A09674 Summary:

BILL NOA09674B
 
SAME ASSAME AS S06884-B
 
SPONSORGalef
 
COSPNSRBuchwald
 
MLTSPNSR
 
Amd §§101, 106 & 64-c, ABC L
 
Adds certain parcels of land in the city of Peekskill and in the town of Greenburgh to the list of premises which are exempt from the provisions of law which restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
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A09674 Actions:

BILL NOA09674B
 
03/29/2016referred to economic development
05/24/2016amend and recommit to economic development
05/24/2016print number 9674a
05/27/2016amend and recommit to economic development
05/27/2016print number 9674b
06/01/2016reported referred to codes
06/06/2016reported referred to rules
06/08/2016reported
06/08/2016rules report cal.186
06/08/2016ordered to third reading rules cal.186
06/14/2016substituted by s6884b
 S06884 AMEND=B STEWART-COUSINS
 03/03/2016REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 05/23/2016COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/23/2016ORDERED TO THIRD READING CAL.1009
 05/24/2016AMENDED ON THIRD READING 6884A
 06/01/2016AMENDED ON THIRD READING 6884B
 06/06/2016PASSED SENATE
 06/06/2016DELIVERED TO ASSEMBLY
 06/06/2016referred to codes
 06/14/2016substituted for a9674b
 06/14/2016ordered to third reading rules cal.186
 06/14/2016passed assembly
 06/14/2016returned to senate
 08/30/2016DELIVERED TO GOVERNOR
 09/09/2016SIGNED CHAP.318
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A09674 Committee Votes:

ECONOMIC DEVELOPMENT Chair:Schimminger DATE:06/01/2016AYE/NAY:22/3 Action: Favorable refer to committee Codes
SchimmingerAyeWalterAye
GanttAyeTediscoAye
CahillAyeButlerAye
MagnarelliAyeCrouchAye
RussellAyeKatzAbsent
LupardoAyeMcLaughlinAye
BronsonAyeDiPietroAye
JaffeeAye
SimanowitzAye
BrindisiAye
StirpeAye
BarrettAye
SkartadosAye
DavilaAye
BichotteNay
Jean-PierreAye
WalkerNay
BarronNay
HyndmanAye

CODES Chair:Lentol DATE:06/06/2016AYE/NAY:21/0 Action: Favorable refer to committee Rules
LentolAyeGrafAye
SchimmingerAyeGiglioAye
WeinsteinAyeMcKevittAye
HevesiAyeMontesanoAye
WrightAbsentRaAye
PretlowAyeTenneyAye
CookAye
CymbrowitzAye
TitusAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye

RULES Chair:Heastie DATE:06/08/2016AYE/NAY:29/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeTediscoAye
LentolAyeOaksAye
FarrellAyeButlerAye
GanttAyeCrouchAye
NolanExcusedFinchAye
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeDupreyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
WrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
MarkeyAye

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A09674 Floor Votes:

There are no votes for this bill in this legislative session.
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A09674 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9674--B
 
                   IN ASSEMBLY
 
                                     March 29, 2016
                                       ___________
 
        Introduced  by M. of A. GALEF, BUCHWALD -- read once and referred to the
          Committee  on  Economic  Development  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the alcoholic beverage control law, in relation to the
          exemption of certain parcels of land
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (a) of subdivision 1 of section 101 of the alco-
     2  holic beverage control law, as amended by chapter 301  of  the  laws  of
     3  2014, is amended to read as follows:
     4    (a)  Be  interested  directly  or indirectly in any premises where any
     5  alcoholic beverage is sold at retail; or in any business devoted  wholly
     6  or  partially  to  the sale of any alcoholic beverage at retail by stock
     7  ownership, interlocking directors, mortgage or lien or any  personal  or
     8  real  property,  or by any other means. The provisions of this paragraph
     9  shall not apply to (i) any such premises or  business  constituting  the
    10  overnight  lodging and resort facility located wholly within the bounda-
    11  ries of the town of  North  Elba,  county  of  Essex,  township  eleven,
    12  Richard's  survey,  great  lot  numbers  two  hundred seventy-eight, two
    13  hundred seventy-nine, two hundred eighty, two hundred ninety-eight,  two
    14  hundred  ninety-nine,  three  hundred,  three  hundred  eighteen,  three
    15  hundred nineteen, three hundred twenty, three  hundred  thirty-five  and
    16  three hundred thirty-six, and township twelve, Thorn's survey, great lot
    17  numbers  one  hundred  six  and  one  hundred  thirteen, as shown on the
    18  Adirondack map, compiled by the conservation department of the state  of
    19  New  York  -  nineteen  hundred  sixty-four edition, in the Essex county
    20  atlas at page twenty-seven in the Essex county  clerk's  office,  Eliza-
    21  bethtown,  New York, provided that such facility maintains not less than
    22  two hundred fifty rooms and suites for overnight lodging, (ii) any  such
    23  premises  or  business  constituting  the  overnight  lodging and resort
    24  facility located wholly within the boundaries of that tract or parcel of
    25  land situate in the city of Canandaigua, county of Ontario, beginning at
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14268-11-6

        A. 9674--B                          2
 
     1  a point in the northerly line of village lot nine where  it  meets  with
     2  South  Main  Street,  thence south sixty-nine degrees fifty-four minutes
     3  west a distance of nine hundred sixteen and twenty-three hundredths feet
     4  to an iron pin; thence in the same course a distance of fourteen feet to
     5  an  iron pin; thence in the same course a distance of fourteen and four-
     6  tenths feet to  a  point;  thence  south  fifteen  degrees  thirty-eight
     7  minutes  and forty seconds east a distance of four hundred forty-six and
     8  eighty-seven hundredths feet  to  a  point;  thence  south  twenty-eight
     9  degrees  thirty-seven  minutes  and fifty seconds east a distance of one
    10  hundred thirteen and eighty-four hundredths  feet  to  a  point;  thence
    11  south  eighty-five  degrees  and  forty-seven minutes east a distance of
    12  forty-seven and sixty-one hundredths feet to an iron pin; thence on  the
    13  same  course  a distance of three hundred and sixty-five feet to an iron
    14  pin; thence north seventeen degrees twenty-one minutes and  ten  seconds
    15  east  a  distance  of four hundred fifty-seven and thirty-two hundredths
    16  feet to an iron pin; thence north nineteen degrees  and  thirty  minutes
    17  west  a  distance of two hundred and forty-eight feet to a point; thence
    18  north sixty-nine degrees and fifty-four minutes east a distance  of  two
    19  hundred  eighty-four  and  twenty-six hundredths feet to a point; thence
    20  north nineteen degrees and thirty minutes west a distance of sixty  feet
    21  to  the  point and place of beginning, provided that such facility main-
    22  tains not less than one hundred twenty rooms and  suites  for  overnight
    23  lodging,  (iii) any such premises or business constituting the overnight
    24  lodging facility located wholly within the boundaries of that  tract  or
    25  parcel  of land situated in the borough of Manhattan, city and county of
    26  New York, beginning at a point on the  northerly  side  of  west  fifty-
    27  fourth street at a point one hundred feet easterly from the intersection
    28  of  the said northerly side of west fifty-fourth street and the easterly
    29  side of seventh avenue; running thence northerly and parallel  with  the
    30  easterly  side  of  seventh  avenue  one hundred feet five inches to the
    31  center line of the block; running thence easterly and parallel with  the
    32  northerly  side of west fifty-fourth street and along the center line of
    33  the block fifty feet to a point; running thence northerly  and  parallel
    34  with the easterly side of seventh avenue one hundred feet five inches to
    35  the  southerly  side  of  west fifty-fifth street at a point distant one
    36  hundred fifty feet easterly from the intersection of the said  southerly
    37  side of west fifty-fifth street and the easterly side of seventh avenue;
    38  running  thence  easterly  along  the southerly side of west fifty-fifth
    39  street thirty-one feet three inches to a point; running thence southerly
    40  and parallel with the easterly side of the seventh  avenue  one  hundred
    41  feet five inches to the center line of the block; running thence easter-
    42  ly  along  the  center line of the block and parallel with the southerly
    43  side of west fifty-fifth street, one hundred feet; running thence north-
    44  erly and parallel with the easterly side of seventh avenue  one  hundred
    45  feet  five  inches  to  the  southerly  side of west fifty-fifth street;
    46  running thence easterly along the southerly  side  of  west  fifty-fifth
    47  street  twenty-one  feet  ten  and  one-half  inches to a point; running
    48  thence southerly and parallel with the easterly side of  seventh  avenue
    49  one  hundred  feet  five inches to the center line of the block; running
    50  thence westerly along the center line of the block and parallel with the
    51  northerly side of west fifty-fourth street three feet one  and  one-half
    52  inches;  running thence southerly and parallel with the easterly side of
    53  seventh avenue one hundred feet five inches to  the  northerly  side  of
    54  west  fifty-fourth street at a point distant three hundred feet easterly
    55  from the intersection of the said northerly side  of  west  fifty-fourth
    56  street  and the easterly side of seventh avenue; running thence westerly

        A. 9674--B                          3
 
     1  and along the northerly side of west  fifty-fourth  street  two  hundred
     2  feet  to  the  point  or place of beginning, provided that such facility
     3  maintains not less than four hundred guest rooms and  suites  for  over-
     4  night  lodging, (iv) any such premises or business located on that tract
     5  or parcel of land, or any subdivision thereof, situate in the Village of
     6  Lake Placid, Town of North Elba, Essex County, New York; it being also a
     7  part of Lot No.  279, Township No. 11,  Old  Military  Tract,  Richard's
     8  Survey;  it being also all of Lot No. 23 and part of Lot No. 22 as shown
     9  and designated on a certain map entitled "Map of Building Sites for Sale
    10  by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also  being  PARCEL
    11  No.  1  on  a certain map of lands of Robert J. Mahoney and wife made by
    12  G.C. Sylvester, P.E.  & L.S.  # 21300, dated August 4, 1964,  and  filed
    13  in  the Essex County Clerk's Office on August 27, 1964, and more partic-
    14  ularly bounded and described as follows; BEGINNING at  the  intersection
    15  of the northerly bounds of Shore Drive (formerly Mirror Street) with the
    16  westerly  bounds  of  Park  Place (formerly Rider Street) which point is
    17  also the northeast corner of Lot No. 23, from thence South  21°50'  East
    18  in  the  westerly  bounds  of Park Place a distance of 119 feet, more or
    19  less, to a lead plug in the edge of the sidewalk marking  the  southeast
    20  corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
    21  South  68°00'50"  West  a  distance of 50.05 feet to an iron pipe set in
    22  concrete at the corner of Lots 23 and 22; from  thence  South  65°10'50"
    23  West  a  distance  of 7.94 feet along the south line of Lot No. 22 to an
    24  iron pipe for a corner; from thence North 23°21'40" West  and  at  17.84
    25  feet  along  said line passing over a drill hole in a concrete sidewalk,
    26  and at 68.04 feet further along said line passing over an iron  pipe  at
    27  the  southerly  edge of another sidewalk, and at 1.22 feet further along
    28  said line passing over  another  drill  hole  in  a  sidewalk,  a  total
    29  distance  of  119  feet, more or less, to the northerly line of Lot. No.
    30  22; from thence easterly in the northerly line of Lot 22 and 23  to  the
    31  northeast  corner of Lot No. 23 and the point of beginning. Also includ-
    32  ing the lands to the center of Shore Drive included between the norther-
    33  ly straight line continuation of the side lines of the  above  described
    34  parcel,  and  to  the  center  of  Park Place, where they abut the above
    35  described premises SUBJECT to the use thereof for street purposes. Being
    36  the same premises conveyed by Morestuff, Inc.  to  Madeline  Sellers  by
    37  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    38  July  10,  1992 in Book 1017 of Deeds at Page 318; (v) any such premises
    39  or business located on that certain piece or  parcel  of  land,  or  any
    40  subdivision  thereof,  situate,  lying  and being in the Town of Platts-
    41  burgh, County of Clinton, State of New York and being more  particularly
    42  bounded  and described as follows: Starting at an iron pipe found in the
    43  easterly bounds of the highway known as the Old Military Turnpike,  said
    44  iron pipe being located 910.39 feet southeasterly, as measured along the
    45  easterly  bounds of said highway, from the southerly bounds of the road-
    46  way known as Industrial Parkway West, THENCE running S 31 °  54'  33"  E
    47  along  the  easterly  bounds  of  said  Old Military Turnpike Extension,
    48  239.88 feet to a point marking the beginning of a curve concave  to  the
    49  west; thence southerly along said curve, having a radius of 987.99 feet,
    50  248.12 feet to an iron pipe found marking the point of beginning for the
    51  parcel  herein  being  described,  said  point also marked the southerly
    52  corner of lands of Larry Garrow, et al, as  described  in  Book  938  of
    53  Deeds  at  page  224; thence N 07° 45' 4" E along the easterly bounds of
    54  said Garrow, 748.16 feet  to  a  3"x4"  concrete  monument  marking  the
    55  northeasterly  corner  of  said  Garrow, the northwesterly corner of the
    56  parcel herein being described and said monument also marking the  south-

        A. 9674--B                          4
 
     1  erly  bounds  of lands of Salerno Plastic Corp. as described in Book 926
     2  of Deeds at Page 186; thence S 81° 45' 28" E  along  a  portion  of  the
     3  southerly  bounds  of said Salerno Plastic Corp., 441.32 feet to an iron
     4  pin  found  marking  the northeasterly corner of the parcel herein being
     5  described and also marking the northwest corner of the  remaining  lands
     6  now  or  formerly owned by said Marx and Delaura; thence S 07° 45' 40" W
     7  along the Westerly bounds of lands now of  formerly  of  said  Marx  and
     8  DeLaura  and  along  the  easterly  bounds  of  the  parcel herein being
     9  described, 560.49 feet to an iron pin; thence N 83° 43' 21"  W  along  a
    10  portion  of  the remaining lands of said Marx and DeLaura, 41.51 feet to
    11  an iron pin; thence S 08° 31' 30" W, along a portion  of  the  remaining
    12  lands  of  said  Marx  and  Delaura,  75.01  feet to an iron pin marking
    13  northeasterly corner of lands currently owned by the Joint  Council  for
    14  Economic   Opportunity  of  Plattsburgh  and  Clinton  County,  Inc.  as
    15  described in Book 963 of Deeds at Page 313; thence N 82° 20' 32" W along
    16  a portion of the northerly bounds of said J.C.E.O., 173.50  feet  to  an
    17  iron pin; thence 61° 21' 12" W, continuing along a portion of the north-
    18  erly  bounds  of said J.C.E.O., 134.14 feet to an iron pin; thence S 07°
    19  45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron
    20  pin; thence S 66° 48' 56" W along a portion of the northerly  bounds  of
    21  remaining  lands  of  said Marx and DeLaura, 100.00 feet to an iron pipe
    22  found on the easterly bounds of the aforesaid highway,  said  from  pipe
    23  also  being  located  on a curve concave to the west; thence running and
    24  running northerly along the easterly bounds of the aforesaid highway and
    25  being along said curve, with the curve having a radius of  987.93  feet,
    26  60.00 feet to the point of beginning and containing 6.905 acres of land.
    27  Being  the  same  premises  as conveyed to Ronald Marx and Alice Marx by
    28  deed of CIT Small Business Lending Corp., as agent of the administrator,
    29  U.S. Small Business Administration,  an  agency  of  the  United  States
    30  Government  dated  September  10, 2001 and recorded in the office of the
    31  Clinton County Clerk on September 21, 2001  as  Instrument  #135020;  or
    32  (vi)  any such premises or business located on the west side of New York
    33  state route 414 in military lots 64 and 75  located  wholly  within  the
    34  boundaries of that tract or parcel of land situated in the town of Lodi,
    35  county  of  Seneca  beginning at an iron pin on the assumed west line of
    36  New York State Route 414 on the apparent north line of  lands  reputedly
    37  of  White  (lib.  420,  page  155); said iron pin also being northerly a
    38  distance of 1200 feet more or less from the centerline of  South  Miller
    39  Road;  Thence leaving the point of beginning north 85-17'-44" west along
    40  said lands of White a distance of 2915.90 feet to  an  iron  pin  Thence
    41  north 03-52'-48" east along said lands of White, passing through an iron
    42  pin 338.36 feet distant, and continuing further along that same course a
    43  distance  of 13.64 feet farther, the total distance being 352.00 feet to
    44  a point in the assumed centerline of Nellie Neal Creek; Thence in gener-
    45  ally a north westerly direction  the  following  courses  and  distances
    46  along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west
    47  a  distance  of 189.56 feet to a point; north 63-40'-00" west a distance
    48  of 156.00 feet to a point; north 49-25'-00" west  a  distance  of  80.00
    49  feet  to  a  point;  south 80-21'-00" west a distance of 90.00 feet to a
    50  point; north 72-03'-00" west a distance of 566.00 feet to a point; north
    51  68-15'-00" west a distance of 506.00 feet to a point;  north  55-16'-00"
    52  west  a  distance  of  135.00  feet  to a point; south 69-18'-00" west a
    53  distance of 200.00 feet to a point; south 88-00'-00" west a distance  of
    54  170.00  feet  to a point on a tie line at or near the high water line of
    55  Seneca Lake; Thence north 25-17'-00" east along said tie line a distance
    56  of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands

        A. 9674--B                          5
 
     1  reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
     2  an iron pin; Thence north 06-56'-47" east along said lands of M.  Wagner
     3  a  distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east
     4  along  lands  reputedly  of  Schneider (lib. 429, page 37) a distance of
     5  50.10 feet to an iron pipe; Thence north  07-49'-11"  east  along  lands
     6  reputedly  of  Oney  (lib.  484, page 24) a distance of 50.00 feet to an
     7  iron pipe; Thence north 82-29'-40" west  along  said  lands  of  Oney  a
     8  distance  of  95.30  feet  to  an iron pipe on a tie line at or near the
     9  highwater line of Seneca Lake; Thence north 08-15'-22" east  along  said
    10  tie  line  a  distance  of  25.00  feet  to  an  iron  pin; Thence south
    11  82-28'-00" east along lands reputedly of  Yu  (lib.  405,  page  420)  a
    12  distance  of  96.53  feet  to an iron pipe; Thence north 34-36'-59" east
    13  along said lands of Yu a distance of  95.00  feet  to  a  point  in  the
    14  assumed  centerline  of  Van Liew Creek; Thence in generally an easterly
    15  direction the following courses and distances along the assumed  center-
    16  line  of Van Liew Creek; north 72-46'-37" east a distance of 159.98 feet
    17  to a point; north 87-53'-00" east a distance of 94.00 feet to  a  point;
    18  south  71-12'-00"  east  a  distance  of  52.00  feet  to a point; south
    19  84-10'-00" east a distance of 158.00 feet to a point;  south  59-51'-00"
    20  east  a  distance  of  160.00  feet  to a point; south 83-29'-00" east a
    21  distance of 187.00 feet to a point; Thence north 01-33'-40"  east  along
    22  lands  reputedly  of Hansen (lib. 515, page 205) passing through an iron
    23  pipe 32.62 feet distant, and continuing further along that  same  course
    24  passing  through  an  iron pin 205.38 feet farther, and continuing still
    25  further along that same course a distance of  21.45  feet  farther,  the
    26  total  distance  being 259.45 feet to the assumed remains of a White Oak
    27  stump; Thence north 69-16'-11" east along lands  reputedly  of  Schwartz
    28  (lib.  374, page 733) being tie lines along the top of the south bank of
    29  Campbell Creek a distance of  338.00  feet  to  a  point;  Thence  south
    30  57-17'32" east along said tie line a distance of 136.60 feet to a point;
    31  Thence  south  74-45'-00"  east along said tie line a distance of 100.00
    32  feet to an iron pin; Thence north 04-46'-00" east along  said  lands  of
    33  Schwartz  a distance of 100.00 feet to a point in the assumed centerline
    34  of Campbell Creek; Thence in generally an easterly direction the follow-
    35  ing courses and distances  along  the  assumed  centerline  of  Campbell
    36  Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north
    37  76-53'-00"  east  a  distance of 180.00 feet to a point; north 83-05'00"
    38  east a distance of 230.00 feet to  a  point;  south  66-44'-00"  east  a
    39  distance  of  90.00 feet to a point; south 81-10'-00" east a distance of
    40  240.00 feet to a point; south 45-29'-15" east a distance of  73.18  feet
    41  to  a point; Thence south 05-25'-50" west along lands reputedly of Stan-
    42  ley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point  on
    43  the  assumed north line of Military Lot 75; Thence south 84-34'-10" east
    44  along said lands of Wagner and the assumed north line of Military Lot 75
    45  a distance of 1195.06 feet to an iron pin; Thence south  O6-57'52"  west
    46  along  said  lands  of M. Wagner (lib. 414, page 267) passing through an
    47  iron pin 215.58 feet distant, and continuing  further  along  that  same
    48  course a distance of 20.59 feet farther, the total distance being 236.17
    49  feet  to  a point in the assumed centerline of Campbell Creek; Thence in
    50  generally a south easterly direction the following course and  distances
    51  along  the assumed centerline of Campbell Creek; north 78-23'-09" east a
    52  distance of 29.99 feet to a point; south 46-09'-15" east a  distance  of
    53  65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to
    54  a  point;  south  61-59'-50"  east a distance of 206.91 feet to a point;
    55  north 63-58'-27" east a  distance  of  43.12  feet  to  a  point;  south
    56  28-51'-21"  east  a  distance of 47.72 feet to a point; south 15-14'-08"

        A. 9674--B                          6
 
     1  west a distance of 33.42 feet  to  a  point;  south  79-16'-32"  east  a
     2  distance  of 255.15 feet to a point; south 62-19'-46" east a distance of
     3  75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to
     4  a point; north 82-12'55" east a distance of 86.00 feet to a point; south
     5  44-13'53"  east  a  distance  of 64.08 feet to a point; north 67-52'-46"
     6  east a distance of 73.98 feet  to  a  point;  north  88-13'-13"  east  a
     7  distance  of  34.64 feet to a point on the assumed west line of New York
     8  State Route 414; Thence south 20-13'-30" east  along  the  assumed  west
     9  line of New York State Route 414 a distance of 248.04 feet to a concrete
    10  monument;  Thence  south 02-10'-30" west along said road line a distance
    11  of 322.90 feet to an iron pin; Thence 13-14'-50" west  along  said  road
    12  line  a  distance of 487.41 feet to an iron pin, said iron pin being the
    13  point and place of beginning;
    14    Comprising an area of 126.807 acres of  land  according  to  a  survey
    15  completed  by  Michael  D.  Karlsen  entitled  "Plan Owned by Stanley A.
    16  Wagner" known as Parcel A of Job number 98-505.
    17    This survey is subject to all  utility  easements  and  easements  and
    18  right-of-ways of record which may affect the parcel of land.
    19    This  survey  is  also  subject  to the rights of the public in and to
    20  lands herein referred to as New York State Route 414.
    21    This survey intends to describe a portion of the premises as  conveyed
    22  by  Ruth  V.  Wagner  to Stanley A. Wagner by deed recorded February 10,
    23  1989 in Liber 450 of deeds, at Page 286.
    24    This survey also intends to describe a  portion  of  the  premises  as
    25  conveyed  by  Stanley  W. VanVleet to Stanley A. Wagner by deed recorded
    26  April 30, 1980 in Liber 385 of Deeds, at Page 203.
    27   ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
    28  New York State Route 414 in Military Lot 75 in the Town of Lodi,  County
    29  of Seneca, State of New York bounded and described as follows:
    30    Beginning  at  an  iron pin on the assumed east line of New York State
    31  Route 414, said iron pin being  north  50-44'-57"  east  a  distance  of
    32  274.92  feet  from  the  south  east corner of the parcel of land herein
    33  above described; Thence leaving the point of beginning  north  00-26'01"
    34  east  along a mathematical tie line a distance of 504.91 feet to an iron
    35  pin; Thence south 37-00'-20" east along lands  reputedly  of  Tomberelli
    36  (lib.  419,  page  243) passing through an iron pin 176.00 feet distant,
    37  and continuing further along that same course a distance  of  2.01  feet
    38  farther,  the  total distance being 178.01 feet to a point; Thence south
    39  09-03'-55" west along lands reputedly of M. Wagner (lib. 491, page  181)
    40  a  distance  of 68.19 feet to an iron pipe; Thence south 15-36'-04" west
    41  along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
    42  Thence south 72-04'-59" west along said lands of M. Wagner a distance of
    43  20.49 feet to an iron pin, said iron pin being the point  and  place  of
    44  beginning.
    45    Comprising  an  area  of  0.727  acre  of  lands according to a survey
    46  completed by Michael D. Karlsen entitled "Plan of Land Owned by  Stanley
    47  A. Wagner" known as Parcel B of job number 98-505.
    48    This  survey  is  subject  to  all utility easements and easements and
    49  right-of-ways of record which may affect this parcel of land.
    50    This survey is also subject to the rights of  the  public  in  and  to
    51  lands herein referred to as New York State Route 414.
    52    This survey intends to describe the same premises as conveyed by Henry
    53  W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
    54  to  Stanley  A.  Wagner by deed recorded July 2, 1996 in liber 542, page
    55  92.

        A. 9674--B                          7

     1    This survey also intends to describe a  portion  of  the  premises  as
     2  conveyed  by Ruth V. Wagner to Stanley A. Wagner by deed recorded Febru-
     3  ary 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of  this
     4  paragraph  shall  not  apply  to any premises or business located wholly
     5  within  the following described parcel: ALL THAT TRACT OR PARCEL OF LAND
     6  situate in the City of Corning, County of Steuben and State of New  York
     7  bounded  and  described  as follows: Beginning at an iron pin situate at
     8  the terminus of the westerly line of Townley Avenue at its  intersection
     9  with the southwesterly line of New York State Route 17; thence S 00° 45'
    10  18"  E  along  the westerly line of Townley Avenue, a distance of 256.09
    11  feet to a point; thence S 89° 02' 07" W through an iron pin placed at  a
    12  distance of 200.00 feet, a total distance of 300.00 feet to an iron pin;
    13  thence N 00° 59' 17" W a distance of 47.13 feet to an iron pin; thence S
    14  89° 02' 07" W a distance of 114.56 feet to a point situate in the south-
    15  east  corner  of  Parcel  A-2  as  set forth on a survey map hereinafter
    16  described; thence N 14° 18' 49" E a distance of 124.40 feet to  an  iron
    17  pin  situate  at  the southeast corner of lands now or formerly of Cicci
    18  (Liber 923, Page 771); thence N 14° 18' 49" E a distance of  76.46  feet
    19  to  an  iron  pin; thence N 00° 57' 53" W a distance of 26.25 feet to an
    20  iron pin marking the southeast corner of parcel A-1 as set forth on  the
    21  hereinafter  described  survey map; thence N 00° 58' 01" W a distance of
    22  166.00 to an iron pin situate at the northeast  corner  of  said  Parcel
    23  A-1,  which pin also marks the southeast corner of lands now or formerly
    24  of Becraft (Liber 1048, Page 1086); thence N 00° 57' 53" W a distance of
    25  106.00 feet to an iron pin situate in the southerly line of lands now or
    26  formerly of the United States Postal Service; thence N  89°  02'  07"  E
    27  along the southerly line of said United States Postal Service a distance
    28  of 81.47 feet to a point; thence N 14° 18' 49" E along the easterly line
    29  of  said  United  States  Postal Service a distance of 114.29 feet to an
    30  iron pin situate in the southwesterly line of New York State  Route  17;
    31  thence  S  32°  00' 31" E along the southwesterly line of New York State
    32  Route 17, a distance of 358.93 feet to an iron  pin;  thence  continuing
    33  along the southwesterly line of New York state Route 17, S 38° 30' 04" E
    34  a  distance  of  108.18 feet to the iron pin marking the place of begin-
    35  ning. Said premises are set forth and shown as approximately 4.026 acres
    36  of land designated as Parcel A (excluding Parcels  A-1  and  A-2)  on  a
    37  survey map entitled "As-Built Survey of Lands of New York Inn, LLC, City
    38  of Corning, Steuben County, New York" by Weiler Associates, dated Decem-
    39  ber  27,  2001,  designated Job No. 12462; or (vii) any such premises or
    40  businesses located on that certain plot, piece or parcel of land,  situ-
    41  ate,  lying  and being in the Second Ward of the City of Schenectady, on
    42  the Northerly side of Union Street, bounded and described as follows: to
    43  wit; Beginning at the Southeasterly corner of the lands lately owned  by
    44  Elisha L. Freeman and now by Albert Shear; and running from thence East-
    45  erly  along  the line of Union Street, 44 feet to the lands now owned by
    46  or in the possession of James  G.  Van  Vorst;  thence  Northerly  in  a
    47  straight  line  along the last mentioned lands and the lands of the late
    48  John Lake, 102 feet to the lands of one Miss  Rodgers;  thence  Westerly
    49  along  the line of the last mentioned lands of said Rodgers to the lands
    50  of the said Shear; and thence Southerly along the lands  of  said  Shear
    51  101 feet, 6 inches to Union Street, the place of beginning.
    52    Also  all  that  tract  or parcel of land, with the buildings thereon,
    53  situate in the City of Schenectady, County of Schenectady, and State  of
    54  New  York,  situate  in  the First, formerly the Second Ward of the said
    55  City, on the Northerly side of  Union  Street,  which  was  conveyed  by
    56  William  Meeker  and  wife to Elisha L. Freeman by deed dated the second

        A. 9674--B                          8
 
     1  day of December 1843, and recorded in the Clerk's Office of  Schenectady
     2  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
     3  said  deed  is bounded and described as follows: Beginning at a point in
     4  the  Northerly line of Union Street where it is intersected by the East-
     5  erly line of  property  numbered  235  Union  Street,  which  is  hereby
     6  conveyed,  and  running thence Northerly along the Easterly line of said
     7  property, One Hundred Forty and Five-tenths  (140.5)  feet  to  a  point
     8  sixteen  (16)  feet  Southerly from the Southerly line of the new garage
     9  built upon land adjoining on the North; thence  Westerly  parallel  with
    10  said  garage,  Forty-six  and Seven-tenths (46.7) feet; thence Southerly
    11  One Hundred Forty and Eight-tenths (140.8) feet to the Northerly  margin
    12  of  Union  Street;  thence  Easterly along the Northerly margin of Union
    13  Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
    14  place of beginning.
    15    The  two  above  parcels  are  together more particularly described as
    16  follows:
    17    All that parcel of land in the City  of  Schenectady  beginning  at  a
    18  point  in  the  northerly  margin  of  Union Street at the southwesterly
    19  corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
    20  which  point  is  about  60  feet westerly of the westerly line of North
    21  College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the
    22  southeasterly  corner  of  other lands now or formerly of Friedman (Deed
    23  Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet  to  the
    24  southwesterly  corner  of  lands  now or formerly of Stockade Associates
    25  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
    26  lands now or formerly of McCarthy (Deed Book 1129 at page  281);  thence
    27  along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
    28  corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
    29  thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;
    30  thence  still  along  lands of SONYMA and lands now or formerly of Magee
    31  (Deed Book 399 at page 165) S. 86 deg.  11'  52"  E.  42.57  feet  to  a
    32  corner;  thence  still  along lands of Magee and Lands of Friedman first
    33  above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of begin-
    34  ning.
    35    Excepting and reserving all that portion of  the  above  parcel  lying
    36  easterly of a line described as follows:
    37    All  that tract or parcel of land, situated in the City of Schenectady
    38  and County of Schenectady and State of New York, on the  Northerly  side
    39  of Union Street bounded and described as follows:
    40    Beginning at a point in the northerly line of Union Street, said point
    41  being  in  the  division  line between lands now or formerly of Electric
    42  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    43  formerly of Margaret Wexler and Donna Lee Wexler Pavlovic,  as  trustees
    44  under  Will  of  Ruth  F. Wexler (Street number 241 Union Street) on the
    45  East; thence North 03 deg. 04' 10" East, along  the  building  known  as
    46  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    47  North  88  deg.  45'  45"  West, along said building and building eve, a
    48  distance of 5.62 feet to a point; thence North 03  deg.  03'  30"  East,
    49  along  said  building  eve of Street No. 241 Union Street, a distance of
    50  32.74 feet; thence South 88 deg. 45' 45" East, along said building  eve,
    51  a  distance  of 1.2 feet to an intersection of building corner of Street
    52  No. 241 Union Street and a brick wall; thence  north  03  deg.  37'  30"
    53  East,  along said brick wall, a distance of 14.47 feet to a point in the
    54  corner of the brick wall, thence South 86 deg. 46' 45" East  along  said
    55  brick  wall  a  distance  of 4.42 feet to the intersection of brick wall
    56  with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)

        A. 9674--B                          9
 
     1  on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
     2  (aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of
     3  0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
     4  and Donna Lee Wexler Pavlovic.
     5    Also  all  that  tract  or  parcel of land commonly known as the Union
     6  Street School, located on the Northeasterly corner of  Union  and  North
     7  College  Streets in the First Ward of the City and County of Schenectady
     8  and State of New  York,  more  particularly  bounded  and  described  as
     9  follows:    Beginning  at  a point in the Northerly street line of Union
    10  Street where it is intersected by the  Easterly  street  line  of  North
    11  College Street, and runs thence Northerly along the Easterly street line
    12  of  North College Street, one hundred seven and five-tenths (107.5) feet
    13  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    14  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    15  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    16  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    17  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
    18  Northerly street line of Union Street; thence Westerly along the  North-
    19  erly street line of Union Street, one hundred twenty-four and fifty-five
    20  hundredths (124.55) feet to the point or place of beginning.
    21    The  above  described parcel of property includes the Blue Line parcel
    22  of land, which is a portion of the abandoned Erie Canal  Lands,  located
    23  in  the  First Ward of the City of Schenectady, New York, and which Blue
    24  Line parcel lies between the Northwesterly line of Erie Boulevard as set
    25  forth in the above described premises and the Northeasterly lot line  of
    26  the  old  Union Street School as it runs parallel with the Northwesterly
    27  line of Erie Boulevard as aforesaid.
    28    The two above parcels are  together  more  particularly  described  as
    29  follows: All that parcel of land in the City of Schenectady beginning at
    30  a  point  in  the northerly margin of Union Street and the northwesterly
    31  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
    32  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
    33  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
    34  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    35  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
    36  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
    37  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
    38  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
    39  ning; or (viii) any such premises or businesses located on that tract or
    40  parcel of land situate in the Town of Hopewell, Ontario County, State of
    41  New York, bounded and described as follows: Commencing at a  5/8"  rebar
    42  found  on  the  division  line  between lands now or formerly of Ontario
    43  County - Finger Lakes Community College (Liber 698 of Deeds,  Page  466)
    44  on  the  north and lands now or formerly of James W. Baird (Liber 768 of
    45  Deeds, Page 1109) on the south; thence, North 43°-33'-40" West, on  said
    46  division  line,  a  distance  of  77.32  feet to the Point of Beginning.
    47  Thence, North 43°-33'-40" West, continuing on  said  division  line  and
    48  through  said  lands  of  Ontario County, a distance of 520.45 feet to a
    49  point on the southeasterly edge of an  existing  concrete  pad;  thence,
    50  South  74°-19'-53"  West, along said edge of concrete and the projection
    51  thereof, a distance of 198.78 feet to a point on the  easterly  edge  of
    52  pavement  of  an  existing  campus  drive; thence, the following two (2)
    53  courses and distances along said edge of pavement:  Northeasterly  on  a
    54  curve  to  the  left having a radius of 2221.65 feet, a chord bearing of
    55  North 30°-16'-39" East, a chord distance of 280.79, a central  angle  of
    56  07°-14'-47",  a  length  of 280.98 feet to a point of reverse curvature;

        A. 9674--B                         10
 
     1  thence, Northeasterly on a curve to the right having a radius of  843.42
     2  feet,  a  chord  bearing  of North 45°-25'-09" East, a chord distance of
     3  534.08, a central angle of 36°-55'-01", a length of  543.43  feet  to  a
     4  point;  thence,  South 30°-04'-59" East, a distance of 18.28 feet to the
     5  corner of the property acquired by Ontario County (Liber 766  of  Deeds,
     6  Page  1112),  as  shown  on a map recorded in the Ontario County Clerk's
     7  Office as Map No. 6313; thence,  the  following  four  (4)  courses  and
     8  distances  along  said property line: South 30°-04'-59" East, a distance
     9  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
    10  147.53 feet to a point; thence, South 41°-31'-35" East,  a  distance  of
    11  200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
    12  erty  line,  and the projection thereof, through the first said lands of
    13  Ontario County - Finger Lakes Community College  (Liber  698  of  Deeds,
    14  Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel
    15  containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled
    16  "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts
    17  Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01,
    18  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
    19  erties  are  shown  on  the Map denominated "FLCC Campus Property, FLPAC
    20  Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the
    21  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
    22  at  page  9 and are comprised of the areas separately labeled as Parking
    23  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the
    24  Entry  Roads;  or  (ix)  any such premises or businesses located on that
    25  tract or parcel of land situate lying and being in the Town of  Oneonta,
    26  County  of  Otsego  and  State of New York and being a portion of Otsego
    27  County Tax Map Department Parcel  Number  287.00-1-33  and  bounded  and
    28  described  as follows: Beginning at a point 2.12 feet off the northeast-
    29  erly corner of a one story building on the lands, now  or  formerly,  of
    30  Abner Doubleday, LLC, aka Cooperstown All Star Village, LLC, as owned by
    31  Martin  and  Brenda Patton, which point lies N 87°55'13" W a distance of
    32  149.37' from  the  northeast  corner  of  the  Patton  lands;  thence  N
    33  74°30'18"  W a distance of 51.50 feet to a point; thence S 15°29'42" W a
    34  distance of 2.00 feet to a point; thence N 74°30'18"  W  a  distance  of
    35  14.00  feet to a point; thence S 15°29'42" W a distance of 19.20 feet to
    36  a point; thence S 74°30'18" E a distance  of  14.20  feet  to  a  point;
    37  thence  S  15°29'42"  W  a distance of 4.20 feet; thence S 74°30'18" E a
    38  distance of 51.30 feet to a point; thence N 15°29'42" E  a  distance  of
    39  25.40 feet to a point to the point and place of beginning.
    40  Containing  an  area  of  1576.06  square feet, or 0.036 acres with such
    41  bearings referencing Magnetic North 1995.
    42  This survey is subject to any rights of way or easements which may  have
    43  been  granted  to utility companies; or (x) ALL that certain plot, piece
    44  or parcel of land, situate, lying and being in the Town  of  Greenburgh,
    45  County of Westchester and State of New York, being bounded and described
    46  as follows:
    47    BEGINNING at a point on the easterly side of Saw Mill River Road where
    48  the same is intersected by the division line between premises hereinaft-
    49  er  described  and lands now or formerly of One Riverdale Ave.  Develop-
    50  ment Co., Inc., said point being North 11 Degrees  23'  24"  West  22.83
    51  feet from the former North East corner of Saw Mill River Road and Hunter
    52  Lane;
    53    THENCE  along said division line, North 82 Degrees 18' 00" East 647.08
    54  feet to land now or formerly of  One  Riverdale  Ave.  Development  Co.,
    55  Inc.;

        A. 9674--B                         11
 
     1    THENCE  northerly along same, North 7 Degrees 42' 00" West 351.52 feet
     2  and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of
     3  lands now or formerly of Hodes Daniels;
     4    THENCE  westerly along same, South 80 Degrees 34' 00" West 85.00 feet,
     5  South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35'  00"  West
     6  120.56  feet,  and South 81 Degrees 15' 00" West 485.74 feet to the east
     7  side of Saw Mill River Road;
     8    THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet
     9  and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING.
    10    The provisions of this paragraph  shall  not  apply  to  any  premises
    11  licensed under section sixty-four of this chapter in which a manufactur-
    12  er or wholesaler holds a direct or indirect interest, provided that: (I)
    13  said  premises  consist  of  an interactive entertainment facility which
    14  predominantly  offers  interactive  computer  and  video   entertainment
    15  attractions, and other games and also offers themed merchandise and food
    16  and  beverages, (II) the sale of alcoholic beverages within the premises
    17  shall be restricted to an area consisting of not more  than  twenty-five
    18  percent  of  the  total  interior  floor area of the premises, (III) the
    19  retail licenses shall derive not less than  sixty-five  percent  of  the
    20  total  revenue  generated  by the facility from interactive video enter-
    21  tainment activities and other games, including related  attractions  and
    22  sales  of  merchandise other than food and alcoholic beverages, (IV) the
    23  interested manufacturer or wholesaler, or its parent company,  shall  be
    24  listed  on  a  national  securities  exchange and its direct or indirect
    25  equity interest in the retail  licensee  shall  not  exceed  twenty-five
    26  percent,  (V)  no more than fifteen percent of said licensee's purchases
    27  of alcoholic beverages for  sale  in  the  premises  shall  be  products
    28  produced  or distributed by the manufacturer or wholesaler, (VI) neither
    29  the name of the manufacturer or wholesaler nor the name of any brand  of
    30  alcoholic  beverage  produced  or  distributed  by  said manufacturer or
    31  wholesaler shall be part of the name of the premises, (VII) the name  of
    32  the  manufacturer or wholesaler or the name of products sold or distrib-
    33  uted by such manufacturer or  wholesaler  shall  not  be  identified  on
    34  signage  affixed  to either the interior or the exterior of the premises
    35  in any fashion, (VIII) promotions involving alcoholic beverages produced
    36  or distributed by the manufacturer or wholesaler are not  held  in  such
    37  premises  and further, retail and consumer advertising specialties bear-
    38  ing the name of the manufacturer or wholesaler or the name of  alcoholic
    39  beverages  produced or distributed by the manufacturer or wholesaler are
    40  not utilized in any fashion, given away or sold in  said  premises,  and
    41  (IX)  except  to the extent provided in this paragraph, the licensing of
    42  each premises covered by this exception is subject to all provisions  of
    43  section  sixty-four of this chapter, including but not limited to liquor
    44  authority approval of the specific location thereof.  The provisions  of
    45  this  paragraph  shall not prohibit (1) a manufacturer or wholesaler, if
    46  an individual, or a partner, of a partnership, or, if a corporation,  an
    47  officer or director thereof, from being an officer or director of a duly
    48  licensed  charitable  organization  which is the holder of a license for
    49  on-premises consumption under this chapter, nor (2) a manufacturer  from
    50  acquiring any such premises if the liquor authority first consents ther-
    51  eto  after  determining,  upon  such proofs as it shall deem sufficient,
    52  that such premises is  contiguous  to  the  licensed  premises  of  such
    53  manufacturer,  and  is  reasonably  necessary  for  the expansion of the
    54  facilities of such manufacturer. After any such acquisition, it shall be
    55  illegal for a manufacturer acquiring any such premises to sell or deliv-

        A. 9674--B                         12
 
     1  er alcoholic beverages manufactured by him  to  any  licensee  occupying
     2  such premises.
     3    §  2. Section 64-c of the alcoholic beverage control law is amended by
     4  adding a new subdivision 19 to read as follows:
     5    19. Notwithstanding the provisions of subdivision six of this  section
     6  or  of  subdivision thirteen of section one hundred six of this chapter,
     7  the authority may issue a restaurant brewer's license pursuant  to  this
     8  section  for a premises which shall be located wholly within the city of
     9  Peekskill, county  of  Westchester,  state  of  New  York,  bounded  and
    10  described as follows:
    11    Any  such  premises  or business located on all that certain parcel of
    12  land situate in the City of Peekskill, County of Westchester  and  State
    13  of  New  York,  that  is  a  portion  of Parcel I as it is shown on that
    14  certain map entitled, "Survey . . at Charles Point . . " which was filed
    15  in the Westchester County Clerk's Office on October 23, 1980 as Map  No.
    16  20407 that is bounded and described as follows:
    17    BEGINNING at a point on the easterly shoreline of the Hudson River and
    18  within  the bounds of the said Parcel I as it is shown on the said Filed
    19  Map NO. 20407, which point occupies coordinate position:
    20    North 464418.83 (y)
    21    East 607401.00 (x)
    22    of the New York State Coordinate System, East Zone and which point  is
    23  distant,  the  following courses from the southerly corner of the Parcel
    24  shown on Map No. 20407 that occupies coordinate position
    25    North 463520.804 (y)
    26    East 608470.681 (x)
    27    of the aforesaid New York State Coordinate System, East Zone:
    28    North 47 degrees 30' 36" West 856.60 feet,
    29    North 77 degrees 10' 53" West 488.18 feet,
    30    North 41 degrees 17' 53" West 113.32 feet and
    31    North 41 degrees 50' 16" East 169.08 feet;
    32    THENCE from the said point of beginning along the said easterly shore-
    33  line (high water mark) of the east bank of the Hudson River:
    34    Due North 16.17 feet,
    35    North 53 degrees 58' 22" West 13.60 feet,
    36    North 73 degrees 04' 21" West 24.04 feet,
    37    North 63 degrees 26' 06" West 22.36 feet,
    38    North 82 degrees 18' 14" West 37.34 feet,
    39    North 64 degrees 47' 56" West 37.58 feet,
    40    South 82 degrees 52' 30" West 16.12 feet,
    41    North 61 degrees 41' 57" West 14.76 feet and
    42    South 21 degrees 48' 05" West 9.71 feet;
    43    THENCE leaving the high water mark and running across a  peninsula  of
    44  land and along the division line between Parcel I and Parcel II as shown
    45  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
    46  another  point  on  the said easterly shoreline (high water mark) of the
    47  East Bank of the Hudson River;
    48    THENCE northerly along the said high water mark, the following  cours-
    49  es:
    50    North 3 degrees 00' 46" West 17.54 feet,
    51    North 13 degrees 45' 39" West 50.45 feet,
    52    North 10 degrees 49' 23" West 69.23 feet,
    53    North  0 degrees 47' 22" West 52.48 feet to a point which is the point
    54  of beginning of the hereinafter described 40 foot easement  which  point
    55  occupies coordinate position
    56    North 464676.48 (y)

        A. 9674--B                         13
 
     1    East 607189.28 (x)
     2    of the New York State Coordinate System, East Zone;
     3    THENCE  continuing  along the aforesaid easterly shoreline (high water
     4  mark) of the East Bank of the Hudson, the following courses:
     5    North 10 degrees 18' 17" West 23.91 feet,
     6    North 39 degrees 04' 58" West 21.39 feet,
     7    North 20 degrees 13' 30" West 21.74 feet,
     8    North 39 degrees 02' 08" West 95.27 feet,
     9    North 13 degrees 08' 02" West 30.81 feet,
    10    North 18 degrees 26' 06" West 53.76 feet,
    11    North 28 degrees 10' 43" West 63.53 feet,
    12    North 18 degrees 26' 06" West 50.60 feet,
    13    North 37 degrees 14' 05" West 31.40 feet,
    14    North 21 degrees 15' 02" West 96.57 feet,
    15    North 32 degrees 00' 19" West 47.17 feet,
    16    North 1 degree 18' 07" West 44.01 feet and
    17    North 17 degrees 14' 29" East 29.32 feet to a point on  the  southerly
    18  line of lands under lease to the County of Westchester (Resco Site);
    19    THENCE  along  the said County of Westchester (Resco Site) lands:  Due
    20  East 432.31 feet to a point on the westerly line of an  easement  and  a
    21  right-of-way leading to Charles Point Avenue;
    22    THENCE  along  the  said  westerly  and southwesterly line of the said
    23  right-of-way leading to Charles Point Avenue:  Due South 241.16 feet and
    24  South 27 degrees 13' 00" East 406.90 feet to a point;
    25    THENCE leaving the said easement and running along other lands now  or
    26  formerly  of  The City of Peekskill Industrial Development Agency, South
    27  41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly
    28  shoreline (high water mark) of the East Bank of the Hudson River and the
    29  point or place of beginning.
    30    TOGETHER  with an easement over all that parcel of land situate in the
    31  City of Peekskill, County of Westchester and State of New York  that  is
    32  more particularly bounded and described as follows:
    33    BEGINNING at a point on the westerly line of Charles Point Avenue with
    34  the  said westerly line is intersected by the line dividing the easement
    35  herein described on the south from lands under lease to  the  County  of
    36  Westchester  (Resco  Site)  on the north which point occupies coordinate
    37  position:
    38    North 464719.99 (y)
    39    East 608004.15 (x)
    40    of the New York State Coordinate System, East Zone;
    41    THENCE from the said point  of  beginning  southerly  along  the  said
    42  westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West
    43  103.48 feet to a point;
    44    THENCE westerly along other lands of the City of Peekskill  Industrial
    45  Development  Agency:  Due West 396.44 feet to a point which is the east-
    46  erly most corner of the lands of Point Associates, the grantee herein;
    47    THENCE along the northeasterly line  of  the  said  Point  Associates'
    48  land,  North  27  degrees  13' 00" West 406.90 feet and Due North 241.16
    49  feet to a point on the southerly line of the aforementioned lands leased
    50  to the County of Westchester (Resco Site);
    51    THENCE easterly along the said southerly line Due East 75.00 feet to a
    52  point;
    53    THENCE southeasterly and easterly still along the said lands leased to
    54  the County of Westchester (Resco Site) the following courses:
    55    Due South 223.00 feet,
    56    South 27 degrees 13' 00" East 314.87 feet and

        A. 9674--B                         14
 
     1    Due East 390.14 feet to the aforementioned westerly  line  of  Charles
     2  Point Avenue and the point or place of BEGINNING.
     3    TOGETHER  WITH a non-exclusive easement for utilities, and ingress and
     4  egress over that certain right of way leading from Charles Point Avenue,
     5  now known as John E. Walsh Boulevard, in a  westerly  and  northwesterly
     6  direction to the above described premises and as more fully described in
     7  the Declaration of Easement recorded in Liber 8888 cp 35.
     8    §  3.  Subdivision 13 of section 106 of the alcoholic beverage control
     9  law, as separately amended by chapters 282 and 301 of the laws of  2014,
    10  is amended to read as follows:
    11    13.  No  retail  licensee  for on-premises consumption shall be inter-
    12  ested, directly or indirectly, in any premises where liquors,  wines  or
    13  beer  are  manufactured or sold at wholesale, by stock ownership, inter-
    14  locking directors, mortgage or lien on any personal or real property  or
    15  by  any  other means, except that liquors, wines or beer may be manufac-
    16  tured or sold wholesale by the person  licensed  as  a  manufacturer  or
    17  wholesaler  thereof  on  real  property  owned by an interstate railroad
    18  corporation or a  United  States  certificated  airline  with  a  retail
    19  license for on-premises consumption, or on premises or with respect to a
    20  business  constituting  an overnight lodging and resort facility located
    21  wholly within the boundaries of the town of North Elba, county of Essex,
    22  township eleven, Richard's survey, great lot numbers two hundred  seven-
    23  ty-eight, two hundred seventy-nine, two hundred eight, two hundred nine-
    24  ty-eight,  two  hundred  ninety-nine, three hundred, three hundred eigh-
    25  teen, three  hundred  nineteen,  three  hundred  twenty,  three  hundred
    26  thirty-five  and  three hundred thirty-six, and township twelve, Thorn's
    27  survey, great lot numbers one hundred six and one hundred  thirteen,  as
    28  shown  on the Adirondack map, compiled by the conservation department of
    29  the state of New York - nineteen  hundred  sixty-four  edition,  in  the
    30  Essex  county  atlas  at  page  twenty-seven in the Essex county clerk's
    31  office, Elizabethtown, New York, provided that such  facility  maintains
    32  not  less than two hundred fifty rooms and suites for overnight lodging,
    33  or on premises or with respect to the operation of a  restaurant  in  an
    34  office  building  located  in a city having a population of five hundred
    35  thousand or more and in which is located the licensed premises  of  such
    36  manufacturer  or wholesaler, provided that the building, the interior of
    37  the retail premise and the rental therefor fully comply with the  crite-
    38  ria  set  forth  in  paragraph  two  of subdivision three of section one
    39  hundred one of this article, any such premises or  business  located  on
    40  that tract or parcel of land, or any subdivision thereof, situate in the
    41  Village  of  Lake Placid, Town of North Elba, Essex County, New York; it
    42  being also a part of Lot No.  279, Township No. 11, Old Military  Tract,
    43  Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22
    44  as shown and designated on a certain map entitled "Map of Building Sites
    45  for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being
    46  PARCEL  No.  1  on  a certain map of lands of Robert J. Mahoney and wife
    47  made by G.C. Sylvester, P.E.  & L.S.  # 21300, dated August 4, 1964, and
    48  filed in the Essex County Clerk's Office on August 27,  1964,  and  more
    49  particularly  bounded  and described as follows; BEGINNING at the inter-
    50  section of the northerly bounds of Shore Drive (formerly Mirror  Street)
    51  with  the  westerly  bounds  of Park Place (formerly Rider Street) which
    52  point is also the northeast corner of Lot  No.  23,  from  thence  South
    53  21°50' East in the westerly bounds of Park Place a distance of 119 feet,
    54  more  or  less,  to  a lead plug in the edge of the sidewalk marking the
    55  southeast corner of Lot No. 23 and the northeast corner of Lot  No.  24;
    56  from  thence  South  68°00'50"  West a distance of 50.05 feet to an iron

        A. 9674--B                         15
 
     1  pipe set in concrete at the corner of Lots 23 and 22; from thence  South
     2  65°10'50"  West  a distance of 7.94 feet along the south line of Lot No.
     3  22 to an iron pipe for a corner; from thence North 23°21'40" West and at
     4  17.84 feet along said line passing over a drill hole in a concrete side-
     5  walk,  and  at  68.04  feet further along said line passing over an iron
     6  pipe at the southerly edge of another sidewalk, and at 1.22 feet further
     7  along said line passing over another drill hole in a sidewalk,  a  total
     8  distance of 119 feet, more or less, to the northerly line of Lot No. 22;
     9  from  thence  easterly  in  the  northerly  line of Lot 22 and 23 to the
    10  northeast corner of Lot No. 23 and the point of beginning. Also  includ-
    11  ing the lands to the center of Shore Drive included between the norther-
    12  ly  straight  line continuation of the side lines of the above described
    13  parcel, and to the center of Park  Place,  where  they  abut  the  above
    14  described premises SUBJECT to the use thereof for street purposes. Being
    15  the  same  premises  conveyed  by Morestuff, Inc. to Madeline Sellers by
    16  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    17  July 10, 1992 in Book 1017 of Deeds at Page 318, or any such premises or
    18  business located on that certain piece or parcel of land, or any  subdi-
    19  vision  thereof,  situate,  lying  and being in the Town of Plattsburgh,
    20  County of Clinton, State of New York and being more particularly bounded
    21  and described as follows: Starting at an iron pipe found in the easterly
    22  bounds of the highway known as the Old Military Turnpike, said iron pipe
    23  being located 910.39 feet southeasterly, as measured along the  easterly
    24  bounds  of  said highway, from the southerly bounds of the roadway known
    25  as Industrial Parkway West, THENCE running S 31° 54'  33"  E  along  the
    26  easterly  bounds of said Old Military Turnpike Extension, 239.88 feet to
    27  a point marking the beginning of a curve concave  to  the  west;  thence
    28  southerly  along said curve, having a radius of 987.99 feet, 248.12 feet
    29  to an iron pipe found marking the point  of  beginning  for  the  parcel
    30  herein  being  described, said point also marked the southerly corner of
    31  lands of Larry Garrow, et al, as described in Book 938 of Deeds at  page
    32  224;  thence  N  07°  45' 4" E along the easterly bounds of said Garrow,
    33  748.16 feet to a  3"x4"  concrete  monument  marking  the  northeasterly
    34  corner  of  said  Garrow,  the northwesterly corner of the parcel herein
    35  being described and said monument also marking the southerly  bounds  of
    36  lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page
    37  186;  thence  S 81° 45' 28" E along a portion of the southerly bounds of
    38  said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the
    39  northeasterly corner of the parcel herein being described and also mark-
    40  ing the northwest corner of the remaining lands now or formerly owned by
    41  said Marx and Delaura; thence S 07° 45' 40" W along the Westerly  bounds
    42  of lands now of formerly of said Marx and DeLaura and along the easterly
    43  bounds of the parcel herein being described, 560.49 feet to an iron pin;
    44  thence  N  83°  43' 21" W along a portion of the remaining lands of said
    45  Marx and DeLaura, 41.51 feet to an iron pin; thence S  08°  31'  30"  W,
    46  along  a  portion of the remaining lands of said Marx and Delaura, 75.01
    47  feet to an iron pin marking  northeasterly  corner  of  lands  currently
    48  owned  by  the Joint Council for Economic Opportunity of Plattsburgh and
    49  Clinton County, Inc. as described in Book 963  of  Deeds  at  Page  313;
    50  thence  N  82° 20' 32" W along a portion of the northerly bounds of said
    51  J.C.E.O., 173.50 feet to an iron pin; thence 61° 21' 12"  W,  continuing
    52  along a portion of the northerly bounds of said J.C.E.O., 134.14 feet to
    53  an  iron  pin;  thence S 07° 45' 42" W along the westerly bounds of said
    54  J.C.E.O., 50 feet to an iron pin; thence S 66° 48' 56" W along a portion
    55  of the northerly bounds of remaining lands of  said  Marx  and  DeLaura,
    56  100.00  feet  to an iron pipe found on the easterly bounds of the afore-

        A. 9674--B                         16
 
     1  said highway, said from pipe also being located on a  curve  concave  to
     2  the west; thence running and running northerly along the easterly bounds
     3  of  the  aforesaid  highway  and  being along said curve, with the curve
     4  having a radius of 987.93 feet, 60.00 feet to the point of beginning and
     5  containing  6.905  acres of land. Being the same premises as conveyed to
     6  Ronald Marx and Alice Marx by deed of CIT Small Business Lending  Corp.,
     7  as  agent  of  the administrator, U.S. Small Business Administration, an
     8  agency of the United States Government  dated  September  10,  2001  and
     9  recorded in the office of the Clinton County Clerk on September 21, 2001
    10  as  Instrument  #135020,  or  any such premises or businesses located on
    11  that certain plot, piece or parcel of land, situate, lying and being  in
    12  the  Second  Ward  of  the City of Schenectady, on the Northerly side of
    13  Union Street, bounded and described as follows: to wit; Beginning at the
    14  Southeasterly corner of the lands lately owned by Elisha L. Freeman  and
    15  now  by Albert Shear; and running from thence Easterly along the line of
    16  Union Street, 44 feet to the lands now owned by or in the possession  of
    17  James  G.  Van Vorst; thence Northerly in a straight line along the last
    18  mentioned lands and the lands of the late John Lake,  102  feet  to  the
    19  lands  of  one  Miss Rodgers; thence Westerly along the line of the last
    20  mentioned lands of said Rodgers to the lands  of  the  said  Shear;  and
    21  thence  Southerly  along  the  lands of said Shear 101 feet, 6 inches to
    22  Union Street, the place of beginning.
    23    Also all that tract or parcel of land,  with  the  buildings  thereon,
    24  situate  in the City of Schenectady, County of Schenectady, and State of
    25  New York, situate in the First, formerly the Second  Ward  of  the  said
    26  City,  on  the  Northerly  side  of  Union Street, which was conveyed by
    27  William Meeker and wife to Elisha L. Freeman by deed  dated  the  second
    28  day  of December 1843, and recorded in the Clerk's Office of Schenectady
    29  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
    30  said deed is bounded and described as follows: Beginning at a  point  in
    31  the  Northerly line of Union Street where it is intersected by the East-
    32  erly line of  property  numbered  235  Union  Street,  which  is  hereby
    33  conveyed,  and  running thence Northerly along the Easterly line of said
    34  property, One Hundred Forty and Five-tenths  (140.5)  feet  to  a  point
    35  sixteen  (16)  feet  Southerly from the Southerly line of the new garage
    36  built upon land adjoining on the North; thence  Westerly  parallel  with
    37  said  garage,  Forty-six  and Seven-tenths (46.7) feet; thence Southerly
    38  One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
    39  of Union Street; thence Easterly along the  Northerly  margin  of  Union
    40  Street,  about  Forty-eight and three-tenths (48.3) feet to the point or
    41  place of beginning.
    42    The two above parcels are  together  more  particularly  described  as
    43  follows:
    44    All  that  parcel  of  land  in the City of Schenectady beginning at a
    45  point in the northerly margin  of  Union  Street  at  the  southwesterly
    46  corner  of lands now or formerly of Friedman (Deed Book 636 at page 423)
    47  which point is about 60 feet westerly of  the  westerly  line  of  North
    48  College  Street  and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
    49  southeasterly corner of other lands now or formerly  of  Friedman  (Deed
    50  Book  798  at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
    51  southwesterly corner of lands now or  formerly  of  Stockade  Associates
    52  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
    53  lands  now  or formerly at McCarthy (Deed Book 1129 at page 281); thence
    54  along McCarthy S. 00 deg. 52' 02" E.  3.69  feet  to  the  northwesterly
    55  corner  of lands now or formerly of SONYMA (Deed Book 1502 at page 621);
    56  thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence

        A. 9674--B                         17
 
     1  still along lands of SONYMA and lands now or  formerly  of  Magee  (Deed
     2  Book  399  at  page  165)  S. 86 deg. 11' 52" E. 42.57 feet to a corner;
     3  thence still along lands of Magee and  Lands  of  Friedman  first  above
     4  mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
     5    Excepting  and  reserving  all  that portion of the above parcel lying
     6  easterly of a line described as follows:
     7    All that tract or parcel of land, situated in the City of  Schenectady
     8  and  County  of Schenectady and State of New York, on the Northerly side
     9  of Union Street bounded and described as follows:
    10    Beginning at a point in the northerly line of Union Street, said point
    11  being in the division line between lands now  or  formerly  of  Electric
    12  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    13  formerly  of  Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
    14  under Will of Ruth F. Wexler (Street number 241  Union  Street)  on  the
    15  East;  thence  North  03  deg. 04' 10" East, along the building known as
    16  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    17  North 88 deg. 45' 45" West, along said  building  and  building  eve,  a
    18  distance  of  5.62  feet  to a point; thence North 03 deg. 03' 30" East,
    19  along said building eve of Street No. 241 Union Street,  a  distance  of
    20  32.74  feet; thence South 88 deg. 45' 45" East, along said building eve,
    21  a distance of 1.2 feet to an intersection of building corner  of  Street
    22  No.  241  Union  Street  and  a brick wall; thence north 03 deg. 37' 30"
    23  East, along said brick wall, a distance of 14.47 feet to a point in  the
    24  corner  of  the brick wall, thence South 86 deg. 46' 45" East along said
    25  brick wall a distance of 4.42 feet to the  intersection  of  brick  wall
    26  with  the boundary line between the Electric Brew Pubs, Inc. (aforesaid)
    27  on the West and lands of Margaret Wexler and Donna Lee Wexler  Pavlovic,
    28  (aforesaid)  on the East; thence North 03 deg 10' 08" East a distance of
    29  0.62 feet to the Northeast corner of lands belonging to Margaret  Wexler
    30  and Donna Lee Wexler Pavlovic.
    31    Also  all  that  tract  or  parcel of land commonly known as the Union
    32  Street School, located on the Northeasterly corner of  Union  and  North
    33  College  Streets in the First Ward of the City and County of Schenectady
    34  and State of New  York,  more  particularly  bounded  and  described  as
    35  follows:    Beginning  at  a point in the Northerly street line of Union
    36  Street where it is intersected by the  Easterly  street  line  of  North
    37  College Street, and runs thence Northerly along the Easterly street line
    38  of  North College Street, one hundred seven and five-tenths (107.5) feet
    39  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    40  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    41  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    42  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    43  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
    44  Northerly street line of Union Street; thence Westerly along the  North-
    45  erly street line of Union Street, one hundred twenty-four and fifty-five
    46  hundredths (124.55) feet to the point or place of beginning.
    47    The  above  described parcel of property includes the Blue Line parcel
    48  of land, which is a portion of the abandoned Erie Canal  Lands,  located
    49  in  the  First Ward of the City of Schenectady, New York, and which Blue
    50  Line parcel lies between the Northwesterly line of Erie Boulevard as set
    51  forth in the above described premises and the Northeasterly lot line  of
    52  the  old  Union Street School as it runs parallel with the Northwesterly
    53  line of Erie Boulevard as aforesaid.
    54    The two above parcels are  together  more  particularly  described  as
    55  follows: All that parcel of land in the City of Schenectady beginning at
    56  a  point  in  the northerly margin of Union Street and the northwesterly

        A. 9674--B                         18
 
     1  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
     2  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
     3  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
     4  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
     5  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
     6  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
     7  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
     8  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
     9  ning, any such premises or businesses located on that tract or parcel of
    10  land situate in the Town of Hopewell, Ontario County, State of New York,
    11  bounded and described as follows: Commencing at a 5/8"  rebar  found  on
    12  the  division  line  between  lands  now or formerly of Ontario County -
    13  Finger Lakes Community College (Liber 698 of Deeds,  Page  466)  on  the
    14  north  and  lands now or formerly of James W. Baird (Liber 768 of Deeds,
    15  Page 1109) on the south; thence, North 43°-33'-40" West, on  said  divi-
    16  sion  line, a distance of 77.32 feet to the Point of Beginning.  Thence,
    17  North 43°-33'-40" West, continuing on said  division  line  and  through
    18  said  lands  of  Ontario County, a distance of 520.45 feet to a point on
    19  the southeasterly edge  of  an  existing  concrete  pad;  thence,  South
    20  74°-19'-53"  West, along said edge of concrete and the projection there-
    21  of, a distance of 198.78 feet to a point on the easterly edge  of  pave-
    22  ment  of an existing campus drive; thence, the following two (2) courses
    23  and distances along said edge of pavement: Northeasterly on a  curve  to
    24  the  left  having  a  radius  of  2221.65 feet, a chord bearing of North
    25  30°-16'-39" East, a  chord  distance  of  280.79,  a  central  angle  of
    26  07°-14'-47",  a  length  of 280.98 feet to a point of reverse curvature;
    27  thence, Northeasterly on a curve to the right having a radius of  843.42
    28  feet,  a  chord  bearing  of North 45°-25'-09" East, a chord distance of
    29  534.08, a central angle of 36°-55'-01", a length of  543.43  feet  to  a
    30  point;  thence,  South 30°-04'-59" East, a distance of 18.28 feet to the
    31  corner of the property acquired by Ontario County (Liber 766  of  Deeds,
    32  Page  1112),  as  shown  on a map recorded in the Ontario County Clerk's
    33  Office as Map No. 6313; thence,  the  following  four  (4)  courses  and
    34  distances  along  said property line: South 30°-04'-59" East, a distance
    35  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
    36  147.53 feet to a point; thence, South 41°-31'-35" East,  a  distance  of
    37  200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
    38  erty  line,  and the projection thereof, through the first said lands of
    39  Ontario County - Finger Lakes Community College  (Liber  698  of  Deeds,
    40  Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel
    41  containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled
    42  "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts
    43  Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01,
    44  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
    45  erties  are  shown  on  the Map denominated "FLCC Campus Property, FLPAC
    46  Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the
    47  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
    48  at  page  9 and are comprised of the areas separately labeled as Parking
    49  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the
    50  Entry Roads; any such premises or businesses located on all that certain
    51  piece or parcel of land situate in the City of Syracuse, County of Onon-
    52  daga,  State  of  New  York,  lying  generally Northwesterly of the West
    53  Hiawatha Boulevard, and generally Northeasterly of the  New  York  State
    54  Barge  Canal,  being  a  portion  of Lot 11I and Lot 11J of the Carousel
    55  Center Subdivision as shown on a  resubdivision  plan  of  the  Carousel
    56  Center  Subdivision filed as Map No. 8743 in the Onondaga County Clerk's

        A. 9674--B                         19
 
     1  Office, and as of May 20, 2014 identified  as  space  L323  in  a  lease
     2  between the liquor license applicant and property owner and on the third
     3  level  of  the  shopping center thereon, such shopping center land being
     4  more particularly bounded and described as follows:
     5    BEGINNING  at  the  point  of  the  intersection  of the division line
     6  between the Northeasterly boundary of the New York  State  Barge  Canal,
     7  Syracuse  Terminal designated as "Parcel No. T-111" on the Southwest and
     8  Lot 11I of the Carousel Center Subdivision on  the  Northeast  with  the
     9  Northwesterly  boundary of West Hiawatha Boulevard; thence North 50 deg.
    10  26 min. 28 sec. West, along said division line, 690.72 feet; to a point;
    11  thence through Lot 11I and 11J of said subdivision the  following  thir-
    12  ty-five (35) courses and distances:
    13    1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;
    14    2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;
    15    3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;
    16    4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;
    17    5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;
    18    6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;
    19    7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;
    20    8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;
    21    9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;
    22    10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;
    23    11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;
    24    12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;
    25    13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;
    26    14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;
    27    15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;
    28    16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;
    29    17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;
    30    18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;
    31    19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;
    32    20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;
    33    21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;
    34    22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;
    35    23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;
    36    24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;
    37    25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;
    38    26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;
    39    27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;
    40    28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;
    41    29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;
    42    30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;
    43    31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;
    44    32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;
    45    33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;
    46    34)  Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point;
    47  and
    48    35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to  a  point
    49  on  the  westerly right of way line of Interstate Route 81, Thence along
    50  the westerly and southwesterly right of way line of Interstate Route 81,
    51  in a generally southeasterly direction, the following seven (7)  courses
    52  and distances:
    53    1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;
    54    2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;
    55    3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;
    56    4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;

        A. 9674--B                         20
 
     1    5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;
     2    6)  Thence  South  42 deg. 27 min. 42 sec. East 58.65 feet to a point;
     3  and
     4    7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its  inter-
     5  section  with  lands appropriated by the People of the State of New York
     6  described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686  and
     7  Book 5274 of Deeds at Page 836; Thence along the bounds of said Map 1401
     8  Parcel 1831 the following fifteen (15) courses and distances:
     9    1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence
    10    2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence
    11    3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence
    12    4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence
    13    5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence
    14    6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence
    15    7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence
    16    8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence
    17    9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence
    18    10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence
    19    11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence
    20    12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence
    21    13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence
    22    14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and
    23    15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with
    24  the  northerly  bounds  of  Map  1402 Parcel 1836 of said appropriation;
    25  Thence along the bounds of Map 1402 Parcel 1836  as  described  in  Book
    26  5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the follow-
    27  ing three (3) courses and distances:
    28    1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence
    29    2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and
    30    3)  North  07 deg. 40 min. 37 sec. East 70.35 feet to its intersection
    31  with the bounds of the  hereinabove  described  Map  1401  Parcel  1831;
    32  Thence  along  the bounds of said Map 1401 Parcel 1831 the following ten
    33  (10) courses and distances:
    34    1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence
    35    2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence
    36    3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence
    37    4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence
    38    5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence
    39    6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence
    40    7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence
    41    8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence
    42    9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and
    43    10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its  intersection
    44  with  the  division  line between Lot 11J on the Northwest and the lands
    45  now or formerly of Woodstead Enterprises Co. as described in  Book  3530
    46  of  Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown
    47  and Oswego Railroad Company via Letters Patent,  Book  292,  Page  264);
    48  thence  South  28 deg. 12 min. 27 sec. West along said division line and
    49  along the Northwesterly boundary of West  Hiawatha  Boulevard  in  part,
    50  36.93  feet  to its point of intersection with Northeasterly boundary of
    51  West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along
    52  said Northeasterly boundary 158.30 feet to  its  point  of  intersection
    53  with  the Northwesterly boundary of said West Hiawatha Boulevard; thence
    54  West along said Northwesterly boundary the following three (3)  courses:
    55  1)  South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence 2)
    56  South 30 deg. 30 min. 42 sec. West 62.49 feet to a point; and  3)  South

        A. 9674--B                         21
 
     1  23  deg.  40  min. 55 sec. West 220.04 feet to its point of intersection
     2  with Southwesterly boundary of West Hiawatha Boulevard; thence South  49
     3  deg.  30  min. 46 sec. East along said Southwesterly boundary, 0.30 feet
     4  to  its  point  of  intersection  with  the  first hereinabove described
     5  Northwesterly boundary of West Hiawatha Boulevard; thence South 40  deg.
     6  26  min.  20 sec. West, along said Northwesterly boundary, 98.08 feet to
     7  its point of intersection with the division line between Lot 11J on  the
     8  Northeast  and  Lot 11H of the Carousel Center Subdivision on the South-
     9  west; thence North 50 deg. 25 min. 12 sec.  West,  along  said  division
    10  line,  147.85  feet  to the Northwest corner of Lot 11H; thence South 40
    11  deg. 26 min. 20 sec. West 217.47 feet to the  Southwest  corner  of  lot
    12  11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a point on
    13  the  first hereinabove described Northwesterly boundary of West Hiawatha
    14  Boulevard; thence along said Northwesterly  boundary  of  West  Hiawatha
    15  Boulevard  the  following  two  (2) courses: 1) South 40 deg. 26 min. 20
    16  sec. West 17.66 feet to a point; and 2) South 43 deg. 01  min.  50  sec.
    17  West 468.25 feet to the point of beginning.
    18    Excepting  the  following  piece or parcel of land appropriated by the
    19  People of the State of New York described as Map  1401  Parcel  1832  in
    20  Book  5256  of  Deeds  at  Page  686 and Book 5274 of Deeds at Page 836:
    21  Commencing at the southwest corner of herein above  described  Map  1402
    22  Parcel  1836  said  point having a proceeding course of South 07 deg. 40
    23  min. 17 sec. West 70.35  feet  in  the  premises  describe  hereinabove;
    24  thence  North  13 deg. 18 min. 48 sec. West 138.17 feet to the southeast
    25  corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401
    26  Parcel 1832 the following four (4) courses and distances:
    27    1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence
    28    2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence
    29    3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and
    30    4) South 07 deg. 53 min. 54 sec. West 353.36  feet  to  the  point  of
    31  beginning;  or  such  premises  or  businesses  located on that tract or
    32  parcel of land situate lying and being in the Town of Oneonta, County of
    33  Otsego and State of New York and being a portion of  Otsego  County  Tax
    34  Map  Department  Parcel  Number 287.00-1-33 and bounded and described as
    35  follows: Beginning at a point 2.12 feet off the northeasterly corner  of
    36  a  one story building on the lands, now or formerly, of Abner Doubleday,
    37  LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Bren-
    38  da Patton, which point lies N 87°55'13" W a distance of 149.37' from the
    39  northeast corner of the Patton lands; thence N 74°30'18" W a distance of
    40  51.50 feet to a point; thence S 15°29'42" W a distance of 2.00 feet to a
    41  point; thence N 74°30'18" W a distance of 14.00 feet to a point;  thence
    42  S  15°29'42" W a distance of 19.20 feet to a point; thence S 74°30'18" E
    43  a distance of 14.20 feet to a point; thence S 15°29'42" W a distance  of
    44  4.20  feet;  thence  S  74°30'18" E a distance of 51.30 feet to a point;
    45  thence N 15°29'42" E a distance of 25.40 feet to a point  to  the  point
    46  and  place  of  beginning  or  on premises or with respect to a business
    47  constituting the overnight lodging facility located  wholly  within  the
    48  boundaries  of  that  tract or parcel of land situated in the borough of
    49  Manhattan, city and county of New York, beginning  at  a  point  on  the
    50  northerly  side  of west fifty-fourth street at a point one hundred feet
    51  easterly from the intersection  of  the  said  northerly  side  of  west
    52  fifty-fourth  street  and  the  easterly side of seventh avenue; running
    53  thence northerly and parallel with the easterly side of  seventh  avenue
    54  one  hundred  feet  five inches to the center line of the block; running
    55  thence easterly and parallel with the  northerly  side  of  west  fifty-
    56  fourth  street  and  along  the center line of the block fifty feet to a

        A. 9674--B                         22
 
     1  point; running thence northerly and parallel with the easterly  side  of
     2  seventh  avenue  one  hundred  feet five inches to the southerly side of
     3  west fifty-fifth street at a point distant one hundred fifty feet  east-
     4  erly  from  the  intersection  of the said southerly side of west fifty-
     5  fifth street and the easterly side of  seventh  avenue;  running  thence
     6  easterly  along the southerly side of west fifty-fifth street thirty-one
     7  feet three inches to a point; running thence southerly and parallel with
     8  the easterly side of the seventh avenue one hundred feet five inches  to
     9  the  center  line of the block; running thence easterly along the center
    10  line of the block and parallel with the southerly side  of  west  fifty-
    11  fifth  street,  one  hundred feet; running thence northerly and parallel
    12  with the easterly side of seventh avenue one hundred feet five inches to
    13  the southerly side of west fifty-fifth street; running  thence  easterly
    14  along  the southerly side of west fifty-fifth street twenty-one feet ten
    15  and one-half inches to a point; running thence  southerly  and  parallel
    16  with the easterly side of seventh avenue one hundred feet five inches to
    17  the  center  line of the block; running thence westerly along the center
    18  line of the block and parallel with the northerly side  of  west  fifty-
    19  fourth  street three feet one and one-half inches; running thence south-
    20  erly and parallel with the easterly side of seventh avenue  one  hundred
    21  feet  five inches to the northerly side of west fifty-fourth street at a
    22  point distant three hundred feet easterly from the intersection  of  the
    23  said northerly side of west fifty-fourth street and the easterly side of
    24  seventh  avenue; running thence westerly and along the northerly side of
    25  west fifty-fourth street two hundred feet  to  the  point  or  place  of
    26  beginning,  provided  that  such  facility  maintains not less than four
    27  hundred guest rooms and suites for overnight lodging or with respect  to
    28  any  premises  or  business  located  on all that certain parcel of land
    29  situate in the City of Peekskill, County of Westchester and State of New
    30  York, that is a portion of Parcel I as it is shown on that  certain  map
    31  entitled,  "Survey  .. at Charles Point .." which was filed in the West-
    32  chester County Clerk's Office on October 23, 1980 as Map No.  20407 that
    33  is bounded and described as follows:
    34    BEGINNING at a point on the easterly shoreline of the Hudson River and
    35  within the bounds of the said Parcel I as it is shown on the said  Filed
    36  Map No. 20407, which point occupies coordinate position:
    37    North 464418.83 (y)
    38    East 607401.00 (x)
    39    of  the New York State Coordinate System, East Zone and which point is
    40  distant, the following courses from the southerly corner of  the  Parcel
    41  shown on Map No. 20407 that occupies  coordinate position
    42    North 463520.804 (y)
    43    East 608470.681 (x)
    44    of the aforesaid New York State Coordinate System, East Zone:
    45    North 47 degrees 30' 36" West 856.60 feet,
    46    North 77 degrees 10' 53" West 488.18 feet,
    47    North 41 degrees 17' 53" West 113.32 feet and
    48    North 41 degrees 50' 16" East 169.08 feet;
    49    THENCE from the said point of beginning along the said easterly shore-
    50  line (high water mark) of the east bank of the Hudson River:
    51    Due North 16.17 feet,
    52    North 53 degrees 58' 22" West 13.60 feet,
    53    North 73 degrees 04' 21" West 24.04 feet,
    54    North 63 degrees 26' 06" West 22.36 feet,
    55    North 82 degrees 18' 14" West 37.34 feet,
    56    North 64 degrees 47' 56" West 37.58 feet,

        A. 9674--B                         23
 
     1    South 82 degrees 52' 30" West 16.12 feet,
     2    North 61 degrees 41' 57" West 14.76 feet and
     3    South 21 degrees 48' 05" West 9.71 feet;
     4    THENCE  leaving  the high water mark and running across a peninsula of
     5  land and along the division line between Parcel I and Parcel II as shown
     6  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
     7  another point on the said easterly shoreline (high water  mark)  of  the
     8  East Bank of the Hudson River;
     9    THENCE  northerly along the said high water mark, the following cours-
    10  es:
    11    North 3 degrees 00' 46" West 17.54 feet,
    12    North 13 degrees 45' 39" West 50.45 feet,
    13    North 10 degrees 49' 23" West 69.23 feet,
    14    North 0 degrees 47' 22" West 52.48 feet to a point which is the  point
    15  of  beginning  of the hereinafter described 40 foot easement which point
    16  occupies coordinate position
    17    North 464676.48 (y)
    18    East 607189.28 (x)
    19    of the New York State Coordinate System, East Zone;
    20    THENCE continuing along the aforesaid easterly shoreline  (high  water
    21  mark) of the East Bank of the Hudson, the following courses:
    22    North 10 degrees 18' 17" West 23.91 feet,
    23    North 39 degrees 04' 58" West 21.39 feet,
    24    North 20 degrees 13' 30" West 21.74 feet,
    25    North 39 degrees 02' 08" West 95.27 feet,
    26    North 13 degrees 08' 02" West 30.81 feet,
    27    North 18 degrees 26' 06" West 53.76 feet,
    28    North 28 degrees 10' 43" West 63.53 feet,
    29    North 18 degrees 26' 06" West 50.60 feet,
    30    North 37 degrees 14' 05" West 31.40 feet,
    31    North 21 degrees 15' 02" West 96.57 feet,
    32    North 32 degrees 00' 19" West 47.17 feet,
    33    North 1 degree 18' 07" West 44.01 feet and
    34    North  17  degrees 14' 29" East 29.32 feet to a point on the southerly
    35  line of lands under lease to the County of Westchester (Resco Site);
    36    THENCE along the said County of Westchester (Resco  Site)  lands:  Due
    37  East  432.31  feet  to a point on the westerly line of an easement and a
    38  right-of-way leading to Charles Point Avenue;
    39    THENCE along the said westerly and  southwesterly  line  of  the  said
    40  right-of-way leading to  Charles Point Avenue: Due South 241.16 feet and
    41  South 27 degrees 13' 00" East 406.90 feet to a point;
    42    THENCE  leaving the said easement and running along other lands now or
    43  formerly of The City of Peekskill Industrial Development  Agency,  South
    44  41  degrees  50'  16"  West  270.01  feet to the aforementioned easterly
    45  shoreline (high water mark) of the East Bank of the Hudson River and the
    46  point or place of beginning.
    47    TOGETHER with an easement over all that parcel of land situate in  the
    48  City  of Peekskill,  County of Westchester and State of New York that is
    49  more particularly bounded and described as follows:
    50    BEGINNING at a point on the westerly line of Charles Point Avenue with
    51  the said westerly line is intersected by the line dividing the  easement
    52  herein  described  on the south from lands  under lease to the County of
    53  Westchester (Resco Site) on the north which point occupies    coordinate
    54  position:
    55    North 464719.99 (y)
    56    East 608004.15 (x)

        A. 9674--B                         24
 
     1    of the New York State Coordinate System, East Zone;
     2    THENCE  from  the  said  point  of  beginning southerly along the said
     3  westerly line of Charles Point Avenue, South 14  degrees  54'  00"  West
     4  103.48 feet to a point;
     5    THENCE  westerly along other lands of the City of Peekskill Industrial
     6  Development Agency:  Due West 396.44 feet to a point which is the  east-
     7  erly most corner of the lands of Point Associates, the grantee herein;
     8    THENCE  along  the  northeasterly  line  of the said Point Associates'
     9  land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16
    10  feet  to  a  point  on  the southerly line of the   aforementioned lands
    11  leased to the County of Westchester (Resco Site);
    12    THENCE easterly along the said southerly line Due East 75.00 feet to a
    13  point;
    14    THENCE southeasterly and easterly still along the said lands leased to
    15  the County of Westchester (Resco Site) the following courses:
    16    Due South 223.00 feet,
    17    South 27 degrees 13' 00" East 314.87 feet and
    18    Due East 390.14 feet to the aforementioned westerly  line  of  Charles
    19  Point Avenue and the point or place of BEGINNING.
    20    TOGETHER  WITH a non-exclusive easement for utilities, and ingress and
    21  egress over that   certain right  of  way  leading  from  Charles  Point
    22  Avenue,  now  known  as  John  E.  Walsh  Boulevard,  in  a westerly and
    23  northwesterly direction to the above described premises  and  as    more
    24  fully described in the Declaration of Easement recorded in Liber 8888 cp
    25  35.    Any  lien,  mortgage or other interest or estate now held by said
    26  retail licensee on or in the personal or real property of such  manufac-
    27  turer  or  wholesaler,  which  mortgage,  lien,  interest  or estate was
    28  acquired on or before December thirty-first,  nineteen  hundred  thirty-
    29  two,  shall  not  be included within the provisions of this subdivision;
    30  provided, however, the burden of establishing the time of the accrual of
    31  the interest, comprehended by this subdivision shall be upon the  person
    32  who claims to be entitled to the protection and exemption afforded here-
    33  by.
    34    § 4.  This act shall take effect immediately.
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