S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1852
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   exempting  certain  parcels  of  land from the provisions of law which
   generally restrict manufacturers, wholesalers and retailers from shar-
   ing an interest in a liquor license
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (xii)  of paragraph (a) of subdivision 1 of
 section 101 of the alcoholic beverage control law, as added  by  chapter
 453  of  the  laws  of 2018, is amended and a new subparagraph (xiii) is
 added to read as follows:
   (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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05796-02-9

 S. 1852                             2
 
 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
 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)[.]; OR
   (XIII)  ALL  THAT  TRACT OR PARCEL OF LAND, TOGETHER WITH BUILDING AND
 IMPROVEMENTS ERECTED THEREON, SITUATE IN THE CITY OF BUFFALO, COUNTY  OF
 ERIE  AND  STATE OF NEW YORK, BEING LOTS NOS, 1 TO 10 INCLUSIVE AND LOTS
 NOS. 23 TO 32 INCLUSIVE, IN BLOCK "I", OF THE SUBDIVISION OF A  PART  OF
 LOT  88,  BLACK ROCK, TOWNSHIP 11, RANGE I OF THE HOLLAND LAND COMPANY'S
 SURVEY, AS SHOWN ON COVER MAP NO. 196, FILED IN THE ERIE COUNTY  CLERK'S
 OFFICE, BUFFALO, NEW YORK AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
   BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF CHANDLER STREET
 AND  THE  EASTERLY  LINE  OF MANTON PLACE, SAID POINT OF BEGINNING BEING
 ALSO THE NORTHWESTERLY CORNER OF LOT NO  1  IN  THE  ABOVE  REFERRED  TO
 SUBDIVISION,  RUNNING THENCE SOUTHERLY ALONG THE EASTERLY LINE OF MANTON
 PLACE A DISTANCE OF 280 FEET TO THE  NORTHERLY  LINE  OF  GROTE  STREET,
 WHICH  POINT IS ALSO THE SOUTHWESTERLY CORNER OF LOT NO. 23 IN THE ABOVE
 REFERRED TO SUBDIVISION; THENCE EASTERLY ALONG  THE  NORTHERLY  LINE  OF
 GROTE  STREET,  303.16 FEET MORE OR LESS TO THE EASTERLY LINE OR LOT NO.
 32 IN SAID SUBDIVISION, WHICH POINT IS ALSO THE SOUTHWESTERLY CORNER  OF
 LANDS  OWNED  NOW  OR  FORMERLY BY ANTHONY YOUNG AND CAROLINE YOUNG, HIS
 WIFE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF LOTS 32 AND 10,  BEING
 ALSO  ALONG  THE  WESTERLY LINE OF LAND NOW OR FORMERLY OF ANTHONY YOUNG
 AND WIFE AND LANDS OF BARCOLA MANUFACTURING COMPANY A  DISTANCE  OF  280
 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF CHANDLER STREET, SAID POINT
 BEING  ALSO THE NORTHEASTERLY CORNER OF LOT NO. 10 AND THE NORTHWESTERLY
 CORNER OF LANDS NOW OR FORMERLY OF BARCOLA MANUFACTURING COMPANY; THENCE
 WESTERLY ALONG THE SOUTHERLY SIDE  OF  CHANDLER  STREET  A  DISTANCE  OF
 306.70 FEET MORE OR LESS TO THE EASTERLY LINE OF MANTON PLACE, THE POINT
 AND  PLACE  OF  BEGINNING, CONTAINING 1.96 ACRES OF LAND, BEING THE SAME
 MORE OR LESS.
   § 2. Subparagraph (xii) of paragraph (a) of subdivision 13 of  section
 106 of the alcoholic beverage control law, as amended by chapters 453 of
 the  laws  of 2018, is amended and a new subparagraph (xiii) is added to
 read as follows:
   (xii) 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

 S. 1852                             3
 
 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
 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)[.]; OR
   (XIII) ON SUCH PREMISES OR BUSINESS LOCATED ON ANY  OF  THE  FOLLOWING
 FIFTEEN PARCELS:
   PARCEL A
   ALL  THAT  TRACT  OR  PARCEL  OF LAND, SITUATE IN THE CITY OF BUFFALO,
 COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF INNER LOT  NO,  200,
 DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT IN THE WEST LINE OF ELLICOTT STREET WHERE SAID
 WEST LINE IS INTERSECTED BY THE SOUTHERLY LINE OF  SAID  INNER  LOT  NO.
 200,  WHICH POINT IS ONE HUNDRED EIGHTY-NINE AND SIX TENTHS (189.6) FEET
 SOUTH OF THE INTERSECTION OF SAID WEST LINE OF ELLICOTT STREET WITH  THE
 SOUTH LINE OF HURON STREET: RUNNING THENCE WESTERLY ALONG THE SOUTH LINE
 OF  SAID  INNER  LOT  NO., 200, ONE HUNDRED (100) FEET: THENCE NORTHERLY
 PARALLEL WITH ELLICOTT STREET FORTY-EIGHT AND  FIVE  HUNDREDTHS  (48.05)
 FEET:    THENCE EASTERLY AND AT RIGHT ANGLES TO ELLICOTT STREET EIGHTEEN
 AND THIRTY-SIX HUNDREDTHS (18.36) FEET: THENCE SOUTHERLY  ONE  (1)  FOOT
 MORE  OR LESS TO A DIVISION LINE OF THE NORTHERLY WALL OF BUILDING KNOWN
 AS NO. 338-342 ELLICOTT STREET AND SOUTHERLY WALL OF BUILDING  KNOWN  AS
 NO.    346 ELLICOTT STREET: THENCE EASTERLY AND AT RIGHT ANGLES TO ELLI-
 COTT STREET EIGHTY-ONE AND SIXTY-FOUR HUNDREDTHS  (81.64)  FEET  TO  THE
 WESTERLY  LINE  OF  ELLICOTT STREET: THENCE SOUTHERLY ALONG THE WESTERLY
 LINE OF ELLICOTT STREET FORTY-SIX  AND  SEVENTY-TWO  HUNDREDTHS  (46.72)
 FEET TO THE POINT OR PLACE OF BEGINNING.
   PARCEL B
   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  NUMBER  FIFTY-

 S. 1852                             4
 
 SEVEN (57), TOWNSHIP ELEVEN (11) AND RANGE EIGHT (8) OF THE HOLLAND LAND
 COMPANY'S SURVEY, BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT IN THE WESTERLY LINE OF ELMWOOD AVENUE DISTANT
 ONE HUNDRED THIRTY-THREE (133) FEET NORTHERLY FROM ITS INTERSECTION WITH
 THE NORTHERLY LINE OF HODGE AVENUE; AND RUNNING THENCE WESTERLY AT RIGHT
 ANGLES TO THE WESTERLY LINE OF  ELMWOOD  AVENUE,  ONE  HUNDRED  THIRTEEN
 (113)  FEET;  THENCE  NORTHERLY  PARALLEL WITH THE SAID WESTERLY LINE OF
 ELMWOOD AVENUE, THIRTY-FOUR (34) FEET; THENCE EASTERLY AT  RIGHT  ANGLES
 TO  THE SAID WESTERLY LINE OF ELMWOOD AVENUE, ONE HUNDRED THIRTEEN (113)
 FEET TO SAID WESTERLY LINE OF ELMWOOD AVENUE; AND THENCE SOUTHERLY ALONG
 SAID WESTERLY LINE OF ELMWOOD AVENUE, THIRTY-FOUR (34) FEET TO THE PLACE
 OF BEGINNING.
   PARCEL C
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
 IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN  THE  CITY  OF
 BUFFALO,  COUNTY  OF  ERIE  AND STATE OF NEW YORK, BEING PART OF LOT NO.
 FIFTY-ONE (51), TOWNSHIP ELEVEN (11), RANGE EIGHT  (8)  OF  THE  HOLLAND
 LAND COMPANY'S SURVEY, BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING  AT THE INTERSECTION OF THE EAST LINE OF DELAWARE AVENUE (99
 FEET WIDE)  WITH THE NORTH LINE OF ALLEN STREET (62 FEET  WIDE);  THENCE
 EAST  ALONG THE NORTH LINE OF ALLEN STREET, 357.38 FEET TO THE WEST LINE
 OF FRANKLIN STREET (86 FEET WIDE); THENCE NORTH ALONG THE WEST  LINE  OF
 FRANKLIN  STREET,  55.07 FEET TO THE SOUTH LINE OF LANDS CONVEYED TO THE
 CITY OF BUFFALO URBAN RENEWAL AGENCY BY A  DEED  RECORDED  IN  THE  ERIE
 COUNTY  CLERK'S  OFFICE  IN LIBER 9394 OF DEEDS AT PAGE 279; THENCE WEST
 ALONG SAID SOUTH LINE, 17.10 FEET TO  AN  ANGLE  POINT  IN  SAID  LANDS;
 THENCE  CONTINUING  WEST ALONG THE SOUTH LINE OF SAID LANDS, 161.43 FEET
 TO THE CENTER LINE OF THE BLOCK BETWEEN  FRANKLIN  STREET  AND  DELAWARE
 AVENUE; THENCE CONTINUING WEST ALONG THE SOUTH LINE OF SAID LANDS 174.25
 FEET  TO  THE  EAST LINE OF DELAWARE AVENUE, THENCE SOUTH ALONG THE EAST
 LINE OF DELAWARE AVENUE, 97.32 FEET TO THE POINT OF BEGINNING.
   PARCEL D
   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 WESTERLY  LINE  OF  ELMWOOD  AVENUE  AT  A
 DISTANCE OF 384 FEET NORTH OF THE POINT OF INTERSECTION OF THE SAID LINE
 OF ELMWOOD AVENUE WITH THE NORTHERLY LINE OF BIRD AVENUE; RUNNING THENCE
 WESTERLY  PARALLEL  WITH BIRD AVENUE 150 FEET; THENCE NORTHERLY PARALLEL
 WITH SAID LINE OF ELMWOOD AVENUE TO THE SOUTHERLY LINE OF  LAND  HERETO-
 FORE CONVEYED BY THE BYERS BUILDING COMPANY TO GUY W. HINCKLEY AND MARI-
 AN  HINCKLEY, HIS WIFE, BY DEED DATED SEPTEMBER 1, 1918, AND RECORDED IN
 ERIE COUNTY CLERK'S OFFICE IN LIBER 1368 OF DEEDS AT PAGE 600, SEPTEMBER
 14, 1918; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF LAND  SO  CONVEYED
 TO  SAID  GUY W. HINCKLEY AND MARIAN HINCKLEY, HIS WIFE, 150 FEET TO THE
 SAID LINE OF ELMWOOD AVENUE; AND RUNNING  THENCE  SOUTHERLY  ALONG  SAID
 LINE  OF ELMWOOD AVENUE ABOUT 32.24 FEET TO THE POINT OR PLACE OF BEGIN-
 NING.
   PARCEL E
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
 IMPROVEMENTS THEREON ERECTED, SITUATE IN THE VILLAGE  OF  WILLIAMSVILLE,
 TOWN OF AMHERST, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT
 NUMBER  ONE (1), TWELVE (12), RANGE SEVEN (7) OF THE HOLLAND LAND COMPA-
 NY'S SURVEY, BOUNDED AND DESCRIBED AS FOLLOWS:

 S. 1852                             5
 
   BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE  OF  MAIN
 STREET  AND THE EASTERLY LINE OF FURNACE STREET NOW KNOWN AS EAST SPRING
 STREET, THENCE EASTERLY ALONG SAID NORTHERLY LINE OF MAIN STREET  THIRTY
 (30) FEET THENCE NORTHERLY AT RIGHT ANGLES THIRTY (30) FEET TO THE EAST-
 ERLY  LINE  OF  EAST  SPRING STREET THENCE SOUTHERLY ALONG SAID EASTERLY
 LINE OF EAST SPRING STREET ONE HUNDRED  THIRTY-TWO  (132)  FEET  TO  THE
 PLACE OF BEGINNING.
   PARCEL F
   ALL  THAT  CERTAIN  PLOT,  PIECE  OR PARCEL OF LAND SITUATE, LYING AND
 BEING IN THE TOWN OF CLARENCE, COUNTY OF ERIE AND  STATE  OF  NEW  YORK,
 BEING  PART  OF  LOT 12, SECTION 13, TOWNSHIP 12, RANGE 6 OF THE HOLLAND
 LAND COMPANY'S SURVEY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
   BEGINNING AT THE SOUTHEAST CORNER OF LOT 12, SECTION 13;
   THENCE NORTH 87 DEGREES 22 MINUTES 20 SECONDS  WEST  ALONG  THE  SOUTH
 LINE  OF  LOT 12, SAID LINE BEING NORTHERLY RIGHT OF WAY OF MAIN STREET,
 AS LAID OUT 99.00 FEET IN WIDTH, 1227.54 FEET TO  A  POINT,  SAID  POINT
 BEING  THE  INTERSECTION  OF  THE  SOUTH LINE OF LOT 12 AND THE EASTERLY
 RIGHT OF WAY OF TRANSIT ROAD AS SHOWN ON TRANSIT ACQUISITION MAP PART 1,
 S.H. 88, MAP 3, PARCEL 3;
   THENCE NORTH 00 DEGREES 12 MINUTES 50 SECONDS EAST ALONG THE  EASTERLY
 RIGHT  OF  WAY  OF  TRANSIT  ROAD,  SAID LINE ALSO BEING PARALLEL TO AND
 67,000 FEET AT RIGHT ANGLES EASTERLY OF THE WEST LINE OF LOT 12, 1202.82
 FEET TO A POINT;
   THENCE SOUTH 89 DEGREES 47 MINUTES 10 SECONDS EAST ALONG A LINE,  SAID
 LINE  BEING  AT  RIGHT  ANGLES TO THE PREVIOUS COURSE, 1235.48 FEET TO A
 POINT, SAID POINT LYING ON THE EAST LINE OF LOT 12;
   THENCE SOUTH 00 DEGREES 37 MINUTES 10 SECONDS WEST ALONG THE EAST LINE
 OF LOT 12, 1254.57 FEET TO THE POINT OR PLACE OF BEGINNING.
   EXCEPTING AND RESERVING  FROM  THE  FOREGOING  THAT  PIECE  OR  PARCEL
 DESCRIBED AS FOLLOWS:
   BEGINNING  AT  A  POINT  IN THE SOUTH LINE OF LOT 12, SAID POINT BEING
 67.06 FEET SOUTHEASTERLY OF THE SOUTHWEST CORNER OF LOT 12;
   THENCE NORTH 00 DEGREES 12 MINUTES 50 SECONDS EAST ALONG THE  EXISTING
 RIGHT OF WAY OF TRANSIT ROAD, 200.00 FEET TO A POINT;
   THENCE SOUTH 87 DEGREES 22 MINUTES 20 SECONDS EAST ALONG A LINE PARAL-
 LEL TO THE SOUTH LINE OF LOT 12, 200.00 FEET TO A POINT;
   THENCE SOUTH 00 DEGREES 12 MINUTES 50 SECONDS WEST ALONG A LINE PARAL-
 LEL TO THE WEST LINE OF LOT 12, 200.00 FEET TO A POINT, SAID POINT BEING
 ON THE SOUTH LINE OF LOT 12;
   THENCE  NORTH  87  DEGREES  22 MINUTES 20 SECONDS WEST ALONG THE SOUTH
 LINE OF LOT 12, 200.00 FEET TO THE POINT OR PLACE OF BEGINNING.
   EXCEPTING AND RESERVING THAT PART  OF  THE  ABOVE  DESCRIBED  PREMISES
 APPROPRIATED BY THE PEOPLE OF THE STATE OF NEW YORK FOR HIGHWAY PURPOSES
 BY NOTICE OF APPROPRIATION RECORDED IN THE ERIE COUNTY CLERK'S OFFICE IN
 LIBER  10926 OF DEEDS AT PAGE 8401 AND DESIGNATED AS MAP NO. 107, PARCEL
 NO. 107.
   PARCEL G
   ALL THAT TRACT OR PARCEL OF LAND, SITUATED IN THE  TOWN  OF  CLARENCE,
 COUNTY  OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 12, SECTION
 13, TOWNSHIP 12, RANGE 6 OF THE HOLLAND LAND COMPANY'S  SURVEY,  BOUNDED
 AND DESCRIBED AS FOLLOWS:
   COMMENCING  AT THE POINT OF INTERSECTION BETWEEN THE EASTERLY BOUNDARY
 LINE OF TRANSIT ROAD (AS A STREET 100 FEET WIDE) AND THE SOUTHERLY  LINE
 OF LANDS CONVEYED TO SEARS, ROEBUCK AND CO. BY DEED RECORDED IN THE ERIE
 COUNTY CLERK'S OFFICE IN LIBER 7587 OF DEEDS AT PAGE 264; THENCE EASTER-
 LY  ALONG  THE SOUTHERLY LINE OF LANDS SO CONVEYED TO SEARS, ROEBUCK AND

 S. 1852                             6
 
 CO., 555 FEET TO A POINT; THENCE SOUTHERLY ALONG A COURSE  WHICH  IS  AT
 RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 150 FEET TO A POINT, WHICH IS
 THE POINT OR PLACE OF BEGINNING; THENCE EASTERLY ALONG A COURSE WHICH IS
 AT  RIGHT  ANGLES  TO THE LAST DESCRIBED COURSE, 286.11 FEET TO A POINT;
 THENCE NORTHEASTERLY ALONG A COURSE WHICH IS AT  AN  INTERIOR  ANGLE  OF
 205° 58', 28.55 FEET TO A POINT; THENCE EASTERLY AT AN EXTERIOR ANGLE OF
 205°  53' AND ALONG A LINE DRAWN PARALLEL TO THE SOUTHERLY LINE OF LANDS
 SO CONVEYED TO SEARS, ROEBUCK AND CO., 45.68 FEET  TO  A  POINT;  THENCE
 SOUTHWESTERLY  AT  AN INTERIOR ANGLE OF 25° 58', 175.14 FEET TO A POINT;
 THENCE SOUTHERLY AT AN EXTERIOR ANGLE OF  115°  58',  38.99  FEET  TO  A
 POINT;  THENCE  WESTERLY  ALONG A COURSE WHICH IS AT RIGHT ANGLES TO THE
 LAST DESCRIBED COURSE, SAID COURCE BEING ALONG A LINE DRAWN PARALLEL  TO
 THE  SOUTHERLY  LINE OF LANDS SO CONVEYED TO SEARS, ROEBUCK AND CO., 200
 FEET TO A POINT; THENCE NORTHERLY ALONG  A  COURSE  WHICH  IS  AT  RIGHT
 ANGLES  TO  THE LAST DESCRIBED COURSE, 103.17 FEET TO THE POINT OR PLACE
 OF BEGINNING, CONTAINING .58 ACRE, MORE OR LESS.
   PARCEL H
   ALL THAT TRACT OR PARCEL OF LAND SITUATE  IN  THE  TOWN  OF  CLARENCE,
 COUNTY  OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 12, SECTION
 13, TOWNSHIP 12, RANGE 6 OF THE HOLLAND  LAND  COMPANY'S  SURVEY,  BEING
 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF TRANSIT ROAD, AS
 PRESENTLY  LAID  OUT,  AND  THE  NORTHERLY LINE OF LANDS CONVEYED TO THE
 ATLANTIC REFINING & MARKETING CORP., AS  RECORDED  IN  THE  ERIE  COUNTY
 CLERK'S  OFFICE  UNDER LIBER 9519 OF DEEDS AT PAGE 625; THENCE NORTHERLY
 ALONG THE EASTERLY LINE OF TRANSIT ROAD A DISTANCE OF 162.73 FEET TO  AN
 ANGLE POINT THEREIN; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY LINE
 OF  TRANSIT ROAD AT AN EXTERIOR ANGLE OF 179°00'35" A DISTANCE OF 177.50
 FEET TO A POINT; THENCE EASTERLY ALONG A LINE AT AN  INTERIOR  ANGLE  OF
 90°00'00" A DISTANCE OF 274.00 FEET TO A POINT; THENCE SOUTHERLY ALONG A
 LINE  AT  AN  INTERIOR  ANGLE OF 90°00'00" A DISTANCE OF 55.00 FEET TO A
 POINT; THENCE SOUTHWESTERLY  ALONG  A  LINE  AT  AN  INTERIOR  ANGLE  OF
 157°46'55"  A DISTANCE OF 172.50 FEET TO A POINT; THENCE SOUTHERLY ALONG
 A LINE AT AN EXTERIOR ANGLE OF 158°35'37" A DISTANCE OF 138.00 FEET TO A
 POINT; THENCE WESTERLY ALONG A LINE AT AN INTERIOR  ANGLE  OF  87°24'24"
 ALONG THE NORTHERLY LINE OF SAID LANDS CONVEYED TO THE ATLANTIC REFINING
 &  MARKETING CORP., AND ITS EASTERLY EXTENSION A DISTANCE OF 210.00 FEET
 TO THE POINT OF BEGINNING, CONTAINING 1.87 ACRES MORE OR LESS.
   PARCEL I
   ALL THAT TRACT OR PARCEL OF LAND SITUATE  IN  THE  TOWN  OF  CLARENCE,
 COUNTY  OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 12, SECTION
 13, TOWNSHIP 12, RANGE 6 OF THE HOLLAND  LAND  COMPANY'S  SURVEY,  BEING
 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS;
   COMMENCING  AT  THE INTERSECTION OF THE EASTERLY LINE OF TRANSIT ROAD,
 AS PRESENTLY LAID OUT, AND THE SOUTHERLY LINE OF LANDS CONVEYED TO SEARS
 ROEBUCK AND CO., AS RECORDED IN THE ERIE  COUNTY  CLERK'S  OFFICE  UNDER
 LIBER  7587  OF  DEEDS  AT PAGE 264; THENCE EASTERLY ALONG THE SOUTHERLY
 LINE OF SAID LANDS CONVEYED TO SEARS  ROEBUCK  AND  CO.  A  DISTANCE  OF
 598.97  FEET TO THE POINT OF BEGINNING; THENCE EASTERLY CONTINUING ALONG
 THE SOUTHERLY LINE OF SAID LANDS CONVEYED TO SEARS  ROEBUCK  AND  CO.  A
 DISTANCE  OF 387.86 FEET TO A POINT; THENCE SOUTHERLY ALONG A LINE AT AN
 INTERIOR ANGLE OF 90°00'00" A DISTANCE OF 138.00 FEET TO A POINT; THENCE
 WESTERLY ALONG A LINE AT AN INTERIOR ANGLE OF 90°00'00"  A  DISTANCE  OF
 174.00 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE AT AN INTERIOR
 ANGLE OF 159°23'23" A DISTANCE OF 51.14 FEET TO A POINT; THENCE WESTERLY
 ALONG  A  LINE  AT  AN EXTERIOR ANGLE OF 159°23'23" A DISTANCE OF 166.00

 S. 1852                             7
 
 FEET TO A POINT; THENCE NORTHERLY ALONG A LINE AT AN INTERIOR  ANGLE  OF
 90°00'00"  A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING, CONTAIN-
 ING 1.14 ACRES MORE OR LESS.
   PARCEL J
   ALL  THAT  TRACT  OR  PARCEL  OF LAND SITUATE IN THE TOWN OF CLARENCE,
 COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 12,  SECTION
 13,  TOWNSHIP  12,  RANGE  6 OF THE HOLLAND LAND COMPANY'S SURVEY, BEING
 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS;
   BEGINNING AT A POINT IN  THE  SOUTHEASTERLY  CORNER  OF  LOT  NO.  12,
 SECTION  13,  SAID  POINT  BEING  A  POINT IN THE NORTHERLY LINE OF MAIN
 STREET (99 FEET WIDE); THENCE NORTHERLY ALONG THE EAST LINE OF SAID  LOT
 NO. 12, SECTION 13 A DISTANCE OF 1254.57 FEET TO A POINT IN THE SOUTHER-
 LY  LINE  OF  LANDS CONVEYED TO SEARS ROEBUCK AND CO. AS RECORDED IN THE
 ERIE COUNTY CLERK'S OFFICE UNDER LIBER 7587 OF DEEDS AT PAGE 264; THENCE
 WESTERLY ALONG THE SOUTHERLY  LINE  OF  SAID  LANDS  CONVEYED  TO  SEARS
 ROEBUCK  AND  CO. AT AN INTERIOR ANGLE OF 89°35'15" A DISTANCE OF 209.58
 FEET TO A POINT; THENCE SOUTHERLY ALONG A LINE AT AN INTERIOR  ANGLE  OF
 90°00'00"  A  DISTANCE  OF  124.54  FEET TO A POINT OF CURVATURE; THENCE
 SOUTHWESTERLY ALONG A CURVED LINE TO THE RIGHT HAVING A RADIUS OF  90.00
 FEET  AN  ARC  DISTANCE  OF  109.23  FEET TO A POINT OF TANGENCY; THENCE
 SOUTHWESTERLY ALONG A TANGENT LINE A DISTANCE OF 103.99 FEET TO A  POINT
 OF  CURVATURE; THENCE SOUTHERLY ALONG A CURVED LINE TO THE LEFT HAVING A
 RADIUS OF 50.84 FEET AN ARC DISTANCE OF 62.65 FEET TO A POINT OF TANGEN-
 CY; THENCE SOUTHERLY ALONG A TANGENT LINE A DISTANCE OF 159.23 FEET TO A
 POINT; THENCE SOUTHEASTERLY  ALONG  A  LINE  AT  AN  INTERIOR  ANGLE  OF
 149°33'11"  A  DISTANCE  OF 211.02 FEET TO A POINT; THENCE SOUTHEASTERLY
 ALONG A LINE AT AN EXTERIOR ANGLE OF 157°25'48"  A  DISTANCE  OF  157.33
 FEET  TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE AT AN INTERIOR ANGLE
 OF 163°12'34" A DISTANCE OF 113.80 FEET TO  A  POINT;  THENCE  SOUTHERLY
 ALONG  A  LINE  AT  AN EXTERIOR ANGLE OF 151°38'46" A DISTANCE OF 183.05
 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A LINE AT AN EXTERIOR  ANGLE
 OF  134°05'32"  A  DISTANCE  OF  47.82 FEET TO A POINT; THENCE SOUTHERLY
 ALONG A LINE AT AN INTERIOR ANGLE OF 133°52'57"  A  DISTANCE  OF  138.65
 FEET  TO A POINT IN THE NORTHERLY LINE OF SAID MAIN STREET; THENCE EAST-
 ERLY ALONG THE NORTHERLY LINE OF SAID MAIN STREET AT AN  INTERIOR  ANGLE
 OF  90°00'00"  A  DISTANCE  OF  252.79  FEET  TO THE POINT OF BEGINNING,
 CONTAINING 7.93 ACRES MORE OR LESS.
   PARCEL K
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN  THE  TOWN  OF  CLARENCE,
 COUNTY  OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 12, SECTION
 13, TOWNSHIP 12, RANGE 6 OF THE HOLLAND  LAND  COMPANY'S  SURVEY,  BEING
 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF TRANSIT ROAD, AS
 PRESENTLY  LAID  OUT,  AND  THE  NORTHERLY LINE OF LANDS CONVEYED TO THE
 ATLANTIC REFINING & MARKETING CORP.  AS  RECORDED  IN  THE  ERIE  COUNTY
 CLERK'S  OFFICE  UNDER LIBER 9519 OF DEEDS AT PAGE 625; THENCE NORTHERLY
 ALONG THE EASTERLY LINE OF TRANSIT ROAD A DISTANCE OF 162.73 FEET TO  AN
 ANGLE POINT THEREIN; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY LINE
 OF  TRANSIT  ROAD  AT  AN  EXTERIOR  ANGLE OF 179° 00' 35" A DISTANCE OF
 177.50 FEET TO A POINT; THENCE EASTERLY ALONG  A  LINE  AT  AN  INTERIOR
 ANGLE OF 90° 00' 00" A DISTANCE OF 274.00 FEET TO A POINT; THENCE SOUTH-
 ERLY  ALONG  A  LINE  AT  AN INTERIOR ANGLE OF 90° 00' 00" A DISTANCE OF
 55.00 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A LINE AT AN  INTERIOR
 ANGLE  OF 157°46'55" A DISTANCE OF 172.50 FEET TO A POINT; THENCE SOUTH-
 ERLY ALONG A LINE AT AN EXTERIOR ANGLE OF 158° 35'  37"  A  DISTANCE  OF
 138.00  FEET  TO  A  POINT;  THENCE WESTERLY ALONG A LINE AT AN INTERIOR

 S. 1852                             8
 
 ANGLE OF 87° 24' 24" ALONG THE NORTHERLY LINE OF SAID LANDS CONVEYED  TO
 THE  ATLANTIC  REFINING  &  MARKETING CORP. AND ITS EASTERLY EXTENSION A
 DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING.
   TOGETHER  WITH  THE BENEFITS OF A DECLARATION OF EASEMENTS MADE BY THE
 TOWN OF CLARENCE,  ERIE  COUNTY,  INDUSTRIAL  DEVELOPMENT  AGENCY  DATED
 AUGUST  7,  2007 AND RECORDED AUGUST 10, 2007 IN LIBER 11133 OF DEEDS AT
 PAGE 338.
   PARCEL L
   ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN  THE  TOWN  OF  CLARENCE,
 COUNTY  OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 12, SECTION
 13, TOWNSHIP 12, RANGE 6 OF THE HOLLAND  LAND  COMPANY'S  SURVEY,  BEING
 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
   COMMENCING  AT  THE INTERSECTION OF THE EASTERLY LINE OF TRANSIT ROAD,
 AS PRESENTLY LAID OUT, AND THE SOUTHERLY LINE OF LANDS CONVEYED TO SEARS
 ROEBUCK AND CO. AS RECORDED IN THE  ERIE  COUNTY  CLERK'S  OFFICE  UNDER
 LIBER  7587  OF  DEEDS  AT PAGE 264; THENCE EASTERLY ALONG THE SOUTHERLY
 LINE OF SAID LANDS CONVEYED TO SEARS  ROEBUCK  AND  CO.  A  DISTANCE  OF
 598.97  FEET TO THE POINT OF BEGINNING ;THENCE EASTERLY CONTINUING ALONG
 THE SOUTHERLY LINE OF SAID LANDS CONVEYED TO SEARS  ROEBUCK  AND  CO.  A
 DISTANCE  OF 387.86 FEET TO A POINT; THENCE SOUTHERLY ALONG A LINE AT AN
 INTERIOR ANGLE OF 90° 00' 00" A DISTANCE OF  138.00  FEET  TO  A  POINT;
 THENCE  WESTERLY  ALONG  A  LINE  AT  AN INTERIOR ANGLE OF 90° 00' 00" A
 DISTANCE OF 174.00 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE AT
 AN INTERIOR ANGLE OF 159° 23' 23" A DISTANCE OF 51.14 FEET TO  A  POINT;
 THENCE  WESTERLY  ALONG  A  LINE  AT AN EXTERIOR ANGLE OF 159° 23' 23" A
 DISTANCE OF 166.00 FEET TO A POINT; THENCE NORTHERLY ALONG A LINE AT  AN
 INTERIOR  ANGLE OF 90° 00' 00" A DISTANCE OF 120.00 FEET TO THE POINT OF
 BEGINNING.
   TOGETHER WITH THE BENEFITS OF A DECLARATION OF EASEMENTS MADE  BY  THE
 TOWN  OF  CLARENCE,  ERIE  COUNTY,  INDUSTRIAL  DEVELOPMENT AGENCY DATED
 AUGUST 7, 2007 AND RECORDED AUGUST 10, 2007 IN LIBER 11133 OF  DEEDS  AT
 PAGE 338.
   PARCEL M
   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. 51, TOWNSHIP
 11, RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, BOUNDED AND  DESCRIBED
 AS FOLLOWS:
   BEGINNING  AT  A  POINT  IN THE NORTHERLY LINE OF ALLEN STREET 39 FEET
 WEST OF THE INTERSECTION OF SAID NORTHERLY LINE WITH THE  WESTERLY  LINE
 OF  PARK  STREET;  THENCE  WESTERLY  ALONG  THE  NORTHERLY LINE OF ALLEN
 STREET, 129 FEET TO A POINT; THENCE NORTHERLY AT  RIGHT  ANGLES  TO  THE
 NORTHERLY  LINE  OF  ALLEN  STREET, 130 FEET TO A POINT; THENCE EASTERLY
 ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF ALLEN STREET,  59  FEET
 TO A POINT; THENCE SOUTHERLY ALONG A LINE WHICH INTERSECTS THE NORTHERLY
 LINE OF ALLEN STREET AT A RIGHT ANGLE 30 FEET TO A POINT; THENCE EASTER-
 LY  ALONG  A  LINE  PARALLEL WITH THE NORTHERLY LINE OF ALLEN STREET, 70
 FEET TO A POINT; THENCE SOUTHERLY IN A STRAIGHT LINE  100  FEET  TO  THE
 POINT OF BEGINNING.
   PARCEL N
   THE  PREMISES  WHICH  ARE  THE  SUBJECT OF THIS AGREEMENT SHALL BE THE
 DELAWARE PARK CASINO, ALSO KNOW AS THE MARCY CASINO,  AND  INCLUDES  THE
 AREA BOUNDED ON THE SOUTH BY THE SOUTH LINE OF THE EXISTING SERVICE ROAD
 PROVIDING  ACCESS TO THE CASINO AND ROSE GARDEN, ON THE WEST BY THE EAST
 RIGHT-OF-WAY LINE OF LINCOLN PARKWAY, ON THE NORTH BY THE SOUTHERLY EDGE
 OF THE PROMENADE (DOES NOT INCLUDE PROMENADE), AND ON THE EAST BY A LINE
 APPROXIMATELY 30 FEET EAST OF THE EAST WALL OF THE CASINO STRUCTURE.

 S. 1852                             9
 
   PARCEL O
   WHEREAS,  SUBTENANT DESIRES TO SUBLEASE A PORTION OF THE PARK PREMISES
 (HEREINAFTER CALLED "PREMISES OR LEASED PREMISES"), COMMONLY KNOWN AS  A
 PART  OF  THE  FIRST  FLOOR OF THE MUSEUM BUILDING AND ADJACENT EXTERIOR
 SPACE; AND
   THE PARK HEREBY AGREES TO SUBLEASE TO SUBTENANT THAT  PORTION  OF  THE
 FIRST FLOOR OF THE MUSEUM BUILDING AND ADJOINING OUTDOOR SPACE, TOGETHER
 WITH  AN AREA FOR STORAGE (HEREINAFTER LEASED PREMISES), AS DESCRIBED IN
 EXHIBIT "A" AND SUBJECT TO CITY DEPARTMENT OF PUBLIC  WORKS,  PARKS  AND
 STREETS (HEREINAFTER CALLED "DPW") APPROVALS AS SET FORTH HEREIN.
   § 3. This act shall take effect immediately.