A07660 Summary:

BILL NOA07660
 
SAME ASNo Same As
 
SPONSORByrne
 
COSPNSR
 
MLTSPNSR
 
Amd §§64-c, 101 & 106, ABC L
 
Authorizes a certain restaurant brewer in the town of Southeast, county of Putnam, to also hold a beer wholesalers license.
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A07660 Actions:

BILL NOA07660
 
05/08/2017referred to economic development
01/03/2018referred to economic development
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A07660 Committee Votes:

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A07660 Floor Votes:

There are no votes for this bill in this legislative session.
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A07660 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7660
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2017
                                       ___________
 
        Introduced  by M. of A. BYRNE -- read once and referred to the Committee
          on Economic Development
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  a  certain premises, licensed as a restaurant brewery, to
          also be licensed as a beer wholesaler

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  64-c  of  the  alcoholic beverage control law is
     2  amended by adding a new subdivision 20 to read as follows:
     3    20. Notwithstanding the provisions of subdivision six of this  section
     4  or  of  subdivision thirteen of section one hundred six of this chapter,
     5  the authority may issue a restaurant brewer's license pursuant  to  this
     6  section  for a premises which shall be located wholly within the town of
     7  Southeast, in the county of Putnam, bounded and described as follows:
     8    ALL that certain plot, piece or parcel of land, situate in the Town of
     9  Southeast, County of Putnam and State of New York.
    10    BEGINNING at a point on the northerly side of Argonne Road  (a/k/a  as
    11  Old  Route  #6)  where  the  same is intersected the southwest corner of
    12  lands N/F Putnam County Italian-American Social  Club,  Inc.  and  which
    13  point is the most easterly point of the parcel hereto described:
    14    THENCE  from  said  point of beginning along the dividing line between
    15  the southerly side of lands N/F Partners Management, LLC. And the north-
    16  erly side of Argonne Road, also known as Old Route #6, North 81  degrees
    17  20  minutes 10seconds West 89.89 feet and South 85 degrees 03 minutes 00
    18  seconds West 106.50 feet to the southeast corner of lands N/F Kane;
    19    THENCE along the southerly line of the parcel herein and the  proposed
    20  northerly side of Argonne Road, (a/k/a as Old Route #6) South 88 degrees
    21  43  minutes  17 seconds East 195.02 to the point and place of BEGINNING;
    22  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09783-01-7

        A. 7660                             2
 
     1    ALL that certain plot, piece or parcel of  land,  situate,  lying  and
     2  being  in the town of Southeast, County of Putnam and State of New York,
     3  bounded and described as follows:
     4    BEGINNING  at  a point on the northerly line of Old Highway from Brew-
     5  ster to US Route #6 leading to Danbury at the southwest corner  of  land
     6  N/F Putnam County Italian-American Social Club, Inc.;
     7    THENCE  along said Old Highway, North 81 degrees 20 minutes 10 seconds
     8  West 89.89 feet and South 85 degrees 03 minutes 00 seconds  West  106.50
     9  feet to a point;
    10    THENCE  North  06  degrees  49 minutes 20 seconds West 83.25 feet to a
    11  point on the southerly side of NY State Highway #5203 also known  as  NY
    12  Route #22 & US Route #6;
    13    THENCE  along  said  State  Highway,  North  67  degrees 06 minutes 10
    14  seconds East 35.06 feet to a point and North 76 degrees  43  minutes  20
    15  seconds  East 240.80 feet to a point and land N/F Putnam County Italian-
    16  American Social Club, Inc.
    17    THENCE along said land, South 21 degrees 37 minutes  10  seconds  West
    18  167.77  feet  to the North side of Old Highway aforesaid at the point or
    19  place of BEGINNING.
    20    § 2. Subparagraph (x) of paragraph (a) of subdivision 1 of section 101
    21  of the alcoholic beverage control law, as added by chapter  303  of  the
    22  laws of 2016, is amended to read as follows:
    23    (x)  Notwithstanding  any  other provision of law to the contrary, the
    24  state liquor authority may issue a license under section fifty-one-a  of
    25  this  chapter  to  the  owner and/or operator of the parcel described in
    26  this subparagraph. The legal description for the parcel so identified as
    27  the site is as follows:
    28    ALL THAT TRACT OR PARCEL OF LAND situate  in  the  city  of  Syracuse,
    29  County  of  Onondaga  and  State  of  New  York  being more particularly
    30  described as follows:
    31    Beginning at a point in the easterly line  of  North  Clinton  Street,
    32  said  point being approximately 518.65 feet southerly along the easterly
    33  line of North Clinton Street from its intersection  with  the  southerly
    34  line  of  Division Street; thence N. 76° 43' 56" E. a distance of 133.65
    35  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    36  point; thence N. 71° 07' 02" E a distance of 16.99 feet to  a  point  in
    37  the  westerly  line  of  Genant  Drive;  thence  southeasterly along the
    38  westerly line of Genant Drive on a curve to the right with a  radius  of
    39  643.94  feet,  an arc length of 77.63 feet and a chord of S. 16° 43' 54"
    40  E. with a distance of 77.58' to the point of tangency; thence S. 13° 17'
    41  52" E.  a distance of 265.92 feet to a point; thence on a curve  to  the
    42  right  with a radius of 55 feet, an arc length of 57.02 feet and a chord
    43  of S.  16° 23' 37" W. with a distance of 54.53  feet  to  the  point  of
    44  tangency;  thence S. 59° 31' 29" W. a distance of 24.64 feet to a point;
    45  thence S.  71° 26' 56" W. a distance of 142.18 feet to a  point  in  the
    46  easterly  line of N. Clinton Street; thence N. 28° 09' 10" W. a distance
    47  of 364.86 feet to the point and place of beginning.  Said  parcel  being
    48  approximately  1.99  acres. The aforesaid described parcel is also shown
    49  as Lot "1B" (331 Genant Drive) according to a map  entitled  "A  Map  of
    50  Resubdivision  of  a portion of Block D in the Original Village of Syra-
    51  cuse into Lots 1A and 1B, City of Syracuse, Onondaga  County,  State  of
    52  New  York,  Known  as  431 and 311 Genant Drive" by James M. Zuccolotto,
    53  Licensed Land Surveyor, dated March 20, 2001 and last  revised  May  21,
    54  2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as
    55  Map No. 9408.

        A. 7660                             3
 
     1    EXCEPTING  AND RESERVING THEREFROM, a permanent easement and right-of-
     2  way benefiting Niagara Mohawk  Power  Corporation,  its  successors  and
     3  assigns,  upon  and  across that portion of the above described premises
     4  more particularly described as follows:
     5    Beginning  at  a  point  in the easterly line of North Clinton Street,
     6  said point being approximately 518.65 feet southerly along the  easterly
     7  line  of  North  Clinton Street from its intersection with the southerly
     8  line of Division Street; thence N. 76° 43' 56" E. a distance  of  133.65
     9  feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a
    10  point;  thence  N.  71° 07' 02" E a distance of 16.99 feet to a point in
    11  the westerly line  of  Genant  Drive;  thence  southeasterly  along  the
    12  westerly  line  of Genant Drive on a curve to the right with a radius of
    13  643.94 feet, an arc length of 68.17 feet to a point which is the  north-
    14  east  corner  of the Multi-Story Brick Building located on Lot "1B" (311
    15  Genant Drive) as shown on a map entitled "A Map of a Resubdivision of  a
    16  portion  Of Block D in the Original Village of Syracuse into Lots 1A and
    17  1B, City of Syracuse, Onondaga County, State of New York, known  as  431
    18  and  311  Genant  Drive" by James M. Zuccolotto, Licensed Land Surveyor,
    19  dated March 20, 2001 and last revised May 21, 2002,  and  filed  in  the
    20  Onondaga  County  Clerk's  Office  on  May 28, 2002 as Map No. 9408 (the
    21  "Subdivision Map"); thence along the northerly line of said  Multi-Story
    22  Brick  Building S. 76° 52' 55" W. a distance 283.21 feet to the easterly
    23  line of North Clinton Street; thence N. 27° 59' 42"  W.  a  distance  of
    24  9.8' to the point and place of beginning. Said easement and right-of-way
    25  shall  be  a  permanent  easement appurtenant, creating a property right
    26  which shall run with the land, for the purpose of ingress and egress  by
    27  Niagara  Mohawk  Power  Corporation,  its  successors and assigns to the
    28  benefited parcel, identified as the Ash Street Substation located on lot
    29  1A (431 Genant Drive) as shown on the Subdivision Map,  and  to  access,
    30  maintain, repair, replace and remove the transformer and containment pad
    31  and  the  two  vaults, shown on the Subdivision Map, and any appurtenant
    32  facilities or other property of Niagara Mohawk Power Corporation located
    33  within said easement, provided  that  the  Multi-Story  Brick  Building,
    34  stairs  and  two air conditioning units shown on the Subdivision Map and
    35  located in the easement area are part  of  the  real  property  conveyed
    36  herein  and  shall  not be deemed to be property of Niagara Mohawk Power
    37  Corporation.
    38    ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation,  its
    39  successors  and  assigns, from the parcel(s) described in this deed, the
    40  permanent right-of-way and easement to operate, maintain, replace and/or
    41  remove any and all existing gas and electric facilities, and all  appur-
    42  tenant  facilities  thereto,  as are now erected upon the premises above
    43  described, including the full right, privileges and authority  to  cross
    44  lands of the party of the second part to gain access to said facilities,
    45  and  also  including the full right, privileges and authority to cut and
    46  remove all trees, structures, and other obstructions within  the  perma-
    47  nent  right-of-way,  together with the right to cut and remove any trees
    48  outside the permanent right-of-way which in the sole opinion of  Niagara
    49  Mohawk  Power Corporation, its successors and assigns, are deemed likely
    50  to interfere with or pose a hazard to the facilities, provided that  the
    51  Multi-Story  Brick Building, stairs and two air conditioning units shown
    52  on the Subdivision Map shall not  be  removed  or  modified  by  Niagara
    53  Mohawk  Power  Corporation, its successors and assigns, pursuant to this
    54  Right-of-Way and Easement.
    55    ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its
    56  successors and assigns, the permanent right-of-way and easement to oper-

        A. 7660                             4
 
     1  ate, maintain, build, construct, replace and/or remove electric and  gas
     2  distribution  facilities  within  ten  (10)  feet  of  the  edge  of any
     3  highway(s) abutting the premises herein deemed necessary by said Niagara
     4  Mohawk  Power  Corporation, its successors and assigns, said easement to
     5  include the full right, privilege and authority to cut  and  remove  all
     6  trees,  structures,  and obstructions within said easement deemed neces-
     7  sary by Niagara Mohawk Power Corporation, provided that the  Multi-Story
     8  Brick  Building  shown  on  the  Subdivision Map shall not be removed or
     9  modified  by  Niagara  Mohawk  Power  Corporation,  its  successors  and
    10  assigns, pursuant to this right-of-way and easement[.]; or
    11    § 3. Subparagraph (x) of paragraph (a) of subdivision 1 of section 101
    12  of  the  alcoholic  beverage control law, as added by chapter 318 of the
    13  laws of 2016, is amended  and a new subparagraph (xii) is added to  read
    14  as follows:
    15    [(x)]  (xi)  ALL  that certain plot, piece or parcel of land, situate,
    16  lying and being in the Town of Greenburgh,  County  of  Westchester  and
    17  State of New York, being bounded and described as follows:
    18    BEGINNING at a point on the easterly side of Saw Mill River Road where
    19  the same is intersected by the division line between premises hereinaft-
    20  er  described  and lands now or formerly of One Riverdale Ave.  Develop-
    21  ment Co., Inc., said point being North 11 Degrees  23'  24"  West  22.83
    22  feet from the former North East corner of Saw Mill River Road and Hunter
    23  Lane;
    24    THENCE  along said division line, North 82 Degrees 18' 00" East 647.08
    25  feet to land now or formerly of  One  Riverdale  Ave.  Development  Co.,
    26  Inc.;
    27    THENCE  northerly along same, North 7 Degrees 42' 00" West 351.52 feet
    28  and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of
    29  lands now or formerly of Hodes Daniels;
    30    THENCE westerly along same, South 80 Degrees 34' 00" West 85.00  feet,
    31  South  9  Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West
    32  120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to  the  east
    33  side of Saw Mill River Road;
    34    THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet
    35  and  South  11  Degrees  23' 24" East 431.17 feet to the point of BEGIN-
    36  NING[.]; or
    37    (xii) Notwithstanding any other provision of law to the contrary,  the
    38  state  liquor authority may issue a license under section fifty-three of
    39  this chapter to the owner and/or operator of  the  parcel  described  in
    40  this subparagraph. The legal description for the parcel so identified as
    41  the site is as follows:
    42    ALL that certain plot, piece or parcel of land, situate in the Town of
    43  Southeast, County of Putnam and State of New York.
    44    BEGINNING  at  a point on the northerly side of Argonne Road (a/k/a as
    45  Old Route #6) where the same is  intersected  the  southwest  corner  of
    46  lands  N/F  Putnam  County  Italian-American Social Club, Inc. and which
    47  point is the most easterly point of the parcel hereto described:
    48    THENCE from said point of beginning along the  dividing  line  between
    49  the southerly side of lands N/F Partners Management, LLC. And the north-
    50  erly  side of Argonne Road, also known as Old Route #6, North 81 degrees
    51  20 minutes 10 seconds West 89.89 feet and South 85 degrees 03 minutes 00
    52  seconds West 106.50 feet to the southeast corner of lands N/F Kane;
    53    THENCE along the southerly line of the parcel herein and the  proposed
    54  northerly side of Argonne Road, (a/k/a as Old Route #6) South 88 degrees
    55  43  minutes  17 seconds East 195.02 to the point and place of BEGINNING;
    56  and

        A. 7660                             5
 
     1    All that certain plot, piece or parcel of  land,  situate,  lying  and
     2  being  in the town of Southeast, County of Putnam and State of New York,
     3  bounded and described as follows:
     4    BEGINNING  at  a point on the northerly line of Old Highway from Brew-
     5  ster to US Route #6 leading to Danbury at the southwest corner  of  land
     6  N/F Putnam County Italian-American Social Club, Inc.;
     7    THENCE  along said Old Highway, North 81 degrees 20 minutes 10 seconds
     8  West 89.89 feet and South 85 degrees 03 minutes 00 seconds  West  106.50
     9  feet to a point;
    10    THENCE  North  06  degrees  49 minutes 20 seconds West 83.25 feet to a
    11  point on the southerly side of NY State Highway #5203 also known  as  NY
    12  Route #22 & US Route #6;
    13    THENCE  along  said  State  Highway,  North  67  degrees 06 minutes 10
    14  seconds East 35.06 feet to a point and North 76 degrees  43  minutes  20
    15  seconds  East 240.80 feet to a point and land N/F Putnam County Italian-
    16  American Social Club, Inc.
    17    THENCE along said land, South 21 degrees 37 minutes  10  seconds  West
    18  167.77  feet  to the North side of Old Highway aforesaid at the point or
    19  place of BEGINNING.
    20    § 4. Subdivision 13 of section 106 of the alcoholic  beverage  control
    21  law,  as separately amended by chapters 303 and 318 of the laws of 2016,
    22  is amended to read as follows:
    23    13. No retail licensee for on-premises  consumption  shall  be  inter-
    24  ested,  directly  or indirectly, in any premises where liquors, wines or
    25  beer are manufactured or sold at wholesale, by stock  ownership,  inter-
    26  locking  directors, mortgage or lien on any personal or real property or
    27  by any other means, except that liquors, wines or beer may  be  manufac-
    28  tured  or  sold  wholesale  by  the person licensed as a manufacturer or
    29  wholesaler thereof on real property  owned  by  an  interstate  railroad
    30  corporation  or  a  United  States  certificated  airline  with a retail
    31  license for on-premises consumption, or on premises or with respect to a
    32  business constituting an overnight lodging and resort  facility  located
    33  wholly within the boundaries of the town of North Elba, county of Essex,
    34  township  eleven, Richard's survey, great lot numbers two hundred seven-
    35  ty-eight, two hundred seventy-nine, two hundred eight, two hundred nine-
    36  ty-eight, two hundred ninety-nine, three hundred,  three  hundred  eigh-
    37  teen,  three  hundred  nineteen,  three  hundred  twenty,  three hundred
    38  thirty-five and three hundred thirty-six, and township  twelve,  Thorn's
    39  survey,  great  lot numbers one hundred six and one hundred thirteen, as
    40  shown on the Adirondack map, compiled by the conservation department  of
    41  the  state  of  New  York  - nineteen hundred sixty-four edition, in the
    42  Essex county atlas at page twenty-seven  in  the  Essex  county  clerk's
    43  office,  Elizabethtown,  New York, provided that such facility maintains
    44  not less than two hundred fifty rooms and suites for overnight  lodging,
    45  or  on  premises  or with respect to the operation of a restaurant in an
    46  office building located in a city having a population  of  five  hundred
    47  thousand  or  more and in which is located the licensed premises of such
    48  manufacturer or wholesaler, provided that the building, the interior  of
    49  the  retail premise and the rental therefor fully comply with the crite-
    50  ria set forth in paragraph two  of  subdivision  three  of  section  one
    51  hundred  one  of  this article, any such premises or business located on
    52  that tract or parcel of land, or any subdivision thereof, situate in the
    53  Village of Lake Placid, Town of North Elba, Essex County, New  York;  it
    54  being  also a part of Lot No.  279, Township No. 11, Old Military Tract,
    55  Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22
    56  as shown and designated on a certain map entitled "Map of Building Sites

        A. 7660                             6
 
     1  for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being
     2  PARCEL No. 1 on a certain map of lands of Robert  J.  Mahoney  and  wife
     3  made  by G.C. Sylvester, P.E.  & L.S. # 21300, dated August 4, 1964, and
     4  filed  in  the  Essex County Clerk's Office on August 27, 1964, and more
     5  particularly bounded and described as follows; BEGINNING at  the  inter-
     6  section  of the northerly bounds of Shore Drive (formerly Mirror Street)
     7  with the westerly bounds of Park Place  (formerly  Rider  Street)  which
     8  point  is  also  the  northeast  corner of Lot No. 23, from thence South
     9  21°50' East in the westerly bounds of Park Place a distance of 119 feet,
    10  more or less, to a lead plug in the edge of  the  sidewalk  marking  the
    11  southeast  corner  of Lot No. 23 and the northeast corner of Lot No. 24;
    12  from thence South 68°00'50" West a distance of 50.05  feet  to  an  iron
    13  pipe  set in concrete at the corner of Lots 23 and 22; from thence South
    14  65°10'50" West a distance of 7.94 feet along the south line of  Lot  No.
    15  22 to an iron pipe for a corner; from thence North 23°21'40" West and at
    16  17.84 feet along said line passing over a drill hole in a concrete side-
    17  walk,  and  at  68.04  feet further along said line passing over an iron
    18  pipe at the southerly edge of another sidewalk, and at 1.22 feet further
    19  along said line passing over another drill hole in a sidewalk,  a  total
    20  distance of 119 feet, more or less, to the northerly line of Lot No. 22;
    21  from  thence  easterly  in  the  northerly  line of Lot 22 and 23 to the
    22  northeast corner of Lot No. 23 and the point of beginning. Also  includ-
    23  ing the lands to the center of Shore Drive included between the norther-
    24  ly  straight  line continuation of the side lines of the above described
    25  parcel, and to the center of Park  Place,  where  they  abut  the  above
    26  described premises SUBJECT to the use thereof for street purposes. Being
    27  the  same  premises  conveyed  by Morestuff, Inc. to Madeline Sellers by
    28  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    29  July 10, 1992 in Book 1017 of Deeds at Page 318, or any such premises or
    30  business located on that certain piece or parcel of land, or any  subdi-
    31  vision  thereof,  situate,  lying  and being in the Town of Plattsburgh,
    32  County of Clinton, State of New York and being more particularly bounded
    33  and described as follows: Starting at an iron pipe found in the easterly
    34  bounds of the highway known as the Old Military Turnpike, said iron pipe
    35  being located 910.39 feet southeasterly, as measured along the  easterly
    36  bounds  of  said highway, from the southerly bounds of the roadway known
    37  as Industrial Parkway West, THENCE running S 31° 54'  33"  E  along  the
    38  easterly  bounds of said Old Military Turnpike Extension, 239.88 feet to
    39  a point marking the beginning of a curve concave  to  the  west;  thence
    40  southerly  along said curve, having a radius of 987.99 feet, 248.12 feet
    41  to an iron pipe found marking the point  of  beginning  for  the  parcel
    42  herein  being  described, said point also marked the southerly corner of
    43  lands of Larry Garrow, et al, as described in Book 938 of Deeds at  page
    44  224;  thence  N  07°  45' 4" E along the easterly bounds of said Garrow,
    45  748.16 feet to a  3"x4"  concrete  monument  marking  the  northeasterly
    46  corner  of  said  Garrow,  the northwesterly corner of the parcel herein
    47  being described and said monument also marking the southerly  bounds  of
    48  lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page
    49  186;  thence  S 81° 45' 28" E along a portion of the southerly bounds of
    50  said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the
    51  northeasterly corner of the parcel herein being described and also mark-
    52  ing the northwest corner of the remaining lands now or formerly owned by
    53  said Marx and Delaura; thence S 07° 45' 40" W along the Westerly  bounds
    54  of lands now of formerly of said Marx and DeLaura and along the easterly
    55  bounds of the parcel herein being described, 560.49 feet to an iron pin;
    56  thence  N  83°  43' 21" W along a portion of the remaining lands of said

        A. 7660                             7
 
     1  Marx and DeLaura, 41.51 feet to an iron pin; thence S  08°  31'  30"  W,
     2  along  a  portion of the remaining lands of said Marx and Delaura, 75.01
     3  feet to an iron pin marking  northeasterly  corner  of  lands  currently
     4  owned  by  the Joint Council for Economic Opportunity of Plattsburgh and
     5  Clinton County, Inc. as described in Book 963  of  Deeds  at  Page  313;
     6  thence  N  82° 20' 32" W along a portion of the northerly bounds of said
     7  J.C.E.O., 173.50 feet to an iron pin; thence 61° 21' 12"  W,  continuing
     8  along a portion of the northerly bounds of said J.C.E.O., 134.14 feet to
     9  an  iron  pin;  thence S 07° 45' 42" W along the westerly bounds of said
    10  J.C.E.O., 50 feet to an iron pin; thence S 66° 48' 56" W along a portion
    11  of the northerly bounds of remaining lands of  said  Marx  and  DeLaura,
    12  100.00  feet  to an iron pipe found on the easterly bounds of the afore-
    13  said highway, said from pipe also being located on a  curve  concave  to
    14  the west; thence running and running northerly along the easterly bounds
    15  of  the  aforesaid  highway  and  being along said curve, with the curve
    16  having a radius of 987.93 feet, 60.00 feet to the point of beginning and
    17  containing 6.905 acres of land. Being the same premises as  conveyed  to
    18  Ronald  Marx and Alice Marx by deed of CIT Small Business Lending Corp.,
    19  as agent of the administrator, U.S. Small  Business  Administration,  an
    20  agency  of  the  United  States  Government dated September 10, 2001 and
    21  recorded in the office of the Clinton County Clerk on September 21, 2001
    22  as Instrument #135020, or any such premises  or  businesses  located  on
    23  that  certain plot, piece or parcel of land, situate, lying and being in
    24  the Second Ward of the City of Schenectady, on  the  Northerly  side  of
    25  Union Street, bounded and described as follows: to wit; Beginning at the
    26  Southeasterly  corner of the lands lately owned by Elisha L. Freeman and
    27  now by Albert Shear; and running from thence Easterly along the line  of
    28  Union  Street, 44 feet to the lands now owned by or in the possession of
    29  James G. Van Vorst; thence Northerly in a straight line along  the  last
    30  mentioned  lands  and  the  lands of the late John Lake, 102 feet to the
    31  lands of one Miss Rodgers; thence Westerly along the line  of  the  last
    32  mentioned  lands  of  said  Rodgers  to the lands of the said Shear; and
    33  thence Southerly along the lands of said Shear 101  feet,  6  inches  to
    34  Union Street, the place of beginning.
    35    Also  all  that  tract  or parcel of land, with the buildings thereon,
    36  situate in the City of Schenectady, County of Schenectady, and State  of
    37  New  York,  situate  in  the First, formerly the Second Ward of the said
    38  City, on the Northerly side of  Union  Street,  which  was  conveyed  by
    39  William  Meeker  and  wife to Elisha L. Freeman by deed dated the second
    40  day of December 1843, and recorded in the Clerk's Office of  Schenectady
    41  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
    42  said  deed  is bounded and described as follows: Beginning at a point in
    43  the Northerly line of Union Street where it is intersected by the  East-
    44  erly  line  of  property  numbered  235  Union  Street,  which is hereby
    45  conveyed, and running thence Northerly along the Easterly line  of  said
    46  property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
    47  sixteen (16) feet Southerly from the Southerly line of  the  new  garage
    48  built  upon  land  adjoining on the North; thence Westerly parallel with
    49  said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
    50  One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
    51  of  Union  Street;  thence  Easterly along the Northerly margin of Union
    52  Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
    53  place of beginning.
    54    The  two  above  parcels  are  together more particularly described as
    55  follows:

        A. 7660                             8
 
     1    All that parcel of land in the City  of  Schenectady  beginning  at  a
     2  point  in  the  northerly  margin  of  Union Street at the southwesterly
     3  corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
     4  which  point  is  about  60  feet westerly of the westerly line of North
     5  College  Street  and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
     6  southeasterly corner of other lands now or formerly  of  Friedman  (Deed
     7  Book  798  at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
     8  southwesterly corner of lands now or  formerly  of  Stockade  Associates
     9  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
    10  lands  now  or formerly at McCarthy (Deed Book 1129 at page 281); thence
    11  along McCarthy S. 00 deg. 52' 02" E.  3.69  feet  to  the  northwesterly
    12  corner  of lands now or formerly of SONYMA (Deed Book 1502 at page 621);
    13  thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence
    14  still along lands of SONYMA and lands now or  formerly  of  Magee  (Deed
    15  Book  399  at  page  165)  S. 86 deg. 11' 52" E. 42.57 feet to a corner;
    16  thence still along lands of Magee and  Lands  of  Friedman  first  above
    17  mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
    18    Excepting  and  reserving  all  that portion of the above parcel lying
    19  easterly of a line described as follows:
    20    All that tract or parcel of land, situated in the City of  Schenectady
    21  and  County  of Schenectady and State of New York, on the Northerly side
    22  of Union Street bounded and described as follows:
    23    Beginning at a point in the northerly line of Union Street, said point
    24  being in the division line between lands now  or  formerly  of  Electric
    25  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    26  formerly  of  Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
    27  under Will of Ruth F. Wexler (Street number 241  Union  Street)  on  the
    28  East;  thence  North  03  deg. 04' 10" East, along the building known as
    29  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    30  North 88 deg. 45' 45" West, along said  building  and  building  eve,  a
    31  distance  of  5.62  feet  to a point; thence North 03 deg. 03' 30" East,
    32  along said building eve of Street No. 241 Union Street,  a  distance  of
    33  32.74  feet; thence South 88 deg. 45' 45" East, along said building eve,
    34  a distance of 1.2 feet to an intersection of building corner  of  Street
    35  No.  241  Union  Street  and  a brick wall; thence north 03 deg. 37' 30"
    36  East, along said brick wall, a distance of 14.47 feet to a point in  the
    37  corner  of  the brick wall, thence South 86 deg. 46' 45" East along said
    38  brick wall a distance of 4.42 feet to the  intersection  of  brick  wall
    39  with  the boundary line between the Electric Brew Pubs, Inc. (aforesaid)
    40  on the West and lands of Margaret Wexler and Donna Lee Wexler  Pavlovic,
    41  (aforesaid)  on the East; thence North 03 deg 10' 08" East a distance of
    42  0.62 feet to the Northeast corner of lands belonging to Margaret  Wexler
    43  and Donna Lee Wexler Pavlovic.
    44    Also  all  that  tract  or  parcel of land commonly known as the Union
    45  Street School, located on the Northeasterly corner of  Union  and  North
    46  College  Streets in the First Ward of the City and County of Schenectady
    47  and State of New  York,  more  particularly  bounded  and  described  as
    48  follows:    Beginning  at  a point in the Northerly street line of Union
    49  Street where it is intersected by the  Easterly  street  line  of  North
    50  College Street, and runs thence Northerly along the Easterly street line
    51  of  North College Street, one hundred seven and five-tenths (107.5) feet
    52  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    53  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    54  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    55  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    56  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the

        A. 7660                             9
 
     1  Northerly street line of Union Street; thence Westerly along the  North-
     2  erly street line of Union Street, one hundred twenty-four and fifty-five
     3  hundredths (124.55) feet to the point or place of beginning.
     4    The  above  described parcel of property includes the Blue Line parcel
     5  of land, which is a portion of the abandoned Erie Canal  Lands,  located
     6  in  the  First Ward of the City of Schenectady, New York, and which Blue
     7  Line parcel lies between the Northwesterly line of Erie Boulevard as set
     8  forth in the above described premises and the Northeasterly lot line  of
     9  the  old  Union Street School as it runs parallel with the Northwesterly
    10  line of Erie Boulevard as aforesaid.
    11    The two above parcels are  together  more  particularly  described  as
    12  follows: All that parcel of land in the City of Schenectady beginning at
    13  a  point  in  the northerly margin of Union Street and the northwesterly
    14  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
    15  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
    16  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
    17  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    18  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
    19  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
    20  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
    21  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
    22  ning, any such premises or businesses located on that tract or parcel of
    23  land situate in the Town of Hopewell, Ontario County, State of New York,
    24  bounded and described as follows: Commencing at a 5/8"  rebar  found  on
    25  the  division  line  between  lands  now or formerly of Ontario County -
    26  Finger Lakes Community College (Liber 698 of Deeds,  Page  466)  on  the
    27  north  and  lands now or formerly of James W. Baird (Liber 768 of Deeds,
    28  Page 1109) on the south; thence, North 43°-33'-40" West, on  said  divi-
    29  sion  line, a distance of 77.32 feet to the Point of Beginning.  Thence,
    30  North 43°-33'-40" West, continuing on said  division  line  and  through
    31  said  lands  of  Ontario County, a distance of 520.45 feet to a point on
    32  the southeasterly edge  of  an  existing  concrete  pad;  thence,  South
    33  74°-19'-53"  West, along said edge of concrete and the projection there-
    34  of, a distance of 198.78 feet to a point on the easterly edge  of  pave-
    35  ment  of an existing campus drive; thence, the following two (2) courses
    36  and distances along said edge of pavement: Northeasterly on a  curve  to
    37  the  left  having  a  radius  of  2221.65 feet, a chord bearing of North
    38  30°-16'-39" East, a  chord  distance  of  280.79,  a  central  angle  of
    39  07°-14'-47",  a  length  of 280.98 feet to a point of reverse curvature;
    40  thence, Northeasterly on a curve to the right having a radius of  843.42
    41  feet,  a  chord  bearing  of North 45°-25'-09" East, a chord distance of
    42  534.08, a central angle of 36°-55'-01", a length of  543.43  feet  to  a
    43  point;  thence,  South 30°-04'-59" East, a distance of 18.28 feet to the
    44  corner of the property acquired by Ontario County (Liber 766  of  Deeds,
    45  Page  1112),  as  shown  on a map recorded in the Ontario County Clerk's
    46  Office as Map No. 6313; thence,  the  following  four  (4)  courses  and
    47  distances  along  said property line: South 30°-04'-59" East, a distance
    48  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
    49  147.53 feet to a point; thence, South 41°-31'-35" East,  a  distance  of
    50  200.93 feet to a point; thence, South 23°-48'-53" West, along said prop-
    51  erty  line,  and the projection thereof, through the first said lands of
    52  Ontario County - Finger Lakes Community College  (Liber  698  of  Deeds,
    53  Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel
    54  containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled
    55  "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts
    56  Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01,

        A. 7660                            10
 
     1  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
     2  erties  are  shown  on  the Map denominated "FLCC Campus Property, FLPAC
     3  Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the
     4  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
     5  at  page  9 and are comprised of the areas separately labeled as Parking
     6  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the
     7  Entry Roads; any such premises or businesses located on all that certain
     8  piece or parcel of land situate in the City of Syracuse, County of Onon-
     9  daga,  State  of  New  York,  lying  generally Northwesterly of the West
    10  Hiawatha Boulevard, and generally Northeasterly of the  New  York  State
    11  Barge  Canal,  being  a  portion  of Lot 11I and Lot 11J of the Carousel
    12  Center Subdivision as shown on a  resubdivision  plan  of  the  Carousel
    13  Center  Subdivision filed as Map No. 8743 in the Onondaga County Clerk's
    14  Office, and as of May 20, 2014 identified  as  space  L323  in  a  lease
    15  between the liquor license applicant and property owner and on the third
    16  level  of  the  shopping center thereon, such shopping center land being
    17  more particularly bounded and described as follows:
    18    BEGINNING at the point  of  the  intersection  of  the  division  line
    19  between  the  Northeasterly  boundary of the New York State Barge Canal,
    20  Syracuse Terminal designated as "Parcel No. T-111" on the Southwest  and
    21  Lot  11I  of  the  Carousel Center Subdivision on the Northeast with the
    22  Northwesterly boundary of West Hiawatha Boulevard; thence North 50  deg.
    23  26 min. 28 sec. West, along said division line, 690.72 feet; to a point;
    24  thence  through  Lot 11I and 11J of said subdivision the following thir-
    25  ty-five (35) courses and distances:
    26    1) Thence North 40 deg. 22 min. 15 sec. East 191.79 feet to a point;
    27    2) Thence South 82 deg. 04 min. 58 sec. East 294.58 feet to a point;
    28    3) Thence North 07 deg. 52 min. 16 sec. East 314.89 feet to a point;
    29    4) Thence South 82 deg. 07 min. 45 sec. East 53.96 feet to a point;
    30    5) Thence North 07 deg. 52 min. 16 sec. East 70.18 feet to a point;
    31    6) Thence South 82 deg. 07 min. 44 sec. East 40.81 feet to a point;
    32    7) Thence North 07 deg. 52 min. 16 sec. East 35.49 feet to a point;
    33    8) Thence South 82 deg. 07 min. 50 sec. East 1.52 feet to a point;
    34    9) Thence North 07 deg. 52 min. 16 sec. East 45.53 feet to a point;
    35    10) Thence South 82 deg. 07 min. 44 sec. East 92.67 feet to a point;
    36    11) Thence North 07 deg. 52 min. 16 sec. East 194.00 feet to a point;
    37    12) Thence North 82 deg. 07 min. 44 sec. West 121.00 feet to a point;
    38    13) Thence North 07 deg. 52 min. 14 sec. East 408.67 feet to a point;
    39    14) Thence South 82 deg. 07 min. 44 sec. East 168.50 feet to a point;
    40    15) Thence North 07 deg. 52 min. 16 sec. East 34.33 feet to a point;
    41    16) Thence South 82 deg. 07 min. 44 sec. East 15.33 feet to a point;
    42    17) Thence North 07 deg. 52 min. 16 sec. East 341.67 feet to a point;
    43    18) Thence North 82 deg. 07 min. 44 sec. West 199.44 feet to a point;
    44    19) Thence North 07 deg. 52 min. 31 sec. East 0.97 feet to a point;
    45    20) Thence North 52 deg. 50 min. 09 sec. East 11.22 feet to a point;
    46    21) Thence North 07 deg. 52 min. 16 sec. East 20.77 feet to a point;
    47    22) Thence North 37 deg. 05 min. 57 sec. West 30.86 feet to a point;
    48    23) Thence North 82 deg. 07 min. 44 sec. West 21.02 feet to a point;
    49    24) Thence South 52 deg. 13 min. 00 sec. West 5.85 feet to a point;
    50    25) Thence North 82 deg. 07 min. 44 sec. West 7.41 feet to a point;
    51    26) Thence North 07 deg. 52 min. 16 sec. East 108.15 feet to a point;
    52    27) Thence South 82 deg. 07 min. 44 sec. East 0.75 feet to a point;
    53    28) Thence North 07 deg. 52 min. 16 sec. East 22.46 feet to a point;
    54    29) Thence North 82 deg. 07 min. 44 sec. West 0.75 feet to a point;
    55    30) Thence North 07 deg. 52 min. 16 sec. East 43.48 feet to a point;
    56    31) Thence North 52 deg. 52 min. 15 sec. East 7.78 feet to a point;

        A. 7660                            11
 
     1    32) Thence North 07 deg. 52 min. 16 sec. East 47.79 feet to a point;
     2    33) Thence North 37 deg. 07 min. 44 sec. West 7.78 feet to a point;
     3    34)  Thence North 07 deg. 52 min. 16 sec. East 198.11 feet to a point;
     4  and
     5    35) Thence South 82 deg. 07 min. 44 sec. East 207.07 feet to  a  point
     6  on  the  westerly right of way line of Interstate Route 81, Thence along
     7  the westerly and southwesterly right of way line of Interstate Route 81,
     8  in a generally southeasterly direction, the following seven (7)  courses
     9  and distances:
    10    1) Thence South 18 deg. 26 min. 44 sec. East 44.24 feet to a point;
    11    2) Thence South 31 deg. 26 min. 40 sec. East 70.85 feet to a point;
    12    3) Thence South 37 deg. 56 min. 38 sec. East 377.51 feet to a point;
    13    4) Thence South 33 deg. 48 min. 10 sec. East 129.69 feet to a point;
    14    5) Thence South 32 deg. 22 min. 13 sec. East 213.26 feet to a point;
    15    6)  Thence  South  42 deg. 27 min. 42 sec. East 58.65 feet to a point;
    16  and
    17    7) Thence South 40 deg. 20 min. 45 sec. East 77.11 feet to its  inter-
    18  section  with  lands appropriated by the People of the State of New York
    19  described as Map 1401 Parcel 1831 in Book 5256 of Deeds at Page 686  and
    20  Book 5274 of Deeds at Page 836; Thence along the bounds of said Map 1401
    21  Parcel 1831 the following fifteen (15) courses and distances:
    22    1) South 07 deg. 30 min. 19 sec. East 39.16 feet to a point; thence
    23    2) South 03 deg. 25 min. 41 sec. West 30.00 feet to a point; thence
    24    3) South 12 deg. 49 min. 21 sec. West 30.00 feet to a point; thence
    25    4) South 22 deg. 11 min. 30 sec. West 30.00 feet to a point; thence
    26    5) South 31 deg. 35 min. 08 sec. West 30.00 feet to a point; thence
    27    6) South 40 deg. 57 min. 25 sec. West 30.01 feet to a point; thence
    28    7) South 48 deg. 44 min. 51 sec. West 20.00 feet to a point; thence
    29    8) South 55 deg. 01 min. 19 sec. West 19.99 feet to a point; thence
    30    9) South 65 deg. 30 min. 44 sec. West 8.49 feet to a point; thence
    31    10) North 75 deg. 22 min. 31 sec. West 38.92 feet to a point; thence
    32    11) North 29 deg. 08 min. 26 sec. West 25.83 feet to a point; thence
    33    12) North 07 deg. 58 min. 33 sec. West 20.27 feet to a point; thence
    34    13) North 07 deg. 40 min. 45 sec. East 100.00 feet to a point; thence
    35    14) North 82 deg. 23 min. 04 sec. West 1.00 feet to a point; and
    36    15) South 07 deg. 40 min. 49 sec. West 425.30 to its intersection with
    37  the  northerly  bounds  of  Map  1402 Parcel 1836 of said appropriation;
    38  Thence along the bounds of Map 1402 Parcel 1836  as  described  in  Book
    39  5256 of Deeds at Page 686 and Book 5274 of Deeds at Page 836 the follow-
    40  ing three (3) courses and distances:
    41    1) South 07 deg. 40 min. 17 sec. West 70.35 feet to a point; thence
    42    2) South 82 deg. 09 min. 26 sec. East 1.00 feet to a point; and
    43    3)  North  07 deg. 40 min. 37 sec. East 70.35 feet to its intersection
    44  with the bounds of the  hereinabove  described  Map  1401  Parcel  1831;
    45  Thence  along  the bounds of said Map 1401 Parcel 1831 the following ten
    46  (10) courses and distances:
    47    1) North 07 deg. 40 min. 37 sec. East 100.00 feet to a point; thence
    48    2) North 40 deg. 32 min. 01 sec. East 61.06 feet to a point; thence
    49    3) North 50 deg. 26 min. 34 sec. East 110.76 feet to a point; thence
    50    4) North 55 deg. 51 min. 53 sec. East 43.02 feet to a point; thence
    51    5) North 66 deg. 11 min. 17 sec. East 30.00 feet to a point; thence
    52    6) North 79 deg. 28 min. 24 sec. East 30.00 feet to a point; thence
    53    7) South 87 deg. 12 min. 02 sec. East 30.00 feet to a point; thence
    54    8) South 73 deg. 54 min. 22 sec. East 30.00 feet to a point; thence
    55    9) South 59 deg. 56 min. 49 sec. East 33.00 feet to a point; and

        A. 7660                            12
 
     1    10) South 47 deg. 06 min. 38 sec. East 95.11 feet to its  intersection
     2  with  the  division  line between Lot 11J on the Northwest and the lands
     3  now or formerly of Woodstead Enterprises Co. as described in  Book  3530
     4  of  Deeds at Page 257 on the Southeast (formerly lands of Rome Watertown
     5  and  Oswego  Railroad  Company  via Letters Patent, Book 292, Page 264);
     6  thence South 28 deg. 12 min. 27 sec. West along said division  line  and
     7  along  the  Northwesterly  boundary  of West Hiawatha Boulevard in part,
     8  36.93 feet to its point of intersection with Northeasterly  boundary  of
     9  West Hiawatha Boulevard; thence North 61 deg. 43 min. 58 sec. West along
    10  said  Northeasterly  boundary  158.30  feet to its point of intersection
    11  with the Northwesterly boundary of said West Hiawatha Boulevard;  thence
    12  West  along said Northwesterly boundary the following three (3) courses:
    13  1) South 30 deg. 39 min. 30 sec. West 599.46 feet to a point; thence  2)
    14  South  30  deg. 30 min. 42 sec. West 62.49 feet to a point; and 3) South
    15  23 deg. 40 min. 55 sec. West 220.04 feet to its  point  of  intersection
    16  with  Southwesterly boundary of West Hiawatha Boulevard; thence South 49
    17  deg. 30 min. 46 sec. East along said Southwesterly boundary,  0.30  feet
    18  to  its  point  of  intersection  with  the  first hereinabove described
    19  Northwesterly boundary of West Hiawatha Boulevard; thence South 40  deg.
    20  26  min.  20 sec. West, along said Northwesterly boundary, 98.08 feet to
    21  its point of intersection with the division line between Lot 11J on  the
    22  Northeast  and  Lot 11H of the Carousel Center Subdivision on the South-
    23  west; thence North 50 deg. 25 min. 12 sec.  West,  along  said  division
    24  line,  147.85  feet  to the Northwest corner of Lot 11H; thence South 40
    25  deg. 26 min. 20 sec. West 217.47 feet to the  Southwest  corner  of  lot
    26  11H; thence South 49 deg. 49 min. 16 sec. East 147.83 feet to a point on
    27  the  first hereinabove described Northwesterly boundary of West Hiawatha
    28  Boulevard; thence along said Northwesterly  boundary  of  West  Hiawatha
    29  Boulevard  the  following  two  (2) courses: 1) South 40 deg. 26 min. 20
    30  sec. West 17.66 feet to a point; and 2) South 43 deg. 01  min.  50  sec.
    31  West 468.25 feet to the point of beginning.
    32    Excepting  the  following  piece or parcel of land appropriated by the
    33  People of the State of New York described as Map  1401  Parcel  1832  in
    34  Book  5256  of  Deeds  at  Page  686 and Book 5274 of Deeds at Page 836:
    35  Commencing at the southwest corner of herein above  described  Map  1402
    36  Parcel  1836  said  point having a proceeding course of South 07 deg. 40
    37  min. 17 sec. West 70.35  feet  in  the  premises  describe  hereinabove;
    38  thence  North  13 deg. 18 min. 48 sec. West 138.17 feet to the southeast
    39  corner of Map 1401 Parcel 1832; thence along the bounds of said Map 1401
    40  Parcel 1832 the following four (4) courses and distances:
    41    1) North 82 deg. 09 min. 26 sec. West 1.00 feet to a point; thence
    42    2) North 07 deg. 53 min. 50 sec. East 353.36 feet to a point; thence
    43    3) South 81 deg. 54 min. 58 sec. East 1.00 feet to a point, and
    44    4) South 07 deg. 53 min. 54 sec. West 353.36  feet  to  the  point  of
    45  beginning;  or  such  premises  or  businesses  located on that tract or
    46  parcel of land situate lying and being in the Town of Oneonta, County of
    47  Otsego and State of New York and being a portion of  Otsego  County  Tax
    48  Map  Department  Parcel  Number 287.00-1-33 and bounded and described as
    49  follows: Beginning at a point 2.12 feet off the northeasterly corner  of
    50  a  one story building on the lands, now or formerly, of Abner Doubleday,
    51  LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Bren-
    52  da Patton, which point lies N 87°55'13" W a distance of 149.37' from the
    53  northeast corner of the Patton lands; thence N 74°30'18" W a distance of
    54  51.50 feet to a point; thence S 15°29'42" W a distance of 2.00 feet to a
    55  point; thence N 74°30'18" W a distance of 14.00 feet to a point;  thence
    56  S  15°29'42" W a distance of 19.20 feet to a point; thence S 74°30'18" E

        A. 7660                            13
 
     1  a distance of 14.20 feet to a point; thence S 15°29'42" W a distance  of
     2  4.20  feet;  thence  S  74°30'18" E a distance of 51.30 feet to a point;
     3  thence N 15°29'42" E a distance of 25.40 feet to a point  to  the  point
     4  and  place  of  beginning  or  on premises or with respect to a business
     5  constituting the overnight lodging facility located  wholly  within  the
     6  boundaries  of  that  tract or parcel of land situated in the borough of
     7  Manhattan, city and county of New York, beginning  at  a  point  on  the
     8  northerly  side  of west fifty-fourth street at a point one hundred feet
     9  easterly from the intersection  of  the  said  northerly  side  of  west
    10  fifty-fourth  street  and  the  easterly side of seventh avenue; running
    11  thence northerly and parallel with the easterly side of  seventh  avenue
    12  one  hundred  feet  five inches to the center line of the block; running
    13  thence easterly and parallel with the  northerly  side  of  west  fifty-
    14  fourth  street  and  along  the center line of the block fifty feet to a
    15  point; running thence northerly and parallel with the easterly  side  of
    16  seventh  avenue  one  hundred  feet five inches to the southerly side of
    17  west fifty-fifth street at a point distant one hundred fifty feet  east-
    18  erly  from  the  intersection  of the said southerly side of west fifty-
    19  fifth street and the easterly side of  seventh  avenue;  running  thence
    20  easterly  along the southerly side of west fifty-fifth street thirty-one
    21  feet three inches to a point; running thence southerly and parallel with
    22  the easterly side of the seventh avenue one hundred feet five inches  to
    23  the  center  line of the block; running thence easterly along the center
    24  line of the block and parallel with the southerly side  of  west  fifty-
    25  fifth  street,  one  hundred feet; running thence northerly and parallel
    26  with the easterly side of seventh avenue one hundred feet five inches to
    27  the southerly side of west fifty-fifth street; running  thence  easterly
    28  along  the southerly side of west fifty-fifth street twenty-one feet ten
    29  and one-half inches to a point; running thence  southerly  and  parallel
    30  with the easterly side of seventh avenue one hundred feet five inches to
    31  the  center  line of the block; running thence westerly along the center
    32  line of the block and parallel with the northerly side  of  west  fifty-
    33  fourth  street three feet one and one-half inches; running thence south-
    34  erly and parallel with the easterly side of seventh avenue  one  hundred
    35  feet  five inches to the northerly side of west fifty-fourth street at a
    36  point distant three hundred feet easterly from the intersection  of  the
    37  said northerly side of west fifty-fourth street and the easterly side of
    38  seventh  avenue; running thence westerly and along the northerly side of
    39  west fifty-fourth street two hundred feet  to  the  point  or  place  of
    40  beginning,  provided  that  such  facility  maintains not less than four
    41  hundred guest rooms and suites for overnight lodging; or on  such  prem-
    42  ises or business located on any of the following four parcels:
    43    Parcel A
    44    any  such  premises or business constituting the overnight lodging and
    45  resort facility located wholly within the boundaries of the  Village  of
    46  Altmar,  County  of Oswego, Great Lot 19 beginning at a point on center-
    47  line of Pulaski Street  at  its  intersection  with  the  division  line
    48  between  the lands now or formerly of Altmar Parish Williamstown Central
    49  School District (APW CSD) as described in Book 378 of Deeds at Page  118
    50  on  the  northwest  and  the  lands  now  or  formerly  of Tostanoski as
    51  described in Book 1356 of Deeds at Page  55  on  the  southeast;  Thence
    52  along said centerline the following two (2) courses: 1) North 37 deg. 35
    53  min.  00 sec. West, a distance of 803.88 ft. to a point and 2). North 45
    54  deg. 48 min. 13 sec. West, a distance of 132.33 ft. to its  intersection
    55  with  the  division line between the said lands of APW CSD on the south-
    56  east and the lands now or formerly of Hayward as described in  Book  894

        A. 7660                            14
 
     1  of Deeds at Page 211 & Doc. #2006-9318 on the northwest; Thence North 23
     2  deg.  48 min. 43 sec. East along said division, a distance of 131.66 ft.
     3  to its intersection with the division line between the said lands of APW
     4  CSD  on  the  north  and  the said lands of Hayward on the south; Thence
     5  South 73 deg. 16 min. 17 sec. West  along  the  said  division  line,  a
     6  distance  of  131.66  ft.  to  its  intersection  with the division line
     7  between the said lands of APW CSD and  the  lands  now  or  formerly  of
     8  National  Grid  as  described  in  Book 282 of Deeds at Page 552; Thence
     9  along said division line to the following six (6) courses: 1)  North  23
    10  deg.  43  min. 38 sec. East, a distance of 158.73 ft. to a point; thence
    11  2) North 83 deg. 39 min. 24 sec. West, a distance of  190.48  ft.  to  a
    12  point; thence 3) North 25 deg. 39 min. 08 sec. East, a distance of 24.15
    13  ft. to a point; thence 4) North 53 deg. 32 min. 01 sec. East, a distance
    14  of 265.18 ft. to a point; thence 5) North 81 deg. 24 min. 54 sec. East a
    15  distance  of 475.00 ft. to a point; and 6) North 81 deg. 24 min. 54 sec.
    16  East, a distance of +/- 522 ft. to its intersection with the  center  of
    17  Salmon  River;  Thence  upstream  along  said center, and in a generally
    18  southerly direction, a distance of +/- 1,455  ft.  to  its  intersection
    19  with  the  division line between the said lands of APW CSD on the north-
    20  west and the lands now or formerly of Bennett as described in  Book  927
    21  of  Deeds  at Page 65 on the southeast; Thence South 52 deg. 19 min.  00
    22  sec. West along said division line, a distance  of  +/-  170  ft.  to  a
    23  point;  Thence South 52 deg. 19 min. 00 sec. West, continuing along said
    24  division line, a distance of 400.00 ft. to  its  intersection  with  the
    25  centerline  of Pulaski Street; Thence North 37 deg. 35 min. 00 sec. West
    26  along said centerline, a distance of 53.65 ft. to its intersection  with
    27  the division line between the said lands of APW CSD on the southeast and
    28  the  lands  now or formerly of Pfluger as described in Book 922 of Deeds
    29  at Page 187 on the northwest; Thence North 52 deg. 25 min. 00 sec.  East
    30  along  said  division line, a distance of 330.00 ft. to its intersection
    31  with the division line between the said lands of APW CSD on  the  north-
    32  east and the said lands of Pfluger, the lands now or formerly of Endsley
    33  as  described  in Book 1520 of Deeds at page 5, and the hereinabove said
    34  lands of Tostanoski, in part by each, on the southwest; Thence North  37
    35  deg. 35 min. 00 sec. West along said division line, a distance of 247.50
    36  ft. to its intersection with the division line between the said lands of
    37  APW  CSD on the northwest and the said lands of Tostanoski on the south-
    38  east; Thence South 52 deg. 25 min. 000 sec.  West  along  said  division
    39  line, a distance of 330.00 ft. to the POINT OF BEGINNING; or
    40    Parcel B
    41    any  such  premises or business constituting the overnight lodging and
    42  resort facility located wholly within the boundaries of  that  tract  or
    43  parcel  of  land situate in the city of Syracuse, County of Onondaga and
    44  State of New York, being part of Block 366 in said City and more partic-
    45  ularly bounded and described as follows: beginning at  a  point  at  the
    46  intersection  of  the  southerly  line  of  East Genesee Street with the
    47  westerly line of University Avenue; running thence: South  00°  30'  30"
    48  West, along said Westerly line of University Avenue, a distance of 75.16
    49  feet  to  a  point therein; Thence North 89° 49' 00" West, a distance of
    50  140.00 feet to a point; thence South 00° 30' 30"  West,  a  distance  of
    51  271.55  feet  to  a  point; Thence North 89° 49' 00" West, a distance of
    52  103.01 feet to a point; Thence South 00° 11' 00"  West,  a  distance  of
    53  132.00  feet  to a point in the northerly line of Madison Street; Thence
    54  North 89° 49' 0" West along said northerly line, a  distance  of  141.36
    55  feet to a point; Thence North 00° 25' 10" East, a distance of 50 feet to
    56  a  point in the westerly line of Farm Lot 200 of the Salt Springs Reser-

        A. 7660                            15
 
     1  vation; Thence North 03° 26'  10"  West  along  said  westerly  line,  a
     2  distance of 415.12 feet to a point in the southerly line of East Genesee
     3  Street;  Thence  North  88°  11'  00" East, along said southerly line, a
     4  distance of 412.50 feet to the point of beginning. The premises are also
     5  described  as  follows: All that tract or parcel of land, situate in the
     6  City of Syracuse, County of Onondaga and State of New York, being  known
     7  as  new  Lot  1A as is more particularly shown on a Resubdivision Map of
     8  Part of Block 366 made by Christopherson Land Surveying and filed in the
     9  Onondaga County Clerk's Office October 8, 2002 as Map No. 9498; or
    10    Parcel C
    11    any such premises or business constituting the overnight  lodging  and
    12  resort  facility  located wholly within the boundaries of all that tract
    13  or parcel of land situate in the city of Syracuse,  County  of  Onondaga
    14  and  State of New York, being a part of Lots 200 and 201, Lots 2, 6, and
    15  7, Block 368 in the City of Syracuse  and  being  further  described  as
    16  follows:  Beginning at a drill hole set at the intersection of the east-
    17  erly street margin of South  Crouse  Avenue  and  the  southerly  street
    18  margin  of  Harrison  Street;  Thence S. 89° 51' 36" E. (S 89° 49' 40" E
    19  measured), along the southerly  street  margin  of  Harrison  Street,  a
    20  distance of 395.30 feet to a capped iron rod set at the westerly line of
    21  a  parcel of land conveyed to Syracuse University; Thence S. 00° 28' 34"
    22  W. (S 00° 30' 30" W measured), along the westerly line of those  parcels
    23  of  land conveyed to Syracuse University, a distance of 132.00 feet to a
    24  capped iron rod set; Thence N. 89° 51' 36" W. (N 89°  49'  40"  W  meas-
    25  ured), along the northerly line of a parcel of land conveyed to Syracuse
    26  University,  a  distance of 132.00 feet to a capped iron rod set; Thence
    27  N. 89° 51' 36" W. (N 89° 49' 40" W measured), along the  northerly  line
    28  of a parcel of land conveyed to Syracuse University, a distance of 66.00
    29  feet to a capped iron rod set; Thence S. 00° 28' 34" W. (S 00° 30' 30" W
    30  measured), along the westerly line of that Syracuse University Property,
    31  a  distance of 71.25 feet to a capped iron rod set; Thence N 89° 55' 36"
    32  W. (89° 53' 39" W measured), a distance of 130.40 feet to a capped  iron
    33  rod  set  at the easterly line of that parcel of land conveyed to Crouse
    34  Health Systems, Inc. by deed recorded in  the  Onondaga  County  Clerk's
    35  Office  in Liber 4800 at Page 730; Thence N. 03° 44' 23" W. (03° 42' 26"
    36  W measured), along the easterly line of the Crouse Health  System,  Inc.
    37  property,  a distance of 37.99 feet to a magnetic nail set at the north-
    38  east corner of the aforementioned Crouse Health System, Inc.; Thence  N.
    39  89°  51'  36' W. (N 89° 49' 40" W measured), along the northerly line of
    40  the Crouse Health System, Inc. Property, a distance of 195.85 feet to  a
    41  capped  iron  rod  set  at  the  easterly  street margin of South Crouse
    42  Avenue; Thence N. 00° 23' 14" E. (N 00° 25' 10" E measured),  along  the
    43  easterly street margin of South Crouse Avenue, a distance of 165.50 feet
    44  to the point of beginning. Together with all the right, title and inter-
    45  est in and to strops and gores of land, if any, adjoining or adjacent to
    46  said premises and to the lands lying in the bed of any street, road land
    47  or right of way, as they now exist, or formerly existed in, in front of,
    48  or  adjoining  the  premises  above described or used in connection with
    49  said above described premises. Containing 1.55 acres  of  land  more  or
    50  less.  It  being the intent of this survey description to describe those
    51  parcels of land conveyed by Temple Adath Yeshurun,  also  known  as  the
    52  Congregation  Adath Yeshurun, to the Syracuse Urban Renewal Agency, by a
    53  Warranty Deed dated September 21, 1972, that was duly  recorded  in  the
    54  Onondaga  County Clerk's Office on October 10, 1972 in Deed Book 2486 at
    55  Page 1137. Being a portion of the premises  conveyed  at  Hotel  Skylar,
    56  LLC,  f/k/a  908  Harrison  St.,  LLC,  by  deed dated June 5, 2007, and

        A. 7660                            16

     1  recorded in the Onondaga County Clerk's Office on June 14, 2007 in  Deed
     2  Book 04998 at Page 0795 (Instrument: 0687909); or
     3    Parcel D
     4    any  such  premises or business constituting the overnight lodging and
     5  resort facility located wholly within the boundaries of all  that  tract
     6  or  parcel  of land situate in the city of Syracuse, County of Onondaga,
     7  being part of Lots 13, 14 and 15 of Block 233 in said City, more partic-
     8  ularly bounded and described as follows: beginning at  a  point  in  the
     9  northerly  line of East Genesee Street, a distance of 232.5 feet easter-
    10  ly, measured along said northerly line, from the easterly line of Almond
    11  Street; Running thence the following 8 courses and distances:    (1.)  S
    12  89°  30'  50"E,  along  said  northerly  line  of East Genesee Street, a
    13  distance of 109.5 feet; (2.) N 00° 20' E, parallel  with  said  easterly
    14  line  of  Almond Street, a distance of 158.69 feet to the southerly line
    15  of Orange Alley; (3.) N 89° 30' 50" W,  along  said  southerly  line  of
    16  Orange Alley, a distance of 66 feet to a point; (4.) N 00° 20' E, paral-
    17  lel  with  said easterly line of Almond Street, 20 feet to the northerly
    18  line of Orange Alley; (5.) N 89° 30' 50" W, along said northerly line of
    19  Orange Alley, a distance of 9 feet; (6.) S 00° 20' W, parallel with said
    20  easterly line of Almond Street, a distance of 13.5 feet to a point; (7.)
    21  N 89° 30' 50" W, parallel with the  aforesaid  northerly  line  of  East
    22  Genesee  Street, a distance of 3 feet to a point; and, (8.) S 00° 20' W,
    23  parallel with said easterly line of Almond Street, a distance of  165.19
    24  feet  to  the  point of beginning, containing 17,781+/- sq. ft. (0.41+/-
    25  Acres of Land) and; Parcel II (#716-718 East Fayette Street),  All  that
    26  tract or parcel of land situate in the City of Syracuse, County of Onon-
    27  daga  and  State  of  New  York, being Lot 3 and part of lots 4 and 9 of
    28  Block 233 beginning in the southerly line  of  East  Fayette  Street,  a
    29  distance  of 132 feet westerly, measured along said southerly line, from
    30  the westerly line of Forman  Avenue;  Running  thence  the  following  4
    31  courses  and  distances: (1.) N 89° 30' 50" W, along said southerly line
    32  of East Fayette Street, a distance of 97 feet; (2.) S  00°  20'  20"  W,
    33  parallel  with said westerly line of Forman Avenue, a distance of 178.69
    34  feet to the northerly line of Orange Alley; (3.) S 89° 30' 50" E,  along
    35  said  northerly  line of Orange Alley, a distance of 97 feet to a point;
    36  and, (4.) N 00° 20' 10" E, parallel with said westerly  line  of  Forman
    37  Avenue,  a  distance  of  178.69  feet to the point of beginning or with
    38  respect to any premises or business located on all that  certain  parcel
    39  of  land  situate  in  the  City of Peekskill, County of Westchester and
    40  State of New York, that is a portion of Parcel I as it is shown on  that
    41  certain  map entitled, "Survey .. at Charles Point.." which was filed in
    42  the Westchester County Clerk's Office on October 23,  1980  as  Map  No.
    43  20407 that is bounded and described as follows:
    44    BEGINNING at a point on the easterly shoreline of the Hudson River and
    45  within  the bounds of the said Parcel I as it is shown on the said Filed
    46  Map No. 20407, which point occupies coordinate position:
    47    North 464418.83 (y)
    48    East 607401.00 (x)
    49    of the New York State Coordinate System, East Zone and which point  is
    50  distant,  the  following courses from the southerly corner of the Parcel
    51  shown on Map No. 20407 that occupies coordinate position
    52    North 463520.804 (y)
    53    East 608470.681 (x)
    54    of the aforesaid New York State Coordinate System, East Zone:
    55    North 47 degrees 30' 36" West 856.60 feet,
    56    North 77 degrees 10' 53" West 488.18 feet,

        A. 7660                            17
 
     1    North 41 degrees 17' 53" West 113.32 feet and
     2    North 41 degrees 50' 16" East 169.08 feet;
     3    THENCE from the said point of beginning along the said easterly shore-
     4  line (high water mark) of the east bank of the Hudson River:
     5    Due North 16.17 feet,
     6    North 53 degrees 58' 22" West 13.60 feet,
     7    North 73 degrees 04' 21" West 24.04 feet,
     8    North 63 degrees 26' 06" West 22.36 feet,
     9    North 82 degrees 18' 14" West 37.34 feet,
    10    North 64 degrees 47' 56" West 37.58 feet,
    11    South 82 degrees 52' 30" West 16.12 feet,
    12    North 61 degrees 41' 57" West 14.76 feet and
    13    South 21 degrees 48' 05" West 9.71 feet;
    14    THENCE  leaving  the high water mark and running across a peninsula of
    15  land and along the division line between Parcel I and Parcel II as shown
    16  on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
    17  another point on the said easterly shoreline (high water  mark)  of  the
    18  East Bank of the Hudson River;
    19    THENCE  northerly along the said high water mark, the following cours-
    20  es:
    21    North 3 degrees 00' 46" West 17.54 feet,
    22    North 13 degrees 45' 39" West 50.45 feet,
    23    North 10 degrees 49' 23" West 69.23 feet,
    24    North 0 degrees 47' 22" West 52.48 feet to a point which is the  point
    25  of  beginning  of the hereinafter described 40 foot easement which point
    26  occupies coordinate position
    27    North 464676.48 (y)
    28    East 607189.28 (x)
    29    of the New York State Coordinate System, East Zone;
    30    THENCE continuing along the aforesaid easterly shoreline  (high  water
    31  mark) of the East Bank of the Hudson, the following courses:
    32    North 10 degrees 18' 17" West 23.91 feet,
    33    North 39 degrees 04' 58" West 21.39 feet,
    34    North 20 degrees 13' 30" West 21.74 feet,
    35    North 39 degrees 02' 08" West 95.27 feet,
    36    North 13 degrees 08' 02" West 30.81 feet,
    37    North 18 degrees 26' 06" West 53.76 feet,
    38    North 28 degrees 10' 43" West 63.53 feet,
    39    North 18 degrees 26' 06" West 50.60 feet,
    40    North 37 degrees 14' 05" West 31.40 feet,
    41    North 21 degrees 15' 02" West 96.57 feet,
    42    North 32 degrees 00' 19" West 47.17 feet,
    43    North 1 degree 18' 07" West 44.01 feet and
    44    North  17  degrees 14' 29" East 29.32 feet to a point on the southerly
    45  line of lands under lease to the County of Westchester (Resco Site);
    46    THENCE along the said County of Westchester (Resco  Site)  lands:  Due
    47  East  432.31  feet  to a point on the westerly line of an easement and a
    48  right-of-way leading to Charles Point Avenue;
    49    THENCE along the said westerly and  southwesterly  line  of  the  said
    50  right-of-way  leading to Charles Point Avenue: Due South 241.16 feet and
    51  South 27 degrees 13' 00" East 406.90 feet to a point;
    52    THENCE leaving the said easement and running along other lands now  or
    53  formerly  of  The City of Peekskill Industrial Development Agency, South
    54  41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly
    55  shoreline (high water mark) of the East Bank of the Hudson River and the
    56  point or place of beginning.

        A. 7660                            18
 
     1    TOGETHER  with an easement over all that parcel of land situate in the
     2  City of Peekskill, County of Westchester and State of New York  that  is
     3  more particularly bounded and described as follows:
     4    BEGINNING at a point on the westerly line of Charles Point Avenue with
     5  the  said westerly line is intersected by the line dividing the easement
     6  herein described on the south from lands under lease to  the  County  of
     7  Westchester  (Resco  Site)  on the north which point occupies coordinate
     8  position:
     9    North 464719.99 (y)
    10    East 608004.15 (x)
    11    of the New York State Coordinate System, East Zone;
    12    THENCE from the said point  of  beginning  southerly  along  the  said
    13  westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West
    14  103.48 feet to a point;
    15    THENCE westerly along other lands of the City of Peekskill  Industrial
    16  Development Agency: Due West 396.44 feet to a point which is the easter-
    17  ly most corner of the lands of Point Associates, the grantee herein;
    18    THENCE  along  the  northeasterly  line  of the said Point Associates'
    19  land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16
    20  feet to a point on the southerly line of the aforementioned lands leased
    21  to the County of Westchester (Resco Site);
    22    THENCE easterly along the said southerly line Due East 75.00 feet to a
    23  point;
    24    THENCE southeasterly and easterly still along the said lands leased to
    25  the County of Westchester (Resco Site) the following courses:
    26    Due South 223.00 feet,
    27    South 27 degrees 13' 00" East 314.87 feet and
    28    Due  East  390.14  feet to the aforementioned westerly line of Charles
    29  Point Avenue and the point or place of BEGINNING.
    30    TOGETHER WITH a non-exclusive easement for utilities, and ingress  and
    31  egress over that certain right of way leading from Charles Point Avenue,
    32  now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly
    33  direction to the above described premises and as more fully described in
    34  the Declaration of Easement recorded in Liber 8888 cp  35;  or  on  such
    35  premises or business located:
    36    ALL that certain plot, piece or parcel of land, situate in the Town of
    37  Southeast, County of Putnam and State of New York.
    38    BEGINNING  at  a point on the northerly side of Argonne Road (a/k/a as
    39  Old Route #6) where the same is  intersected  the  southwest  corner  of
    40  lands  N/F  Putnam  County  Italian-American Social Club, Inc. and which
    41  point is the most easterly point of the parcel hereto described:
    42    THENCE from said point of beginning along the  dividing  line  between
    43  the southerly side of lands N/F Partners Management, LLC. And the north-
    44  erly  side of Argonne Road, also known as Old Route #6, North 81 degrees
    45  20 minutes 10seconds West 89.89 feet and South 85 degrees 03 minutes  00
    46  seconds West 106.50 feet to the southeast corner of lands N/F Kane;
    47    THENCE  along the southerly line of the parcel herein and the proposed
    48  northerly side of Argonne Road, (a/k/a as Old Route #6) South 88 degrees
    49  43 minutes 17 seconds East 195.02 to the point and place  of  BEGINNING;
    50  and
    51    All  that  certain  plot,  piece or parcel of land, situate, lying and
    52  being in the town of Southeast, County of Putnam and State of New  York,
    53  bounded and described as follows:
    54    BEGINNING  at  a point on the northerly line of Old Highway from Brew-
    55  ster to US Route #6 leading to Danbury at the southwest corner  of  land
    56  N/F Putnam County Italian-American Social Club, Inc.;

        A. 7660                            19
 
     1    THENCE  along said Old Highway, North 81 degrees 20 minutes 10 seconds
     2  West 89.89 feet and South 85 degrees 03 minutes 00 seconds  West  106.50
     3  feet to a point;
     4    THENCE  North  06  degrees  49 minutes 20 seconds West 83.25 feet to a
     5  point on the southerly side of NY State Highway #5203 also known  as  NY
     6  Route #22 & US Route #6;
     7    THENCE  along  said  State  Highway,  North  67  degrees 06 minutes 10
     8  seconds East 35.06 feet to a point and North 76 degrees  43  minutes  20
     9  seconds  East 240.80 feet to a point and land N/F Putnam County Italian-
    10  American Social Club, Inc.
    11    THENCE along said land, South 21 degrees 37 minutes  10  seconds  West
    12  167.77  feet  to the North side of Old Highway aforesaid at the point or
    13  place of BEGINNING. Any lien, mortgage or other interest or  estate  now
    14  held  by  said retail licensee on or in the personal or real property of
    15  such manufacturer or  wholesaler,  which  mortgage,  lien,  interest  or
    16  estate was acquired on or before December thirty-first, nineteen hundred
    17  thirty-two, shall not be included within the provisions of this subdivi-
    18  sion;  provided,  however,  the  burden  of establishing the time of the
    19  accrual of the interest, comprehended by this subdivision shall be  upon
    20  the  person  who  claims  to be entitled to the protection and exemption
    21  afforded hereby.
    22    § 5. This act shall take effect immediately.
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