER 4657 CP. 250. (B) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ULSTER, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS ERECTED THEREON, SITUATED IN THE VILLAGE OF ELLENVILLE, TOWN OF WAWARSING, COUNTY OF ULSTER AND STATE OF NEW YORK, BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A THREE-QUARTER INCH DIAMETER IRON ROD FOUND ON THE SOUTHWESTERLY BOUNDS OF CANAL STREET, MARKING THE NORTHEASTERLY CORNER OF THE LANDS, NOW OR FORMERLY, JOHN GEORGES, AS DESCRIBED IN LIBER 2645 OF DEEDS AT PAGE 278. THENCE ALONG THE SOUTHEASTERLY BOUNDS OF THE LANDS OF JOHN GEORGES, PASSING 1.42 FEET NORTHWESTERLY FROM THE SOUTHWESTERLY CORNER OF THE BUILDING SITUATED ON THE PREMISES DESCRIBED HEREIN, SOUTH THIRTY-NINE DEGREES, FORTY-ONE MINUTES, FIFTY-TWO SECONDS WEST, ONE HUNDRED FIFTY AND ZERO HUNDREDTHS FEET (S 39-41-52 W, 150.00') TO THE NORTHEASTERLY BOUNDS OF THE LANDS, NOW OR FORMERLY, THOMAS POWERS, AS DESCRIBED IN LIBER 1521 OF DEEDS AT PAGE 749. THENCE ALONG THE NORTHEASTERLY BOUNDS OF THE LANDS OF THOMAS POWERS, SOUTH FIFTY DEGREES, THIRTY-NINE MINUTES, SIXTEEN SECONDS EAST, TWENTY-EIGHT AND ZERO HUNDREDTHS FEET (S 50-39-16 E, 28.00'). THENCE PASSING 1.92 FEET SOUTHEASTERLY FROM THE SOUTHEASTERLY CORNER OF THE BUILDING SITUATED ON THE PREMISES DESCRIBED HEREIN. NORTH THIR- TY-NINE DEGREES, FORTY-ONE MINUTES, FIFTY-TWO SECONDS EAST, ONE HUNDRED FIFTY AND ZERO HUNDREDTHS FEET (N 39-41-52 E, 150.00') TO THE SOUTHWES- TERLY BOUNDS OF CANAL STREET. THENCE ALONG THE SOUTHWESTERLY BOUNDS OF CANAL STREET, NORTH FIFTY DEGREES, THIRTY-NINE MINUTES, SIXTEEN SECONDS WEST, TWENTY-EIGHT AND ZERO HUNDREDTHS FEET (N 50-39-16 W, 28.00') TO THE POINT OF BEGINNING. CONTAINING 4,199.92 SQUARE FEET OF LAND OR 0.0996 OF AN ACRE OF LAND. BEING THE SAME PREMISES AS CONVEYED BY DEED DATED SEPTEMBER 2, 1999 FROM CHRIS M. CAMIO AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF ALICE MANZO TO BILL LELBACH, JOHN ECKERT, JEFFREY SCHNEIDER, JACK HARRIS AND ALFRED S. DANNHAUSER AND RECORDED IN THE ULSTER COUNTY CLERK'S OFFICE ON SEPTEMBER 15, 1999 IN LIBER 2966 AT PAGE 291. THE UNDIVIDED INTERESTS OF JOHN HARRIS AND ALFRED S. DANNHAUSER HAVING BEEN CONVEYED TO BILL LELBACH BY DEED DATED AUGUST 21, 2001 AND RECORDED IN THE ULSTER COUNTY CLERK'S OFFICE IN LIBER 3213 P 65. (C) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN OVER- NIGHT LODGING FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF MANHATTAN IN THE CITY AND COUNTY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF 46TH STREET, DISTANT THREE HUNDRED FIFTY (350) FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE OF SIXTH AVENUE WITH THE SAID SOUTHER- LY SIDE OF 46TH STREET. RUNNING THENCE SOUTHERLY PARALLEL WITH THE SAID WESTERLY SIDE OF SIXTH AVENUE AND FOR PART OF THE DISTANCE THROUGH A A. 10083 8 PARTY WALL, ONE HUNDRED (100) FEET FOUR (4) INCHES; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY SIDE OF 46TH STREET, EIGHTY (80) FEET; THENCE NORTHERLY AGAIN PARALLEL WITH THE WESTERLY SIDE OF SIXTH AVENUE, ONE HUNDRED (100) FEET FOUR (4) INCHES TO THE SOUTHERLY SIDE OF 46TH STREET; AND THENCE EASTERLY ALONG THE SAID SOUTHERLY SIDE OF 46TH STREET, EIGHTY (80) FEET TO THE POINT OR PLACE OF BEGINNING. PREMISES KNOWN AS 130 WEST 46TH STREET, NEW YORK CITY. BEING THE SAME PREMISES DESCRIBED IN DEED MADE BY MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY TO WEST 46TH STREET HOTEL, LLC, DATED 12/22/06 AND RECORDED 2/06/07 IN THE OFFICE OF THE CITY REGISTER, NEW YORK COUNTY, ON FEBRUARY 6, 2007 AS CFRN 2007000069808. (D) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ULSTER, BOUNDED AND DESCRIBED AS FOLLOWS: THOSE THREE BUILDING LOTS SITUATE ON THE NORTHEASTERLY SIDE OF UNION AVENUE IN THE CITY OF KINGSTON, BETWEEN THOMAS AND CORNELL STREETS, KNOWN AND DISTINGUISHED UPON A MAP OF THE PROPERTY OF THE ESTATE OF SAID THOMAS CORNELL MADE BY B.B. CODWISE, CIVIL ENGINEER, BEARING DATE APRIL 11TH, 1888, AS LOT FIVE (5) SIX (6) AND SEVEN (7) UPON SAID MAP, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST CORNER OF LOT SEVEN WHICH IS ALSO THE CORNER OF CORNELL STREET, WHERE IT INTERSECTS WITH UNION AVENUE, AND RUNS FROM THENCE IN THE SOUTHERLY BOUNDS OF CORNELL STREET, N. 48 DEGREES 10' EAST THE DISTANCE OF ONE HUNDRED AND THIRTY-EIGHT (138) FEET, TO THE SOUTH BOUNDS OF LOT (8) EIGHT AS LAID DOWN UPON SAID MAP, THENCE ALONG IN THE SOUTH BOUNDS OF LOT (8) AFORESAID S. 41 DEGREES 50' EAST ALONG THE REAR OF LOTS SEVEN, SIX AND FIVE (7, 6 & 5) AS AFORESAID THE DISTANCE OF SEVENTY-TWO (72) FEET TO A LOT OF LAND OWNED BY MAX OPPENHEIMER AND KNOWN ON SAID MAP AS LOT FOUR (4); THENCE IN THE DIVISION LINE BETWEEN LOT FOUR AND FIVE AS LAID DOWN UPON SAID MAP, SOUTH 48 DEGREES 10' W. ONE HUNDRED AND TWENTY-TWO (122) FEET, AND FIFTY-FOUR HUNDREDTHS OF A FOOT (122 54/100 FEET) TO THE NORTHEASTERLY BOUNDS OF SAID UNION AVENUE; THENCE ALONG IN SAID NORTHEASTERLY BOUNDS OF SAID UNION AVENUE NORTH 53 DEGREES 57' WEST ALONG THE FRONT OF SAID LOTS FIVE, SIX AND SEVEN (5, 6 & 7) THE DISTANCE OF SEVENTY-THREE FEET AND SIXTY-FIVE HUNDREDTHS OF A FOOT (73 65/100 FEET) TO THE PLACE OF BEGINNING; AND A PART OF SAID PREMISES BEING A PART OF THE SAME THAT WAS CONVEYED TO THOMAS CORNELL BY JANSEN HASBROUCK AND WIFE BEARING DATE MARCH 3, 1877 AND RECORDED IN THE OFFICE OF THE CLERK OF ULSTER COUNTY IN BOOK NO. 204 OF DEEDS AT PAGE 403 MARCH 6TH, 1877, THE BALANCE OF THE PROPERTY HEREINBEFORE DESCRIBED AND HEREIN INTENDED TO BE CONVEYED WAS CONVEYED TO THOMAS CORNELL BY JAMES E. OSTRANDER AND WIFE BY DEED BEARING DATE FEBRUARY 8TH, 1869, AND RECORDED IN ULSTER COUNTY CLERK'S OFFICE IN BOOK 175 OF DEEDS AT PAGE 29, FEBRUARY 6TH, 1872. (E) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF BROOKLYN IN THE COUNTY OF KINGS AND THE CITY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF WASHINGTON AVENUE DISTANT 636.45 FEET SOUTHERLY FROM THE INTERSECTION OF THE SOUTHERLY SIDE OF EASTERN PARKWAY AND WESTERLY SIDE OF WASHINGTON AVENUE, SAID POINT BEING THE POINT OF BEGINNING; RUNNING THENCE SOUTHERLY ALONG THE WESTERLY SIDE OF WASHINGTON AVENUE, A DISTANCE OF 345.43 FEET; THENCE WESTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 90 DEGREES 00 MINUTES 00 SECONDS, A DISTANCE OF 122.68 FEET; THENCE NORTH- A. 10083 9 ERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 58 DEGREES 50 MINUTES 53 SECONDS, A DISTANCE OF 123.94 FEET; THENCE NORTHERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 159 DEGREES 18 MINUTES 33 SECONDS, A DISTANCE OF 36.59 FEET; THENCE NORTHERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 169 DEGREES 36 MINUTES 23 SECONDS, A DISTANCE OF 26.26 FEET; THENCE WESTERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 123 DEGREES 49 MINUTES 33 SECONDS, A DISTANCE OF 58.57 FEET; THENCE SOUTHWESTERLY ALONG THE LINE FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 129 DEGREES 53 MINUTES 13 SECONDS, A DISTANCE OF 108.38 FEET; THENCE WESTERLY, A DISTANCE OF 84.05 FEET ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 192.59 FEET, AND HAVING A CENTRAL ANGLE OF 25°00'14"; THENCE WESTERLY, A DISTANCE OF 58.94 FEET ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 181.42 FEET, AND HAVING A CENTRAL ANGLE OF 18°36'54". THENCE WESTERLY, A DISTANCE OF 354.56 FEET; THENCE NORTHERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 90 DEGREES 14 MINUTES 09 SECONDS, A DISTANCE OF 114.49 FEET; THENCE EASTERLY ALONG THE LINE FORM- ING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 286 DEGREES 53 MINUTES 22 SECONDS, A DISTANCE OF 7.54 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 195 DEGREES 07 MINUTES 53 SECONDS, A DISTANCE OF 159.88 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 193 DEGREES 52 MINUTES 57 SECONDS, A DISTANCE OF 161.51 FEET; THENCE WESTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 257 DEGREES 31 MINUTES 43 SECONDS, A DISTANCE OF 116.17 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 7.07 FEET ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 4.50 FEET, A CENTRAL ANGLE OF 89°59'10" AND A CHORD OF 6.36 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE WITH THE PREVI- OUS COURSE OF 135 DEGREES 01 MINUTES 12 SECONDS; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD OF THE ABOVE-REFER- ENCED CURVE OF 135 DEGREES 01 MINUTES 17 SECONDS, A DISTANCE OF 135.59 FEET; THENCE EASTERLY, A DISTANCE OF 81.93 FEET ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 272.93 FEET, A CENTRAL ANGLE OF 17°11'59" AND A CHORD OF 81.63 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 186 DEGREES 52 MINUTES 37 SECONDS; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD OF THE ABOVE-REFERENCED CURVE OF 192 DEGREES 21 MINUTES 11 SECONDS, A DISTANCE OF 38.24 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF 183 DEGREES 09 MINUTES 51 SECONDS, A DISTANCE OF 21.53 FEET TO THE POINT OF BEGINNING. (F) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF KINGS, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE LYING AND BEING IN THE BOROUGH OF BROOKLYN, COUNTY OF KINGS, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF SYNDER AVENUE, WITH THE EASTERLY SIDE OF BEDFORD AVENUE; THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF SYNDER AVENUE, 99 FEET 10 INCHES; THENCE SOUTHERLY PARALLEL WITH MEDFORD AVENUE, 80 FEET 11 1/6 INCHES TO THE CENTER LINE OF UNION STREET, AS SHOWN ON THE BERGEN MAP; THENCE WESTERLY ALONG THE CENTER LINE OF UNION STREET, AS AFORESAID, 99 FEET 10 INCHES TO THE EASTERLY SIDE OF BEDFORD AVENUE; A. 10083 10 THENCE NORTHERLY ALONG THE EASTERLY SIDE OF BEDFORD AVENUE, 81 FEET 1/8 INCHES TO THE POINT OR PLACE OF BEGINNING. (G) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF KINGS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF GRAND STREET, DISTANT THREE HUNDRED AND NINETEEN FEET AND THREE INCHES EASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY OF GRAND STREET WITH THE EASTERLY SIDE OF BERRY (FORMERLY THIRD) STREET, WHICH POINT OF BEGINNING IS WHERE A LINE DRAWN ALONG THE EASTERLY WALL OF THE HOUSE NOW OR FORMERLY OWNED BY ONE SCHAEFER INTERSECTS THE NORTHERLY SIDE OF GRAND STREET; RUNNING THENCE NORTHERLY ALONG THE EASTERLY WALL OF THE HOUSE NOW OR FORMERLY OWNED BY ONE SCHAEFER, SEVENTY ONE FEET AND SIX INCHES; THENCE EASTERLY NEARLY PARALLEL WITH GRAND STREET, EIGHTEEN FEET AND FIVE INCHES; THENCE SOUTHERLY, SEVENTY FEET AND SEVEN INCHES TO THE NORTHERLY SIDE OF GRAND STREET AT A POINT, SIXTEEN FEET EASTERLY FROM THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE NORTHERLY SIDE OF GRAND STREET, SIXTEEN FEET. (H) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF MANHATTAN IN THE CITY AND COUNTY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF FULTON STREET WITH THE WESTERLY SIDE OF BROADWAY; RUNNING THENCE SOUTHERLY ALONG THE WESTERLY SIDE OF BROADWAY, 78 FEET 11 1/2 INCHES TO AN ANGLE POINT, IN SAID WESTERLY SIDE OF BROADWAY; THENCE SOUTHERLY STILL ALONG THE WESTERLY SIDE OF BROADWAY, 75 FEET 3 INCHES TO THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE OF BROADWAY WITH THE NORTHERLY SIDE OF DEY STREET; THENCE WESTERLY ALONG THE NORTHERLY SIDE OF DEY STREET, 275 FEET 6 3/4 INCHES; THENCE NORTHERLY ALONG A LINE WHICH FORMS AN ANGLE ON ITS WESTERLY SIDE WITH THE NORTHERLY SIDE OF DEY STREET OF 91 DEGREES 21 MINUTES 50 SECONDS, 77 FEET 5 1/2 INCHES; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE ON ITS SOUTHERLY SIDE WITH THE LAST DESCRIBED COURSE OF 91 DEGREES 21 MINUTES 50 SECONDS, 75 FEET 4 5/8 INCHES; THENCE NORTHERLY ALONG A LINE WHICH FORMS AN ANGLE ON ITS WESTERLY SIDE WITH THE LAST DESCRIBED COURSE OF 91 DEGREES 00 MINUTES 00 SECONDS, 77 FEET 5 1/4 INCHES TO THE SOUTHERLY SIDE OF FULTON STREET; THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF FULTON STREET, 99 FEET 8 INCHES TO AN ANGLE POINT ON SAID SOUTHERLY SIDE OF FULTON STREET; THENCE EASTERLY STILL ALONG THE SOUTHERLY SIDE OF FULTON STREET, 100 FEET 2 1/2 INCHES TO THE POINT OR PLACE OF BEGINNING. TOGETHER WITH BENEFITS AND SUBJECT TO THE TERMS CONTAINED IN THAT CERTAIN EASEMENT AND LICENSE AGREEMENT DATED AS OF APRIL 20, 1993 BETWEEN KALIKOW FULTON CHURCH REALTY COMPANY AND 195 PROPERTY COMPANY AND RECORDED ON MAY 10, 1993 IN REEL 1969 PAGE 1310. (I) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR THE CONSUMPTION ON THE PREMISES LOCATED WHOL- LY WITHIN THE BOUNDARIES OF THE COUNTY OF ULSTER, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT PIECE OR PARCEL OF LAND, SITUATE IN THE CITY OF KINGSTON, COUNTY OF ULSTER AND STATE OF NEW YORK DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE CONCRETE SIDEWALK ON THE SOUTH BOUNDS OF MAIN STREET A. 10083 11 AT ITS INTERSECTION WITH THE WEST BOUNDS OF FAIR STREET; THENCE SOUTH 8 DEGREES 10 HOURS 9 MINUTES EAST ALONG THE WEST BOUNDS OF FAIR STREET 105.31 FEET TO A SPIKE IN LINE WITH A THREE STORY BRICK BUILDING ON LANDS NOW OR FORMERLY NORMAN G. LEBHAR AND JOHN W. KRUEGER (L.1516 P.425); THENCE SOUTH 83 DEGREES 26 HOURS 38 MINUTES WEST ALONG SAID BUILDING AND LANDS OF LEBHAR AND KRUEGER 46.27 FEET TO A CORNER OF SAID BUILDING; THENCE NORTH 8 DEGREES 4 HOURS 13 MINUTES WEST ALONG LANDS NOW OR FORMERLY LAWRENCE A. QUILTY AND OTHERS (L.1422 P.123) AND ALONG THE BRICK BUILDING ON THE HEREIN DESCRIBED PARCEL 102.62 FEET TO A REINFORCEMENT ROD SET ON THE SOUTH BOUNDS OF MAIN STREET; THENCE NORTH 80 DEGREES 6 HOURS 32 MINUTES EAST ALONG SAID BOUNDS OF MAIN STREET 46.10 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE SAME PREMISES AS CONVEYED BY BERNARD R. HERZBERG AND THE ESTATE OF ROSALYN M. NAVE, MARGARET D. HUFF, EXECUTRIX TO MARK J. BERLANGA BY DEED DATED SEPTEMBER 15, 1995 AND RECORDED IN THE ULSTER COUNTY CLERK'S OFFICE ON SEPTEMBER 20, 1995 IN LIBER 2525 OF DEEDS AT PAGE 200. (J) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ERIE, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 77, TOWNSHIP 11, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, AND FURTHER DISTINGUISHED AS PARTS OF SUBDIVISION LOTS 1 AND 2 IN BLOCK "D" AS SHOWN ON A MAP FILED IN THE ERIE COUNTY CLERK'S OFFICE UNDER COVER NO. 781 AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF HERTEL AVENUE AS NOW LAID OUT 100 FEET WIDE WITH THE EASTERLY LINE OF SARANAC AVENUE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SARANAC AVENUE 120 FEET; THENCE EASTERLY PARALLEL WITH HERTEL AVENUE 100 FEET; THENCE SOUTHERLY PARALLEL WITH SARANAC AVENUE AND ALONG THE EASTERLY LINE OF SAID SUBDIVISION LOT NO. 2, A DISTANCE OF 120 FEET TO THE NORTHERLY LINE OF HERTEL AVENUE; THENCE WESTERLY ALONG SAID LINE OF HERTEL AVENUE 100 FEET TO THE POINT OF BEGINNING. (K) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ERIE, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF BUFFALO, COUN- TY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO.48, TOWNSHIP 11, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF ELMWOOD AVENUE DISTANT 191.1 FEET NORTH OF THE INTERSECTION OF SAID EASTERLY LINE OF ELMWOOD AVENUE WITH THE NORTHERLY LINE OF BIRD AVENUE; RUNNING THENCE NORTHERLY ALONG THE SAID EASTERLY LINE OF ELMWOOD AVENUE 63 FEET; THENCE EASTERLY AT RIGHT ANGLES WITH ELMWOOD AVENUE 140 FEET; THENCE SOUTHERLY PARALLEL WITH ELMWOOD AVENUE 63 FEET; THENCE WESTERLY AT RIGHT ANGLES TO ELMWOOD AVENUE 140 FEET TO THE SAID EASTERLY LINE OF ELMWOOD AVENUE TO THE POINT OR PLACE OF BEGINNING. ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. FORTY-EIGHT (48), TOWNSHIP ELEVEN (11) AND RANGE EIGHT (8) OF THE HOLLAND LAND COMPANY'S SURVEY AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF ELMWOOD AVENUE ONE HUNDRED SIXTY AND ONE-TENTH (160.10) FEET NORTHERLY FROM ITS INTER- SECTION WITH THE NORTHERLY LINE OF BIRD AVENUE, RUNNING THENCE NORTHERLY A. 10083 12 ON SAID EASTERLY LINE OF ELMWOOD AVENUE THIRTY-ONE (31) FEET; THENCE EASTERLY AT RIGHT ANGLES TO ELMWOOD AVENUE ONE HUNDRED FORTY (140) FEET; THENCE SOUTHERLY PARALLEL WITH ELMWOOD AVENUE THIRTY-ONE (31) FEET; THENCE WESTERLY AT RIGHT ANGLES TO ELMWOOD AVENUE, ONE HUNDRED FORTY (140) FEET TO THE EASTERLY LINE OF ELMWOOD AVENUE AT THE PLACE OF BEGIN- NING. ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 48, TOWNSHIP 11, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF ELMWOOD AVENUE, DISTANT 321.50 FEET SOUTH FROM THE INTERSECTION OF SAID EAST LINE WITH THE SOUTH LINE OF FOREST AVENUE; THENCE SOUTH ALONG THE EAST LINE OF ELMWOOD AVENUE, 49 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE EAST LINE OF ELMWOOD AVENUE, 140 FEET TO A POINT, THENCE NORTH, PARALLEL WITH THE EAST LINE OF ELMWOOD AVENUE, 49 FEET TO A POINT; THENCE WEST IN A STRAIGHT LINE, 140 FEET TO THE POINT OF BEGINNING. (L) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE LEWISTON FIRE DEPARTMENT LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF NIAGARA, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE IN THE VILLAGE OF LEWISTON, COUNTY OF NIAGARA AND STATE OF NEW YORK, BEING NEW LOT "C" ACCORDING TO A MAP MADE BY JAMES M. MCINTYRE, SURVEYOR, ON APRIL 8, 2011 AND FILED IN THE NIAGARA COUNTY CLERK'S OFFICE ON JUNE 13, 2012 IN BOOK 64 OF MICROFILMED MAPS, AT PAGE 6441M SHOWING RE-SUBDIVISION OF OLD SUBLOTS 169 AND 170 ON THE EAST SIDE OF THE NORTH FIFTH STREET; AND SUBLOTS 154, 155 AND 156 ON THE SOUTH SIDE OF ONONDAGA STREET AS SHOWN ON MAP OF PART 1 OF SAID VILLAGE MADE BY J.P. HAINES, C.E. IN 1839 AND FILED WITH THE DEED ATLAS IN NIAGARA COUNTY CLERK'S OFFICE, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE INTERSECTION OF THE SOUTH LINE OF ONONDAGA STREET AND THE WEST LINE OF NORTH SIXTH STREET; THENCE SOUTH ALONG THE WEST LINE OF NORTH SIXTH STREET, A DISTANCE OF 264.00 FEET; THENCE WEST AT AN INTERIOR ANGLE OF 90°10'33", A DISTANCE OF 198.00 FEET TO THE EAST LINE OF NORTH FIFTH STREET; THENCE NORTH ALONG THE EAST LONE OF NORTH FIFTH STREET, AT AN INTERIOR ANGLE OF 89°29'47", A DISTANCE OF 132.00 FEET; THENCE EAST AT AN INTERIOR ANGLE OF 90°10'33", A DISTANCE OF 102.00 FEET; THENCE NORTH AT AN EXTERIOR ANGLE OF 90°10'33", A DISTANCE OF 132.00 FEET TO THE SOUTH LINE OF ONONDAGA STREET; THENCE EAST ALONG THE SOUTH LINE OF ONONDAGA STREET, A DISTANCE OF 96.00 FEET TO THE POINT OF BEGINNING. (M) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF JEFFERSON, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, SITUATED IN THE CITY OF WATERTOWN, COUNTY OF JEFFERSON AND STATE OF NEW YORK, DESCRIBED AS FOLLOWS: BEGINNING IN THE WESTERLY MARGIN OF MASSEY STREET WHERE IT INTERSECTS THE SOUTHERLY MARGIN OF PROSPECT STREET; THENCE SOUTHERLY ALONG THE MARGIN OF SAID MASSEY STREET ABOUT 6 RODS AND 1/4 OF A ROD TO LAND FORMERLY OWNED BY ED. BOHL; THENCE WESTERLY AT RIGHT ANGLES ALONG THE NORTHERLY LINE OF SAID BOHL LOT TO A POINT THEREIN 34 FEET FROM THE SOUTHEASTERLY CORNER OF A LOT OF LAND CONVEYED TO CHARLES J. GILLINGHAM BY JAMES A. BELL ABOUT 115 FEET 7 INCHES; A. 10083 13 THENCE NORTHERLY AT RIGHT ANGLES AND PARALLEL WITH THE EASTERLY LINE OF SAID GILLINGHAM'S LOT ABOUT 6 1/4 RODS TO PROSPECT STREET; THENCE EASTERLY ALONG THE SOUTH MARGIN OF SAID PROSPECT STREET TO THE PLACE OF BEGINNING, AND ALL THE LANDS BELONGING TO THE LAND HEREBY CONVEYED AND LYING IN FRONT OF THE SAME MASSEY AND PROSPECT STREETS; BEING THE SAME PREMISES CONVEYED TO VINCENT CAVALLERIO AND ADRIANNA CAVALLARIO BY JOSEPH SCARABINO, BY DEED DATED MAY 27, 1977, AND RECORDED IN THE JEFFERSON COUNTY CLERK'S OFFICE ON MAY 27, 1977 IN LIBER 881 OF DEEDS AT PAGE 418. VINCENT CAVALLARIO DIED IN THE CITY OF WATERTOWN ON AUGUST 17, 1984; ALSO BEING THE SAME PREMISES CONVEYED TO ADRIANA CAVALLARIO AND PETER G. CAVALLARIO, AS TRUSTEES OF THE LIVING TRUST OF ADRIANA CAVALLARIO, UNDER AGREEMENT DATED OCTOBER 14, 1995, BY ADRIANA CAVALLARIA, BY WARRANTY DEED DATED OCTOBER 24, 1995 AND RECORDED IN THE JEFFERSON COUN- TY CLERK'S OFFICE ON NOVEMBER 8, 1995 IN LIBER 1483 AT PAGE 15; ALSO BEING THE PREMISES KNOWN AS 133 NORTH MASSEY STREET, WATERTOWN, NEW YORK. (N) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF WASHINGTON, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PARCEL OF LAND LOCATED AT THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF MAIN STREET AND MAPLE STREET IN THE VILLAGE OF HUDSON FALLS, WASHINGTON COUNTY, NEW YORK, AND WHICH SAID PARCEL IN MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MARKING THE INTERSECTION OF THE EASTERLY BOUNDS OF MAIN STREET WITH THE SOUTHERLY BOUNDS OF MAPLE STREET; RUNNING THENCE FROM THE POINT OF BEGINNING IN AN EASTERLY DIRECTION ALONG THE SOUTHERLY BOUNDS OF MAPLE STREET. SOUTH 86 DEGREES 47 MINUTES 40 SECONDS EAST FOR A DISTANCE OF 229.47 FEET TO A POINT; RUNNING THENCE IN A SOUTHERLY DIRECTION, SOUTH 07 DEGREES 28 MINUTES 10 SECONDS WEST FOR A DISTANCE OF 100.05 FEET TO A POINT; RUNNING THENCE IN A NORTHERLY LINE OF LANDS OF THE FIRST BAPTIST CHURCH OF HUDSON FALLS; RUNNING THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERLY LINE OF SAID LANDS OF SAID CHURCH, NORTH 84 DEGREES 58 MINUTES 20 SECONDS WEST FOR A DISTANCE OF 206.70 FEET TO A POINT IN THE EASTERLY BOUNDS OF MAIN STREET; RUNNING THENCE IN A NORTH- ERLY DIRECTION ALONG THE EASTERLY BOUNDS OF MAIN STREET, NORTH 06 DEGREES 11 MINUTES 40 SECONDS WEST FOR A DISTANCE OF 94.47 FEET TO THE POINT OF BEGINNING. THE SAME TO CONTAIN 0.483 ACRES ±. REFERENCE TO THE ABOVE DESCRIPTION IS A SURVEY MAP TITLED "MAP OF A SURVEY OF LANDS OF THE COUNTY OF WASHINGTON" PREPARED BY CHARLES T. NANCY, LICENSED LAND SURVEYOR, DATED AUGUST 4, 1994 AND ON FILE AT THE WASHINGTON COUNTY CLERK'S OFFICE IN DRAWER 31B OF MAPS AND MAP NUMBER 31B-160. ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE VILLAGE OF HUDSON FALLS, WASHINGTON COUNTY, NEW YORK BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF MAPLE STREET IN SAID VILLAGE FIFTY FEET WESTERLY OF A STEEL BOLT IN THE NORTHWEST CORNER OF THE NEW YORK TELEPHONE CO.'S LOT, WHICH SAID POINT IS AT THE WEST END OF A RETAINING CURBING TO THE SOUTH LINE OF BRICK DRIVEWAY, THENCE RUNNING NORTH 75 DEGREES EAST ALONG SAID SOUTH LINE OF MAPLE STREET FIFTY FEET TO A BOLT DRIVEN IN THE GROUND FOR A MONUMENT AS A MARKER; THENCE SOUTH- ERLY ONE HUNDRED AND EIGHT AND SEVEN TENTHS FEET TO AN IRON BOLT DRIVEN IN THE GROUND FIFTY FEET FROM THE WEST LINE OF LOT HEREBY CONVEYED; THENCE EASTERLY FIFTY-ONE FEET TO A LARGE IRON PIPE DRIVEN IN THE GROUND A. 10083 14 FOR A MONUMENT; THENCE SOUTHERLY ABOUT TWO FEET EASTERLY OF THE GARAGE BUILDING ON SAID PROPERTY FIFTY-SIX FEET TO THE LOCATION OF THE BOUNDARY LINE BETWEEN LANDS FORMERLY OWNED BY ELISHA BAKER, AND SAMUEL TAPPIN AND U. CORNELL ALLEN, THE SAME BEING THE SOUTHERLY BOUNDARY LINE OF THE PREMISES HEREBY CONVEYED; THENCE WESTERLY ON SAID BOUNDARY LINE ONE HUNDRED AND TWO FEET TO THE EAST LINE OF THE BAPTIST CHURCH LOT, WHICH LOT LAST MENTIONED LINE IS MONUMENTED; THENCE ALONG THE EAST LINE OF SAID CHURCH LOT AND THE LOT FORMERLY OWNED BY CRENVILLE M. INGALSBE ONE HUNDRED AND SIXTY-ONE FEET TO THE PLACE OF BEGINNING. THE ABOVE DESCRIBED PREMISES ARE CONVEYED SUBJECT TO A CERTAIN RIGHT OF WAY OVER SAME HERETOFORE GRANTED BY GEORGE H. NEWTON TO HUDSON RIVER TELEPHONE CO. BY DEED DATED JULY 10, 1915 AND RECORDED IN WASHINGTON COUNTY CLERK'S OFFICE IN LIBER 138 OF DEEDS AT PAGE 134. A MORE MODERN DESCRIPTION OF THE ABOVE PREMISES IS AS FOLLOWS: COMMENCING IN THE SOUTHERLY BOUNDS OF MAPLE STREET AT THE NORTHWEST CORNER OF PREMISES FORMERLY OF NEW YORK TELEPHONE COMPANY; RUNNING THENCE ALONG THE WESTERLY BOUNDS OF SAID LANDS FORMERLY OF NEW YORK TELEPHONE COMPANY; RUNNING THENCE ALONG THE WESTERLY BOUNDS OF SAID LANDS FORMERLY OF NEW YORK TELEPHONE COMPANY ON A COURSE OF SOUTH 7 DEGREES 29 MINUTES WEST FOR A DISTANCE OF 108.66 FEET TO A POINT FOR A CORNER; RUNNING THENCE SOUTH 85 DEGREES 03 MINUTES EAST FOR A DISTANCE OF 50.97 FEET TO AN IRON PIPE FOUND FOR A CORNER; RUNNING THENCE SOUTH 8 DEGREES 35 MINUTES WEST FOR A DISTANCE OF 56.65 FEET TO AN IRON PIPE FOUND FOR A CORNER; RUNNING THENCE NORTH 83 DEGREES 40 MINUTES WEST FOR A DISTANCE OF 101.94 FEET ALONG THE NORTHERLY BOUNDS OF LANDS FORMERLY OF O.T. GRIFFIN TO A POINT FOR A CORNER IN THE EASTERLY BOUNDS OF THE BAPTIST CHURCH LOT; RUNNING THENCE NORTH 8 DEGREES 17 MINUTES EAST FOR A DISTANCE OF 162.10 FEET TO A POINT IN THE SOUTHERLY BOUNDS OF MAPLE STREET; RUNNING THENCE SOUTH 85 DEGREES 57 MINUTES EAST FOR A DISTANCE OF 49.90 FEET TO THE POINT AND PLACE OF BEGINNING. THE AFOREDESCRIBED PREMISES ARE DEPICTED ON A CERTAIN "MAP OF LANDS OF VILLAGE OF HUDSON FALLS AT "#8 MAPLE STREET" DATED NOVEMBER 2, 1953 BY LESLIE W. COULTER AND FILED IN THE WASHINGTON COUNTY CLERK'S OFFICE ON JANUARY 11, 1954, AS MAP NO. 02. (O) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES OCCUPYING THE SOUTHERNMOST PORTION OF THE BUILDINGS AND IMPROVEMENTS FURTHER IDENTI- FIED AS SUITE TWO HUNDRED TEN AND LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF WESTCHESTER, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE CITY OF WHITE PLAINS, COUNTY OF WESTCHESTER, STATE OF NEW YORK, MORE PARTICULAR- LY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY SIDE OF MAIN STREET AS THE SAME IS NOW LAID OUT AND ESTABLISHED WHERE SAID NORTHERLY SIDE OF MAIN STREET IS INTERSECTED BY THE DIVISION LINE BETWEEN THE PREMISES HEREBY DESCRIBED AND LAND NOW OR FORMERLY OF HENRY E. HARTNETT SAID POINT BEING AT THE SOUTHEASTERLY CORNER OF THE PARCEL HEREBY DESCRIBED; THENCE RUNNING ALONG THE NORTHERLY SIDE OF MAIN STREET AS NOW ESTAB- LISHED, SOUTH 76 DEGREES 38 MINUTES 54 SECONDS WEST 48.24 FEET TO A MONUMENT THENCE ON A CURVE TO THE RIGHT FORMING THE NORTHEASTERLY CORNER OF MAIN STREET AND CHURCH STREET SAID CURVE HAVING A RADIUS OF 26.03 FEET, A DISTANCE OF 39.836 FEET (39.84 FEET PER DEED) TO THE EASTERLY SIDE OF CHURCH STREET; THENCE RUNNING ALONG THE EASTERLY SIDE OF CHURCH STREET NORTH 15 DEGREES 40 MINUTES WEST 205.61 FEET TO THE NORTHWESTERLY CORNER OF THE A. 10083 15 PREMISES HEREBY DESCRIBED AND TO THE SOUTHERLY LINE OF A 12 FOOT DRIVE- WAY LEADING FROM LAND OF HENRY E. HARTNETT TO CHURCH STREET; THENCE RUNNING ALONG THE SOUTHERLY SIDE OF SAID DRIVEWAY, NORTH 74 DEGREES 18 MINUTES 50 SECONDS EAST 74.84 FEET TO THE NORTHEASTERLY CORNER OF THE PREMISES HEREBY DESCRIBED AND LAND OF HENRY E. HARTNETT; THENCE ALONG SAID LAND OF HENRY E. HARTNETT, SOUTH 15 DEGREES 15 MINUTES 30 SECONDS EAST 233.60 FEET TO THE NORTHERLY SIDE OF MAIN STREET, AT THE POINT OR PLACE OF BEGINNING. TOGETHER WITH THE BENEFITS OF A CERTAIN DECLARATION OF EASEMENT MADE BY MARKBETH BUILDING CORP DATED OCTOBER 28, 1981 AND NOVEMBER 10, 1981 IN LIBER 7736 CP 262 AS SET FORTH THEREIN. (P) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF ERIE, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEING PART OF LOT NUMBER SEVENTY-ONE (71), TOWNSHIP ELEVEN (11), RANGE EIGHT (8) OF THE HOLLAND LAND COMPANY'S SURVEY AND IN A SUBDIVISION OF PART OF SAID LOTS 71 AND 72, MADE FOR MAIN STREET LAND AND IMPROVEMENT CO., BY C.F. WITMER, SURVEYOR, A MAP OF WHICH SUBDIVI- SION IS ON FILE IN ERIE COUNTY CLERK'S OFFICE UNDER COVER 292. THIS PREMISES HERBY CONVEYED BEING DESIGNATED AS SUBDIVISION LOT NO. THIRTY- NINE (39) IN BLOCK "C" AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF MAIN STREET THIRTY-SIX AND ONE-HALF (36-1/2) FEET NORTHERLY FROM ITS INTERSECTION WITH THE NORTHERLY LINE OF HEATH STREET (FORMERLY MORTON STREET). RUNNING THENCE NORTHERLY ALONG SAID LINE OF MAIN STREET THIRTY-SIX AND ONE-HALF (36-1/2) FEET; THENCE WESTERLY AT RIGHT ANGLES WITH SAID LINE OF MAIN STREET TO A SIXTEEN (16) FOOT ALLEY; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID ALLEY TO A POINT WHERE A LINE DRAWN AT RIGHT ANGLES WITH SAID LINE OF MAIN STREET WOULD INTERSECT SAID LINE OF MAIN STREET AT THE PLACE OF BEGINNING AND THENCE EASTERLY AT RIGHT ANGLES WITH MAIN STREET TO THE SAID LINE OF MAIN STREET AT THE PLACE OF BEGINNING. (Q) PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE COUNTY OF BROOME, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF BINGHAMTON, COUNTY OF BROOME, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTHERLY STREET BOUN- DARY OF HENRY STREET AND THE EASTERLY STREET BOUNDARY OF WATER STREET, AT THE SOUTHWESTERLY CORNER OF THE PREMISES HEREIN DESCRIBED; THENCE N 17°-02'-44" E ALONG SAID EASTERLY STREET BOUNDARY OF WATER STREET A DISTANCE OF 96.66 FEET TO A POINT; THENCE N 19°-42'-08" E ALONG SAID EASTERLY STREET BOUNDARY OF WATER STREET A DISTANCE OF 25.28 FEET TO A 5/8 INCH REBAR WITH PLASTIC YELLOW CAP MARKED "JENNINGS" FOUND AT THE SOUTHWESTERLY CORNER OF LANDS OWNED BY THE CITY OF BINGHAMTON AS RECORDED IN THE BROOME COUNTY CLERK'S OFFICE IN LIBER 549 AT PAGE 418; THENCE S 77°-19'-48" E ALONG THE SOUTHERLY BOUNDARY OF LANDS OWNED BY SAID CITY OF BINGHAMTON A DISTANCE OF 118.89 FEET TO A MASONRY NAIL FOUND IN THE WESTERLY BOUNDARY OF LANDS OWNED BY SAMUEL DIAMOND (LIBER 1198, PAGE 377); THENCE S 17°-49'-47" W ALONG SAID WESTERLY BOUNDARY OF LANDS OWNED BY DIAMOND A DISTANCE OF 14.00 FEET TO A 1/2 INCH REBAR FOUND; A. 10083 16 THENCE S 82°-36'-13" E ALONG THE SOUTHERLY BOUNDARY OF LANDS OWNED BY SAID DIAMOND A DISTANCE OF 5.06 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LANDS OWNED BY WASHINGTON BUILDING MANAGEMENT COMPANY (LIBER 1750, PAGE 69); THENCE S 15°-00'-17" W ALONG THE WESTERLY BOUNDARY OF LANDS OWNED BY SAID COMPANY A DISTANCE OF 42.68 FEET TO A POINT; THENCE, S 83°-53'-13" E ALONG THE SOUTHERLY BOUNDARY OF LANDS OWNED BY SAID COMPANY A DISTANCE OF 28.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LANDS OWNED BY KENNETH AND ISABELLE MITCHELL (LIBER 1316, PAGE 33) ON THE EXTERIOR FACE OF A BUILDING WALL; THENCE, ALONG THE WESTERLY BOUNDARY OF LANDS OWNED BY SAID MITCHELL THE FOLLOWING THREE COURSES: 1. S 11°-52'-47" W ALONG SAID WALL A DISTANCE OF 33.68 FEET TO A POINT IN A PARTY BUILDING WALL; 2. S 84°-51'-13" E ALONG SAID PARTY WALL A DISTANCE OF 7.57 FEET TO A POINT; 3. S 14°-48'-47" W ALONG THE CENTERLINE OF A PARTY BUILDING WALL A DISTANCE OF 35.26 FEET TO A POINT IN SAID NORTHERLY STREET BOUNDARY OF HENRY STREET; THENCE N 77°-32'-37" W ALONG SAID NORTHERLY STREET BOUNDARY OF HENRY STREET A DISTANCE OF 165.87 FEET TO THE POINT OF BEGINNING AS SURVEYED BY PAUL B. KOERTS, PROFESSIONAL LAND SURVEYOR ON MARCH 11, 1996. THE BEARINGS ARE REFERENCED TO RECORD NORTH FOR LANDS OWNED BY SAID CITY OF BINGHAMTON (LIBER 549, PAGE 418). TOGETHER WITH THE FOLLOWING: 1. A RIGHT-OF-WAY OVER THE WESTERLY 12.5 FEET OF SO MUCH OF THE PREM- ISES DESCRIBED ABOVE AS ADJOINS THE PREMISES FORMERLY OF CHARLES A. WILKINSON, NOW OF CLARE B. RISK, ON THE WEST (BEING THE NORTHERLY 40 FEET THEREOF, MORE OR LESS), AND ADJOINING THE PREMISES DESCRIBED ABOVE ON THE EAST, AS GRANTED IN A DEED FROM CHARLES A. WILKINSON, ET AL, TO JOHN HULL, JR., ET AL, DATED FEBRUARY 24, 1886 AND RECORDED IN THE BROOME COUNTY CLERK'S OFFICE ON NOVEMBER 20, 1886 IN BOOK 130 OF DEEDS AT PAGE 546. 2. THE BENEFITS CONTAINED IN AN AGREEMENT BETWEEN HULL, GRUMMOND & CO. AND GEORGE F. O'NEIL PROVIDING FOR THE ERECTION OF A PARTY WALL RECORDED IN THE BROOME COUNTY CLERK'S OFFICE ON OCTOBER 28, 1913 IN BOOK 247 OF DEEDS AT PAGE 313. 3. THE BENEFITS CONTAINED IN AN AGREEMENT BETWEEN MABEL D. EGGLESTON AND HULL-GRUMMOND & CO., INC. PROVIDING FOR THE ERECTION OF A PARTY WALL RECORDED IN THE BROOME COUNTY CLERK'S OFFICE ON AUGUST 28, 1918 IN BOOK 281 OF DEEDS AT PAGE 179. 3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION SIXTY-FOUR-A OF THIS CHAPTER, THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP: (A) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN OVER- NIGHT LODGING FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF MANHATTAN IN THE CITY AND COUNTY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF 7TH AVENUE, DISTANT 25 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF 7TH AVENUE AND 132ND STREET; RUNNING THENCE EASTERLY PARALLEL WITH THE NORTHERLY SIDE OF 132ND STREET AND PART OF THE DISTANCE OF THE DISTANCE THROUGH A PARTY WALL, 75 FEET; A. 10083 17 THENCE NORTHERLY PARALLEL WITH 7TH AVENUE, 49 FEET 11 INCHES; THENCE WESTERLY PARALLEL WITH 132ND STREET 75 FEET TO THE EASTERLY SIDE OF 7TH AVENUE; THENCE SOUTHERLY ALONG THE EASTERLY SIDE OF 7TH AVENUE, 49 FEET 11 INCHES TO THE POINT OR PLACE OF BEGINNING, BEING THE SAME PREMISES LOCATED AT 2247 ADAM CLAYTON POWELL, JR. BOULEVARD (SEVENTH AVENUE), BLOCK 1917, LOT 2 DESCRIBED IN DEED MADE BY 2247-49 ACP SOUTH REALTY LLC TO AIMCO 2247-2253 ACP, LLC, DATED JUNE TWENTY-NINTH, TWO THOUSAND SEVEN AND RECORDED JULY SEVENTH, TWO THOUSAND SEVEN IN THE OFFICE OF THE CITY REGISTER, NEW YORK COUNTY AS DOCUMENT NUMBER 2007071001657001. (B) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE TOWN OF BAINBRIDGE, COUNTY OF CHENANGO, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON STAKE AT THE CURB ON THE NORTH SIDE OF NORTH MAIN STREET, WHICH STAKE IS IN A LINE WITH THE EDGE OF THE CONCRETE SIDEWALK IN FRONT OF THE IRELAND HARDWARE BLOCK; THENCE TO THE JOINT CORNER OF SAID HARDWARE BLOCK AND THE CONCRETE POST AT THE SOUTHWEST CORNER OF THE CENTRAL HOTEL, TWENTY-SEVEN (27) FEET; THENCE ALONG THE FOUNDATION WALL OF SAID HOTEL FORTY (40) FEET TO AN IRON STAKE UNDER A PART OF THE IRELAND HARDWARE STORE BUILDING SIX (6) FEET FROM THE CORNER OF SAID FOUNDATION WALL AND ON A CONTINUATION OF SAID LINE ALONG THE HOTEL FOUN- DATION; THENCE AT AN APPROXIMATE RIGHT ANGLE IN A NORTHEASTERLY DIREC- TION ALONG A LINE PARALLEL TO AND SIX (6) FEET DISTANT FROM THE FOUNDA- TION WALL ON THE "ELL" OF THE HOTEL TO A POINT SIX (6) FEET DISTANT FROM THE FOUNDATION WALL OF THE MAIN BUILDING OF THE HOTEL, FOURTEEN (14) FEET; THENCE AGAIN AT A RIGHT ANGLE IN AN APPROXIMATELY NORTH-WESTERLY DIRECTION ON A LINE PARALLEL TO AND SIX (6) FEET DISTANT FROM THE FOUN- DATION WALL OF SAID HOTEL BUILDING FORTY-THREE (43) FEET TO AN IRON STAKE; THENCE IN A NORTHEASTERLY DIRECTION ON A LINE FROM SAID STAKE TOUCHING THE CORNER OF THE FOUNDATION WALL TO A POINT ON THE LINE OF PREMISES OF THE VENDOR AND PREMISES NOW OWNED BY EDWARD DANFORTH, KNOWN AS THE DANFORTH BLOCK; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID BOUNDARY LINE BETWEEN SAID PREMISES, WHICH LINE IS BELIEVED TO BE NINE (9) FEET DISTANT SOUTHWESTERLY FROM THE FOUNDATION WALL OF SAID DANFORTH BLOCK, TO THE CURB LINE; THENCE ALONG SAID CURB LINE IN A SOUTHWESTERLY DIRECTION TO THE POINT OR PLACE OF BEGINNING. BEING KNOWN AND DESIGNATED ON THE CHENANGO COUNTY TAX MAP FOR THE VILLAGE AND TOWN OF BAINBRIDGE AS PARCEL 265.11-2-15 AS SAID TAX MAP WAS ON THE 15TH DAY OF JUNE 2010. (C) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AND/OR AN OVER- NIGHT LODGING FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE BOROUGH OF MANHATTAN IN THE CITY AND COUNTY OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION FORMED BY THE EASTERLY SIDE OF FIFTH AVENUE AND THE SOUTHERLY SIDE OF EAST 117TH STREET; AND RUNNING THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF EAST 117TH STREET, 110 FEET 0 INCHES; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 100 FEET 11 INCHES; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 110 FEET 0 INCHES AT RIGHT ANGLES TO THE EASTERLY SIDE OF FIFTH AVENUE; THENCE NORTHERLY ALONG THE EASTERLY SIDE OF FIFTH AVENUE AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, 100 FEET 11 INCHES TO THE POINT OR PLACE OF BEGINNING. A. 10083 18 BEING KNOWN AND DESIGNATED ON THE TAX MAP OF THE CITY OF NEW YORK, FOR THE BOROUGH OF MANHATTAN, AS SECTION 6, BLOCK 1622 LOT 73 AS SAID TAX MAP WAS ON THE 26TH DAY OF NOVEMBER 1974. (D) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE CITY OF BINGHAMTON, COUNTY OF BROOME, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF BINGHAMTON, COUNTY OF BROOME, STATE OF NEW YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF FRONT STREET AND THE SOUTH LINE OF MAIN STREET; THENCE EASTERLY ALONG THE SOUTH LINE OF MAIN STREET MAKING AN INTERIOR ANGLE OF 100° 54' WITH THE EAST LINE OF FRONT STREET A DISTANCE OF 35.36 FEET TO A POINT IN THE CENTER LINE OF A FORMER TEN-FOOT RIGHT OF WAY; THENCE SOUTHERLY MAKING AN INTERIOR ANGLE OF 79° 15' WITH THE LAST COURSE A DISTANCE OF 107 FEET TO A POINT IN THE NORTH LINE OF AN ALLEY; THENCE WESTERLY ALONG THE NORTH LINE OF SAID ALLEY AND MAKING AN INTERIOR ANGLE OF 90° 07' WITH THE LAST COURSE A DISTANCE OF 35 FEET TO A POINT IN THE EAST LINE OF FRONT STREET; THENCE NORTHERLY ALONG SAID EAST LINE OF FRONT STREET AND MAKING AN INTERIOR ANGLE OF 89° 44' WITH THE LAST COURSE A DISTANCE OF 100.46 FEET TO THE POINT OF BEGINNING. HEREBY INTENDING TO DESCRIBE THE PREMISES COMMONLY KNOWN AS 11 MAIN STREET. (E) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE CITY OF BINGHAMTON, COUNTY OF BROOME, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BINGHAMTON, COUNTY OF BROOME AND STATE OF NEW YORK, ON THE WEST SIDE OF THE CHENANGO RIVER AT THE WEST END OF THE COURT STREET BRIDGE, AND BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PREMISES CONVEYED BY HARRY SMOLENSKY AND ANNA SMOLENSKY TO GUILIO MATTIOLI AND ANTHONY F. MATTIOLI, SR. BY FULL COVENANT DEED DATED FEBRUARY 28TH, 1963 AND RECORDED IN THE BROOME COUNTY CLERK'S OFFICE IN BOOK 1063 OF DEEDS AT PAGE 731 AND RUNNING THENCE NORTHERLY ALONG THE EASTERLY LINE OF PREMISES SO CONVEYED IN A STRAIGHT LINE TO LANDS FORMERLY THE HOMESTEAD PROPERTY OF BENJAMIN F. SISSON, THE SOUTHERLY PART OF WHICH IS THE THIRD PARCEL OF LAND DESCRIBED IN A WARRANTY DEED FROM ARCHIE S. BEERS BY ROLAND F. BEERS, HIS ATTORNEY IN FACT TO ARTHUR KRADJIAN AND KENNETH KRADJIAN DATED APRIL 18, 1967 AND RECORDED IN THE BROOME COUNTY CLERK'S OFFICE IN BOOK 1119 OF DEEDS AT PAGE 737; THENCE IN AN EASTERLY DIREC- TION ALONG THE SOUTH LINE OF THE SAID PREMISES FORMERLY OF ARTHUR KRAD- JIAN AND KENNETH KRADJIAN TO THE CHENANGO RIVER; THENCE SOUTHERLY ALONG THE WESTERLY BANK OF THE CHENANGO RIVER AS IT WINDS AND TURNS TO THE NORTH SIDE OF MAIN STREET; THENCE IN A WESTERLY DIRECTION ALONG THE NORTH SIDE OF SAID MAIN STREET TO THE POINT OR PLACE OF BEGINNING. (F) PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE CITY OF BINGHAMTON, COUNTY OF BROOME, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF BINGHAMTON, COUNTY OF BROOME AND STATE OF NEW YORK, BEING A STRIP OF LAND TWELVE (12) FEET WIDE, FRONT AND REAR TAKEN OFF THE ENTIRE SOUTHERLY SIDE OF PREMISES DESCRIBED IN 1936 AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF BINGHAMTON, COUNTY OF BROOME AND STATE OF NEW YORK, AND BEING THE HOMESTEAD PROPERTY OF BENJAMIN F. SISSON, DECEASED, A. 10083 19 SITUATE ON THE EAST SIDE OF FRONT STREET IN SAID CITY AND BEING ABOUT EIGHTY-SEVEN (87) FEET WIDE FRONT ON FRONT STREET AND EXTENDING TO THE CHENANGO RIVER AND BOUNDED AS FOLLOWS: ON THE NORTH BY LANDS OF CARRIE M. WALDRON (FORMERLY OWNED BY CHARLES D. ROGERS), ON THE SOUTH BY LANDS OF CONINE & GLEASON, C. F. & W. W. SISSON, IDA R. BUCKINGHAM AND JAMES W. LYON; ON THE EAST BY THE CHENANGO RIVER AND ON THE WEST BY FRONT STREET, AND INCLUDING ALL THE LANDS CONVEYED TO BENJAMIN F. SISSON BY THREE DEEDS, TO WIT: ONE FROM THE VILLAGE OF BINGHAMTON DATED APRIL 10, 1867 AND RECORDED IN THE BROOME COUNTY CLERK'S OFFICE IN BOOK 74 OF DEEDS AT PAGE 125; ONE FROM SARAH R. GRAVES AND HERMAN W. GRAVES DATED JULY 9, 1875 AND RECORDED IN THE BROOME COUNTY CLERK'S OFFICE IN BOOK 93 OF DEEDS AT PAGE 174; AND ONE FROM CHARLES D. ROGERS AND WIFE DATED JULY 9, 1875 AND RECORDED IN THE BROOME COUNTY CLERK'S OFFICE IN BOOK 98 OF DEED AT PAGE 369 AND ALSO INCLUDES THE NORTHERLY PART OF LANDS CONVEYED TO BENJAMIN F. SISSON BY JOHN S. WELLS AND WIFE BY DEED DATED JUNE 28, 1853 AND RECORDED IN THE BROOME COUNTY CLERK'S OFFICE IN BOOK 39 OF DEEDS AT PAGE 401 AND 402 TO ALL OF WHICH DEED REFERENCE IS HAD. 4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SIX OF SECTION SIXTY-FOUR-C OF THIS CHAPTER OR OF SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED SIX OF THIS CHAPTER, THE AUTHORITY MAY ISSUE A RESTAURANT BREWER'S LICENSE PURSUANT TO SECTION SIXTY-FOUR-C OF THIS CHAPTER FOR: (A) A PREMISES WHICH SHALL BE LOCATED WHOLLY WITHIN THE TOWN OF ULSTER, COUNTY OF ULSTER, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE TOWN OF ULSTER, COUNTY OF ULSTER AND THE STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF CITY VIEW TERRACE, SAID POINT BEING THE WESTERLY CORNER OF THE LANDS OF THE STATE OF NEW YORK AND A SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHEASTERLY SIDE OF CITY VIEW TERRACE, NORTH 43 DEGREES 36 MINUTES 03 SECONDS WEST, 109.02 FEET TO A POINT ON THE SOUTHEASTERLY SIDE OF FOREST HILL DRIVE; THENCE ALONG THE SOUTHEASTERLY SIDE OF FOREST HILL DRIVE THE FOLLOWING COURSE AND DISTANCES, NORTH 16 DEGREES 32 MINUTES 34 SECONDS WEST, 92.62 FEET TO A POINT; THENCE NORTH 10 DEGREES 38 MINUTES 26 SECONDS EAST, 70.45 FEET TO A POINT; THENCE NORTH 35 DEGREES 53 MINUTES 26 SECONDS EAST, 122.45 FEET TO A POINT; THENCE NORTH 46 DEGREES 30 MINUTES 26 SECONDS EAST, 203.40 FEET TO A POINT; THENCE NORTH 62 DEGREES 37 MINUTES 26 SECONDS EAST; 115.94 FEET TO A POINT; THENCE NORTH 79 DEGREES 39 MINUTES 26 SECONDS EAST, 47.82 FEET TO A POINT; THENCE NORTH 45 DEGREES 16 MINUTES 41 SECONDS EAST, 63.33 FEET TO A RECOVERED BAR; THENCE ALONG THE BOUNDS OF LANDS OF NOW OR FORMERLY SKYTOP VILLAGE ASSOCIATES, L. 1916-P. 134, THE FOLLOWING COURSES AND DISTANCES, SOUTH 37 DEGREES 08 MINUTES 02 SECONDS EAST, 196.33 FEET TO A RECOVERED BAR; THENCE SOUTH 65 DEGREES 47 MINUTES 02 SECONDS EAST, 90.63 FEET TO A POINT; THENCE NORTH 77 DEGREES 23 MINUTES 58 SECONDS EAST, 233.85 FEET TO A RECOVERED BAR; THENCE NORTH 85 DEGREES 29 MINUTES 58 SECONDS EAST, 297.09 FEET TO A RECOVERED BAR; THENCE SOUTH 63 DEGREES 30 MINUTES 02 SECONDS EAST, 108.50 FEET TO A RECOVERED BAR; THENCE ALONG THE BOUNDS OF LANDS OF NOW OR FORMERLY ROBERT D. SABINO, L. 1487-P. 397, AND ALONG A STONE WALL, SOUTH 32 DEGREES 24 MINUTES 04 SECONDS WEST, 353.51 FEET TO A POINT; THENCE LEAV- ING SAID STONE AND ALONG THE BOUNDS OF LANDS OF NOW OR FORMERLY STANLEY AMERLING, L. 1440-P. 908, SOUTH 75 DEGREES 41 MINUTES 26 SECONDS WEST, 264.62 FEET TO A POINT; THENCE ALONG THE BOUNDS OF LANDS OF SUMMIT PROP- A. 10083 20 ERTIES, LLC, L. 2856-P. 82, THE FOLLOWING COURSES AND DISTANCES, NORTH 41 DEGREES 29 MINUTES 34 SECONDS WEST, 50.00 FEET TO A POINT; THENCE SOUTH 71 DEGREES 10 MINUTES 26 SECONDS WEST, 89.84 FEET TO A POINT; THENCE SOUTH 59 DEGREES 51 MINUTES 26 SECONDS WEST, 251.72 FEET TO A POINT; THENCE SOUTH 13 DEGREES 15 MINUTES 34 SECONDS EAST, 90.20 FEET TO A POINT; THENCE ALONG THE BOUNDS OF LANDS OF SAID STATE OF NEW YORK, THE FOLLOWING COURSES AND DISTANCES, NORTH 56 DEGREES 41 MINUTES 34 SECONDS WEST, 168.79 FEET TO A POINT; THENCE NORTH 75 DEGREES 51 MINUTES 34 SECONDS WEST, 254.10 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE SAME PREMISES AS CONVEYED TO SKYTOP MOTEL, LLC BY DEED OF STEWART TITLE, AS AGENT OF THE GRANTOR, SKYTOP MOTEL, INC., DATED APRIL 29, 2003 AND RECORDED IN THE OFFICE OF THE ULSTER COUNTY CLERK ON JUNE 10, 2003 AS DOCUMENT NO. 2003-00016207, RECEIPT NO. 48178, BK-D VI-3621, PG-171. (B) FOR A PREMISES WHICH SHALL BE LOCATED WHOLLY WITHIN THE CITY OF PEEKSKILL, COUNTY OF WESTCHESTER, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: ANY SUCH PREMISES OR BUSINESS LOCATED ON ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE CITY OF PEEKSKILL, COUNTY OF WESTCHESTER AND STATE OF NEW YORK, THAT IS A PORTION OF PARCEL I AS IT IS SHOWN ON THAT CERTAIN MAP ENTITLED, "SURVEY . . AT CHARLES POINT . . " WHICH WAS FILED IN THE WESTCHESTER COUNTY CLERK'S OFFICE ON OCTOBER 23, 1980 AS MAP NO. 20407 THAT IS BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SHORELINE OF THE HUDSON RIVER AND WITHIN THE BOUNDS OF THE SAID PARCEL I AS IT IS SHOWN ON THE SAID FILED MAP NO. 20407, WHICH POINT OCCUPIES COORDINATE POSITION: NORTH 464418.83 (Y) EAST 607401.00 (X) OF THE NEW YORK STATE COORDINATE SYSTEM, EAST ZONE AND WHICH POINT IS DISTANT, THE FOLLOWING COURSES FROM THE SOUTHERLY CORNER OF THE PARCEL SHOWN ON MAP NO. 20407 THAT OCCUPIES COORDINATE POSITION NORTH 463520.804 (Y) EAST 608470.681 (X) OF THE AFORESAID NEW YORK STATE COORDINATE SYSTEM, EAST ZONE: NORTH 47 DEGREES 30' 36" WEST 856.60 FEET, NORTH 77 DEGREES 10' 53" WEST 488.18 FEET, NORTH 41 DEGREES 17' 53" WEST 113.32 FEET AND NORTH 41 DEGREES 50' 16" EAST 169.08 FEET; THENCE FROM THE SAID POINT OF BEGINNING ALONG THE SAID EASTERLY SHORE- LINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON RIVER: DUE NORTH 16.17 FEET, NORTH 53 DEGREES 58' 22" WEST 13.60 FEET, NORTH 73 DEGREES 04' 21" WEST 24.04 FEET, NORTH 63 DEGREES 26' 06" WEST 22.36 FEET, NORTH 82 DEGREES 18' 14" WEST 37.34 FEET, NORTH 64 DEGREES 47' 56" WEST 37.58 FEET, SOUTH 82 DEGREES 52' 30" WEST 16.12 FEET, NORTH 61 DEGREES 41' 57" WEST 14.76 FEET AND SOUTH 21 DEGREES 48' 05" WEST 9.71 FEET; THENCE LEAVING THE HIGH WATER MARK AND RUNNING ACROSS A PENINSULA OF LAND AND ALONG THE DIVISION LINE BETWEEN PARCEL I AND PARCEL II AS SHOWN ON SAID FILED MAP NO. 20407, NORTH 65 DEGREES 32' 43" WEST 30.18 FEET TO ANOTHER POINT ON THE SAID EASTERLY SHORELINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON RIVER; THENCE NORTHERLY ALONG THE SAID HIGH WATER MARK, THE FOLLOWING COURS- ES: NORTH 3 DEGREES 00' 46" WEST 17.54 FEET, A. 10083 21 NORTH 13 DEGREES 45' 39" WEST 50.45 FEET, NORTH 10 DEGREES 49' 23" WEST 69.23 FEET, NORTH 0 DEGREES 47' 22" WEST 52.48 FEET TO A POINT WHICH IS THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED 40 FOOT EASEMENT WHICH POINT OCCUPIES COORDINATE POSITION NORTH 464676.48 (Y) EAST 607189.28 (X) OF THE NEW YORK STATE COORDINATE SYSTEM, EAST ZONE; THENCE CONTINUING ALONG THE AFORESAID EASTERLY SHORELINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON, THE FOLLOWING COURSES: NORTH 10 DEGREES 18' 17" WEST 23.91 FEET, NORTH 39 DEGREES 04' 58" WEST 21.39 FEET, NORTH 20 DEGREES 13' 30" WEST 21.74 FEET, NORTH 39 DEGREES 02' 08" WEST 95.27 FEET, NORTH 13 DEGREES 08' 02" WEST 30.81 FEET, NORTH 18 DEGREES 26' 06" WEST 53.76 FEET, NORTH 28 DEGREES 10' 43" WEST 63.53 FEET, NORTH 18 DEGREES 26' 06" WEST 50.60 FEET, NORTH 37 DEGREES 14' 05" WEST 31.40 FEET, NORTH 21 DEGREES 15' 02" WEST 96.57 FEET, NORTH 32 DEGREES 00' 19" WEST 47.17 FEET, NORTH 1 DEGREE 18' 07" WEST 44.01 FEET AND NORTH 17 DEGREES 14' 29" EAST 29.32 FEET TO A POINT ON THE SOUTHERLY LINE OF LANDS UNDER LEASE TO THE COUNTY OF WESTCHESTER (RESCO SITE); THENCE ALONG THE SAID COUNTY OF WESTCHESTER (RESCO SITE) LANDS: DUE EAST 432.31 FEET TO A POINT ON THE WESTERLY LINE OF AN EASEMENT AND A RIGHT-OF-WAY LEADING TO CHARLES POINT AVENUE; THENCE ALONG THE SAID WESTERLY AND SOUTHWESTERLY LINE OF THE SAID RIGHT-OF-WAY LEADING TO CHARLES POINT AVENUE: DUE SOUTH 241.16 FEET AND SOUTH 27 DEGREES 13' 00" EAST 406.90 FEET TO A POINT; THENCE LEAVING THE SAID EASEMENT AND RUNNING ALONG OTHER LANDS NOW OR FORMERLY OF THE CITY OF PEEKSKILL INDUSTRIAL DEVELOPMENT AGENCY, SOUTH 41 DEGREES 50' 16" WEST 270.01 FEET TO THE AFOREMENTIONED EASTERLY SHORELINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON RIVER AND THE POINT OR PLACE OF BEGINNING. TOGETHER WITH AN EASEMENT OVER ALL THAT PARCEL OF LAND SITUATE IN THE CITY OF PEEKSKILL, COUNTY OF WESTCHESTER AND STATE OF NEW YORK THAT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF CHARLES POINT AVENUE WITH THE SAID WESTERLY LINE IS INTERSECTED BY THE LINE DIVIDING THE EASEMENT HEREIN DESCRIBED ON THE SOUTH FROM LANDS UNDER LEASE TO THE COUNTY OF WESTCHESTER (RESCO SITE) ON THE NORTH WHICH POINT OCCUPIES COORDINATE POSITION: NORTH 464719.99 (Y) EAST 608004.15 (X) OF THE NEW YORK STATE COORDINATE SYSTEM, EAST ZONE; THENCE FROM THE SAID POINT OF BEGINNING SOUTHERLY ALONG THE SAID WESTERLY LINE OF CHARLES POINT AVENUE, SOUTH 14 DEGREES 54' 00" WEST 103.48 FEET TO A POINT; THENCE WESTERLY ALONG OTHER LANDS OF THE CITY OF PEEKSKILL INDUSTRIAL DEVELOPMENT AGENCY: DUE WEST 396.44 FEET TO A POINT WHICH IS THE EASTER- LY MOST CORNER OF THE LANDS OF POINT ASSOCIATES, THE GRANTEE HEREIN; THENCE ALONG THE NORTHEASTERLY LINE OF THE SAID POINT ASSOCIATES' LAND, NORTH 27 DEGREES 13' 00" WEST 406.90 FEET AND DUE NORTH 241.16 FEET TO A POINT ON THE SOUTHERLY LINE OF THE AFOREMENTIONED LANDS LEASED TO THE COUNTY OF WESTCHESTER (RESCO SITE); A. 10083 22 THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE DUE EAST 75.00 FEET TO A POINT; THENCE SOUTHEASTERLY AND EASTERLY STILL ALONG THE SAID LANDS LEASED TO THE COUNTY OF WESTCHESTER (RESCO SITE) THE FOLLOWING COURSES: DUE SOUTH 223.00 FEET, SOUTH 27 DEGREES 13' 00" EAST 314.87 FEET AND DUE EAST 390.14 FEET TO THE AFOREMENTIONED WESTERLY LINE OF CHARLES POINT AVENUE AND THE POINT OR PLACE OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR UTILITIES, AND INGRESS AND EGRESS OVER THAT CERTAIN RIGHT OF WAY LEADING FROM CHARLES POINT AVENUE, NOW KNOWN AS JOHN E. WALSH BOULEVARD, IN A WESTERLY AND NORTHWESTERLY DIRECTION TO THE ABOVE DESCRIBED PREMISES AND AS MORE FULLY DESCRIBED IN THE DECLARATION OF EASEMENT RECORDED IN LIBER 8888 CP 35. 5. THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION ONE HUNDRED ONE OF THIS CHAPTER SHALL NOT APPLY TO: (A) 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; (B) 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 SEVENTY-FIVE ROOMS AND SUITES FOR OVER- NIGHT LODGING; A. 10083 23 (C) 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- 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; (D) 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 A. 10083 24 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; (E) 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 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 A. 10083 25 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; (F) 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 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 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 A. 10083 26 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 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. A. 10083 27 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 FEBRU- ARY 10, 1989 IN LIBER 450 OF DEEDS, AT PAGE 286; (G) 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 HEREIN- AFTER DESCRIBED SURVEY MAP; THENCE N 00° 58' 01" W A DISTANCE OF 166.00 A. 10083 28 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; (H) 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 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 A. 10083 29 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 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 NORTH- ERLY STREET LINE OF UNION STREET; THENCE WESTERLY ALONG THE NORTHERLY A. 10083 30 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; (I) 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 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, A. 10083 31 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; (J) 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 BREN- DA 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; (K) 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 PARAGRAPH. 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 SYRA- CUSE 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, A. 10083 32 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 NORTH- EAST 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 APPUR- TENANT 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 PERMA- NENT 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 A. 10083 33 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 OPER- ATE, 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 NECES- SARY 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; (L) 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 HEREINAFT- ER DESCRIBED AND LANDS NOW OR FORMERLY OF ONE RIVERDALE AVE. DEVELOP- MENT 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; (M) 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 GOLD- BERG 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 EAST- ERLY SHORE OF THE HUDSON RIVER 216 FEET MORE OR LESS TO THE MOST SOUTH- WESTERLY CORNER OF LAND HERETOFORE CONVEYED BY THE SAID HARRY GOLDBERG AND NORMAN GOLDBERG TO ARTHUR E. COLLINS AND ANOTHER HEREINBEFORE A. 10083 34 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 EAST- ERLY 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 NORTHWES- TERLY 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 SOUTH- WESTERLY CORNER OF THE BUILDING LOCATED ON THE HEREIN DESCRIBED PREM- ISES, 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 CONTIN- UING 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 CONTINU- ING 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; (N) 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 ENTER- TAINMENT ACTIVITIES AND OTHER GAMES, INCLUDING RELATED ATTRACTIONS AND SALES OF MERCHANDISE OTHER THAN FOOD AND ALCOHOLIC BEVERAGES, (IV) THE A. 10083 35 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; (O) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT PROHIBIT (I) A MANUFACTURER OR WHOLESALER, IF AN INDIVIDUAL, OR A PARTNER, OF A PART- NERSHIP, OR, IF A CORPORATION, AN OFFICER OR DIRECTOR THEREOF, 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 (II) A MANUFACTURER 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; (P) ANY SUCH PREMISES OR BUSINESS LOCATED IN THE TOWN OF CARMEL, COUN- TY 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 A. 10083 36 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 BIKEP- ATH; 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; OR (Q) 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: BEGIN- NING 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 BOUND- ARY 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 INTER- SECTION 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 CONTAIN- ING 0.507 PLUS OR MINUS ACRES. 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY: (A)(1) 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 IMPROVE- MENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE CITY OF CANAN- DAIGUA, COUNTY OF ONTARIO AND STATE OF NEW YORK AND BEING MORE PARTIC- ULARLY 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 A. 10083 37 DISTANCE OF 392.52 FEET TO AN IRON STAKE WHICH IS THE POINT AND PLACE OF BEGINNING. (II) THE CENTER MAY, BUT SHALL NOT BE REQUIRED TO, PRODUCE WINE AS A CONDITION OF SUCH LICENSE. (III) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFI- CER, 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 EMPLOY- EE. (IV) 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 EMPLOY- EE. 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. (V) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CENTER IS EXPRESSLY AUTHORIZED TO: (A) SELL NEW YORK STATE PRODUCED WINES, BEERS, CIDERS AND DISTILLED SPIRITS FOR BOTH ON AND OFF PREMISE CONSUMPTION; (B) 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; (C) PROVIDE BANQUET AND ENTERTAINMENT FACILITIES FOR THE GENERAL PUBLIC FOR PRIVATE PARTIES IN CONSIDERATION OF SUCH FEES AS ARE ESTAB- LISHED 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 (D) 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 ENGI- NEERING 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 EASTER- LY, 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 BUILD- ING 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 EXIST- ING 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 A. 10083 38 FEET TO A POINT; THENCE SOUTHERLY, AND ALONG THE EXISTING BUILDING FACE A DISTANCE OF 42.2 FEET AND CONTINUING SOUTHERLY ON THE BUILDING EXTEN- SION 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 EAST- ERLY, 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. (B)(I) 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. 10083 39 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 EMBANK- MENTS, 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 CORPO- RATION 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". (II) THE CENTER MAY, BUT SHALL NOT BE REQUIRED TO, PRODUCE WINE AS A CONDITION OF SUCH LICENSE. (III) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFI- CER, OR EMPLOYEE OF, OR PURVEYOR TO, THE CENTER BY REASON OF SUCH PERSON HOLDING A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED WITH A LICEN- SEE UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR EMPLOYEE. (IV) 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 LICEN- SEE 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. (V) THE CENTER IS EXPRESSLY AUTHORIZED TO: (A) CHARGE THE GENERAL PUBLIC SUCH AMOUNTS AS IT SEES FIT FOR THE TASTING OF NEW YORK STATE WINES SOLD ON THE PREMISES; (B) PROVIDE BANQUET AND ENTERTAINMENT FACILITIES FOR THE GENERAL PUBLIC FOR PRIVATE PARTIES IN CONSIDERATION OF SUCH FEES AS ARE ESTAB- LISHED 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 SPIR- ITS SELECTED BY PERSONS HIRING THE FACILITIES; AND (C) 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 A. 10083 40 SUCH AMOUNTS AS IT SEES FIT FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SUBPARAGRAPH. (C) 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 WASHING- TON 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 BOUNDA- RY 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 FOLLOW- ING 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'- A. 10083 41 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 A. 10083 42 THE NORTHERLY BOUNDARY OF LANDS NOW OR FORMERLY OF CHARLES R. WOOD FOUN- DATION: 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 ADIRON- DACK 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 LAKE- VIEW 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 WESTER- LY 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 CORPO- RATION; 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. (D) THE STATE LIQUOR AUTHORITY MAY ISSUE A LICENSE UNDER PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION SIXTY-FOUR-C OF THIS CHAPTER TO THE CULI- NARY INSTITUTE OF AMERICA, THE OWNER AND OPERATOR OF THE PARCELS DESCRIBED IN THIS SUBDIVISION, NOTWITHSTANDING THAT SUCH BEER BREWED ON ITS PREMISES SHALL BE SOLD TO RESTAURANT LICENSEES ON ITS PREMISES BY SAID CULINARY INSTITUTE OF AMERICA DIRECTLY AND NOT THROUGH A NEW YORK STATE LICENSED BEER WHOLESALER. THE LEGAL DESCRIPTIONS FOR THE PARCELS IDENTIFIED AS THE SITE ARE AS FOLLOWS: 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 A. 10083 43 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 MAID- MAN 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 DUTCH- ESS, 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 DIVI- SION 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 EASTER- LY, 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 PROP- ERTY 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, CONDI- TIONS AND RESTRICTIONS OF RECORD. A. 10083 44 SUBJECT TO THE FOLLOWING RESTRICTIONS, TO RUN WITH THE LAND IN PERPE- TUITY 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 DEVELOP- MENT, 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 REASON- ABLE 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 DIVI- SION 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, A. 10083 45 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-TAN- GENT CURVE TO THE LEFT HAVING A RADIUS OF 3175.00 FEET; THENCE NORTHWES- TERLY 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 HERE- IN 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: A. 10083 46 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. (E)(I) THE STATE LIQUOR AUTHORITY SHALL ISSUE A LICENSE UNDER SECTION SEVENTY-SIX-A OF THIS CHAPTER TO THE CONCORD GRAPE BELT HERITAGE ASSOCI- ATION 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 SOUTH- EAST 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 WEST- FIELD, 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 A. 10083 47 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. (II) THE CENTER MAY, BUT SHALL NOT BE REQUIRED TO, PRODUCE WINE AS A CONDITION OF SUCH LICENSE. (III) NO PERSON SHALL BE DISQUALIFIED FROM ACTING AS A DIRECTOR, OFFI- CER, OR EMPLOYEE OF, OR PURVEYOR TO, THE CENTER BY REASON OF SUCH PERSON HOLDING A LICENSE UNDER THIS CHAPTER, OR BEING AFFILIATED WITH A LICEN- SEE UNDER THIS CHAPTER AS A SHAREHOLDER, PARTNER, OFFICER, DIRECTOR, OR EMPLOYEE. (IV) 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 LICEN- SEE 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. (V) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CENTER IS EXPRESSLY AUTHORIZED TO: (A) SELL NEW YORK STATE PRODUCED WINES, BEERS AND DISTILLED SPIRITS FOR BOTH ON AND OFF PREMISE CONSUMPTION; (B) 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 (C) PROVIDE BANQUET AND ENTERTAINMENT FACILITIES FOR THE GENERAL PUBLIC FOR PRIVATE PARTIES IN CONSIDERATION OF SUCH FEES AS ARE ESTAB- LISHED 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 SPIR- ITS SELECTED BY PERSONS HIRING THE FACILITIES. 7. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED FIVE-A OF THIS CHAPTER, THE AUTHORITY SHALL ALLOW A BREWER, ONCE PER ANNUM, AND AFTER THE PROPERTY OWNER OBTAINS A PERMIT UNDER SECTION NINETY-SEVEN OF THIS CHAPTER, TO SELL OR OFFER AT NO COST BEER, BEGINNING AT EIGHT ANTEMERIDIAN AND ENDING AT THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS ARTICLE, AT THE FOLLOWING TWO LOCATIONS IN THE CITY OF UTICA, COUNTY OF ONEIDA, AND BOUNDED AND DESCRIBED AS FOLLOWS: PARCEL I BEGINNING AT THE NORTHWEST CORNER OF THE BEER STORAGE BUILDING AT THE CORNER OF EDWARD STREET AND WASMER STREET AND PROCEEDING NORTHERLY FOR A DISTANCE OF 76 FEET 1 INCH; THENCE 128 FEET 5 INCHES EASTERLY ALONG WASMER STREET; THENCE CONTINUING ALONG SAID WASMER STREET NORTHEASTERLY A. 10083 48 FOR A DISTANCE OF 202 FEET 10 INCHES TO THE CORNER OF WASMER STREET AND HAMILTON STREET. THENCE NORTHERLY ALONG HAMILTON STREET FOR A DISTANCE OF 46 FEET 8 INCHES TO THE INTERSECTION OF COLUMBIA STREET. THENCE NORTHWESTERLY ALONG COLUMBIA STREET FOR A DISTANCE OF 233 FEET 6 INCHES. THENCE SOUTH- WESTERLY FOR A DISTANCE OF 77 FEET 7 INCHES TO A FENCE. THENCE NORTHWES- TERLY FOR A DISTANCE OF 62 FEET AND THENCE SOUTHWESTERLY A DISTANCE OF 10 FEET 6 INCHES TO THE SOUTHEASTERN CORNER OF THE BREWERY GARAGE. THENCE, FOLLOWING THE GARAGE'S PERIMETER: FIRST IN A SOUTHWESTERLY DIRECTION FOR A DISTANCE OF 133 FEET 2 INCHES TO THE SOUTHWEST CORNER OF THE GARAGE; THENCE IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 22 FEET 5 INCHES; AND THENCE IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 11 FEET 2 INCHES, THEN IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 100 FEET, TO A FENCE JUST BEFORE THE SIDEWALK ON SCHUYLER STREET; THENCE SOUTHWESTERLY FOR A DISTANCE OF 234 FEET 5 INCHES TO THE BREWERY MAIN COMPLEX. THENCE FOLLOWING THE PERIMETER OF THE BREWERY COMPLEX BUILDINGS SOUTH- EAST FOR A DISTANCE OF 82 FEET 8 INCHES, NORTHEASTERLY FOR A DISTANCE OF 81 FEET 11 INCHES; THENCE SOUTHEASTERLY FOR A DISTANCE OF 85 FEET 3 INCHES; THENCE NORTHEASTERLY FOR A DISTANCE OF 21 FEET 6 INCHES; AND THENCE SOUTHEASTERLY FOR A DISTANCE OF 96 FEET 8 INCHES TO THE NORTH- WESTERN CORNER OF THE SHIPPING OFFICE. FROM THE NORTHWESTERN CORNER OF THE SHIPPING OFFICE, SOUTHEASTERLY FOR A DISTANCE OF 33 FEET 9 INCHES; THENCE SOUTHWESTERLY FOR A DISTANCE OF 37 FEET 8 INCHES; THENCE SOUTHEASTERLY FOR A DISTANCE OF 65 FEET 8 INCH- ES; THENCE SOUTHERLY FOR A DISTANCE OF 27 FEET 4 INCHES; THENCE EASTERLY FOR A DISTANCE OF 33 FEET, TO THE POINT OR PLACE OF BEGINNING. PARCEL II BEGINNING AT THE IRON FENCE WHICH IS 26 FEET NORTHWEST OF THE SOUTH- WEST CORNER OF THE TOUR CENTER ON COURT STREET; THENCE 66 FEET, 7 INCHES NORTHEAST, 11 FEET 7 INCHES NORTHWEST TO THE WEST CORNER OF THE TOUR CENTER PARKING LOT STAIRS. PROCEEDING NORTHEASTERLY 71 FEET 10 INCHES, THENCE NORTHWESTERLY 19 FEET 10 INCHES TO THE SOUTHEASTERN CORNER OF THE BOILER ROOM BUILDING. THENCE NORTHWESTERLY 161 FEET; SOUTH BY SOUTHWEST 80 FEET; SOUTHWEST 58 FEET 5 INCHES AND FINALLY SOUTHEAST 155 FEET TO THE POINT OR PLACE OF BEGINNING. 8. THE PROVISIONS OF SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED SIX OF THIS CHAPTER SHALL NOT APPLY: (A) ON REAL PROPERTY OWNED BY AN INTERSTATE RAILROAD CORPORATION OR A UNITED STATES CERTIFICATED AIRLINE WITH A RETAIL LICENSE FOR ON-PREMISES CONSUMPTION; OR (B) ON PREMISES OR WITH RESPECT TO A BUSINESS CONSTITUTING AN OVER- NIGHT 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 SEVEN- TY-NINE, TWO HUNDRED EIGHT, TWO HUNDRED NINETY-EIGHT, TWO HUNDRED NINE- TY-NINE, THREE HUNDRED, THREE HUNDRED EIGHTEEN, THREE HUNDRED NINETEEN, THREE HUNDRED TWENTY, THREE HUNDRED THIRTY-FIVE AND THREE HUNDRED THIR- TY-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 - NINE- TEEN HUNDRED SIXTY-FOUR EDITION, IN THE ESSEX COUNTY ATLAS AT PAGE TWEN- TY-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; OR A. 10083 49 (C) ON PREMISES OR WITH RESPECT TO THE OPERATION OF A RESTAURANT 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, PROVIDED THAT THE BUILDING, THE INTERIOR OF THE RETAIL PREMISE AND THE RENTAL THEREFOR FULLY COMPLY WITH THE CRITE- RIA SET FORTH IN PARAGRAPH TWO OF SUBDIVISION THREE OF SECTION ONE HUNDRED ONE OF THIS CHAPTER; OR (D) 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; OR (E) 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 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 A. 10083 50 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 (F) 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 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 A. 10083 51 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 EIGHTY-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 AT 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' 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. A. 10083 52 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; (G) 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 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 A. 10083 53 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; (H) ANY SUCH PREMISES OR BUSINESSES LOCATED ON ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE CITY OF SYRACUSE, COUNTY OF ONONDAGA, STATE OF NEW YORK, LYING GENERALLY NORTHWESTERLY OF THE WEST HIAWATHA BOULEVARD, AND GENERALLY NORTHEASTERLY OF THE NEW YORK STATE BARGE CANAL, BEING A PORTION OF LOT 11I AND LOT 11J OF THE CAROUSEL CENTER SUBDIVISION AS SHOWN ON A RESUBDIVISION PLAN OF THE CAROUSEL CENTER SUBDIVISION FILED AS MAP NO. 8743 IN THE ONONDAGA COUNTY CLERK'S OFFICE, AND AS OF MAY 20, 2014 IDENTIFIED AS SPACE L323 IN A LEASE BETWEEN THE LIQUOR LICENSE APPLICANT AND PROPERTY OWNER AND ON THE THIRD LEVEL OF THE SHOPPING CENTER THEREON, SUCH SHOPPING CENTER LAND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF THE INTERSECTION OF THE DIVISION LINE BETWEEN THE NORTHEASTERLY BOUNDARY OF THE NEW YORK STATE BARGE CANAL, SYRACUSE TERMINAL DESIGNATED AS "PARCEL NO. T-111" ON THE SOUTHWEST AND LOT 11I OF THE CAROUSEL CENTER SUBDIVISION ON THE NORTHEAST WITH THE NORTHWESTERLY BOUNDARY OF WEST HIAWATHA BOULEVARD; THENCE NORTH 50 DEG. 26 MIN. 28 SEC. WEST, ALONG SAID DIVISION LINE, 690.72 FEET; TO A POINT; THENCE THROUGH LOT 11I AND 11J OF SAID SUBDIVISION THE FOLLOWING THIR- TY-FIVE (35) COURSES AND DISTANCES: 1) THENCE NORTH 40 DEG. 22 MIN. 15 SEC. EAST 191.79 FEET TO A POINT; 2) THENCE SOUTH 82 DEG. 04 MIN. 58 SEC. EAST 294.58 FEET TO A POINT; 3) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 314.89 FEET TO A POINT; 4) THENCE SOUTH 82 DEG. 07 MIN. 45 SEC. EAST 53.96 FEET TO A POINT; 5) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 70.18 FEET TO A POINT; 6) THENCE SOUTH 82 DEG. 07 MIN. 44 SEC. EAST 40.81 FEET TO A POINT; 7) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 35.49 FEET TO A POINT; 8) THENCE SOUTH 82 DEG. 07 MIN. 50 SEC. EAST 1.52 FEET TO A POINT; 9) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 45.53 FEET TO A POINT; 10) THENCE SOUTH 82 DEG. 07 MIN. 44 SEC. EAST 92.67 FEET TO A POINT; 11) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 194.00 FEET TO A POINT; 12) THENCE NORTH 82 DEG. 07 MIN. 44 SEC. WEST 121.00 FEET TO A POINT; 13) THENCE NORTH 07 DEG. 52 MIN. 14 SEC. EAST 408.67 FEET TO A POINT; 14) THENCE SOUTH 82 DEG. 07 MIN. 44 SEC. EAST 168.50 FEET TO A POINT; 15) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 34.33 FEET TO A POINT; 16) THENCE SOUTH 82 DEG. 07 MIN. 44 SEC. EAST 15.33 FEET TO A POINT; A. 10083 54 17) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 341.67 FEET TO A POINT; 18) THENCE NORTH 82 DEG. 07 MIN. 44 SEC. WEST 199.44 FEET TO A POINT; 19) THENCE NORTH 07 DEG. 52 MIN. 31 SEC. EAST 0.97 FEET TO A POINT; 20) THENCE NORTH 52 DEG. 50 MIN. 09 SEC. EAST 11.22 FEET TO A POINT; 21) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 20.77 FEET TO A POINT; 22) THENCE NORTH 37 DEG. 05 MIN. 57 SEC. WEST 30.86 FEET TO A POINT; 23) THENCE NORTH 82 DEG. 07 MIN. 44 SEC. WEST 21.02 FEET TO A POINT; 24) THENCE SOUTH 52 DEG. 13 MIN. 00 SEC. WEST 5.85 FEET TO A POINT; 25) THENCE NORTH 82 DEG. 07 MIN. 44 SEC. WEST 7.41 FEET TO A POINT; 26) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 108.15 FEET TO A POINT; 27) THENCE SOUTH 82 DEG. 07 MIN. 44 SEC. EAST 0.75 FEET TO A POINT; 28) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 22.46 FEET TO A POINT; 29) THENCE NORTH 82 DEG. 07 MIN. 44 SEC. WEST 0.75 FEET TO A POINT; 30) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 43.48 FEET TO A POINT; 31) THENCE NORTH 52 DEG. 52 MIN. 15 SEC. EAST 7.78 FEET TO A POINT; 32) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 47.79 FEET TO A POINT; 33) THENCE NORTH 37 DEG. 07 MIN. 44 SEC. WEST 7.78 FEET TO A POINT; 34) THENCE NORTH 07 DEG. 52 MIN. 16 SEC. EAST 198.11 FEET TO A POINT; AND 35) THENCE SOUTH 82 DEG. 07 MIN. 44 SEC. EAST 207.07 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE ROUTE 81, THENCE ALONG THE WESTERLY AND SOUTHWESTERLY RIGHT OF WAY LINE OF INTERSTATE ROUTE 81, IN A GENERALLY SOUTHEASTERLY DIRECTION, THE FOLLOWING SEVEN (7) COURSES AND DISTANCES: 1) THENCE SOUTH 18 DEG. 26 MIN. 44 SEC. EAST 44.24 FEET TO A POINT; 2) THENCE SOUTH 31 DEG. 26 MIN. 40 SEC. EAST 70.85 FEET TO A POINT; 3) THENCE SOUTH 37 DEG. 56 MIN. 38 SEC. EAST 377.51 FEET TO A POINT; 4) THENCE SOUTH 33 DEG. 48 MIN. 10 SEC. EAST 129.69 FEET TO A POINT; 5) THENCE SOUTH 32 DEG. 22 MIN. 13 SEC. EAST 213.26 FEET TO A POINT; 6) THENCE SOUTH 42 DEG. 27 MIN. 42 SEC. EAST 58.65 FEET TO A POINT; AND 7) THENCE SOUTH 40 DEG. 20 MIN. 45 SEC. EAST 77.11 FEET TO ITS INTER- SECTION WITH LANDS APPROPRIATED BY THE PEOPLE OF THE STATE OF NEW YORK DESCRIBED AS MAP 1401 PARCEL 1831 IN BOOK 5256 OF DEEDS AT PAGE 686 AND BOOK 5274 OF DEEDS AT PAGE 836; THENCE ALONG THE BOUNDS OF SAID MAP 1401 PARCEL 1831 THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES: 1) SOUTH 07 DEG. 30 MIN. 19 SEC. EAST 39.16 FEET TO A POINT; THENCE 2) SOUTH 03 DEG. 25 MIN. 41 SEC. WEST 30.00 FEET TO A POINT; THENCE 3) SOUTH 12 DEG. 49 MIN. 21 SEC. WEST 30.00 FEET TO A POINT; THENCE 4) SOUTH 22 DEG. 11 MIN. 30 SEC. WEST 30.00 FEET TO A POINT; THENCE 5) SOUTH 31 DEG. 35 MIN. 08 SEC. WEST 30.00 FEET TO A POINT; THENCE 6) SOUTH 40 DEG. 57 MIN. 25 SEC. WEST 30.01 FEET TO A POINT; THENCE 7) SOUTH 48 DEG. 44 MIN. 51 SEC. WEST 20.00 FEET TO A POINT; THENCE 8) SOUTH 55 DEG. 01 MIN. 19 SEC. WEST 19.99 FEET TO A POINT; THENCE 9) SOUTH 65 DEG. 30 MIN. 44 SEC. WEST 8.49 FEET TO A POINT; THENCE 10) NORTH 75 DEG. 22 MIN. 31 SEC. WEST 38.92 FEET TO A POINT; THENCE 11) NORTH 29 DEG. 08 MIN. 26 SEC. WEST 25.83 FEET TO A POINT; THENCE 12) NORTH 07 DEG. 58 MIN. 33 SEC. WEST 20.27 FEET TO A POINT; THENCE 13) NORTH 07 DEG. 40 MIN. 45 SEC. EAST 100.00 FEET TO A POINT; THENCE 14) NORTH 82 DEG. 23 MIN. 04 SEC. WEST 1.00 FEET TO A POINT; AND 15) SOUTH 07 DEG. 40 MIN. 49 SEC. WEST 425.30 TO ITS INTERSECTION WITH THE NORTHERLY BOUNDS OF MAP 1402 PARCEL 1836 OF SAID APPROPRIATION; THENCE ALONG THE BOUNDS OF MAP 1402 PARCEL 1836 AS DESCRIBED IN BOOK 5256 OF DEEDS AT PAGE 686 AND BOOK 5274 OF DEEDS AT PAGE 836 THE FOLLOW- ING THREE (3) COURSES AND DISTANCES: 1) SOUTH 07 DEG. 40 MIN. 17 SEC. WEST 70.35 FEET TO A POINT; THENCE A. 10083 55 2) SOUTH 82 DEG. 09 MIN. 26 SEC. EAST 1.00 FEET TO A POINT; AND 3) NORTH 07 DEG. 40 MIN. 37 SEC. EAST 70.35 FEET TO ITS INTERSECTION WITH THE BOUNDS OF THE HEREINABOVE DESCRIBED MAP 1401 PARCEL 1831; THENCE ALONG THE BOUNDS OF SAID MAP 1401 PARCEL 1831 THE FOLLOWING TEN (10) COURSES AND DISTANCES: 1) NORTH 07 DEG. 40 MIN. 37 SEC. EAST 100.00 FEET TO A POINT; THENCE 2) NORTH 40 DEG. 32 MIN. 01 SEC. EAST 61.06 FEET TO A POINT; THENCE 3) NORTH 50 DEG. 26 MIN. 34 SEC. EAST 110.76 FEET TO A POINT; THENCE 4) NORTH 55 DEG. 51 MIN. 53 SEC. EAST 43.02 FEET TO A POINT; THENCE 5) NORTH 66 DEG. 11 MIN. 17 SEC. EAST 30.00 FEET TO A POINT; THENCE 6) NORTH 79 DEG. 28 MIN. 24 SEC. EAST 30.00 FEET TO A POINT; THENCE 7) SOUTH 87 DEG. 12 MIN. 02 SEC. EAST 30.00 FEET TO A POINT; THENCE 8) SOUTH 73 DEG. 54 MIN. 22 SEC. EAST 30.00 FEET TO A POINT; THENCE 9) SOUTH 59 DEG. 56 MIN. 49 SEC. EAST 33.00 FEET TO A POINT; AND 10) SOUTH 47 DEG. 06 MIN. 38 SEC. EAST 95.11 FEET TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN LOT 11J ON THE NORTHWEST AND THE LANDS NOW OR FORMERLY OF WOODSTEAD ENTERPRISES CO. AS DESCRIBED IN BOOK 3530 OF DEEDS AT PAGE 257 ON THE SOUTHEAST (FORMERLY LANDS OF ROME WATERTOWN AND OSWEGO RAILROAD COMPANY VIA LETTERS PATENT, BOOK 292, PAGE 264); THENCE SOUTH 28 DEG. 12 MIN. 27 SEC. WEST ALONG SAID DIVISION LINE AND ALONG THE NORTHWESTERLY BOUNDARY OF WEST HIAWATHA BOULEVARD IN PART, 36.93 FEET TO ITS POINT OF INTERSECTION WITH NORTHEASTERLY BOUNDARY OF WEST HIAWATHA BOULEVARD; THENCE NORTH 61 DEG. 43 MIN. 58 SEC. WEST ALONG SAID NORTHEASTERLY BOUNDARY 158.30 FEET TO ITS POINT OF INTERSECTION WITH THE NORTHWESTERLY BOUNDARY OF SAID WEST HIAWATHA BOULEVARD; THENCE WEST ALONG SAID NORTHWESTERLY BOUNDARY THE FOLLOWING THREE (3) COURSES: 1) SOUTH 30 DEG. 39 MIN. 30 SEC. WEST 599.46 FEET TO A POINT; THENCE 2) SOUTH 30 DEG. 30 MIN. 42 SEC. WEST 62.49 FEET TO A POINT; AND 3) SOUTH 23 DEG. 40 MIN. 55 SEC. WEST 220.04 FEET TO ITS POINT OF INTERSECTION WITH SOUTHWESTERLY BOUNDARY OF WEST HIAWATHA BOULEVARD; THENCE SOUTH 49 DEG. 30 MIN. 46 SEC. EAST ALONG SAID SOUTHWESTERLY BOUNDARY, 0.30 FEET TO ITS POINT OF INTERSECTION WITH THE FIRST HEREINABOVE DESCRIBED NORTHWESTERLY BOUNDARY OF WEST HIAWATHA BOULEVARD; THENCE SOUTH 40 DEG. 26 MIN. 20 SEC. WEST, ALONG SAID NORTHWESTERLY BOUNDARY, 98.08 FEET TO ITS POINT OF INTERSECTION WITH THE DIVISION LINE BETWEEN LOT 11J ON THE NORTHEAST AND LOT 11H OF THE CAROUSEL CENTER SUBDIVISION ON THE SOUTH- WEST; THENCE NORTH 50 DEG. 25 MIN. 12 SEC. WEST, ALONG SAID DIVISION LINE, 147.85 FEET TO THE NORTHWEST CORNER OF LOT 11H; THENCE SOUTH 40 DEG. 26 MIN. 20 SEC. WEST 217.47 FEET TO THE SOUTHWEST CORNER OF LOT 11H; THENCE SOUTH 49 DEG. 49 MIN. 16 SEC. EAST 147.83 FEET TO A POINT ON THE FIRST HEREINABOVE DESCRIBED NORTHWESTERLY BOUNDARY OF WEST HIAWATHA BOULEVARD; THENCE ALONG SAID NORTHWESTERLY BOUNDARY OF WEST HIAWATHA BOULEVARD THE FOLLOWING TWO (2) COURSES: 1) SOUTH 40 DEG. 26 MIN. 20 SEC. WEST 17.66 FEET TO A POINT; AND 2) SOUTH 43 DEG. 01 MIN. 50 SEC. WEST 468.25 FEET TO THE POINT OF BEGINNING. EXCEPTING THE FOLLOWING PIECE OR PARCEL OF LAND APPROPRIATED BY THE PEOPLE OF THE STATE OF NEW YORK DESCRIBED AS MAP 1401 PARCEL 1832 IN BOOK 5256 OF DEEDS AT PAGE 686 AND BOOK 5274 OF DEEDS AT PAGE 836: COMMENCING AT THE SOUTHWEST CORNER OF HEREIN ABOVE DESCRIBED MAP 1402 PARCEL 1836 SAID POINT HAVING A PROCEEDING COURSE OF SOUTH 07 DEG. 40 MIN. 17 SEC. WEST 70.35 FEET IN THE PREMISES DESCRIBE HEREINABOVE; THENCE NORTH 13 DEG. 18 MIN. 48 SEC. WEST 138.17 FEET TO THE SOUTHEAST CORNER OF MAP 1401 PARCEL 1832; THENCE ALONG THE BOUNDS OF SAID MAP 1401 PARCEL 1832 THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) NORTH 82 DEG. 09 MIN. 26 SEC. WEST 1.00 FEET TO A POINT; THENCE 2) NORTH 07 DEG. 53 MIN. 50 SEC. EAST 353.36 FEET TO A POINT; THENCE A. 10083 56 3) SOUTH 81 DEG. 54 MIN. 58 SEC. EAST 1.00 FEET TO A POINT, AND 4) SOUTH 07 DEG. 53 MIN. 54 SEC. WEST 353.36 FEET TO THE POINT OF BEGINNING; OR 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 BREN- DA 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; OR (I) ON PREMISES OR WITH RESPECT TO A BUSINESS CONSTITUTING THE OVER- NIGHT 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 INTER- SECTION 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 PARAL- LEL WITH THE EASTERLY SIDE OF SEVENTH AVENUE ONE HUNDRED FEET FIVE INCH- ES TO THE SOUTHERLY SIDE OF WEST FIFTY-FIFTH STREET AT A POINT DISTANT ONE HUNDRED FIFTY FEET EASTERLY FROM THE INTERSECTION OF THE SAID SOUTH- ERLY 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 SOUTH- ERLY 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 OVER- NIGHT LODGING; OR A. 10083 57 (J) ON SUCH PREMISES OR BUSINESS LOCATED ON ANY OF THE FOLLOWING FOUR PARCELS: PARCEL A ANY SUCH PREMISES OR BUSINESS CONSTITUTING THE OVERNIGHT LODGING AND RESORT FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE VILLAGE OF ALTMAR, COUNTY OF OSWEGO, GREAT LOT 19 BEGINNING AT A POINT ON CENTER- LINE OF PULASKI STREET AT ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE LANDS NOW OR FORMERLY OF ALTMAR PARISH WILLIAMSTOWN CENTRAL SCHOOL DISTRICT (APW CSD) AS DESCRIBED IN BOOK 378 OF DEEDS AT PAGE 118 ON THE NORTHWEST AND THE LANDS NOW OR FORMERLY OF TOSTANOSKI AS DESCRIBED IN BOOK 1356 OF DEEDS AT PAGE 55 ON THE SOUTHEAST; THENCE ALONG SAID CENTERLINE THE FOLLOWING TWO (2) COURSES: 1) NORTH 37 DEG. 35 MIN. 00 SEC. WEST, A DISTANCE OF 803.88 FT. TO A POINT AND 2). NORTH 45 DEG. 48 MIN. 13 SEC. WEST, A DISTANCE OF 132.33 FT. TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE SAID LANDS OF APW CSD ON THE SOUTH- EAST AND THE LANDS NOW OR FORMERLY OF HAYWARD AS DESCRIBED IN BOOK 894 OF DEEDS AT PAGE 211 & DOC. #2006-9318 ON THE NORTHWEST; THENCE NORTH 23 DEG. 48 MIN. 43 SEC. EAST ALONG SAID DIVISION, A DISTANCE OF 131.66 FT. TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE SAID LANDS OF APW CSD ON THE NORTH AND THE SAID LANDS OF HAYWARD ON THE SOUTH; THENCE SOUTH 73 DEG. 16 MIN. 17 SEC. WEST ALONG THE SAID DIVISION LINE, A DISTANCE OF 131.66 FT. TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE SAID LANDS OF APW CSD AND THE LANDS NOW OR FORMERLY OF NATIONAL GRID AS DESCRIBED IN BOOK 282 OF DEEDS AT PAGE 552; THENCE ALONG SAID DIVISION LINE TO THE FOLLOWING SIX (6) COURSES: 1) NORTH 23 DEG. 43 MIN. 38 SEC. EAST, A DISTANCE OF 158.73 FT. TO A POINT; THENCE 2) NORTH 83 DEG. 39 MIN. 24 SEC. WEST, A DISTANCE OF 190.48 FT. TO A POINT; THENCE 3) NORTH 25 DEG. 39 MIN. 08 SEC. EAST, A DISTANCE OF 24.15 FT. TO A POINT; THENCE 4) NORTH 53 DEG. 32 MIN. 01 SEC. EAST, A DISTANCE OF 265.18 FT. TO A POINT; THENCE 5) NORTH 81 DEG. 24 MIN. 54 SEC. EAST A DISTANCE OF 475.00 FT. TO A POINT; AND 6) NORTH 81 DEG. 24 MIN. 54 SEC. EAST, A DISTANCE OF +/- 522 FT. TO ITS INTERSECTION WITH THE CENTER OF SALMON RIVER; THENCE UPSTREAM ALONG SAID CENTER, AND IN A GENERALLY SOUTHERLY DIRECTION, A DISTANCE OF +/- 1,455 FT. TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE SAID LANDS OF APW CSD ON THE NORTH- WEST AND THE LANDS NOW OR FORMERLY OF BENNETT AS DESCRIBED IN BOOK 927 OF DEEDS AT PAGE 65 ON THE SOUTHEAST; THENCE SOUTH 52 DEG. 19 MIN. 00 SEC. WEST ALONG SAID DIVISION LINE, A DISTANCE OF +/- 170 FT. TO A POINT; THENCE SOUTH 52 DEG. 19 MIN. 00 SEC. WEST, CONTINUING ALONG SAID DIVISION LINE, A DISTANCE OF 400.00 FT. TO ITS INTERSECTION WITH THE CENTERLINE OF PULASKI STREET; THENCE NORTH 37 DEG. 35 MIN. 00 SEC. WEST ALONG SAID CENTERLINE, A DISTANCE OF 53.65 FT. TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE SAID LANDS OF APW CSD ON THE SOUTHEAST AND THE LANDS NOW OR FORMERLY OF PFLUGER AS DESCRIBED IN BOOK 922 OF DEEDS AT PAGE 187 ON THE NORTHWEST; THENCE NORTH 52 DEG. 25 MIN. 00 SEC. EAST ALONG SAID DIVISION LINE, A DISTANCE OF 330.00 FT. TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE SAID LANDS OF APW CSD ON THE NORTH- EAST AND THE SAID LANDS OF PFLUGER, THE LANDS NOW OR FORMERLY OF ENDSLEY AS DESCRIBED IN BOOK 1520 OF DEEDS AT PAGE 5, AND THE HEREINABOVE SAID LANDS OF TOSTANOSKI, IN PART BY EACH, ON THE SOUTHWEST; THENCE NORTH 37 DEG. 35 MIN. 00 SEC. WEST ALONG SAID DIVISION LINE, A DISTANCE OF 247.50 FT. TO ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE SAID LANDS OF APW CSD ON THE NORTHWEST AND THE SAID LANDS OF TOSTANOSKI ON THE SOUTH- EAST; THENCE SOUTH 52 DEG. 25 MIN. 000 SEC. WEST ALONG SAID DIVISION LINE, A DISTANCE OF 330.00 FT. TO THE POINT OF BEGINNING; OR PARCEL B A. 10083 58 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 SYRACUSE, COUNTY OF ONONDAGA AND STATE OF NEW YORK, BEING PART OF BLOCK 366 IN SAID CITY AND MORE PARTIC- ULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHERLY LINE OF EAST GENESEE STREET WITH THE WESTERLY LINE OF UNIVERSITY AVENUE; RUNNING THENCE: SOUTH 00° 30' 30" WEST, ALONG SAID WESTERLY LINE OF UNIVERSITY AVENUE, A DISTANCE OF 75.16 FEET TO A POINT THEREIN; THENCE NORTH 89° 49' 00" WEST, A DISTANCE OF 140.00 FEET TO A POINT; THENCE SOUTH 00° 30' 30" WEST, A DISTANCE OF 271.55 FEET TO A POINT; THENCE NORTH 89° 49' 00" WEST, A DISTANCE OF 103.01 FEET TO A POINT; THENCE SOUTH 00° 11' 00" WEST, A DISTANCE OF 132.00 FEET TO A POINT IN THE NORTHERLY LINE OF MADISON STREET; THENCE NORTH 89° 49' 0" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 141.36 FEET TO A POINT; THENCE NORTH 00° 25' 10" EAST, A DISTANCE OF 50 FEET TO A POINT IN THE WESTERLY LINE OF FARM LOT 200 OF THE SALT SPRINGS RESER- VATION; THENCE NORTH 03° 26' 10" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 415.12 FEET TO A POINT IN THE SOUTHERLY LINE OF EAST GENESEE STREET; THENCE NORTH 88° 11' 00" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 412.50 FEET TO THE POINT OF BEGINNING. THE PREMISES ARE ALSO DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF SYRACUSE, COUNTY OF ONONDAGA AND STATE OF NEW YORK, BEING KNOWN AS NEW LOT 1A AS IS MORE PARTICULARLY SHOWN ON A RESUBDIVISION MAP OF PART OF BLOCK 366 MADE BY CHRISTOPHERSON LAND SURVEYING AND FILED IN THE ONONDAGA COUNTY CLERK'S OFFICE OCTOBER 8, 2002 AS MAP NO. 9498; OR PARCEL C ANY SUCH PREMISES OR BUSINESS CONSTITUTING THE OVERNIGHT LODGING AND RESORT FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF SYRACUSE, COUNTY OF ONONDAGA AND STATE OF NEW YORK, BEING A PART OF LOTS 200 AND 201, LOTS 2, 6, AND 7, BLOCK 368 IN THE CITY OF SYRACUSE AND BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A DRILL HOLE SET AT THE INTERSECTION OF THE EAST- ERLY STREET MARGIN OF SOUTH CROUSE AVENUE AND THE SOUTHERLY STREET MARGIN OF HARRISON STREET; THENCE S. 89° 51' 36" E. (S 89° 49' 40" E MEASURED), ALONG THE SOUTHERLY STREET MARGIN OF HARRISON STREET, A DISTANCE OF 395.30 FEET TO A CAPPED IRON ROD SET AT THE WESTERLY LINE OF A PARCEL OF LAND CONVEYED TO SYRACUSE UNIVERSITY; THENCE S. 00° 28' 34" W. (S 00° 30' 30" W MEASURED), ALONG THE WESTERLY LINE OF THOSE PARCELS OF LAND CONVEYED TO SYRACUSE UNIVERSITY, A DISTANCE OF 132.00 FEET TO A CAPPED IRON ROD SET; THENCE N. 89° 51' 36" W. (N 89° 49' 40" W MEAS- URED), ALONG THE NORTHERLY LINE OF A PARCEL OF LAND CONVEYED TO SYRACUSE UNIVERSITY, A DISTANCE OF 132.00 FEET TO A CAPPED IRON ROD SET; THENCE N. 89° 51' 36" W. (N 89° 49' 40" W MEASURED), ALONG THE NORTHERLY LINE OF A PARCEL OF LAND CONVEYED TO SYRACUSE UNIVERSITY, A DISTANCE OF 66.00 FEET TO A CAPPED IRON ROD SET; THENCE S. 00° 28' 34" W. (S 00° 30' 30" W MEASURED), ALONG THE WESTERLY LINE OF THAT SYRACUSE UNIVERSITY PROPERTY, A DISTANCE OF 71.25 FEET TO A CAPPED IRON ROD SET; THENCE N 89° 55' 36" W. (89° 53' 39" W MEASURED), A DISTANCE OF 130.40 FEET TO A CAPPED IRON ROD SET AT THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO CROUSE HEALTH SYSTEMS, INC. BY DEED RECORDED IN THE ONONDAGA COUNTY CLERK'S OFFICE IN LIBER 4800 AT PAGE 730; THENCE N. 03° 44' 23" W. (03° 42' 26" W MEASURED), ALONG THE EASTERLY LINE OF THE CROUSE HEALTH SYSTEM, INC. PROPERTY, A DISTANCE OF 37.99 FEET TO A MAGNETIC NAIL SET AT THE NORTH- EAST CORNER OF THE AFOREMENTIONED CROUSE HEALTH SYSTEM, INC.; THENCE N. 89° 51' 36' W. (N 89° 49' 40" W MEASURED), ALONG THE NORTHERLY LINE OF THE CROUSE HEALTH SYSTEM, INC. PROPERTY, A DISTANCE OF 195.85 FEET TO A A. 10083 59 CAPPED IRON ROD SET AT THE EASTERLY STREET MARGIN OF SOUTH CROUSE AVENUE; THENCE N. 00° 23' 14" E. (N 00° 25' 10" E MEASURED), ALONG THE EASTERLY STREET MARGIN OF SOUTH CROUSE AVENUE, A DISTANCE OF 165.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL THE RIGHT, TITLE AND INTER- EST IN AND TO STROPS AND GORES OF LAND, IF ANY, ADJOINING OR ADJACENT TO SAID PREMISES AND TO THE LANDS LYING IN THE BED OF ANY STREET, ROAD LAND OR RIGHT OF WAY, AS THEY NOW EXIST, OR FORMERLY EXISTED IN, IN FRONT OF, OR ADJOINING THE PREMISES ABOVE DESCRIBED OR USED IN CONNECTION WITH SAID ABOVE DESCRIBED PREMISES. CONTAINING 1.55 ACRES OF LAND MORE OR LESS. IT BEING THE INTENT OF THIS SURVEY DESCRIPTION TO DESCRIBE THOSE PARCELS OF LAND CONVEYED BY TEMPLE ADATH YESHURUN, ALSO KNOWN AS THE CONGREGATION ADATH YESHURUN, TO THE SYRACUSE URBAN RENEWAL AGENCY, BY A WARRANTY DEED DATED SEPTEMBER 21, 1972, THAT WAS DULY RECORDED IN THE ONONDAGA COUNTY CLERK'S OFFICE ON OCTOBER 10, 1972 IN DEED BOOK 2486 AT PAGE 1137. BEING A PORTION OF THE PREMISES CONVEYED AT HOTEL SKYLAR, LLC, F/K/A 908 HARRISON ST., LLC, BY DEED DATED JUNE 5, 2007, AND RECORDED IN THE ONONDAGA COUNTY CLERK'S OFFICE ON JUNE 14, 2007 IN DEED BOOK 04998 AT PAGE 0795 (INSTRUMENT: 0687909); OR PARCEL D ANY SUCH PREMISES OR BUSINESS CONSTITUTING THE OVERNIGHT LODGING AND RESORT FACILITY LOCATED WHOLLY WITHIN THE BOUNDARIES OF ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF SYRACUSE, COUNTY OF ONONDAGA, BEING PART OF LOTS 13, 14 AND 15 OF BLOCK 233 IN SAID CITY, MORE PARTIC- ULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF EAST GENESEE STREET, A DISTANCE OF 232.5 FEET EASTER- LY, MEASURED ALONG SAID NORTHERLY LINE, FROM THE EASTERLY LINE OF ALMOND STREET; RUNNING THENCE THE FOLLOWING 8 COURSES AND DISTANCES: (1.) S 89° 30' 50"E, ALONG SAID NORTHERLY LINE OF EAST GENESEE STREET, A DISTANCE OF 109.5 FEET; (2.) N 00° 20' E, PARALLEL WITH SAID EASTERLY LINE OF ALMOND STREET, A DISTANCE OF 158.69 FEET TO THE SOUTHERLY LINE OF ORANGE ALLEY; (3.) N 89° 30' 50" W, ALONG SAID SOUTHERLY LINE OF ORANGE ALLEY, A DISTANCE OF 66 FEET TO A POINT; (4.) N 00° 20' E, PARAL- LEL WITH SAID EASTERLY LINE OF ALMOND STREET, 20 FEET TO THE NORTHERLY LINE OF ORANGE ALLEY; (5.) N 89° 30' 50" W, ALONG SAID NORTHERLY LINE OF ORANGE ALLEY, A DISTANCE OF 9 FEET; (6.) S 00° 20' W, PARALLEL WITH SAID EASTERLY LINE OF ALMOND STREET, A DISTANCE OF 13.5 FEET TO A POINT; (7.) N 89° 30' 50" W, PARALLEL WITH THE AFORESAID NORTHERLY LINE OF EAST GENESEE STREET, A DISTANCE OF 3 FEET TO A POINT; AND, (8.) S 00° 20' W, PARALLEL WITH SAID EASTERLY LINE OF ALMOND STREET, A DISTANCE OF 165.19 FEET TO THE POINT OF BEGINNING, CONTAINING 17,781+/- SQ. FT. (0.41+/- ACRES OF LAND) AND; PARCEL II (#716-718 EAST FAYETTE STREET), ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF SYRACUSE, COUNTY OF ONON- DAGA AND STATE OF NEW YORK, BEING LOT 3 AND PART OF LOTS 4 AND 9 OF BLOCK 233 BEGINNING IN THE SOUTHERLY LINE OF EAST FAYETTE STREET, A DISTANCE OF 132 FEET WESTERLY, MEASURED ALONG SAID SOUTHERLY LINE, FROM THE WESTERLY LINE OF FORMAN AVENUE; RUNNING THENCE THE FOLLOWING 4 COURSES AND DISTANCES: (1.) N 89° 30' 50" W, ALONG SAID SOUTHERLY LINE OF EAST FAYETTE STREET, A DISTANCE OF 97 FEET; (2.) S 00° 20' 20" W, PARALLEL WITH SAID WESTERLY LINE OF FORMAN AVENUE, A DISTANCE OF 178.69 FEET TO THE NORTHERLY LINE OF ORANGE ALLEY; (3.) S 89° 30' 50" E, ALONG SAID NORTHERLY LINE OF ORANGE ALLEY, A DISTANCE OF 97 FEET TO A POINT; AND, (4.) N 00° 20' 10" E, PARALLEL WITH SAID WESTERLY LINE OF FORMAN AVENUE, A DISTANCE OF 178.69 FEET TO THE POINT OF BEGINNING; OR (K) WITH RESPECT TO ANY PREMISES OR BUSINESS LOCATED ON ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE CITY OF PEEKSKILL, COUNTY OF WEST- CHESTER AND STATE OF NEW YORK, THAT IS A PORTION OF PARCEL I AS IT IS A. 10083 60 SHOWN ON THAT CERTAIN MAP ENTITLED, "SURVEY .. AT CHARLES POINT.." WHICH WAS FILED IN THE WESTCHESTER COUNTY CLERK'S OFFICE ON OCTOBER 23, 1980 AS MAP NO. 20407 THAT IS BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SHORELINE OF THE HUDSON RIVER AND WITHIN THE BOUNDS OF THE SAID PARCEL I AS IT IS SHOWN ON THE SAID FILED MAP NO. 20407, WHICH POINT OCCUPIES COORDINATE POSITION: NORTH 464418.83 (Y) EAST 607401.00 (X) OF THE NEW YORK STATE COORDINATE SYSTEM, EAST ZONE AND WHICH POINT IS DISTANT, THE FOLLOWING COURSES FROM THE SOUTHERLY CORNER OF THE PARCEL SHOWN ON MAP NO. 20407 THAT OCCUPIES COORDINATE POSITION NORTH 463520.804 (Y) EAST 608470.681 (X) OF THE AFORESAID NEW YORK STATE COORDINATE SYSTEM, EAST ZONE: NORTH 47 DEGREES 30' 36" WEST 856.60 FEET, NORTH 77 DEGREES 10' 53" WEST 488.18 FEET, NORTH 41 DEGREES 17' 53" WEST 113.32 FEET AND NORTH 41 DEGREES 50' 16" EAST 169.08 FEET; THENCE FROM THE SAID POINT OF BEGINNING ALONG THE SAID EASTERLY SHORE- LINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON RIVER: DUE NORTH 16.17 FEET, NORTH 53 DEGREES 58' 22" WEST 13.60 FEET, NORTH 73 DEGREES 04' 21" WEST 24.04 FEET, NORTH 63 DEGREES 26' 06" WEST 22.36 FEET, NORTH 82 DEGREES 18' 14" WEST 37.34 FEET, NORTH 64 DEGREES 47' 56" WEST 37.58 FEET, SOUTH 82 DEGREES 52' 30" WEST 16.12 FEET, NORTH 61 DEGREES 41' 57" WEST 14.76 FEET AND SOUTH 21 DEGREES 48' 05" WEST 9.71 FEET; THENCE LEAVING THE HIGH WATER MARK AND RUNNING ACROSS A PENINSULA OF LAND AND ALONG THE DIVISION LINE BETWEEN PARCEL I AND PARCEL II AS SHOWN ON SAID FILED MAP NO. 20407, NORTH 65 DEGREES 32' 43" WEST 30.18 FEET TO ANOTHER POINT ON THE SAID EASTERLY SHORELINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON RIVER; THENCE NORTHERLY ALONG THE SAID HIGH WATER MARK, THE FOLLOWING COURS- ES: NORTH 3 DEGREES 00' 46" WEST 17.54 FEET, NORTH 13 DEGREES 45' 39" WEST 50.45 FEET, NORTH 10 DEGREES 49' 23" WEST 69.23 FEET, NORTH 0 DEGREES 47' 22" WEST 52.48 FEET TO A POINT WHICH IS THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED 40 FOOT EASEMENT WHICH POINT OCCUPIES COORDINATE POSITION NORTH 464676.48 (Y) EAST 607189.28 (X) OF THE NEW YORK STATE COORDINATE SYSTEM, EAST ZONE; THENCE CONTINUING ALONG THE AFORESAID EASTERLY SHORELINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON, THE FOLLOWING COURSES: NORTH 10 DEGREES 18' 17" WEST 23.91 FEET, NORTH 39 DEGREES 04' 58" WEST 21.39 FEET, NORTH 20 DEGREES 13' 30" WEST 21.74 FEET, NORTH 39 DEGREES 02' 08" WEST 95.27 FEET, NORTH 13 DEGREES 08' 02" WEST 30.81 FEET, NORTH 18 DEGREES 26' 06" WEST 53.76 FEET, NORTH 28 DEGREES 10' 43" WEST 63.53 FEET, NORTH 18 DEGREES 26' 06" WEST 50.60 FEET, NORTH 37 DEGREES 14' 05" WEST 31.40 FEET, A. 10083 61 NORTH 21 DEGREES 15' 02" WEST 96.57 FEET, NORTH 32 DEGREES 00' 19" WEST 47.17 FEET, NORTH 1 DEGREE 18' 07" WEST 44.01 FEET AND NORTH 17 DEGREES 14' 29" EAST 29.32 FEET TO A POINT ON THE SOUTHERLY LINE OF LANDS UNDER LEASE TO THE COUNTY OF WESTCHESTER (RESCO SITE); THENCE ALONG THE SAID COUNTY OF WESTCHESTER (RESCO SITE) LANDS: DUE EAST 432.31 FEET TO A POINT ON THE WESTERLY LINE OF AN EASEMENT AND A RIGHT-OF-WAY LEADING TO CHARLES POINT AVENUE; THENCE ALONG THE SAID WESTERLY AND SOUTHWESTERLY LINE OF THE SAID RIGHT-OF-WAY LEADING TO CHARLES POINT AVENUE: DUE SOUTH 241.16 FEET AND SOUTH 27 DEGREES 13' 00" EAST 406.90 FEET TO A POINT; THENCE LEAVING THE SAID EASEMENT AND RUNNING ALONG OTHER LANDS NOW OR FORMERLY OF THE CITY OF PEEKSKILL INDUSTRIAL DEVELOPMENT AGENCY, SOUTH 41 DEGREES 50' 16" WEST 270.01 FEET TO THE AFOREMENTIONED EASTERLY SHORELINE (HIGH WATER MARK) OF THE EAST BANK OF THE HUDSON RIVER AND THE POINT OR PLACE OF BEGINNING. TOGETHER WITH AN EASEMENT OVER ALL THAT PARCEL OF LAND SITUATE IN THE CITY OF PEEKSKILL, COUNTY OF WESTCHESTER AND STATE OF NEW YORK THAT IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF CHARLES POINT AVENUE WITH THE SAID WESTERLY LINE IS INTERSECTED BY THE LINE DIVIDING THE EASEMENT HEREIN DESCRIBED ON THE SOUTH FROM LANDS UNDER LEASE TO THE COUNTY OF WESTCHESTER (RESCO SITE) ON THE NORTH WHICH POINT OCCUPIES COORDINATE POSITION: NORTH 464719.99 (Y) EAST 608004.15 (X) OF THE NEW YORK STATE COORDINATE SYSTEM, EAST ZONE; THENCE FROM THE SAID POINT OF BEGINNING SOUTHERLY ALONG THE SAID WESTERLY LINE OF CHARLES POINT AVENUE, SOUTH 14 DEGREES 54' 00" WEST 103.48 FEET TO A POINT; THENCE WESTERLY ALONG OTHER LANDS OF THE CITY OF PEEKSKILL INDUSTRIAL DEVELOPMENT AGENCY: DUE WEST 396.44 FEET TO A POINT WHICH IS THE EASTER- LY MOST CORNER OF THE LANDS OF POINT ASSOCIATES, THE GRANTEE HEREIN; THENCE ALONG THE NORTHEASTERLY LINE OF THE SAID POINT ASSOCIATES' LAND, NORTH 27 DEGREES 13' 00" WEST 406.90 FEET AND DUE NORTH 241.16 FEET TO A POINT ON THE SOUTHERLY LINE OF THE AFOREMENTIONED LANDS LEASED TO THE COUNTY OF WESTCHESTER (RESCO SITE); THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE DUE EAST 75.00 FEET TO A POINT; THENCE SOUTHEASTERLY AND EASTERLY STILL ALONG THE SAID LANDS LEASED TO THE COUNTY OF WESTCHESTER (RESCO SITE) THE FOLLOWING COURSES: DUE SOUTH 223.00 FEET, SOUTH 27 DEGREES 13' 00" EAST 314.87 FEET AND DUE EAST 390.14 FEET TO THE AFOREMENTIONED WESTERLY LINE OF CHARLES POINT AVENUE AND THE POINT OR PLACE OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR UTILITIES, AND INGRESS AND EGRESS OVER THAT CERTAIN RIGHT OF WAY LEADING FROM CHARLES POINT AVENUE, NOW KNOWN AS JOHN E. WALSH BOULEVARD, IN A WESTERLY AND NORTHWESTERLY DIRECTION TO THE ABOVE DESCRIBED PREMISES AND AS MORE FULLY DESCRIBED IN THE DECLARATION OF EASEMENT RECORDED IN LIBER 8888 CP 35; OR (L) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, SITUATE IN THE CITY OF SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 55 FEET SOUTH ON BEEKMAN STREET, FROM WHERE THE WEST LINE OF BEEKMAN STREET INTERSECTS THE SOUTH LINE OF CONGRESS STREET, AND RUNNING THENCE SOUTHERLY ALONG THE WEST LINE OF BEEKMAN STREET 55 FEET, MORE OR LESS, TO THE NORTH LINE OF THE PREMISES A. 10083 62 NOW OR FORMERLY OWNED OR OCCUPIED BY HENRY CURTIS; THENCE WESTERLY ALONG SAID CURTIS' NORTH LINE 65 FEET, MORE OR LESS, TO THE EAST LINE OF THE PREMISES HERETOFORE CONVEYED TO EDWARD M. MERRITT; THENCE NORTHERLY ALONG SAID MERRITT'S EAST LINE 55 FEET, MORE OR LESS, TO A POINT 55 FEET SOUTH OF THE SOUTH LINE OF CONGRESS STREET; THENCE EASTERLY ON A LINE PARALLEL WITH THE SOUTH LINE OF CONGRESS STREET 65 FEET, MORE OR LESS, TO THE POINT AND PLACE OF BEGINNING; AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE GRAND AVENUE AT THE INTERSECTION OF THE WESTERLY LINE OF BEEKMAN STREET, SAID POINT ALSO BEING THE NORTHEAST COMER OF LANDS NOW OR FORMERLY OF DUBLIN UNDERGROUND, LLC AS CONVEYED IN BOOK 1769 OF DEEDS AT PAGE 657, THENCE ALONG SAID WESTERLY LINE OF BEEKMAN STREET, SOUTH 01°02'45"WEST, SS.00 FEET TO A POINT AT THE INTERSECTION OF THE COMMON DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF HAGGERTY AS CONVEYED IN BOOK 1595 OF DEEDS AT PAGE 480 ON THE SOUTH AND LANDS OF SAID DUBLIN UNDERGROUND LLC ON THE NORTH, THENCE ALONG SAID DIVISION LINE, NORTH 88°57'15"WEST, 65.00 FEET TO A POINT AT THE INTERSECTION OF THE COMMON DIVISION LINE BETWEEN LANDS NOW OR FORMERLY OF HAYNES AS CONVEYED IN BOOK 1630 OF DEEDS AT PAGE 727 ON THE WEST AND SAID LANDS OF DUBLIN UNDERGROUND UC ON THE EAST, THENCE ALONG SAID DIVISION LINE, NORTH 01°02'45"EAST, 55.00 FEET TO A POINT IN THE SOUTHERLY LINE OF GRAND AVENUE, THENCE ALONG SAID SOUTHERLY LINE, SOUTH 88°57'15"EAST, 65.00 FEET TO THE POINT OR PLACE OF BEGINNING AND CONTAINING 3576 ± SQUARE FEET OF LAND; AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EAST LINE OF AN ALLEY INTERSECTS THE SOUTH LINE OF GRAND AVENUE, RUNNING THENCE EASTERLY FIFTY-FIVE (55) FEET, MORE OR LESS, TO THE WEST LINE OF PROPERTY NOW OR FORMERLY OWNED BY ONE DESIDORA; THENCE SOUTHERLY ONE HUNDRED TEN (110) FEET, MORE OR LESS, TO THE NORTHERLY LINE OF PROPERTY NOW OR FORMERLY OWNED BY ONE GUTIERRESL THENCE WESTERLY FIFTY-FIVE (55) FEET, MORE OR LESS TO THE EASTERLY LINE OF AN ALLEY; THENCE NORTHERLY ONE HUNDRED TEN (110) FEET, MORE OR LESS TO THE POINT OR PLACE OF BEGINNING. BE THE AFORESAID DIMENSIONS IN THIS CLAUSE MORE OR LESS AND ENCOMPASSING LANDS CONSIDERED TO BE A SINGLE CONTIGUOUS PARCEL; OR (M) ANY SUCH PREMISES OR BUSINESS LOCATED ON THAT CERTAIN PIECE OR PARCEL OF LAND, OR ANY SUBDIVISION THEREOF, SITUATE, LYING AND BEING IN THE VILLAGE OF SUFFERN, TOWN OF RAMAPO, COUNTY OF ROCKLAND AND STATE OF NEW YORK, ADDRESSED AS 97-99 LAFAYETTE AVENUE, SUFFERN, NEW YORK, IDEN- TIFIED FOR TAX PURPOSES BY THE TOWN OF RAMAPO - 2000 COUNTY/TOWN TAX BILL, TAX MAP NO. 07/016-B-0239-B-0000 AND NEW PARCEL TAX IDENTIFICATION NO. 54.35-2-54, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF WASHINGTON AVENUE, WHERE THE SAME IS INTERSECTED BY THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF THE VILLAGE OF SUFFERN (SECT. 168, LOT 284), SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE PREMISES HEREIN INTENDED TO BE DESCRIBED. RUNNING THENCE NORTH 76 DEGREES 15 MINUTES WEST ALONG THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF THE VILLAGE OF SUFFERN A DISTANCE OF 210.30 FEET TO A POINT; THENCE SOUTH 13 DEGREES 45 MINUTES WEST ALONG THE WESTERLY LINE OF LANDS NOW OR FORMERLY OF THE VILLAGE OF SUFFERN A DISTANCE OF 78.75 FEET TO A POINT; THENCE NORTH 76 DEGREES 28 MINUTES WEST ALONG THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF THE VILLAGE OF SUFFERN A DISTANCE OF 96.30 FEET TO A POINT; THENCE NORTH 13 DEGREES 32 MINUTES EAST A DISTANCE OF 117.60 FEET TO A POINT; THENCE SOUTH 76 DEGREES 15 MINUTES EAST A DISTANCE OF 6.00 FEET TO A POINT; THENCE NORTH 13 DEGREES 32 MINUTES EAST A DISTANCE OF 54.80 FEET TO A POINT; THENCE SOUTH 76 DEGREES 15 MINUTES EAST A DISTANCE OF 91.00 FEET TO A POINT; A. 10083 63 THENCE NORTH 13 DEGREES 45 MINUTES EAST ALONG THE EASTERLY LINE OF LANDS NOW OR FORMERLY OF MIRANDO (SECT. 168. LOT 239A) A DISTANCE OF 123.25 FEET TO A POINT ON THE SOUTHERLY SIDE OF LAFAYETTE AVENUE; THENCE SOUTH 59 DEGREES 56 MINUTES 42 SECONDS EAST ALONG THE SOUTHERLY SIDE OF LAFAY- ETTE AVENUE A DISTANCE OF 176.92 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY SIDE OF LAFAYETTE AVENUE, ON A CURVE TO THE RIGHT HAVING A RADIUS OF 58.97 FEET AN ARC DISTANCE OF 76.88 FEET TO A POINT; THENCE SOUTH 14 DEGREES 45 MINUTES WEST ALONG THE WESTERLY SIDE OF WASH- INGTON AVENUE A DISTANCE OF 109.22 FEET TO THE POINT OR PLACE OF BEGIN- NING. BEING THE SAME PREMISES DESCRIBED IN A DEED DATED JUNE 11, 1999 FROM WESTCHESTER REALTY GROUP LLC TO MARANDY REALTY ASSOCIATES, LLC AND RECORDED IN THE ROCKLAND COUNTY CLERK'S OFFICE ON JUNE 24, 1999 INSTRU- MENT ID # 1999-00033893. THE PREMISES DESCRIBED ABOVE ARE MORE PARTICULARLY DESCRIBED AFTER FIELD SURVEY BY A.R. SPARACO, JR., P.L.S. DATED JUNE 13, 2000, AS FOLLOWS: ALL THAT TRACT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS AND IMPROVEMENTS THEREON IN THE VILLAGE OF SUFFERN, TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TAX MAP REFERENCE SECTION 16B; LOTS 239 B AND 254, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CROSS-CUT IN THE WESTERLY LINE OF WASHINGTON AVE. (50 FEET WIDE) WHERE THE SAME IS INTERSECTED BY THE NORTHERLY LINE OF LANDS OF THE VILLAGE OF SUFFERN (FORMERLY WASHINGTON AVE. SCHOOL) AND RUNNING THENCE; NORTH 78° 42' 52" WEST 211.11' ALONG THE NORTHERLY LINE OF LANDS OF THE VILLAGE OF SUFFERN TO AN IRON PIPE; THENCE, SOUTH 11° 03' 40" WEST 78.38' CONTINUING ALONG SAID LANDS TO A PK NAIL; THENCE, NORTH 79° 21' 20" WEST 96.30' CONTINUING ALONG SAID LANDS TO AN IRON PIPE; THENCE, NORTH 10° 21' 09" E 117.12' ALONG LANDS NOW OR FORMERLY OF MEADOWS TO A POINT; THENCE, SOUTH 79°00'00" EAST 6.00' TO A POINT IN THE CENTERLINE OF AN OLD RIGHT OF WAY; THENCE, NORTH 12°50'10" EAST 55.32' ALONG THE CENTERLINE OF AN OLD RIGHT OF WAY TO AN IRON PIPE; THENCE, SOUTH 79°00'00" EAST 91.04' CROSSING THROUGH SAID RIGHT OF WAY AND CONTINUING ALONG THE SOUTHERLY LINE OF LANDS NOW OR FORMERLY OF MIRANDA TO A CROSS CUT; THENCE, NORTH 11°15'34" EAST 123.37' ALONG THE EASTERLY LINE OF SAID LANDS TO A CROSS CUT IN THE SOUTHERLY LINE OF LAFAYETTE AVE.; THENCE, SOUTH 62°34'00" EAST 165.97' ALONG THE ASSUMED SOUTHERLY LINE OF LAFAYETTE AVE. TO A POINT OF CURVATURE; THENCE, SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 72.00' AND AN ARC DISTANCE OF 93.43' CONTINUING ALONG THE SAME TO A POINT OF TANGENCY IN THE WESTERLY LINE OF WASHINGTON AVE; THENCE, SOUTH 11°47'00" WEST 100.86' ALONG THE WESTERLY LINE OF WASHINGTON AVE. TO THE POINT OR PLACE OF BEGINNING. CONTAINING 1.267 ACRES OF LAND MORE OR LESS. SUBJECT TO UTILITY EASEMENTS DESCRIBED IN UBER 1016, PAGE 487, LIBER 1038, PAGE 977, BOOK 340, PAGE 1277. SUBJECT TO A 6' WIDE EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN LIBER 318, PAGE 4. TOGETHER WITH A 6' WIDE AND 12' WIDE RIGHT OF WAY AS DESCRIBED IN LIBER 318, PAGE 4. SUBJECT TO ANY OTHER EASEMENTS, RIGHTS OF WAYS OR RESTRICTIONS OF RECORD. BEING THE SAME PREMISES DESCRIBED IN A DEED DATED JUNE 11, 1999 FROM WESTCHESTER REALTY GROUP LLC TO MARANDY REALTY ASSOCIATES, LLC AND RECORDED IN THE ROCKLAND COUNTY CLERK'S OFFICE ON JUNE 24, 1999 INSTRU- MENT ID #1999-00033893; OR A. 10083 64 (N) ALSO ALL THOSE TRACTS OR PARCEL OF LAND, SITUATE IN THE CITY OF SARATOGA SPRINGS, COUNTY OF SARATOGA AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: STARTING AT AN IRON PIPE ON THE SOUTHERLY SIDE OF NEW YORK STATE HIGHWAY 9P AT THE INTERSECTION OF THE LANDS NOW OF FORMERLY OF ERNST AND ONE WALBRIDGE AND RUNS THENCE ALONG THE SAID HIGH- WAY S 64 DEGREES 25' E 72.4 FEET TO A CONCRETE STATE MONUMENT; THENCE S 35 DEGREES 9' E 135.6 FEET TO AN IRON PIPE ON THE WESTERLY SIDE OF AN 18 FOOT WIDE RIGHT OF WAY EXTENDING FROM THE AFOREMENTIONED HIGHWAY TO THE LOW WATER MARK OF SARATOGA LAKE; THENCE ALONG THE SAID RIGHT OF WAY S 17 DEGREES 20' W 115 FEET TO AN IRON PIPE, THE PLACE OF BEGINNING; THENCE IN THE SAME STRAIGHT LINE ALONG THE SAID RIGHT OF WAY 78.4 FEET TO AN IRON PIPE; THENCE STILL ALONG THE SAID RIGHT OF WAY S 38 DEGREES 9' W 208 FEET TO AN IRON PIPE; THENCE N 51 DEGREES 51' W 81 FEET TO AN IRON PIPE; THENCE N 14 DEGREES 34' E 54.2 FEET TO AN IRON PIPE; THENCE N 56 DEGREES 0' E 242.8 FEET TO THE PLACE OF BEGINNING, THE AFOREMENTIONED DIMENSIONS MORE OR LESS; AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE OF THE SOUTHERLY SIDE OF NEW YORK STATE HIGHWAY 9P AT THE INTERSECTION OF THE LANDS NOW OF FORMERLY OF ERNST AND ONE WALBRIDGE AND RUNS THENCE ALONG SAID HIGHWAY S. 64 DEGREES 25' E. 72.4 FEET TO A CONCRETE STATE MONUMENT; THENCE STILL ALONG THE SAID HIGHWAY S. 35 DEGREES 9' E. 135.6 FEET TO AN IRON PIPE ON THE WESTERLY SIDE OF A RIGHT OF WAY 18 FEET WIDE RUNNING FROM THE BEFOREMEN- TIONED HIGHWAY TO THE LOW WATER MARK OF SARATOGA LAKE; THENCE ACROSS THE SAID RIGHT OF WAY S. 26 DEGREES E. 21.15 FEET TO THE EASTERLY SIDE OF THE SAID RIGHT OF WAY, THE PLACE OF BEGINNING; THENCE ALONG THE SAID RIGHT OF WAY S. 17 DEGREES 20' W. 171.1 FEET TO A POINT; THENCE STILL ALONG THE SAID RIGHT OF WAY S. 38 DEGREES 9' W. TO THE LOW WATER MARK OF SARATOGA LAKE; THENCE ALONG THE LOW WATER MARK OF THE SAID LAKE TO AN IRON PIPE ON THE WESTERLY SIDE OF THE SAID HIGHWAY WHICH POINT IS ABOUT 435 FEET EASTERLY AT RIGHT ANGLES FROM THE EASTERLY SIDE OF THE BEFORE- MENTIONED RIGHT OF WAY; THENCE ALONG THE SAID HIGHWAY N. 10 DEGREES 57' W. 653.5 FEET TO A CONCRETE MONUMENT; THENCE N. 26 DEGREES 10' W. 9.85 FEET TO THE PLACE OF BEGINNING. BE THE AFORESAID DIMENSIONS IN THIS CLAUSE MORE OR LESS AND ENCOMPASSING LANDS CONSIDERED TO BE A SINGLE PARCEL; OR (O) 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 FREDER- ICK 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 GOLD- BERG 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 EAST- ERLY SHORE OF THE HUDSON RIVER 216 FEET MORE OR LESS TO THE MOST SOUTH- WESTERLY 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 A. 10083 65 SAID COLLINS AND ANOTHER EASTERLY 31.75 FEET; THENCE NORTHERLY 6.33 FEET; THENCE EASTERLY 18 FEET; THENCE SOUTHERLY 6.33 FEET; THENCE EAST- ERLY 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 1960 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 NORTHWES- TERLY 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 SOUTH- WESTERLY CORNER OF THE BUILDING LOCATED ON THE HEREIN DESCRIBED PREM- ISES, 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 CONTIN- UING 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 CONTINU- ING 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. § 18. Subdivision 6 of section 51 of the alcoholic beverage control law is REPEALED. § 19. Paragraphs (e-1), (e-2), (e-3), (e-4), (e-5), (e-6), (e-7), (e-8), (e-9), (e-10) and (e-11) of subdivision 7 of section 64 of the alcoholic beverage control law are REPEALED. § 20. Paragraphs (c-1), (c-2), (c-3), (c-4), (c-5) and (c-6) of subdi- vision 7 of section 64-a of the alcoholic beverage control law are REPEALED. § 21. Subdivisions 14 and 15 of section 64-c of the alcoholic beverage control law are REPEALED. § 22. Subdivisions 4, 5, 6, 7 and 8 of section 101 of the alcoholic beverage control law are REPEALED. § 23. Subdivision 2 of section 105-a of the alcoholic beverage control law is REPEALED. A. 10083 66 § 24. Subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii) and (xiv) of paragraph (a) of subdivision 13 of section 106 of the alcoholic beverage control law are REPEALED. § 25. Paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as amended by chapter 318 of the laws of 2016, subparagraph (ii) as amended by chapter 269 of the laws of 2018, subpar- agraph (ix) as separately amended by chapter 303 of the laws of 2016, subparagraphs (x) and (xi) as amended by chapter 453 of the laws of 2018, subparagraph (xii) as separately amended by chapters 356 and 429 of the laws of 2019, subparagraph (xiii) as added by chapter 356 of the laws of 2019 and subparagraph (xiii) as added by chapter 429 of the laws of 2019, is amended to read as follows: (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 bounda- ries 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, Eliza- bethtown, New York, provided that 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 main- tains not less than seventy-five rooms and suites for overnight lodging, A. 10083 67 (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- 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 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 particular- ly 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" A. 10083 68 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 Platts- burgh, 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 road- way 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 south- erly 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 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 A. 10083 69 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 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 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 A. 10083 70 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 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. A. 10083 71 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 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 A. 10083 72 166.00 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, situ- ate, 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 East- erly 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 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 A. 10083 73 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 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. A. 10083 74 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 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 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 A. 10083 75 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 northeast- erly 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 Syra- cuse 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. A. 10083 76 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 north- east 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 appur- tenant 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 perma- nent 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 oper- A. 10083 77 ate, 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 neces- sary 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 hereinaft- er described and lands now or formerly of One Riverdale Ave. Develop- ment 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 Gold- berg 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 east- erly shore of the Hudson River 216 feet more or less to the most south- westerly 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 A. 10083 78 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence east- erly 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 northwes- terly 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 south- westerly corner of the building located on the herein described prem- ises, 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 contin- uing 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 continu- ing 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 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 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 A. 10083 79 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; 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' A. 10083 80 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 Bikep- ath; 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. (xiii) 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 contain- ing 0.507 plus or minus acres.] § 26. Subdivision 1 of section 105-a of the alcoholic beverage control law, as separately amended by chapters 139 and 312 of the laws of 2006, is amended to read as follows: [1.] No person, firm or corporation holding any license or permit issued under this chapter shall sell, offer for sale or give away beer at retail on Sunday between three antemeridian and eight antemeridian. Persons, firms or corporations holding licenses and/or permits issued under the provisions of the alcoholic beverage control law permitting the sale of beer at retail, may sell such beverages at retail on Sunday before three antemeridian and after eight antemeridian for off-premises consumption to persons making purchases at the licensed premises to be taken by them from the licensed premises. § 27. Subdivisions 3-a and 3-b of section 102 of the alcoholic bever- age control law, as amended by chapter 458 of the laws of 1993, are amended to read as follows: 3-a. No licensee or permittee shall purchase or agree to purchase any alcoholic beverages from any person within the state who is not duly licensed to sell such alcoholic beverage as the case may be, at the time of such agreement and sale nor give any order for any alcoholic beverage to any individual who is not the holder of a solicitor's permit, except as provided for in section [eighty-five or] ninety-nine-g of this chap- ter. 3-b. No retail licensee shall purchase, agree to purchase or receive any alcoholic beverage except from a person duly licensed within the state by the liquor authority to sell such alcoholic beverage at the A. 10083 81 time of such agreement and sale to such retail licensee, except as provided for in section [eighty-five or] ninety-nine-g of this chapter. § 28. Subdivision 8-a of section 17 of the alcoholic beverage control law, as added by chapter 383 of the laws of 1998, is amended to read as follows: 8-a. On and after January first, two thousand the report provided for in subdivision eight of this section shall include an evaluation of the effectiveness of the prohibition on the sale of alcohol to persons under the age of twenty-one as provided in section sixty-five-b of this chap- ter with particular emphasis on the provisions of subdivisions one, two, three, four and five of section sixty-five-b, subdivision five of section one hundred nineteen [and subdivision six of section sixty-five] of this chapter, paragraph (b) of subdivision seven of section 170.55 of the criminal procedure law and subdivision (f) of section 19.07 of the mental hygiene law. § 29. The opening paragraph of paragraph (a) of subdivision 13 of section 106 of the alcoholic beverage control law, as amended by chapter 453 of the laws of 2018, is amended to read as follows: No retail licensee for on-premises consumption shall be interested, directly or indirectly, in any premises where liquors, wines or beer are manufactured or sold at wholesale, by stock ownership, interlocking directors, mortgage or lien on any personal or real property or by any other means[, except that liquors, wines or beer may be manufactured or sold wholesale by the person licensed as a manufacturer or wholesaler thereof:]. § 30. Subdivision 6 of section 117-a of the alcoholic beverage control law, as added by chapter 139 of the laws of 2006, is amended to read as follows: 6. The provisions of this section shall not apply to the holder of a temporary permit under subdivision [two] SEVEN of section one hundred [five-a] SIXTY-FIVE of this [article] CHAPTER. § 31. This act shall take effect immediately; provided, however, that the amendments to subdivision 8-a of section 17 of the alcoholic bever- age control law made by section twenty-eight of this act shall take effect on the same date as the reversion of such section as provided in section 4 of chapter 118 of the laws of 2012.
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