S01852 Summary:

BILL NOS01852
 
SAME ASNo Same As
 
SPONSORJACOBS
 
COSPNSR
 
MLTSPNSR
 
Amd §§101 & 106, ABC L
 
Relates to exempting certain parcels of land from the provisions of law which generally restrict manufacturers, wholesalers and retailers from sharing an interest in a liquor license.
Go to top    

S01852 Actions:

BILL NOS01852
 
01/16/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
05/29/20191ST REPORT CAL.962
05/30/20192ND REPORT CAL.
06/03/2019ADVANCED TO THIRD READING
06/12/2019PASSED SENATE
06/12/2019DELIVERED TO ASSEMBLY
06/12/2019referred to economic development
01/08/2020died in assembly
01/08/2020returned to senate
01/08/2020REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
08/11/2020RECOMMIT, ENACTING CLAUSE STRICKEN
Go to top

S01852 Committee Votes:

Go to top

S01852 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S01852 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1852
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          exempting  certain  parcels  of  land from the provisions of law which
          generally restrict manufacturers, wholesalers and retailers from shar-
          ing an interest in a liquor license
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (xii)  of paragraph (a) of subdivision 1 of
     2  section 101 of the alcoholic beverage control law, as added  by  chapter
     3  453  of  the  laws  of 2018, is amended and a new subparagraph (xiii) is
     4  added to read as follows:
     5    (xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in  the  Tenth
     6  Ward  of  the  City of Troy, County of Rensselaer and State of New York,
     7  known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6),  Five
     8  (5),  A Five (A5) and the southerly portions of Lots Four (4) and A Four
     9  (A4), as the same are laid down and described on a certain Map  made  by
    10  Frederick  W.  Orr,  dated  August  15, 1918, filed in the Office of the
    11  Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said
    12  premises hereby intended to be conveyed are  bounded  and  described  as
    13  follows:
    14    COMMENCING  at an iron rod in the westerly side of River Street at the
    15  most southeasterly corner of premises heretofore conveyed by Harry Gold-
    16  berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated
    17  November 8, 1940, recorded November 12, 1940 In the Office of the  Clerk
    18  of the County of Rensselaer in Book 633 of Deeds at page 400 and running
    19  thence southerly along the westerly line of River Street 215.6 feet to a
    20  pipe  in  the  most  southeasterly corner of Lot No. A7; thence westerly
    21  along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to
    22  the easterly shore of the Hudson River; thence northerly along the east-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05796-02-9

        S. 1852                             2
 
     1  erly shore of the Hudson River 216 feet more or less to the most  south-
     2  westerly  corner  of land heretofore conveyed by the said Harry Goldberg
     3  and Norman Goldberg  to  Arthur  E.  Collins  and  another  hereinbefore
     4  recited; thence along the southerly line of lands heretofore conveyed to
     5  said  Collins  and  another  easterly  31.75 feet; thence northerly 6.33
     6  feet; thence easterly 18 feet; thence southerly 6.33 feet; thence  east-
     7  erly 150.57 feet to the point or place of beginning.
     8    EXCEPTING  THEREFROM  that  portion of the above described premises as
     9  were conveyed by John B. Garrett, Inc. to Cahill Orthopedic  Laboratory,
    10  Inc.   by deed dated June 22, 1993 and recorded in the Rensselaer County
    11  Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,
    12    Containing 17,600 square feet of land more or less.
    13    BEARINGS refer to the magnetic meridian of  1993.  Said  premises  are
    14  also  described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage
    15  and depth 115.60 x 220.00 being the same premises described in Book 6534
    16  of Deeds at Page 256 in the Rensselaer County Clerk's Office  and  being
    17  the  same  premises  in  the  2009  City  of  Troy  Assessment Rolls and
    18  90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC;  CORINA,
    19  ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT)[.]; or
    20    (xiii)  ALL  THAT  TRACT OR PARCEL OF LAND, together with building and
    21  improvements erected thereon, situate in the City of Buffalo, county  of
    22  Erie  and  State of New York, being Lots Nos, 1 to 10 inclusive and Lots
    23  Nos. 23 to 32 inclusive, in Block "I", of the Subdivision of a  part  of
    24  Lot  88,  Black Rock, Township 11, Range I of the Holland Land Company's
    25  Survey, as shown on Cover Map No. 196, filed in the Erie County  Clerk's
    26  Office, Buffalo, New York and more particularly described as follows:
    27    BEGINNING at the intersection of the southerly line of Chandler Street
    28  and  the  easterly  line  of Manton Place, said point of beginning being
    29  also the northwesterly corner of Lot No  1  in  the  above  referred  to
    30  subdivision,  running thence southerly along the easterly line of Manton
    31  Place a distance of 280 feet to the  northerly  line  of  Grote  Street,
    32  which  point is also the southwesterly corner of Lot No. 23 in the above
    33  referred to subdivision; thence easterly along  the  northerly  line  of
    34  Grote  Street,  303.16 feet more or less to the easterly line or Lot No.
    35  32 in said subdivision, which point is also the southwesterly corner  of
    36  lands  owned  now  or  formerly by Anthony Young and Caroline Young, his
    37  wife; thence northerly along the easterly line of Lots 32 and 10,  being
    38  also  along  the  westerly line of land now or formerly of Anthony Young
    39  and wife and lands of Barcola Manufacturing Company a  distance  of  280
    40  feet, more or less, to the southerly line of Chandler Street, said point
    41  being  also the northeasterly corner of Lot No. 10 and the northwesterly
    42  corner of lands now or formerly of Barcola Manufacturing Company; thence
    43  westerly along the southerly side  of  Chandler  Street  a  distance  of
    44  306.70 feet more or less to the easterly line of Manton Place, the point
    45  and  place  of  beginning, containing 1.96 acres of land, being the same
    46  more or less.
    47    § 2. Subparagraph (xii) of paragraph (a) of subdivision 13 of  section
    48  106 of the alcoholic beverage control law, as amended by chapters 453 of
    49  the  laws  of 2018, is amended and a new subparagraph (xiii) is added to
    50  read as follows:
    51    (xii) all those tracts or parcels of land, situate in the  Tenth  Ward
    52  of  the  City of Troy, County of Rensselaer and State of New York, known
    53  as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A
    54  Five (A5) and the southerly portions of Lots Four (4) and A  Four  (A4),
    55  as the same are laid down and described on a certain Map made by Freder-
    56  ick  W.  Orr, dated August 15, 1918, filed in the Office of the Clerk of

        S. 1852                             3
 
     1  the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises
     2  hereby intended to be conveyed are bounded and described as follows:
     3    COMMENCING  at an iron rod in the westerly side of River Street at the
     4  most southeasterly corner of premises heretofore conveyed by Harry Gold-
     5  berg and Norman Goldberg to Arthur E. Collins and another, by Deed dated
     6  November 8, 1940, recorded November 12, 1940 In the Office of the  Clerk
     7  of the County of Rensselaer in Book 633 of Deeds at page 400 and running
     8  thence southerly along the westerly line of River Street 215.6 feet to a
     9  pipe  in  the  most  southeasterly corner of Lot No. A7; thence westerly
    10  along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to
    11  the easterly shore of the Hudson River; thence northerly along the east-
    12  erly shore of the Hudson River 216 feet more or less to the most  south-
    13  westerly  corner  of land heretofore conveyed by the said Harry Goldberg
    14  and Norman Goldberg  to  Arthur  E.  Collins  and  another  hereinbefore
    15  recited; thence along the southerly line of lands heretofore conveyed to
    16  said  Collins  and  another  easterly  31.75 feet; thence northerly 6.33
    17  feet; thence easterly 18 feet; thence southerly 6.33 feet; thence  east-
    18  erly 150.57 feet to the point or place of beginning.
    19    EXCEPTING  THEREFROM  that  portion of the above described premises as
    20  were conveyed by John B. Garrett, Inc. to Cahill Orthopedic  Laboratory,
    21  Inc.   by deed dated June 22, 1993 and recorded in the Rensselaer County
    22  Clerk's Office on June 24, 1993 in Book  1960  of  Deeds  at  Page  215,
    23  Containing 17,600 square feet of land more or less.
    24    BEARINGS  refer  to  the  magnetic meridian of 1993. Said premises are
    25  also described as follows: Ward & Plate: 1005500 669 RIVER ST:  frontage
    26  and depth 115.60 x 220.00 being the same premises described in Book 6534
    27  of  Deeds  at Page 256 in the Rensselaer County Clerk's Office and being
    28  the same premises  in  the  2009  City  of  Troy  Assessment  Rolls  and
    29  90.78-3-2.1  In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,
    30  ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT)[.]; or
    31    (xiii) on such premises or business located on any  of  the  following
    32  fifteen parcels:
    33    PARCEL A
    34    All  that  Tract  or  Parcel  of Land, situate in the City of Buffalo,
    35  County of Erie and State of New York, being part of Inner Lot  No,  200,
    36  described as follows:
    37    Beginning  at  a  point in the west line of Ellicott Street where said
    38  west line is intersected by the southerly line of  said  Inner  Lot  No.
    39  200,  which point is one hundred eighty-nine and six tenths (189.6) feet
    40  south of the intersection of said west line of Ellicott Street with  the
    41  south line of Huron Street: running thence westerly along the south line
    42  of  said  Inner  Lot  No., 200, one hundred (100) feet: thence northerly
    43  parallel with Ellicott Street forty-eight and  five  hundredths  (48.05)
    44  feet:    thence easterly and at right angles to Ellicott Street eighteen
    45  and thirty-six hundredths (18.36) feet: thence southerly  one  (1)  foot
    46  more  or less to a division line of the northerly wall of building known
    47  as No. 338-342 Ellicott Street and southerly wall of building  known  as
    48  No.    346 Ellicott Street: thence easterly and at right angles to Elli-
    49  cott Street eighty-one and sixty-four hundredths  (81.64)  feet  to  the
    50  westerly  line  of  Ellicott Street: thence southerly along the westerly
    51  line of Ellicott Street forty-six  and  seventy-two  hundredths  (46.72)
    52  feet to the point or place of beginning.
    53    PARCEL B
    54    ALL  that  tract  or  parcel  of land, situate in the City of Buffalo,
    55  County of Erie and State of New York, being part of  Lot  Number  fifty-

        S. 1852                             4
 
     1  seven (57), Township eleven (11) and Range eight (8) of the Holland Land
     2  Company's Survey, bounded and described as follows:
     3    Beginning  at  a  point in the westerly line of Elmwood Avenue distant
     4  one hundred thirty-three (133) feet northerly from its intersection with
     5  the northerly line of Hodge Avenue; and running thence westerly at right
     6  angles to the westerly line of  Elmwood  Avenue,  one  hundred  thirteen
     7  (113)  feet;  thence  northerly  parallel with the said westerly line of
     8  Elmwood Avenue, thirty-four (34) feet; thence easterly at  right  angles
     9  to  the said westerly line of Elmwood Avenue, one hundred thirteen (113)
    10  feet to said westerly line of Elmwood Avenue; and thence southerly along
    11  said westerly line of Elmwood Avenue, thirty-four (34) feet to the place
    12  of beginning.
    13    PARCEL C
    14    All that certain plot, piece or parcel of land, with the buildings and
    15  improvements thereon erected, situate, lying and being in  the  City  of
    16  Buffalo,  County  of  Erie  and State of New York, being part of Lot No.
    17  fifty-one (51), Township eleven (11), Range eight  (8)  of  the  Holland
    18  Land Company's Survey, bounded and described as follows:
    19    BEGINNING  at the intersection of the east line of Delaware Avenue (99
    20  feet wide)  with the north line of Allen Street (62 feet  wide);  thence
    21  east  along the north line of Allen Street, 357.38 feet to the west line
    22  of Franklin Street (86 feet wide); thence north along the west  line  of
    23  Franklin  Street,  55.07 feet to the south line of lands conveyed to the
    24  City of Buffalo Urban Renewal Agency by a  deed  recorded  in  the  Erie
    25  County  Clerk's  Office  in Liber 9394 of Deeds at page 279; thence west
    26  along said south line, 17.10 feet to  an  angle  point  in  said  lands;
    27  thence  continuing  west along the south line of said lands, 161.43 feet
    28  to the center line of the block between  Franklin  Street  and  Delaware
    29  Avenue; thence continuing west along the south line of said lands 174.25
    30  feet  to  the  east line of Delaware Avenue, thence south along the east
    31  line of Delaware Avenue, 97.32 feet to the point of beginning.
    32    PARCEL D
    33    All that Tract or Parcel of Land, situate  in  the  City  of  Buffalo,
    34  County of Erie and State of New York, being part of Lot No. 48, Township
    35  11,  Range  8  of  the  Holland  Land  Company's Survey, and bounded and
    36  described as follows:
    37    BEGINNING at a point in the westerly  line  of  Elmwood  Avenue  at  a
    38  distance of 384 feet north of the point of intersection of the said line
    39  of Elmwood Avenue with the northerly line of Bird Avenue; running thence
    40  westerly  parallel  with Bird Avenue 150 feet; thence northerly parallel
    41  with said line of Elmwood Avenue to the southerly line of  land  hereto-
    42  fore conveyed by the Byers Building Company to Guy W. Hinckley and Mari-
    43  an  Hinckley, his wife, by deed dated September 1, 1918, and recorded in
    44  Erie County Clerk's Office in Liber 1368 of Deeds at Page 600, September
    45  14, 1918; thence easterly along the southerly line of land  so  conveyed
    46  to  said  Guy W. Hinckley and Marian Hinckley, his wife, 150 feet to the
    47  said line of Elmwood Avenue; and running  thence  southerly  along  said
    48  line  of Elmwood Avenue about 32.24 feet to the point or place of begin-
    49  ning.
    50    PARCEL E
    51    All that certain plot, piece or parcel of land, with the buildings and
    52  improvements thereon erected, situate in the Village  of  Williamsville,
    53  Town of Amherst, County of Erie and State of New York, being part of Lot
    54  Number  one (1), Twelve (12), Range seven (7) of the Holland Land Compa-
    55  ny's Survey, bounded and described as follows:

        S. 1852                             5
 
     1    BEGINNING at the point of intersection of the northerly line  of  Main
     2  Street  and the easterly line of Furnace Street now known as East Spring
     3  Street, thence easterly along said northerly line of Main Street  thirty
     4  (30) feet thence northerly at right angles thirty (30) feet to the east-
     5  erly  line  of  East  Spring Street thence southerly along said easterly
     6  line of East Spring Street one hundred  thirty-two  (132)  feet  to  the
     7  place of beginning.
     8    PARCEL F
     9    ALL  THAT  CERTAIN  PLOT,  PIECE  OR PARCEL OF LAND situate, lying and
    10  being in the Town of Clarence, County of Erie and  State  of  New  York,
    11  being  part  of  Lot 12, Section 13, Township 12, Range 6 of the Holland
    12  Land Company's Survey and more particularly described as follows:
    13    BEGINNING at the southeast corner of Lot 12, Section 13;
    14    THENCE north 87 degrees 22 minutes 20 seconds  west  along  the  south
    15  line  of  Lot 12, said line being northerly right of way of Main Street,
    16  as laid out 99.00 feet in width, 1227.54 feet to  a  point,  said  point
    17  being  the  intersection  of  the  south line of Lot 12 and the easterly
    18  right of way of Transit Road as shown on Transit Acquisition Map Part 1,
    19  S.H. 88, Map 3, Parcel 3;
    20    THENCE north 00 degrees 12 minutes 50 seconds east along the  easterly
    21  right  of  way  of  Transit  Road,  said line also being parallel to and
    22  67,000 feet at right angles easterly of the west line of Lot 12, 1202.82
    23  feet to a point;
    24    THENCE south 89 degrees 47 minutes 10 seconds east along a line,  said
    25  line  being  at  right  angles to the previous course, 1235.48 feet to a
    26  point, said point lying on the east line of Lot 12;
    27    THENCE south 00 degrees 37 minutes 10 seconds west along the east line
    28  of Lot 12, 1254.57 feet to the point or place of beginning.
    29    EXCEPTING AND RESERVING  from  the  foregoing  that  piece  or  parcel
    30  described as follows:
    31    BEGINNING  at  a  point  in the south line of Lot 12, said point being
    32  67.06 feet southeasterly of the southwest corner of Lot 12;
    33    THENCE north 00 degrees 12 minutes 50 seconds east along the  existing
    34  right of way of Transit Road, 200.00 feet to a point;
    35    THENCE south 87 degrees 22 minutes 20 seconds east along a line paral-
    36  lel to the south line of Lot 12, 200.00 feet to a point;
    37    THENCE south 00 degrees 12 minutes 50 seconds west along a line paral-
    38  lel to the west line of Lot 12, 200.00 feet to a point, said point being
    39  on the south line of Lot 12;
    40    THENCE  north  87  degrees  22 minutes 20 seconds west along the south
    41  line of Lot 12, 200.00 feet to the point or place of beginning.
    42    EXCEPTING AND RESERVING that part  of  the  above  described  premises
    43  appropriated by The People of the State of New York for highway purposes
    44  by Notice of Appropriation recorded in the Erie County Clerk's Office in
    45  Liber  10926 of Deeds at page 8401 and designated as Map No. 107, Parcel
    46  No. 107.
    47    PARCEL G
    48    ALL THAT TRACT OR PARCEL OF LAND, situated in the  Town  of  Clarence,
    49  County  of Erie and State of New York, being part of Lot No. 12, Section
    50  13, Township 12, Range 6 of the Holland Land Company's  Survey,  bounded
    51  and described as follows:
    52    COMMENCING  at the point of intersection between the easterly boundary
    53  line of Transit Road (as a street 100 feet wide) and the southerly  line
    54  of lands conveyed to Sears, Roebuck and Co. by deed recorded in the Erie
    55  County Clerk's Office in Liber 7587 of Deeds at page 264; thence easter-
    56  ly  along  the southerly line of lands so conveyed to Sears, Roebuck and

        S. 1852                             6
 
     1  Co., 555 feet to a point; thence southerly along a course  which  is  at
     2  right angles to the last described course, 150 feet to a point, which is
     3  the point or place of beginning; thence easterly along a course which is
     4  at  right  angles  to the last described course, 286.11 feet to a point;
     5  thence northeasterly along a course which is at  an  interior  angle  of
     6  205° 58', 28.55 feet to a point; thence easterly at an exterior angle of
     7  205°  53' and along a line drawn parallel to the southerly line of lands
     8  so conveyed to Sears, Roebuck and Co., 45.68 feet  to  a  point;  thence
     9  southwesterly  at  an interior angle of 25° 58', 175.14 feet to a point;
    10  thence southerly at an exterior angle of  115°  58',  38.99  feet  to  a
    11  point;  thence  westerly  along a course which is at right angles to the
    12  last described course, said cource being along a line drawn parallel  to
    13  the  southerly  line of lands so conveyed to Sears, Roebuck and Co., 200
    14  feet to a point; thence northerly along  a  course  which  is  at  right
    15  angles  to  the last described course, 103.17 feet to the point or place
    16  of beginning, containing .58 acre, more or less.
    17    PARCEL H
    18    ALL THAT TRACT OR PARCEL OF LAND situate  in  the  Town  of  Clarence,
    19  County  of Erie and State of New York, being part of Lot No. 12, Section
    20  13, Township 12, Range 6 of the Holland  Land  Company's  Survey,  being
    21  more particularly bounded and described as follows:
    22    BEGINNING at the intersection of the easterly line of Transit Road, as
    23  presently  laid  out,  and  the  northerly line of lands conveyed to the
    24  Atlantic Refining & Marketing Corp., as  recorded  in  the  Erie  County
    25  Clerk's  Office  under Liber 9519 of Deeds at page 625; Thence northerly
    26  along the easterly line of Transit Road a distance of 162.73 feet to  an
    27  angle point therein; Thence continuing northerly along the easterly line
    28  of  Transit Road at an exterior angle of 179°00'35" a distance of 177.50
    29  feet to a point; Thence easterly along a line at an  interior  angle  of
    30  90°00'00" a distance of 274.00 feet to a point; Thence southerly along a
    31  line  at  an  interior  angle of 90°00'00" a distance of 55.00 feet to a
    32  point; Thence southwesterly  along  a  line  at  an  interior  angle  of
    33  157°46'55"  a distance of 172.50 feet to a point; Thence southerly along
    34  a line at an exterior angle of 158°35'37" a distance of 138.00 feet to a
    35  point; Thence westerly along a line at an interior  angle  of  87°24'24"
    36  along the northerly line of said lands conveyed to the Atlantic Refining
    37  &  Marketing Corp., and its easterly extension a distance of 210.00 feet
    38  to the point of beginning, containing 1.87 acres more or less.
    39    PARCEL I
    40    ALL THAT TRACT OR PARCEL OF LAND situate  in  the  Town  of  Clarence,
    41  County  of Erie and State of New York, being part of Lot No. 12, Section
    42  13, Township 12, Range 6 of the Holland  Land  Company's  Survey,  being
    43  more particularly bounded and described as follows;
    44    COMMENCING  at  the intersection of the easterly line of Transit Road,
    45  as presently laid out, and the southerly line of lands conveyed to Sears
    46  Roebuck and Co., as recorded in the Erie  County  Clerk's  Office  under
    47  Liber  7587  of  Deeds  at page 264; Thence easterly along the southerly
    48  line of said lands conveyed to Sears  Roebuck  and  Co.  a  distance  of
    49  598.97  feet to the Point of Beginning; Thence easterly continuing along
    50  the southerly line of said lands conveyed to Sears  Roebuck  and  Co.  a
    51  distance  of 387.86 feet to a point; Thence southerly along a line at an
    52  interior angle of 90°00'00" a distance of 138.00 feet to a point; Thence
    53  westerly along a line at an interior angle of 90°00'00"  a  distance  of
    54  174.00 feet to a point; Thence northwesterly along a line at an interior
    55  angle of 159°23'23" a distance of 51.14 feet to a point; Thence westerly
    56  along  a  line  at  an exterior angle of 159°23'23" a distance of 166.00

        S. 1852                             7
 
     1  feet to a point; Thence northerly along a line at an interior  angle  of
     2  90°00'00"  a distance of 120.00 feet to the point of beginning, contain-
     3  ing 1.14 acres more or less.
     4    PARCEL J
     5    ALL  THAT  TRACT  OR  PARCEL  OF LAND situate in the Town of Clarence,
     6  County of Erie and State of New York, being part of Lot No. 12,  Section
     7  13,  Township  12,  Range  6 of the Holland Land Company's Survey, being
     8  more particularly bounded and described as follows;
     9    BEGINNING at a point in  the  southeasterly  corner  of  Lot  No.  12,
    10  Section  13,  said  point  being  a  point in the northerly line of Main
    11  Street (99 feet wide); Thence northerly along the east line of said  Lot
    12  No. 12, Section 13 a distance of 1254.57 feet to a point in the souther-
    13  ly  line  of  lands conveyed to Sears Roebuck and Co. as recorded in the
    14  Erie County Clerk's Office under Liber 7587 of Deeds at page 264; Thence
    15  westerly along the southerly  line  of  said  lands  conveyed  to  Sears
    16  Roebuck  and  Co. at an interior angle of 89°35'15" a distance of 209.58
    17  feet to a point; Thence southerly along a line at an interior  angle  of
    18  90°00'00"  a  distance  of  124.54  feet to a point of curvature; Thence
    19  southwesterly along a curved line to the right having a radius of  90.00
    20  feet  an  arc  distance  of  109.23  feet to a point of tangency; Thence
    21  southwesterly along a tangent line a distance of 103.99 feet to a  point
    22  of  curvature; Thence southerly along a curved line to the left having a
    23  radius of 50.84 feet an arc distance of 62.65 feet to a point of tangen-
    24  cy; Thence southerly along a tangent line a distance of 159.23 feet to a
    25  point; Thence southeasterly  along  a  line  at  an  interior  angle  of
    26  149°33'11"  a  distance  of 211.02 feet to a point; Thence southeasterly
    27  along a line at an exterior angle of 157°25'48"  a  distance  of  157.33
    28  feet  to a point; Thence southeasterly along a line at an interior angle
    29  of 163°12'34" a distance of 113.80 feet to  a  point;  Thence  southerly
    30  along  a  line  at  an exterior angle of 151°38'46" a distance of 183.05
    31  feet to a point; Thence southwesterly along a line at an exterior  angle
    32  of  134°05'32"  a  distance  of  47.82 feet to a point; Thence southerly
    33  along a line at an interior angle of 133°52'57"  a  distance  of  138.65
    34  feet  to a point in the northerly line of said Main Street; Thence east-
    35  erly along the northerly line of said Main Street at an  interior  angle
    36  of  90°00'00"  a  distance  of  252.79  feet  to the point of beginning,
    37  containing 7.93 acres more or less.
    38    PARCEL K
    39    ALL THAT TRACT OR PARCEL OF LAND, situate in  the  Town  of  Clarence,
    40  County  of Erie and State of New York, being part of Lot No. 12, Section
    41  13, Township 12, Range 6 of the Holland  Land  Company's  Survey,  being
    42  more particularly bounded and described as follows:
    43    BEGINNING at the intersection of the easterly line of Transit Road, as
    44  presently  laid  out,  and  the  northerly line of lands conveyed to the
    45  Atlantic Refining & Marketing Corp.  as  recorded  in  the  Erie  County
    46  Clerk's  Office  under Liber 9519 of Deeds at page 625; thence northerly
    47  along the easterly line of Transit Road a distance of 162.73 feet to  an
    48  angle point therein; thence continuing northerly along the easterly line
    49  of  Transit  Road  at  an  exterior  angle of 179° 00' 35" a distance of
    50  177.50 feet to a point; thence easterly along  a  line  at  an  interior
    51  angle of 90° 00' 00" a distance of 274.00 feet to a point; thence south-
    52  erly  along  a  line  at  an interior angle of 90° 00' 00" a distance of
    53  55.00 feet to a point; thence southwesterly along a line at an  interior
    54  angle  of 157°46'55" a distance of 172.50 feet to a point; thence south-
    55  erly along a line at an exterior angle of 158° 35'  37"  a  distance  of
    56  138.00  feet  to  a  point;  thence westerly along a line at an interior

        S. 1852                             8
 
     1  angle of 87° 24' 24" along the northerly line of said lands conveyed  to
     2  the  Atlantic  Refining  &  Marketing Corp. and its easterly extension a
     3  distance of 210.00 feet to the point of beginning.
     4    TOGETHER  WITH  the benefits of a Declaration of Easements made by the
     5  Town of Clarence,  Erie  County,  Industrial  Development  Agency  dated
     6  August  7,  2007 and recorded August 10, 2007 in Liber 11133 of Deeds at
     7  page 338.
     8    PARCEL L
     9    ALL THAT TRACT OR PARCEL OF LAND, situate in  the  Town  of  Clarence,
    10  County  of Erie and State of New York, being part of Lot No. 12, Section
    11  13, Township 12, Range 6 of the Holland  Land  Company's  Survey,  being
    12  more particularly bounded and described as follows:
    13    COMMENCING  at  the intersection of the easterly line of Transit Road,
    14  as presently laid out, and the southerly line of lands conveyed to Sears
    15  Roebuck and Co. as recorded in the  Erie  County  Clerk's  Office  under
    16  Liber  7587  of  Deeds  at Page 264; thence easterly along the southerly
    17  line of said lands conveyed to Sears  Roebuck  and  Co.  a  distance  of
    18  598.97  feet to the Point of Beginning ;thence easterly continuing along
    19  the southerly line of said lands conveyed to Sears  Roebuck  and  Co.  a
    20  distance  of 387.86 feet to a point; thence southerly along a line at an
    21  interior angle of 90° 00' 00" a distance of  138.00  feet  to  a  point;
    22  thence  westerly  along  a  line  at  an interior angle of 90° 00' 00" a
    23  distance of 174.00 feet to a point; thence northwesterly along a line at
    24  an interior angle of 159° 23' 23" a distance of 51.14 feet to  a  point;
    25  thence  westerly  along  a  line  at an exterior angle of 159° 23' 23" a
    26  distance of 166.00 feet to a point; thence northerly along a line at  an
    27  interior  angle of 90° 00' 00" a distance of 120.00 feet to the point of
    28  beginning.
    29    TOGETHER WITH the benefits of a Declaration of Easements made  by  the
    30  Town  of  Clarence,  Erie  County,  Industrial  Development Agency dated
    31  August 7, 2007 and recorded August 10, 2007 in Liber 11133 of  Deeds  at
    32  page 338.
    33    PARCEL M
    34    ALL  THAT  TRACT  OR  PARCEL  OF LAND, situate in the City of Buffalo,
    35  County of Erie and State of New York, being part of Lot No. 51, Township
    36  11, Range 8 of the Holland Land Company's Survey, bounded and  described
    37  as follows:
    38    BEGINNING  at  a  point  in the northerly line of Allen Street 39 feet
    39  west of the intersection of said northerly line with the  westerly  line
    40  of  Park  Street;  thence  westerly  along  the  northerly line of Allen
    41  Street, 129 feet to a point; thence northerly at  right  angles  to  the
    42  northerly  line  of  Allen  Street, 130 feet to a point; thence easterly
    43  along a line parallel with the northerly line of Allen Street,  59  feet
    44  to a point; thence southerly along a line which intersects the northerly
    45  line of Allen Street at a right angle 30 feet to a point; thence easter-
    46  ly  along  a  line  parallel with the northerly line of Allen Street, 70
    47  feet to a point; thence southerly in a straight line  100  feet  to  the
    48  point of beginning.
    49    PARCEL N
    50    The  premises  which  are  the  subject of this agreement shall be the
    51  Delaware Park Casino, also know as the Marcy Casino,  and  includes  the
    52  area bounded on the South by the South line of the existing service road
    53  providing  access to the Casino and Rose Garden, on the West by the East
    54  right-of-way line of Lincoln Parkway, on the North by the Southerly edge
    55  of the promenade (does not include promenade), and on the East by a line
    56  approximately 30 feet East of the East wall of the Casino Structure.

        S. 1852                             9
 
     1    PARCEL O
     2    WHEREAS,  Subtenant desires to sublease a portion of the Park premises
     3  (hereinafter called "Premises or Leased Premises"), commonly known as  a
     4  part  of  the  first  floor of the Museum Building and adjacent exterior
     5  space; and
     6    The Park hereby agrees to sublease to Subtenant that  portion  of  the
     7  first floor of the Museum Building and adjoining outdoor space, together
     8  with  an area for storage (hereinafter Leased Premises), as described in
     9  Exhibit "A" and subject to City Department of Public  Works,  Parks  and
    10  Streets (hereinafter called "DPW") approvals as set forth herein.
    11    § 3. This act shall take effect immediately.
Go to top