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S06376 Summary:

S06376 Actions:

S06376 Floor Votes:

S06376 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6376
 
                    IN SENATE
 
                                    January 21, 2014
                                       ___________
 
        Introduced  by  Sen.  SEWARD -- 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  the
          exemption of certain parcels of land
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Paragraph (a) of subdivision 1 of section 101 of the  alco-
     2  holic  beverage  control  law,  as  amended by chapter 22 of the laws of
     3  2011, is amended to read as follows:
     4    (a) Be interested directly or indirectly in  any  premises  where  any
     5  alcoholic  beverage is sold at retail; or in any business devoted wholly
     6  or partially to the sale of any alcoholic beverage at  retail  by  stock
     7  ownership,  interlocking  directors, mortgage or lien or any personal or
     8  real property, or by any other means. The provisions of  this  paragraph
     9  shall  not  apply  to (i) any such premises or business constituting the
    10  overnight lodging and resort facility located wholly within the  bounda-
    11  ries  of  the  town  of  North  Elba,  county of Essex, township eleven,
    12  Richard's survey, great  lot  numbers  two  hundred  seventy-eight,  two

    13  hundred  seventy-nine, two hundred eighty, two hundred ninety-eight, two
    14  hundred  ninety-nine,  three  hundred,  three  hundred  eighteen,  three
    15  hundred  nineteen,  three  hundred twenty, three hundred thirty-five and
    16  three hundred thirty-six, and township twelve, Thorn's survey, great lot
    17  numbers one hundred six and  one  hundred  thirteen,  as  shown  on  the
    18  Adirondack  map, compiled by the conservation department of the state of
    19  New York - nineteen hundred sixty-four  edition,  in  the  Essex  county
    20  atlas  at  page  twenty-seven in the Essex county clerk's office, Eliza-
    21  bethtown, New York, provided that such facility maintains not less  than
    22  two  hundred fifty rooms and suites for overnight lodging, (ii) any such
    23  premises or business  constituting  the  overnight  lodging  and  resort
    24  facility located wholly within the boundaries of that tract or parcel of

    25  land situate in the city of Canandaigua, county of Ontario, beginning at
    26  a  point  in  the northerly line of village lot nine where it meets with
    27  South Main Street, thence south sixty-nine  degrees  fifty-four  minutes
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13385-01-3
        S. 6376                             2
 
     1  west a distance of nine hundred sixteen and twenty-three hundredths feet
     2  to an iron pin; thence in the same course a distance of fourteen feet to
     3  an  iron pin; thence in the same course a distance of fourteen and four-
     4  tenths  feet  to  a  point;  thence  south  fifteen degrees thirty-eight
     5  minutes and forty seconds east a distance of four hundred forty-six  and

     6  eighty-seven  hundredths  feet  to  a  point;  thence south twenty-eight
     7  degrees thirty-seven minutes and fifty seconds east a  distance  of  one
     8  hundred  thirteen  and  eighty-four  hundredths  feet to a point; thence
     9  south eighty-five degrees and forty-seven minutes  east  a  distance  of
    10  forty-seven  and sixty-one hundredths feet to an iron pin; thence on the
    11  same course a distance of three hundred and sixty-five feet to  an  iron
    12  pin;  thence  north seventeen degrees twenty-one minutes and ten seconds
    13  east a distance of four hundred fifty-seven  and  thirty-two  hundredths
    14  feet  to  an  iron pin; thence north nineteen degrees and thirty minutes
    15  west a distance of two hundred and forty-eight feet to a  point;  thence
    16  north  sixty-nine  degrees and fifty-four minutes east a distance of two
    17  hundred eighty-four and twenty-six hundredths feet to  a  point;  thence

    18  north  nineteen degrees and thirty minutes west a distance of sixty feet
    19  to the point and place of beginning, provided that such  facility  main-
    20  tains  not  less  than one hundred twenty rooms and suites for overnight
    21  lodging, (iii) any such premises or business constituting the  overnight
    22  lodging  facility  located wholly within the boundaries of that tract or
    23  parcel of land situated in the borough of Manhattan, city and county  of
    24  New  York,  beginning  at  a  point on the northerly side of west fifty-
    25  fourth street at a point one hundred feet easterly from the intersection
    26  of the said northerly side of west fifty-fourth street and the  easterly
    27  side  of  seventh avenue; running thence northerly and parallel with the
    28  easterly side of seventh avenue one hundred  feet  five  inches  to  the
    29  center  line of the block; running thence easterly and parallel with the

    30  northerly side of west fifty-fourth street and along the center line  of
    31  the  block  fifty feet to a point; running thence northerly and parallel
    32  with the easterly side of seventh avenue one hundred feet five inches to
    33  the southerly side of west fifty-fifth street at  a  point  distant  one
    34  hundred  fifty feet easterly from the intersection of the said southerly
    35  side of west fifty-fifth street and the easterly side of seventh avenue;
    36  running thence easterly along the southerly  side  of  west  fifty-fifth
    37  street thirty-one feet three inches to a point; running thence southerly
    38  and  parallel  with  the easterly side of the seventh avenue one hundred
    39  feet five inches to the center line of the block; running thence easter-
    40  ly along the center line of the block and parallel  with  the  southerly
    41  side of west fifty-fifth street, one hundred feet; running thence north-

    42  erly  and  parallel with the easterly side of seventh avenue one hundred
    43  feet five inches to the  southerly  side  of  west  fifty-fifth  street;
    44  running  thence  easterly  along  the southerly side of west fifty-fifth
    45  street twenty-one feet ten and  one-half  inches  to  a  point;  running
    46  thence  southerly  and parallel with the easterly side of seventh avenue
    47  one hundred feet five inches to the center line of  the  block;  running
    48  thence westerly along the center line of the block and parallel with the
    49  northerly  side  of west fifty-fourth street three feet one and one-half
    50  inches; running thence southerly and parallel with the easterly side  of
    51  seventh  avenue  one  hundred  feet five inches to the northerly side of
    52  west fifty-fourth street at a point distant three hundred feet  easterly
    53  from  the  intersection  of the said northerly side of west fifty-fourth

    54  street and the easterly side of seventh avenue; running thence  westerly
    55  and  along  the  northerly  side of west fifty-fourth street two hundred
    56  feet to the point or place of beginning,  provided  that  such  facility
        S. 6376                             3
 
     1  maintains  not  less  than four hundred guest rooms and suites for over-
     2  night lodging, (iv) any such premises or business located on that  tract
     3  or parcel of land, or any subdivision thereof, situate in the Village of
     4  Lake Placid, Town of North Elba, Essex County, New York; it being also a
     5  part  of  Lot  No.   279, Township No. 11, Old Military Tract, Richard's
     6  Survey; it being also all of Lot No. 23 and part of Lot No. 22 as  shown
     7  and designated on a certain map entitled "Map of Building Sites for Sale
     8  by  B.R.  Brewster" made by G.T. Chellis C.E. in 1892; also being PARCEL

     9  No. 1 on a certain map of lands of Robert J. Mahoney and  wife  made  by
    10  G.C.  Sylvester, P.E.   & L.S.  # 21300, dated August 4, 1964, and filed
    11  in the Essex County Clerk's Office on August 27, 1964, and more  partic-
    12  ularly  bounded  and described as follows; BEGINNING at the intersection
    13  of the northerly bounds of Shore Drive (formerly Mirror Street) with the
    14  westerly bounds of Park Place (formerly Rider  Street)  which  point  is
    15  also  the  northeast corner of Lot No. 23, from thence South 21 50' East
    16  in the westerly bounds of Park Place a distance of  119  feet,  more  or
    17  less,  to  a lead plug in the edge of the sidewalk marking the southeast
    18  corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence
    19  South 68 00'50" West a distance of 50.05 feet to an  iron  pipe  set  in
    20  concrete  at  the  corner of Lots 23 and 22; from thence South 65 10'50"

    21  West a distance of 7.94 feet along the south line of Lot No.  22  to  an
    22  iron  pipe  for  a corner; from thence North 23 21'40" West and at 17.84
    23  feet along said line passing over a drill hole in a  concrete  sidewalk,
    24  and  at  68.04 feet further along said line passing over an iron pipe at
    25  the southerly edge of another sidewalk, and at 1.22 feet  further  along
    26  said  line  passing  over  another  drill  hole  in  a sidewalk, a total
    27  distance of 119 feet, more or less, to the northerly line  of  Lot.  No.
    28  22;  from  thence easterly in the northerly line of Lot 22 and 23 to the
    29  northeast corner of Lot No. 23 and the point of beginning. Also  includ-
    30  ing the lands to the center of Shore Drive included between the norther-
    31  ly  straight  line continuation of the side lines of the above described
    32  parcel, and to the center of Park  Place,  where  they  abut  the  above

    33  described premises SUBJECT to the use thereof for street purposes. Being
    34  the  same  premises  conveyed  by Morestuff, Inc. to Madeline Sellers by
    35  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    36  July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any  such  premises
    37  or  business  located  on  that  certain piece or parcel of land, or any
    38  subdivision thereof, situate, lying and being in  the  Town  of  Platts-
    39  burgh,  County of Clinton, State of New York and being more particularly
    40  bounded and described as follows: Starting at an iron pipe found in  the
    41  easterly  bounds of the highway known as the Old Military Turnpike, said
    42  iron pipe being located 910.39 feet southeasterly, as measured along the
    43  easterly bounds of said highway, from the southerly bounds of the  road-
    44  way  known  as  Industrial Parkway West, THENCE running S 31   54' 33" E

    45  along the easterly bounds  of  said  Old  Military  Turnpike  Extension,
    46  239.88  feet  to a point marking the beginning of a curve concave to the
    47  west; thence southerly along said curve, having a radius of 987.99 feet,
    48  248.12 feet to an iron pipe found marking the point of beginning for the
    49  parcel herein being described, said  point  also  marked  the  southerly
    50  corner  of  lands  of  Larry  Garrow, et al, as described in Book 938 of
    51  Deeds at page 224; thence N 07  45' 4" E along the  easterly  bounds  of
    52  said  Garrow,  748.16  feet  to  a  3"x4"  concrete monument marking the
    53  northeasterly corner of said Garrow, the  northwesterly  corner  of  the
    54  parcel  herein being described and said monument also marking the south-
    55  erly bounds of lands of Salerno Plastic Corp. as described in  Book  926
    56  of  Deeds  at  Page  186;  thence S 81  45' 28" E along a portion of the

        S. 6376                             4
 
     1  southerly bounds of said Salerno Plastic Corp., 441.32 feet to  an  iron
     2  pin  found  marking  the northeasterly corner of the parcel herein being
     3  described and also marking the northwest corner of the  remaining  lands
     4  now  or  formerly owned by said Marx and Delaura; thence S 07  45' 40" W
     5  along the Westerly bounds of lands now of  formerly  of  said  Marx  and
     6  DeLaura  and  along  the  easterly  bounds  of  the  parcel herein being
     7  described, 560.49 feet to an iron pin; thence N 83  43' 21"  W  along  a
     8  portion  of  the remaining lands of said Marx and DeLaura, 41.51 feet to
     9  an iron pin; thence S 08  31' 30" W, along a portion  of  the  remaining
    10  lands  of  said  Marx  and  Delaura,  75.01  feet to an iron pin marking
    11  northeasterly corner of lands currently owned by the Joint  Council  for

    12  Economic   Opportunity  of  Plattsburgh  and  Clinton  County,  Inc.  as
    13  described in Book 963 of Deeds at Page 313; thence N 82  20' 32" W along
    14  a portion of the northerly bounds of said J.C.E.O., 173.50  feet  to  an
    15  iron pin; thence 61  21' 12" W, continuing along a portion of the north-
    16  erly  bounds  of said J.C.E.O., 134.14 feet to an iron pin; thence S 07 
    17  45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron
    18  pin; thence S 66  48' 56" W along a portion of the northerly  bounds  of
    19  remaining  lands  of  said Marx and DeLaura, 100.00 feet to an iron pipe
    20  found on the easterly bounds of the aforesaid highway,  said  from  pipe
    21  also  being  located  on a curve concave to the west; thence running and
    22  running northerly along the easterly bounds of the aforesaid highway and
    23  being along said curve, with the curve having a radius of  987.93  feet,

    24  60.00 feet to the point of beginning and containing 6.905 acres of land.
    25  Being  the  same  premises  as conveyed to Ronald Marx and Alice Marx by
    26  deed of CIT Small Business Lending Corp., as agent of the administrator,
    27  U.S. Small Business Administration,  an  agency  of  the  United  States
    28  Government  dated  September  10, 2001 and recorded in the office of the
    29  Clinton County Clerk on September 21, 2001  as  Instrument  #135020;  or
    30  (vi)  any such premises or business located on the west side of New York
    31  state route 414 in military lots 64 and 75  located  wholly  within  the
    32  boundaries of that tract or parcel of land situated in the town of Lodi,
    33  county  of  Seneca  beginning at an iron pin on the assumed west line of
    34  New York State Route 414 on the apparent north line of  lands  reputedly
    35  of  White  (lib.  420,  page  155); said iron pin also being northerly a

    36  distance of 1200 feet more or less from the centerline of  South  Miller
    37  Road;  Thence leaving the point of beginning north 85-17'-44" west along
    38  said lands of White a distance of 2915.90 feet to  an  iron  pin  Thence
    39  north 03-52'-48" east along said lands of White, passing through an iron
    40  pin 338.36 feet distant, and continuing further along that same course a
    41  distance  of 13.64 feet farther, the total distance being 352.00 feet to
    42  a point in the assumed centerline of Nellie Neal Creek; Thence in gener-
    43  ally a north westerly direction  the  following  courses  and  distances
    44  along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west
    45  a  distance  of 189.56 feet to a point; north 63-40'-00" west a distance
    46  of 156.00 feet to a point; north 49-25'-00" west  a  distance  of  80.00
    47  feet  to  a  point;  south 80-21'-00" west a distance of 90.00 feet to a

    48  point; north 72-03'-00" west a distance of 566.00 feet to a point; north
    49  68-15'-00" west a distance of 506.00 feet to a point;  north  55-16'-00"
    50  west  a  distance  of  135.00  feet  to a point; south 69-18'-00" west a
    51  distance of 200.00 feet to a point; south 88-00'-00" west a distance  of
    52  170.00  feet  to a point on a tie line at or near the high water line of
    53  Seneca Lake; Thence north 25-17'-00" east along said tie line a distance
    54  of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands
    55  reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
    56  an iron pin; Thence north 06-56'-47" east along said lands of M.  Wagner
        S. 6376                             5
 
     1  a  distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east
     2  along lands reputedly of Schneider (lib. 429, page  37)  a  distance  of

     3  50.10  feet  to  an  iron pipe; Thence north 07-49'-11" east along lands
     4  reputedly  of  Oney  (lib.  484, page 24) a distance of 50.00 feet to an
     5  iron pipe; Thence north 82-29'-40" west  along  said  lands  of  Oney  a
     6  distance  of  95.30  feet  to  an iron pipe on a tie line at or near the
     7  highwater line of Seneca Lake; Thence north 08-15'-22" east  along  said
     8  tie  line  a  distance  of  25.00  feet  to  an  iron  pin; Thence south
     9  82-28'-00" east along lands reputedly of  Yu  (lib.  405,  page  420)  a
    10  distance  of  96.53  feet  to an iron pipe; Thence north 34-36'-59" east
    11  along said lands of Yu a distance of  95.00  feet  to  a  point  in  the
    12  assumed  centerline  of  Van Liew Creek; Thence in generally an easterly
    13  direction the following courses and distances along the assumed  center-
    14  line  of Van Liew Creek; north 72-46'-37" east a distance of 159.98 feet

    15  to a point; north 87-53'-00" east a distance of 94.00 feet to  a  point;
    16  south  71-12'-00"  east  a  distance  of  52.00  feet  to a point; south
    17  84-10'-00" east a distance of 158.00 feet to a point;  south  59-51'-00"
    18  east  a  distance  of  160.00  feet  to a point; south 83-29'-00" east a
    19  distance of 187.00 feet to a point; Thence north 01-33'-40"  east  along
    20  lands  reputedly  of Hansen (lib. 515, page 205) passing through an iron
    21  pipe 32.62 feet distant, and continuing further along that  same  course
    22  passing  through  an  iron pin 205.38 feet farther, and continuing still
    23  further along that same course a distance of  21.45  feet  farther,  the
    24  total  distance  being 259.45 feet to the assumed remains of a White Oak
    25  stump; Thence north 69-16'-11" east along lands  reputedly  of  Schwartz
    26  (lib.  374, page 733) being tie lines along the top of the south bank of

    27  Campbell Creek a distance of  338.00  feet  to  a  point;  Thence  south
    28  57-17'32" east along said tie line a distance of 136.60 feet to a point;
    29  Thence  south  74-45'-00"  east along said tie line a distance of 100.00
    30  feet to an iron pin; Thence north 04-46'-00" east along  said  lands  of
    31  Schwartz  a distance of 100.00 feet to a point in the assumed centerline
    32  of Campbell Creek; Thence in generally an easterly direction the follow-
    33  ing courses and distances  along  the  assumed  centerline  of  Campbell
    34  Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north
    35  76-53'-00"  east  a  distance of 180.00 feet to a point; north 83-05'00"
    36  east a distance of 230.00 feet to  a  point;  south  66-44'-00"  east  a
    37  distance  of  90.00 feet to a point; south 81-10'-00" east a distance of
    38  240.00 feet to a point; south 45-29'-15" east a distance of  73.18  feet

    39  to  a point; Thence south 05-25'-50" west along lands reputedly of Stan-
    40  ley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point  on
    41  the  assumed north line of Military Lot 75; Thence south 84-34'-10" east
    42  along said lands of Wagner and the assumed north line of Military Lot 75
    43  a distance of 1195.06 feet to an iron pin; Thence south  O6-57'52"  west
    44  along  said  lands  of M. Wagner (lib. 414, page 267) passing through an
    45  iron pin 215.58 feet distant, and continuing  further  along  that  same
    46  course a distance of 20.59 feet farther, the total distance being 236.17
    47  feet  to  a point in the assumed centerline of Campbell Creek; Thence in
    48  generally a south easterly direction the following course and  distances
    49  along  the assumed centerline of Campbell Creek; north 78-23'-09" east a
    50  distance of 29.99 feet to a point; south 46-09'-15" east a  distance  of

    51  65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to
    52  a  point;  south  61-59'-50"  east a distance of 206.91 feet to a point;
    53  north 63-58'-27" east a  distance  of  43.12  feet  to  a  point;  south
    54  28-51'-21"  east  a  distance of 47.72 feet to a point; south 15-14'-08"
    55  west a distance of 33.42 feet  to  a  point;  south  79-16'-32"  east  a
    56  distance  of 255.15 feet to a point; south 62-19'-46" east a distance of
        S. 6376                             6
 
     1  75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to
     2  a point; north 82-12'55" east a distance of 86.00 feet to a point; south
     3  44-13'53" east a distance of 64.08 feet to  a  point;  north  67-52'-46"
     4  east  a  distance  of  73.98  feet  to  a point; north 88-13'-13" east a
     5  distance of 34.64 feet to a point on the assumed west line of  New  York

     6  State  Route  414;  Thence  south 20-13'-30" east along the assumed west
     7  line of New York State Route 414 a distance of 248.04 feet to a concrete
     8  monument; Thence south 02-10'-30" west along said road line  a  distance
     9  of  322.90  feet  to an iron pin; Thence 13-14'-50" west along said road
    10  line a distance of 487.41 feet to an iron pin, said iron pin  being  the
    11  point and place of beginning;
    12    Comprising  an  area  of  126.807  acres of land according to a survey
    13  completed by Michael D. Karlsen  entitled  "Plan  Owned  by  Stanley  A.
    14  Wagner" known as Parcel A of Job number 98-505.
    15    This  survey  is  subject  to  all utility easements and easements and
    16  right-of-ways of record which may affect the parcel of land.
    17    This survey is also subject to the rights of  the  public  in  and  to
    18  lands herein referred to as New York State Route 414.

    19    This  survey intends to describe a portion of the premises as conveyed
    20  by Ruth V. Wagner to Stanley A. Wagner by  deed  recorded  February  10,
    21  1989 in Liber 450 of deeds, at Page 286.
    22    This  survey  also  intends  to  describe a portion of the premises as
    23  conveyed by Stanley W. VanVleet to Stanley A. Wagner  by  deed  recorded
    24  April 30, 1980 in Liber 385 of Deeds, at Page 203.
    25   ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
    26  New  York State Route 414 in Military Lot 75 in the Town of Lodi, County
    27  of Seneca, State of New York bounded and described as follows:
    28    Beginning at an iron pin on the assumed east line of  New  York  State
    29  Route  414,  said  iron  pin  being  north 50-44'-57" east a distance of
    30  274.92 feet from the south east corner of  the  parcel  of  land  herein
    31  above  described;  Thence leaving the point of beginning north 00-26'01"

    32  east along a mathematical tie line a distance of 504.91 feet to an  iron
    33  pin;  Thence  south  37-00'-20" east along lands reputedly of Tomberelli
    34  (lib. 419, page 243) passing through an iron pin  176.00  feet  distant,
    35  and  continuing  further  along that same course a distance of 2.01 feet
    36  farther, the total distance being 178.01 feet to a point;  Thence  south
    37  09-03'-55"  west along lands reputedly of M. Wagner (lib. 491, page 181)
    38  a distance of 68.19 feet to an iron pipe; Thence south  15-36'-04"  west
    39  along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
    40  Thence south 72-04'-59" west along said lands of M. Wagner a distance of
    41  20.49  feet  to  an iron pin, said iron pin being the point and place of
    42  beginning.
    43    Comprising an area of 0.727  acre  of  lands  according  to  a  survey
    44  completed  by Michael D. Karlsen entitled "Plan of Land Owned by Stanley

    45  A. Wagner" known as Parcel B of job number 98-505.
    46    This survey is subject to all  utility  easements  and  easements  and
    47  right-of-ways of record which may affect this parcel of land.
    48    This  survey  is  also  subject  to the rights of the public in and to
    49  lands herein referred to as New York State Route 414.
    50    This survey intends to describe the same premises as conveyed by Henry
    51  W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
    52  to Stanley A. Wagner by deed recorded July 2, 1996 in  liber  542,  page
    53  92.
    54    This  survey  also  intends  to  describe a portion of the premises as
    55  conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded  Febru-
    56  ary  10, 1989 in Liber 450 of deeds, at Page 286. The provisions of this
        S. 6376                             7
 

     1  paragraph shall not apply to any premises  or  business  located  wholly
     2  within  the following described parcel: ALL THAT TRACT OR PARCEL OF LAND
     3  situate in the City of Corning, County of Steuben and State of New  York
     4  bounded  and  described  as follows: Beginning at an iron pin situate at
     5  the terminus of the westerly line of Townley Avenue at its  intersection
     6  with the southwesterly line of New York State Route 17; thence S 00  45'
     7  18"  E  along  the westerly line of Townley Avenue, a distance of 256.09
     8  feet to a point; thence S 89  02' 07" W through an iron pin placed at  a
     9  distance of 200.00 feet, a total distance of 300.00 feet to an iron pin;
    10  thence N 00  59' 17" W a distance of 47.13 feet to an iron pin; thence S
    11  89  02' 07" W a distance of 114.56 feet to a point situate in the south-
    12  east  corner  of  Parcel  A-2  as  set forth on a survey map hereinafter

    13  described; thence N 14  18' 49" E a distance of 124.40 feet to  an  iron
    14  pin  situate  at  the southeast corner of lands now or formerly of Cicci
    15  (Liber 923, Page 771); thence N 14  18' 49" E a distance of  76.46  feet
    16  to  an  iron  pin; thence N 00  57' 53" W a distance of 26.25 feet to an
    17  iron pin marking the southeast corner of parcel A-1 as set forth on  the
    18  hereinafter  described  survey map; thence N 00  58' 01" W a distance of
    19  166.00 to an iron pin situate at the northeast  corner  of  said  Parcel
    20  A-1,  which pin also marks the southeast corner of lands now or formerly
    21  of Becraft (Liber 1048, Page 1086); thence N 00  57' 53" W a distance of
    22  106.00 feet to an iron pin situate in the southerly line of lands now or
    23  formerly of the United States Postal Service; thence N  89   02'  07"  E
    24  along the southerly line of said United States Postal Service a distance

    25  of 81.47 feet to a point; thence N 14  18' 49" E along the easterly line
    26  of  said  United  States  Postal Service a distance of 114.29 feet to an
    27  iron pin situate in the southwesterly line of New York State  Route  17;
    28  thence  S  32   00' 31" E along the southwesterly line of New York State
    29  Route 17, a distance of 358.93 feet to an iron  pin;  thence  continuing
    30  along the southwesterly line of New York state Route 17, S 38  30' 04" E
    31  a  distance  of  108.18 feet to the iron pin marking the place of begin-
    32  ning. Said premises are set forth and shown as approximately 4.026 acres
    33  of land designated as Parcel A (excluding Parcels  A-1  and  A-2)  on  a
    34  survey map entitled "As-Built Survey of Lands of New York Inn, LLC, City
    35  of Corning, Steuben County, New York" by Weiler Associates, dated Decem-
    36  ber  27,  2001,  designated Job No. 12462; or (vii) any such premises or

    37  businesses located on that certain plot, piece or parcel of land,  situ-
    38  ate,  lying  and being in the Second Ward of the City of Schenectady, on
    39  the Northerly side of Union Street, bounded and described as follows: to
    40  wit; Beginning at the Southeasterly corner of the lands lately owned  by
    41  Elisha L. Freeman and now by Albert Shear; and running from thence East-
    42  erly  along  the line of Union Street, 44 feet to the lands now owned by
    43  or in the possession of James  G.  Van  Vorst;  thence  Northerly  in  a
    44  straight  line  along the last mentioned lands and the lands of the late
    45  John Lake, 102 feet to the lands of one Miss  Rodgers;  thence  Westerly
    46  along  the line of the last mentioned lands of said Rodgers to the lands
    47  of the said Shear; and thence Southerly along the lands  of  said  Shear
    48  101 feet, 6 inches to Union Street, the place of beginning.

    49    Also  all  that  tract  or parcel of land, with the buildings thereon,
    50  situate in the City of Schenectady, County of Schenectady, and State  of
    51  New  York,  situate  in  the First, formerly the Second Ward of the said
    52  City, on the Northerly side of  Union  Street,  which  was  conveyed  by
    53  William  Meeker  and  wife to Elisha L. Freeman by deed dated the second
    54  day of December 1843, and recorded in the Clerk's Office of  Schenectady
    55  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
    56  said  deed  is bounded and described as follows: Beginning at a point in
        S. 6376                             8
 
     1  the Northerly line of Union Street where it is intersected by the  East-
     2  erly  line  of  property  numbered  235  Union  Street,  which is hereby
     3  conveyed, and running thence Northerly along the Easterly line  of  said

     4  property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
     5  sixteen (16) feet Southerly from the Southerly line of  the  new  garage
     6  built  upon  land  adjoining on the North; thence Westerly parallel with
     7  said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
     8  One  Hundred Forty and Eight-tenths (140.8) feet to the Northerly margin
     9  of Union Street; thence Easterly along the  Northerly  margin  of  Union
    10  Street,  about  Forty-eight and three-tenths (48.3) feet to the point or
    11  place of beginning.
    12    The two above parcels are  together  more  particularly  described  as
    13  follows:
    14    All  that  parcel  of  land  in the City of Schenectady beginning at a
    15  point in the northerly margin  of  Union  Street  at  the  southwesterly
    16  corner  of lands now or formerly of Friedman (Deed Book 636 at page 423)

    17  which point is about 60 feet westerly of  the  westerly  line  of  North
    18  College  Street  and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the
    19  southeasterly corner of other lands now or formerly  of  Friedman  (Deed
    20  Book  798  at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the
    21  southwesterly corner of lands now or  formerly  of  Stockade  Associates
    22  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
    23  lands  now  or formerly of McCarthy (Deed Book 1129 at page 281); thence
    24  along McCarthy S. 00 deg. 52' 02" E.  3.69  feet  to  the  northwesterly
    25  corner  of lands now or formerly of SONYMA (Deed Book 1502 at page 621);
    26  thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;
    27  thence still along lands of SONYMA and lands now or  formerly  of  Magee
    28  (Deed  Book  399  at  page  165)  S.  86 deg. 11' 52" E. 42.57 feet to a

    29  corner; thence still along lands of Magee and Lands  of  Friedman  first
    30  above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of begin-
    31  ning.
    32    Excepting  and  reserving  all  that portion of the above parcel lying
    33  easterly of a line described as follows:
    34    All that tract or parcel of land, situated in the City of  Schenectady
    35  and  County  of Schenectady and State of New York, on the Northerly side
    36  of Union Street bounded and described as follows:
    37    Beginning at a point in the northerly line of Union Street, said point
    38  being in the division line between lands now  or  formerly  of  Electric
    39  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    40  formerly  of  Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
    41  under Will of Ruth F. Wexler (Street number 241  Union  Street)  on  the

    42  East;  thence  North  03  deg. 04' 10" East, along the building known as
    43  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    44  North 88 deg. 45' 45" West, along said  building  and  building  eve,  a
    45  distance  of  5.62  feet  to a point; thence North 03 deg. 03' 30" East,
    46  along said building eve of Street No. 241 Union Street,  a  distance  of
    47  32.74  feet; thence South 88 deg. 45' 45" East, along said building eve,
    48  a distance of 1.2 feet to an intersection of building corner  of  Street
    49  No.  241  Union  Street  and  a brick wall; thence north 03 deg. 37' 30"
    50  East, along said brick wall, a distance of 14.47 feet to a point in  the
    51  corner  of  the brick wall, thence South 86 deg. 46' 45" East along said
    52  brick wall a distance of 4.42 feet to the  intersection  of  brick  wall
    53  with  the boundary line between the Electric Brew Pubs, Inc. (aforesaid)

    54  on the West and lands of Margaret Wexler and Donna Lee Wexler  Pavlovic,
    55  (aforesaid)  on the East; thence North 03 deg 10' 08" East a distance of
        S. 6376                             9
 
     1  0.62 feet to the Northeast corner of lands belonging to Margaret  Wexler
     2  and Donna Lee Wexler Pavlovic.
     3    Also  all  that  tract  or  parcel of land commonly known as the Union
     4  Street School, located on the Northeasterly corner of  Union  and  North
     5  College  Streets in the First Ward of the City and County of Schenectady
     6  and State of New  York,  more  particularly  bounded  and  described  as
     7  follows:    Beginning  at  a point in the Northerly street line of Union
     8  Street where it is intersected by the  Easterly  street  line  of  North
     9  College Street, and runs thence Northerly along the Easterly street line

    10  of  North College Street, one hundred seven and five-tenths (107.5) feet
    11  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    12  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    13  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    14  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    15  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
    16  Northerly street line of Union Street; thence Westerly along the  North-
    17  erly street line of Union Street, one hundred twenty-four and fifty-five
    18  hundredths (124.55) feet to the point or place of beginning.
    19    The  above  described parcel of property includes the Blue Line parcel
    20  of land, which is a portion of the abandoned Erie Canal  Lands,  located
    21  in  the  First Ward of the City of Schenectady, New York, and which Blue

    22  Line parcel lies between the Northwesterly line of Erie Boulevard as set
    23  forth in the above described premises and the Northeasterly lot line  of
    24  the  old  Union Street School as it runs parallel with the Northwesterly
    25  line of Erie Boulevard as aforesaid.
    26    The two above parcels are  together  more  particularly  described  as
    27  follows: All that parcel of land in the City of Schenectady beginning at
    28  a  point  in  the northerly margin of Union Street and the northwesterly
    29  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
    30  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
    31  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
    32  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    33  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or

    34  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
    35  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
    36  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
    37  ning; or (viii) any such premises or businesses located on that tract or
    38  parcel of land situate in the Town of Hopewell, Ontario County, State of
    39  New York, bounded and described as follows: Commencing at a  5/8"  rebar
    40  found  on  the  division  line  between lands now or formerly of Ontario
    41  County - Finger Lakes Community College (Liber 698 of Deeds,  Page  466)
    42  on  the  north and lands now or formerly of James W. Baird (Liber 768 of
    43  Deeds, Page 1109) on the south; thence, North 43 -33'-40" West, on  said
    44  division  line,  a  distance  of  77.32  feet to the Point of Beginning.
    45  Thence, North 43 -33'-40" West, continuing on  said  division  line  and

    46  through  said  lands  of  Ontario County, a distance of 520.45 feet to a
    47  point on the southeasterly edge of an  existing  concrete  pad;  thence,
    48  South  74 -19'-53"  West, along said edge of concrete and the projection
    49  thereof, a distance of 198.78 feet to a point on the  easterly  edge  of
    50  pavement  of  an  existing  campus  drive; thence, the following two (2)
    51  courses and distances along said edge of pavement:  Northeasterly  on  a
    52  curve  to  the  left having a radius of 2221.65 feet, a chord bearing of
    53  North 30 -16'-39" East, a chord distance of 280.79, a central  angle  of
    54  07 -14'-47",  a  length  of 280.98 feet to a point of reverse curvature;
    55  thence, Northeasterly on a curve to the right having a radius of  843.42
    56  feet,  a  chord  bearing  of North 45 -25'-09" East, a chord distance of
        S. 6376                            10
 

     1  534.08, a central angle of 36 -55'-01", a length of  543.43  feet  to  a
     2  point;  thence,  South 30 -04'-59" East, a distance of 18.28 feet to the
     3  corner of the property acquired by Ontario County (Liber 766  of  Deeds,
     4  Page  1112),  as  shown  on a map recorded in the Ontario County Clerk's
     5  Office as Map No. 6313; thence,  the  following  four  (4)  courses  and
     6  distances  along  said property line: South 30 -04'-59" East, a distance
     7  of 177.17 feet to a point; thence, South 02 -20'-33" East, a distance of
     8  147.53 feet to a point; thence, South 41 -31'-35" East,  a  distance  of
     9  200.93 feet to a point; thence, South 23 -48'-53" West, along said prop-
    10  erty  line,  and the projection thereof, through the first said lands of
    11  Ontario County - Finger Lakes Community College  (Liber  698  of  Deeds,
    12  Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel

    13  containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled
    14  "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts
    15  Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01,
    16  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
    17  erties  are  shown  on  the Map denominated "FLCC Campus Property, FLPAC
    18  Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the
    19  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
    20  at  page  9 and are comprised of the areas separately labeled as Parking
    21  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the
    22  Entry  Roads;  or  (ix)  any such premises or businesses located on that
    23  tract or parcel of land situate lying and being in the Town of  Oneonta,

    24  County  of  Otsego  and  State of New York and being a portion of Otsego
    25  County Tax Map Department Parcel  Number  287.00-1-33  and  bounded  and
    26  described  as follows: Beginning at a point 2.12 feet off the northeast-
    27  erly corner of a one story building on the lands, now  or  formerly,  of
    28  Abner Doubleday, LLC, aka Cooperstown All Star Village, LLC, as owned by
    29  Martin  and  Brenda Patton, which point lies N 87 55'13" W a distance of
    30  149.37' from  the  northeast  corner  of  the  Patton  lands;  thence  N
    31  74 30'18"  W a distance of 51.50 feet to a point; thence S 15 29'42" W a
    32  distance of 2.00 feet to a point; thence N 74 30'18"  W  a  distance  of
    33  14.00  feet to a point; thence S 15 29'42" W a distance of 19.20 feet to

    34  a point; thence S 74 30'18" E a distance  of  14.20  feet  to  a  point;
    35  thence  S  15 29'42"  W  a distance of 4.20 feet; thence S 74 30'18" E a
    36  distance of 51.30 feet to a point; thence N 15 29'42" E  a  distance  of
    37  25.40 feet to a point to the point and place of beginning.
    38  Containing  an  area  of  1576.06  square feet, or 0.036 acres with such
    39  bearings referencing Magnetic North 1995.
    40  This survey is subject to any rights of way or easements which may  have
    41  been granted to utility companies.
    42    The  provisions  of  this  paragraph  shall  not apply to any premises
    43  licensed under section sixty-four of this chapter in which a manufactur-
    44  er or wholesaler holds a direct or indirect interest, provided that: (I)

    45  said premises consist of an  interactive  entertainment  facility  which
    46  predominantly   offers  interactive  computer  and  video  entertainment
    47  attractions, and other games and also offers themed merchandise and food
    48  and beverages, (II) the sale of alcoholic beverages within the  premises
    49  shall  be  restricted to an area consisting of not more than twenty-five
    50  percent of the total interior floor area  of  the  premises,  (III)  the
    51  retail  licenses  shall  derive  not less than sixty-five percent of the
    52  total revenue generated by the facility from  interactive  video  enter-
    53  tainment  activities  and other games, including related attractions and
    54  sales of merchandise other than food and alcoholic beverages,  (IV)  the
    55  interested  manufacturer  or wholesaler, or its parent company, shall be
    56  listed on a national securities exchange  and  its  direct  or  indirect

        S. 6376                            11
 
     1  equity  interest  in  the  retail  licensee shall not exceed twenty-five
     2  percent, (V) no more than fifteen percent of said  licensee's  purchases
     3  of  alcoholic  beverages  for  sale  in  the  premises shall be products
     4  produced  or distributed by the manufacturer or wholesaler, (VI) neither
     5  the name of the manufacturer or wholesaler nor the name of any brand  of
     6  alcoholic  beverage  produced  or  distributed  by  said manufacturer or
     7  wholesaler shall be part of the name of the premises, (VII) the name  of
     8  the  manufacturer or wholesaler or the name of products sold or distrib-
     9  uted by such manufacturer or  wholesaler  shall  not  be  identified  on
    10  signage  affixed  to either the interior or the exterior of the premises
    11  in any fashion, (VIII) promotions involving alcoholic beverages produced

    12  or distributed by the manufacturer or wholesaler are not  held  in  such
    13  premises  and further, retail and consumer advertising specialties bear-
    14  ing the name of the manufacturer or wholesaler or the name of  alcoholic
    15  beverages  produced or distributed by the manufacturer or wholesaler are
    16  not utilized in any fashion, given away or sold in  said  premises,  and
    17  (IX)  except  to the extent provided in this paragraph, the licensing of
    18  each premises covered by this exception is subject to all provisions  of
    19  section  sixty-four of this chapter, including but not limited to liquor
    20  authority approval of the specific location thereof.  The provisions  of
    21  this  paragraph  shall not prohibit (1) a manufacturer or wholesaler, if
    22  an individual, or a partner, of a partnership, or, if a corporation,  an
    23  officer or director thereof, from being an officer or director of a duly

    24  licensed  charitable  organization  which is the holder of a license for
    25  on-premises consumption under this chapter, nor (2) a manufacturer  from
    26  acquiring any such premises if the liquor authority first consents ther-
    27  eto  after  determining,  upon  such proofs as it shall deem sufficient,
    28  that such premises is  contiguous  to  the  licensed  premises  of  such
    29  manufacturer,  and  is  reasonably  necessary  for  the expansion of the
    30  facilities of such manufacturer. After any such acquisition, it shall be
    31  illegal for a manufacturer acquiring any such premises to sell or deliv-
    32  er alcoholic beverages manufactured by him  to  any  licensee  occupying
    33  such premises.
    34    §  2.  Subdivision 13 of section 106 of the alcoholic beverage control
    35  law, as amended by chapter 22 of the laws of 2011, is amended to read as
    36  follows:

    37    13. No retail licensee for on-premises  consumption  shall  be  inter-
    38  ested,  directly  or indirectly, in any premises where liquors, wines or
    39  beer are manufactured or sold at wholesale, by stock  ownership,  inter-
    40  locking  directors, mortgage or lien on any personal or real property or
    41  by any other means, except that liquors, wines or beer may  be  manufac-
    42  tured  or  sold  wholesale  by  the person licensed as a manufacturer or
    43  wholesaler thereof on real property  owned  by  an  interstate  railroad
    44  corporation  or  a  United  States  certificated  airline  with a retail
    45  license for on-premises consumption, or on premises or with respect to a
    46  business constituting an overnight lodging and resort  facility  located
    47  wholly within the boundaries of the town of North Elba, county of Essex,
    48  township  eleven, Richard's survey, great lot numbers two hundred seven-

    49  ty-eight, two hundred seventy-nine, two hundred eight, two hundred nine-
    50  ty-eight, two hundred ninety-nine, three hundred,  three  hundred  eigh-
    51  teen,  three  hundred  nineteen,  three  hundred  twenty,  three hundred
    52  thirty-five and three hundred thirty-six, and township  twelve,  Thorn's
    53  survey,  great  lot numbers one hundred six and one hundred thirteen, as
    54  shown on the Adirondack map, compiled by the conservation department  of
    55  the  state  of  New  York  - nineteen hundred sixty-four edition, in the
    56  Essex county atlas at page twenty-seven  in  the  Essex  county  clerk's
        S. 6376                            12
 
     1  office,  Elizabethtown,  New York, provided that such facility maintains
     2  not less than two hundred fifty rooms and suites for overnight  lodging,
     3  or  on  premises  or with respect to the operation of a restaurant in an

     4  office  building  located  in a city having a population of five hundred
     5  thousand or more and in which is located the licensed premises  of  such
     6  manufacturer  or wholesaler, provided that the building, the interior of
     7  the retail premise and the rental therefor fully comply with the  crite-
     8  ria  set  forth  in  paragraph  two  of subdivision three of section one
     9  hundred one of this article, any such premises or  business  located  on
    10  that tract or parcel of land, or any subdivision thereof, situate in the
    11  Village  of  Lake Placid, Town of North Elba, Essex County, New York; it
    12  being also a part of Lot No.  279, Township No. 11, Old Military  Tract,
    13  Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22
    14  as shown and designated on a certain map entitled "Map of Building Sites
    15  for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being

    16  PARCEL  No.  1  on  a certain map of lands of Robert J. Mahoney and wife
    17  made by G.C. Sylvester, P.E.  & L.S.  # 21300, dated August 4, 1964, and
    18  filed in the Essex County Clerk's Office on August 27,  1964,  and  more
    19  particularly  bounded  and described as follows; BEGINNING at the inter-
    20  section of the northerly bounds of Shore Drive (formerly Mirror  Street)
    21  with  the  westerly  bounds  of Park Place (formerly Rider Street) which
    22  point is also the northeast corner of Lot  No.  23,  from  thence  South
    23  21 50' East in the westerly bounds of Park Place a distance of 119 feet,
    24  more  or  less,  to  a lead plug in the edge of the sidewalk marking the
    25  southeast corner of Lot No. 23 and the northeast corner of Lot  No.  24;
    26  from  thence  South  68 00'50"  West a distance of 50.05 feet to an iron
    27  pipe set in concrete at the corner of Lots 23 and 22; from thence  South

    28  65 10'50"  West  a distance of 7.94 feet along the south line of Lot No.
    29  22 to an iron pipe for a corner; from thence North 23 21'40" West and at
    30  17.84 feet along said line passing over a drill hole in a concrete side-
    31  walk, and at 68.04 feet further along said line  passing  over  an  iron
    32  pipe at the southerly edge of another sidewalk, and at 1.22 feet further
    33  along  said  line passing over another drill hole in a sidewalk, a total
    34  distance of 119 feet, more or less, to the northerly line of Lot No. 22;
    35  from thence easterly in the northerly line of  Lot  22  and  23  to  the
    36  northeast  corner of Lot No. 23 and the point of beginning. Also includ-
    37  ing the lands to the center of Shore Drive included between the norther-
    38  ly straight line continuation of the side lines of the  above  described
    39  parcel,  and  to  the  center  of  Park Place, where they abut the above

    40  described premises SUBJECT to the use thereof for street purposes. Being
    41  the same premises conveyed by Morestuff, Inc.  to  Madeline  Sellers  by
    42  deed dated June 30, 1992, recorded in the Essex County Clerk's Office on
    43  July 10, 1992 in Book 1017 of Deeds at Page 318, or any such premises or
    44  business  located on that certain piece or parcel of land, or any subdi-
    45  vision thereof, situate, lying and being in  the  Town  of  Plattsburgh,
    46  County of Clinton, State of New York and being more particularly bounded
    47  and described as follows: Starting at an iron pipe found in the easterly
    48  bounds of the highway known as the Old Military Turnpike, said iron pipe
    49  being  located 910.39 feet southeasterly, as measured along the easterly
    50  bounds of said highway, from the southerly bounds of the  roadway  known
    51  as  Industrial  Parkway  West,  THENCE running S 31  54' 33" E along the

    52  easterly bounds of said Old Military Turnpike Extension, 239.88 feet  to
    53  a  point  marking  the  beginning of a curve concave to the west; thence
    54  southerly along said curve, having a radius of 987.99 feet, 248.12  feet
    55  to  an  iron  pipe  found  marking the point of beginning for the parcel
    56  herein being described, said point also marked the southerly  corner  of
        S. 6376                            13
 
     1  lands  of Larry Garrow, et al, as described in Book 938 of Deeds at page
     2  224; thence N 07  45' 4" E along the easterly  bounds  of  said  Garrow,
     3  748.16  feet  to  a  3"x4"  concrete  monument marking the northeasterly
     4  corner  of  said  Garrow,  the northwesterly corner of the parcel herein
     5  being described and said monument also marking the southerly  bounds  of
     6  lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page

     7  186;  thence  S 81  45' 28" E along a portion of the southerly bounds of
     8  said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the
     9  northeasterly corner of the parcel herein being described and also mark-
    10  ing the northwest corner of the remaining lands now or formerly owned by
    11  said Marx and Delaura; thence S 07  45' 40" W along the Westerly  bounds
    12  of lands now of formerly of said Marx and DeLaura and along the easterly
    13  bounds of the parcel herein being described, 560.49 feet to an iron pin;
    14  thence  N  83   43' 21" W along a portion of the remaining lands of said
    15  Marx and DeLaura, 41.51 feet to an iron pin; thence S  08   31'  30"  W,
    16  along  a  portion of the remaining lands of said Marx and Delaura, 75.01
    17  feet to an iron pin marking  northeasterly  corner  of  lands  currently
    18  owned  by  the Joint Council for Economic Opportunity of Plattsburgh and

    19  Clinton County, Inc. as described in Book 963  of  Deeds  at  Page  313;
    20  thence  N  82  20' 32" W along a portion of the northerly bounds of said
    21  J.C.E.O., 173.50 feet to an iron pin; thence 61  21' 12"  W,  continuing
    22  along a portion of the northerly bounds of said J.C.E.O., 134.14 feet to
    23  an  iron  pin;  thence S 07  45' 42" W along the westerly bounds of said
    24  J.C.E.O., 50 feet to an iron pin; thence S 66  48' 56" W along a portion
    25  of the northerly bounds of remaining lands of  said  Marx  and  DeLaura,
    26  100.00  feet  to an iron pipe found on the easterly bounds of the afore-
    27  said highway, said from pipe also being located on a  curve  concave  to
    28  the west; thence running and running northerly along the easterly bounds
    29  of  the  aforesaid  highway  and  being along said curve, with the curve
    30  having a radius of 987.93 feet, 60.00 feet to the point of beginning and

    31  containing 6.905 acres of land. Being the same premises as  conveyed  to
    32  Ronald  Marx and Alice Marx by deed of CIT Small Business Lending Corp.,
    33  as agent of the administrator, U.S. Small  Business  Administration,  an
    34  agency  of  the  United  States  Government dated September 10, 2001 and
    35  recorded in the office of the Clinton County Clerk on September 21, 2001
    36  as Instrument #135020, or any such premises  or  businesses  located  on
    37  that  certain plot, piece or parcel of land, situate, lying and being in
    38  the Second Ward of the City of Schenectady, on  the  Northerly  side  of
    39  Union Street, bounded and described as follows: to wit; Beginning at the
    40  Southeasterly  corner of the lands lately owned by Elisha L. Freeman and
    41  now by Albert Shear; and running from thence Easterly along the line  of
    42  Union  Street, 44 feet to the lands now owned by or in the possession of

    43  James G. Van Vorst; thence Northerly in a straight line along  the  last
    44  mentioned  lands  and  the  lands of the late John Lake, 102 feet to the
    45  lands of one Miss Rodgers; thence Westerly along the line  of  the  last
    46  mentioned  lands  of  said  Rodgers  to the lands of the said Shear; and
    47  thence Southerly along the lands of said Shear 101  feet,  6  inches  to
    48  Union Street, the place of beginning.
    49    Also  all  that  tract  or parcel of land, with the buildings thereon,
    50  situate in the City of Schenectady, County of Schenectady, and State  of
    51  New  York,  situate  in  the First, formerly the Second Ward of the said
    52  City, on the Northerly side of  Union  Street,  which  was  conveyed  by
    53  William  Meeker  and  wife to Elisha L. Freeman by deed dated the second
    54  day of December 1843, and recorded in the Clerk's Office of  Schenectady

    55  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
    56  said  deed  is bounded and described as follows: Beginning at a point in
        S. 6376                            14
 
     1  the Northerly line of Union Street where it is intersected by the  East-
     2  erly  line  of  property  numbered  235  Union  Street,  which is hereby
     3  conveyed, and running thence Northerly along the Easterly line  of  said
     4  property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
     5  sixteen (16) feet Southerly from the Southerly line of  the  new  garage
     6  built  upon  land  adjoining on the North; thence Westerly parallel with
     7  said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
     8  One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
     9  of  Union  Street;  thence  Easterly along the Northerly margin of Union

    10  Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
    11  place of beginning.
    12    The  two  above  parcels  are  together more particularly described as
    13  follows:
    14    All that parcel of land in the City  of  Schenectady  beginning  at  a
    15  point  in  the  northerly  margin  of  Union Street at the southwesterly
    16  corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
    17  which  point  is  about  60  feet westerly of the westerly line of North
    18  College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the
    19  southeasterly  corner  of  other lands now or formerly of Friedman (Deed
    20  Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet  to  the
    21  southwesterly  corner  of  lands  now or formerly of Stockade Associates
    22  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to

    23  lands now or formerly at McCarthy (Deed Book 1129 at page  281);  thence
    24  along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
    25  corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
    26  thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence
    27  still  along  lands  of  SONYMA and lands now or formerly of Magee (Deed
    28  Book 399 at page 165) S. 86 deg. 11' 52" E.  42.57  feet  to  a  corner;
    29  thence  still  along  lands  of  Magee and Lands of Friedman first above
    30  mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
    31    Excepting and reserving all that portion of  the  above  parcel  lying
    32  easterly of a line described as follows:
    33    All  that tract or parcel of land, situated in the City of Schenectady
    34  and County of Schenectady and State of New York, on the  Northerly  side
    35  of Union Street bounded and described as follows:

    36    Beginning at a point in the northerly line of Union Street, said point
    37  being  in  the  division  line between lands now or formerly of Electric
    38  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
    39  formerly of Margaret Wexler and Donna Lee Wexler Pavlovic,  as  trustees
    40  under  Will  of  Ruth  F. Wexler (Street number 241 Union Street) on the
    41  East; thence North 03 deg. 04' 10" East, along  the  building  known  as
    42  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
    43  North  88  deg.  45'  45"  West, along said building and building eve, a
    44  distance of 5.62 feet to a point; thence North 03  deg.  03'  30"  East,
    45  along  said  building  eve of Street No. 241 Union Street, a distance of
    46  32.74 feet; thence South 88 deg. 45' 45" East, along said building  eve,
    47  a  distance  of 1.2 feet to an intersection of building corner of Street

    48  No. 241 Union Street and a brick wall; thence  north  03  deg.  37'  30"
    49  East,  along said brick wall, a distance of 14.47 feet to a point in the
    50  corner of the brick wall, thence South 86 deg. 46' 45" East  along  said
    51  brick  wall  a  distance  of 4.42 feet to the intersection of brick wall
    52  with the boundary line between the Electric Brew Pubs, Inc.  (aforesaid)
    53  on  the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,
    54  (aforesaid) on the East; thence North 03 deg 10' 08" East a distance  of
    55  0.62  feet to the Northeast corner of lands belonging to Margaret Wexler
    56  and Donna Lee Wexler Pavlovic.
        S. 6376                            15
 
     1    Also all that tract or parcel of land  commonly  known  as  the  Union
     2  Street  School,  located  on the Northeasterly corner of Union and North

     3  College Streets in the First Ward of the City and County of  Schenectady
     4  and  State  of  New  York,  more  particularly  bounded and described as
     5  follows:    Beginning  at  a point in the Northerly street line of Union
     6  Street where it is intersected by the  Easterly  street  line  of  North
     7  College Street, and runs thence Northerly along the Easterly street line
     8  of  North College Street, one hundred seven and five-tenths (107.5) feet
     9  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
    10  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
    11  in the Northwesterly street line of Erie Boulevard thence  southwesterly
    12  along the Northwesterly street line of Erie Boulevard, one hundred twen-
    13  ty-three  and  eight-tenths  (123.8)  feet  to its intersection with the
    14  Northerly street line of Union Street; thence Westerly along the  North-

    15  erly street line of Union Street, one hundred twenty-four and fifty-five
    16  hundredths (124.55) feet to the point or place of beginning.
    17    The  above  described parcel of property includes the Blue Line parcel
    18  of land, which is a portion of the abandoned Erie Canal  Lands,  located
    19  in  the  First Ward of the City of Schenectady, New York, and which Blue
    20  Line parcel lies between the Northwesterly line of Erie Boulevard as set
    21  forth in the above described premises and the Northeasterly lot line  of
    22  the  old  Union Street School as it runs parallel with the Northwesterly
    23  line of Erie Boulevard as aforesaid.
    24    The two above parcels are  together  more  particularly  described  as
    25  follows: All that parcel of land in the City of Schenectady beginning at
    26  a  point  in  the northerly margin of Union Street and the northwesterly

    27  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
    28  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
    29  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
    30  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
    31  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
    32  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
    33  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
    34  Erie  Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of begin-
    35  ning, any such premises or businesses located on that tract or parcel of
    36  land situate in the Town of Hopewell, Ontario County, State of New York,
    37  bounded and described as follows: Commencing at a 5/8"  rebar  found  on
    38  the  division  line  between  lands  now or formerly of Ontario County -

    39  Finger Lakes Community College (Liber 698 of Deeds,  Page  466)  on  the
    40  north  and  lands now or formerly of James W. Baird (Liber 768 of Deeds,
    41  Page 1109) on the south; thence, North 43 -33'-40" West, on  said  divi-
    42  sion  line, a distance of 77.32 feet to the Point of Beginning.  Thence,
    43  North 43 -33'-40" West, continuing on said  division  line  and  through
    44  said  lands  of  Ontario County, a distance of 520.45 feet to a point on
    45  the southeasterly edge  of  an  existing  concrete  pad;  thence,  South
    46  74 -19'-53"  West, along said edge of concrete and the projection there-
    47  of, a distance of 198.78 feet to a point on the easterly edge  of  pave-
    48  ment  of an existing campus drive; thence, the following two (2) courses
    49  and distances along said edge of pavement: Northeasterly on a  curve  to
    50  the  left  having  a  radius  of  2221.65 feet, a chord bearing of North

    51  30 -16'-39" East, a  chord  distance  of  280.79,  a  central  angle  of
    52  07 -14'-47",  a  length  of 280.98 feet to a point of reverse curvature;
    53  thence, Northeasterly on a curve to the right having a radius of  843.42
    54  feet,  a  chord  bearing  of North 45 -25'-09" East, a chord distance of
    55  534.08, a central angle of 36 -55'-01", a length of  543.43  feet  to  a
    56  point;  thence,  South 30 -04'-59" East, a distance of 18.28 feet to the
        S. 6376                            16
 
     1  corner of the property acquired by Ontario County (Liber 766  of  Deeds,
     2  Page  1112),  as  shown  on a map recorded in the Ontario County Clerk's
     3  Office as Map No. 6313; thence,  the  following  four  (4)  courses  and
     4  distances  along  said property line: South 30 -04'-59" East, a distance
     5  of 177.17 feet to a point; thence, South 02 -20'-33" East, a distance of

     6  147.53 feet to a point; thence, South 41 -31'-35" East,  a  distance  of
     7  200.93 feet to a point; thence, South 23 -48'-53" West, along said prop-
     8  erty  line,  and the projection thereof, through the first said lands of
     9  Ontario County - Finger Lakes Community College  (Liber  698  of  Deeds,
    10  Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel
    11  containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled
    12  "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts
    13  Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01,
    14  dated June 10, 2005, last revised August 17, 2005. The related PAC Prop-
    15  erties  are  shown  on  the Map denominated "FLCC Campus Property, FLPAC
    16  Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the
    17  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds

    18  at  page  9 and are comprised of the areas separately labeled as Parking
    19  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the
    20  Entry  Roads;  or  such  premises or businesses located on that tract or
    21  parcel of land situate lying and being in the Town of Oneonta, County of
    22  Otsego and State of New York and being a portion of  Otsego  County  Tax
    23  Map  Department  Parcel  Number 287.00-1-33 and bounded and described as
    24  follows: Beginning at a point 2.12 feet off the northeasterly corner  of
    25  a  one story building on the lands, now or formerly, of Abner Doubleday,
    26  LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Bren-
    27  da Patton, which point lies N 87 55'13" W a distance of 149.37' from the

    28  northeast corner of the Patton lands; thence N 74 30'18" W a distance of
    29  51.50 feet to a point; thence S 15 29'42" W a distance of 2.00 feet to a
    30  point; thence N 74 30'18" W a distance of 14.00 feet to a point;  thence
    31  S  15 29'42" W a distance of 19.20 feet to a point; thence S 74 30'18" E
    32  a distance of 14.20 feet to a point; thence S  15 29'42" W a distance of
    33  4.20 feet; thence S 74 30'18" E a distance of 51.30  feet  to  a  point;
    34  thence  N  15 29'42"  E a distance of 25.40 feet to a point to the point
    35  and place of beginning or on premises or  with  respect  to  a  business
    36  constituting  the  overnight  lodging facility located wholly within the
    37  boundaries of that tract or parcel of land situated in  the  borough  of

    38  Manhattan,  city  and  county  of  New York, beginning at a point on the
    39  northerly side of west fifty-fourth street at a point one  hundred  feet
    40  easterly  from  the  intersection  of  the  said  northerly side of west
    41  fifty-fourth street and the easterly side  of  seventh  avenue;  running
    42  thence  northerly  and parallel with the easterly side of seventh avenue
    43  one hundred feet five inches to the center line of  the  block;  running
    44  thence  easterly  and  parallel  with  the northerly side of west fifty-
    45  fourth street and along the center line of the block  fifty  feet  to  a
    46  point;  running  thence northerly and parallel with the easterly side of
    47  seventh avenue one hundred feet five inches to  the  southerly  side  of
    48  west  fifty-fifth street at a point distant one hundred fifty feet east-
    49  erly from the intersection of the said southerly  side  of  west  fifty-

    50  fifth  street  and  the  easterly side of seventh avenue; running thence
    51  easterly along the southerly side of west fifty-fifth street  thirty-one
    52  feet three inches to a point; running thence southerly and parallel with
    53  the  easterly side of the seventh avenue one hundred feet five inches to
    54  the center line of the block; running thence easterly along  the  center
    55  line  of  the  block and parallel with the southerly side of west fifty-
    56  fifth street, one hundred feet; running thence  northerly  and  parallel
        S. 6376                            17
 
     1  with the easterly side of seventh avenue one hundred feet five inches to
     2  the  southerly  side of west fifty-fifth street; running thence easterly
     3  along the southerly side of west fifty-fifth street twenty-one feet  ten
     4  and  one-half  inches  to a point; running thence southerly and parallel

     5  with the easterly side of seventh avenue one hundred feet five inches to
     6  the center line of the block; running thence westerly along  the  center
     7  line  of  the  block and parallel with the northerly side of west fifty-
     8  fourth street three feet one and one-half inches; running thence  south-
     9  erly  and  parallel with the easterly side of seventh avenue one hundred
    10  feet five inches to the northerly side of west fifty-fourth street at  a
    11  point  distant  three hundred feet easterly from the intersection of the
    12  said northerly side of west fifty-fourth street and the easterly side of
    13  seventh avenue; running thence westerly and along the northerly side  of
    14  west  fifty-fourth  street  two  hundred  feet  to the point or place of
    15  beginning, provided that such facility  maintains  not  less  than  four
    16  hundred guest rooms and suites for overnight lodging. Any lien, mortgage

    17  or  other  interest  or estate now held by said retail licensee on or in
    18  the personal or real property of such manufacturer or wholesaler,  which
    19  mortgage,  lien,  interest  or estate was acquired on or before December
    20  thirty-first, nineteen hundred thirty-two, shall not be included  within
    21  the  provisions  of  this  subdivision; provided, however, the burden of
    22  establishing the time of the accrual of the  interest,  comprehended  by
    23  this  subdivision  shall be upon the person who claims to be entitled to
    24  the protection and exemption afforded hereby.
    25    § 3. This act shall take effect immediately.