N.Y. Alcoholic Beverage Control Law § 101: Manufacturers and wholesalers not to be interested in retail places

§ 101. Manufacturers and wholesalers not to be interested in retail

places. 1. It shall be unlawful for a manufacturer or wholesaler

licensed under this chapter to

(a) Be interested directly or indirectly in any premises where any

alcoholic beverage is sold at retail; or in any business devoted wholly

or partially to the sale of any alcoholic beverage at retail by stock

ownership, interlocking directors, mortgage or lien or any personal or

real property, or by any other means. The provisions of this paragraph

shall not apply to (i) any such premises or business constituting the

overnight lodging and resort facility located wholly within the

boundaries of the town of North Elba, county of Essex, township eleven,

Richard's survey, great lot numbers two hundred seventy-eight, two

hundred seventy-nine, two hundred eighty, two hundred ninety-eight, two

hundred ninety-nine, three hundred, three hundred eighteen, three

hundred nineteen, three hundred twenty, three hundred thirty-five and

three hundred thirty-six, and township twelve, Thorn's survey, great lot

numbers one hundred six and one hundred thirteen, as shown on the

Adirondack map, compiled by the conservation department of the state of

New York - nineteen hundred sixty-four edition, in the Essex county

atlas at page twenty-seven in the Essex county clerk's office,

Elizabethtown, New York, provided that such facility maintains not less

than two hundred fifty rooms and suites for overnight lodging, (ii) (A)

all that tract or parcel of land situate in the City of Canandaigua,

County of Ontario, State of New York, all as shown on a map entitled

"Meridian Automotive Systems Subdivision Plan", prepared by Costich

Engineering, P.C., having drawn number 3203-01, last dated 8/4/2003, and

is to be filed in the Ontario County Clerk's Office and being more

particularly bounded and described as follows:

Beginning at a point on the east right-of-way line of North Bloomfield

Road said point also being the northwest corner of lands now or formerly

owned by Donald and Jean Baier having T.A. # 070.19-01-06; thence

1. N60Á57;16"W, along said east right-of -way of North Bloomfield Road

a distance of 1,266.75 feet to a point; thence

2. N50Á14'22"W, along said east right-of-way line of North Bloomfield

Road a distance of 143.38 feet to a point; thence

3. N31Á52'21"W, along said east right-of-way line of North Bloomfield

Road a distance of 187.27 feet to a point on the south right-of-way line

of North Street; thence

4. N46Á08'48"E, along said south right-of-way like of North Street a

distance of 119.22 feet to a point; thence

5. N63Á01'14"E, along said south right-of-way line or North Street a

distance of 741.98 feet to a point; thence

6. N86Á19 '13"E, along said south right-of-way of North Street a

distance of 19.24 feet to a point; thence

7. N65Á53'43"E, along said south right-of-way line: of North Street a

distance of 404.05 feet to a point; thence

8. N6 1Á36'29'"E, along said south right-of-way line: of North Street

a distance of 169.25 feet to a point; thence

9. N22Á28'53"E, along said south right-of-way line of North Street a

distance of 36.46 feet to a point; thence

10. N63Á01'14"E, along said south right-of-way line of North Street a

distance of 3.25 feet to a point; thence

11. N62Á49'02"E, along said south right-of-way line of North Street a

distance of 37.27 feet to a point; thence

12. S32Á33'19"E, a distance of 325.41 feet to a point; thence

13. S50Á20'56'E, a distance of 218.92 feet to a point, thence

14. S77Á44'52'E. a distance of 213.31 feet to a point, thence

15. Southerly along a curve to the right having a delta angle of

03Á50'08", a radius of 5,720.16 feet, and an arc length of 382.93 feet,

said curve also having a chord of S47Á19'56"E, 382.85 feet to a point;

thence

16. S45Á26'16"E. a distance of 510.13 feet to a point; thence

17. S62Á47'34"W. a distance of 1,052.60 feet to a point, thence

18. N52Á52'16"W, a distance of 185.00 feet to a point, thence

19. S43Á29'44"W. a distance of 190.00 feet to a point and place of

beginning. Containing 48,584 acres of land, more or less.

(B) all that piece or parcel of land situate in part of Lot 35, Second

Division, Township 13, Seventh Range of the Phelps and Gorham Purchase,

in the City of Rochester, County of Monroe, State of New York and more

particularly described as follows:

Commencing at the intersection of the northerly right-of-way Line of

University Avenue and the easterly right-of-way line of Culver Road;

thence southeasterly along the northerly right-of-way line of University

Avenue a distance of 1012.49 feet to the southwesterly most property

corner of lands now or formerly of University Avenue, LLC as laid forth

in Liber 11267 of deeds page 398; thence continuing southeasterly along

the northerly right-of-way line of University Avenue a distance of

391.30 feet to a point, said point being the true point and place of

beginning. Thence the following courses and distance:

1. Thence northerly making an interior angle turning to the left of

89Á52'00" with said northerly right-of-way line of University Avenue a

distance of 174.75 feet to a point;

2. Thence easterly making an interior angle of 90Á09'40" a distance of

21.70 feet to a point;

3. Thence northeasterly making an interior angle of 228Á45'07" a

distance of 15.43 feet to a point;

4. Thence southeasterly making an interior angle of 90Á00'00" a

distance of 13.15 feet to a point;

5. Thence northeasterly making an interior angle of 270Á00'00" a

distance of 14.05 feet to a point;

6. Thence southeasterly making an interior angle of 90Á00'00" a

distance of 14.40 feet to a point;

7. Thence southerly making an interior angle of 131Á14'53" a distance

of 4.00 feet to a point;

8. Thence easterly making an interior angle of 270Á00'00" a distance

of 59.15 feet to a point;

9. Thence southerly making an interior angle of 89Á50'45" a distance

of 136.60 feet to a point;

10. Thence easterly making an interior angle of 269Á35'35" a distance

of 1.10 feet to a point;

11. Thence southerly making an interior angle of 90Á00'00" a distance

of 38.20 feet to a point on the aforementioned northerly right-of-way

line of University Avenue;

12. Thence westerly along said northerly right-of-way line of

University Avenue a distance of 121.85 feet to a point, said point being

the true point and place of beginning.

Being and hereby intending to describe a portion of an existing

building located at 1344 University Avenue Rochester, New York, having

an area of 21,489 square feet or 0.493 acres.

(B-1) all that piece or parcel of land situate in part of Lot 35,

Second Division, Township 13, Seventh Range of the Phelps and Gorham

Purchase, in the City of Rochester, County of Monroe, State of New York

and more particularly described as follows:

Commencing at the intersection of the northerly right-of-way Line of

University Avenue and the easterly right-of-way line of Culver Road;

thence southeasterly along the northerly right-of-way line of University

Avenue a distance of 1012.49 feet to the southwesterly most property

corner of lands now or formerly of University Avenue, LLC as laid forth

in Liber 11267 of deeds page 398; thence continuing southeasterly along

the northerly right-of-way line of University Avenue a distance of

391.30 feet to a point, said point being the true point and place of

beginning. Thence the following courses and distance:

1. Thence northerly making an interior angle turning to the left of

89Á52'00" with said northerly right-of-way line of University Avenue a

distance of 174.75 feet to a point;

2. Thence easterly making an interior angle of 90Á09'40" a distance of

21.70 feet to a point;

3. Thence northeasterly making an interior angle of 228Á45'07" a

distance of 15.43 feet to a point;

4. Thence southeasterly making an interior angle of 90Á00'00" a

distance of 13.15 feet to a point;

5. Thence northeasterly making an interior angle of 270Á00'00" a

distance of 14.05 feet to a point;

6. Thence southeasterly making an interior angle of 90Á00'00" a

distance of 14.40 feet to a point;

7. Thence southerly making an interior angle of 131Á14'53" a distance

of 4.00 feet to a point;

8. Thence easterly making an interior angle of 270Á00'00" a distance

of 59.15 feet to a point;

9. Thence southerly making an interior angle of 89Á50'45" a distance

of 136.60 feet to a point;

10. Thence easterly making an interior angle of 269Á35'35" a distance

of 1.10 feet to a point;

11. Thence southerly making an interior angle of 90Á00'00" a distance

of 38.20 feet to a point on the aforementioned northerly right-of-way

line of University Avenue;

12. Thence westerly along said northerly right-of-way line of

University Avenue a distance of 121.85 feet to a point, said point being

the true point and place of beginning.

Being and hereby intending to describe a portion of an existing building

located at 1344 University Avenue Rochester, New York, having an area of

21,489 square feet or 0.493 acres.

* (C) PARCEL 1

ALL THAT TRACT OR PARCEL OF LAND, situate on the east side of North

Bloomfield Road in the City of Canandaigua, County of Ontario and State

of New York, bounded and described as follows:

Beginning at the southwest corner of lands of the grantor which point of

beginning marked by an iron in the east highway boundary of said Road

882.14 feet northwesterly from the north line of Buffalo Street in said

City; running thence N 74Á 22' 10" E a distance of 1108.20 feet to a

point in the west line of lands of the New York Central & Hudson River

Railroad Batavia Branch, marked by an existing iron; running, thence N

34Á 34' 20" W along the westerly bounds of said Railroad a distance of

412.38 feet to a point, marked by an existing iron; running thence S 74Á

01' 20" W a distance of 1241.03 feet, through an existing iron, to a

point, marked by a spike in the east line of said North Bloomfield Road;

running thence S 50Á 34' 20" E and along the east highway boundary of

said North Bloomfield Road a distance of 466.65 feet to the point and

place of beginning.

PARCEL 2

ALL THAT TRACT OR PARCEL OF LAND, lying to the east of the parcel above

described, and also west of lands of said New York Central & Hudson

River Railroad Auburn Branch in said City of Canandaigua, County of

Ontario and State of New York, bounded and described as follows:

Beginning at a point, marked by an iron, in the east line of lands of

the New York Central & Hudson River Railroad Batavia Branch, which point

is at the northwest corner of other lands of the grantee, said point

being N 69Á 14' 50" E a distance of 68.94 feet from the easterly

terminus of the first course in the description of Parcel 1, running

thence N 70Á 49' 40" E and along other lands of the grantee, a distance

of 726.63 feet to a point, marked by an iron in the west boundary of

lands of the New York Central & Hudson River Railroad Auburn Branch;

running thence N 19Á 17' 20" W and along the westerly bounds of said

Railroad a distance of 391.29 feet to a point, marked by an iron;

running thence S 70Á 41' 30" W a distance of 856.10 feet to a point,

marked by an existing iron in the easterly bounds of said New York

Central & Hudson River Railroad Batavia Branch; running thence S 37Á 40'

30" E along the easterly bounds of said New York Central & Hudson River

Railroad Batavia Branch a distance of 410.47 feet to the point or place

of beginning.

PARCEL 3

ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,

County of Ontario and State of New York, bounded and described as

follows:

Commencing at a point in the north line of Buffalo Street where the same

is intersected by the west line of the Penn Central Railroad Auburn

Branch and thence running (1) S 70Á 25' 10" W, along the north line of

Buffalo Street a distance of 516.06 feet to a point in the east line of

the Penn Central Railroad Batavia Branch; thence (2) N 37Á 42' 55" W

along the easterly line of Batavia Branch of the railroad a distance of

758.52 feet to a point; thence (3) N 70Á 25' 10" E a distance of 743.79

feet to a point in the west line of the Auburn Branch of the railroad;

thence (4) S 19Á 36' 35" E along said west line of the Auburn Branch of

the railroad distance of 379.37 feet to a point; thence (5) N 70Á 25'10"

E a distance of 8.00 feet to a point; thence (6) S 19Á 36' 35" E a

distance of 341.48 feet to a point on the north line of Buffalo Street

and the place of beginning.

PARCEL 4

ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,

County of Ontario and State of New York, bounded and described as

follows:

Beginning at a point at a corner in the general easterly line of land of

Canandaigua Industries Co., Inc., distant 341.48 feet measured N 19Á 36'

36" W along said easterly line, from the northerly line of Buffalo

Street at a point therein distant 1200 feet, more or less, measured

westwardly, along said line of Buffalo Street, from the westerly line of

Main Street;

Extending from said beginning point the following eight courses and

distances, the first four thereof being along said general easterly line

of lands of Canandaigua Industries Co., Inc.: (1) S 70Á 25' 10" W 8.00

feet to an iron; (2) N 19Á 36' 35" W, 379.37 feet to a spike set in a

railroad tie; (3) S 70Á 25' 10" W, 17.00 feet to an iron stake; and (4)

N 19Á 38' 00" W, 164.00 feet to an iron stake; thence the following four

courses and distances by remaining land of Penn Central Transportation

Company: (5) N 70Á 22' 00" E, 33.00 feet to an iron stake; (6) S 19Á 38'

00" E, 164.02 feet to an iron stake; (7) S 19Á 36' 35" E, 379.37 feet to

an iron stake; and (8) S 70Á 23' 25" W, 8.00 feet to the place of

beginning.

PARCEL 5

ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,

County of Ontario, State of New York, all as shown on a map entitled

"8.512 acre parcel to be conveyed to Constellation Brands, Inc. by

Meridian Automotive Systems, Inc.", prepared by Costich Engineering,

P.C., having drawing number 3203-A, dated 6/18/2003, and being more

particularly bounded and described as follows:

Commencing at a point on the south right-of-way line of North (66.0'

R.O.W.) Street said point being the northwest corner of lands now or

formerly owned by Cambridge Acquisition Corp, having T.A. #

070.19-01-04.2 and the northeast corner of lands now or formerly owned

by Cambridge Acquisition Corp having T.A. 070.19-01-03; thence A.

S38Á37'53"E, along the aforementioned common property line a distance of

772.95 feet to the point and place of beginning; thence 1. S38Á37'53"E,

a distance of 772.95 feet to a point; thence 2. S62Á34'17"W, a distance

of 440.56 feet to a point; thence 3. N45Á24'43"W, a distance of 531.72

feet to a point of curvature; thence 4. Northwesterly on a curve to the

left having a delta angle of 02Á38'31", a radius of 5,786.16 feet, and

an arc length of 266.80 feet, said curve also having a chord of

N46Á44'17"W, 266.78 feet to a point; thence 5. N62Á29'47"E, a distance

of 542.77 feet to the point and place of beginning. Containing 8.512

acres of land, more or less.

PARCEL 6

ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua,

County of Ontario, State of New York, bounded and described as follows:

Beginning at a point in the west line of Finger Lakes Railway Corp.,

said point being the northwest corner of a parcel of land conveyed by

George P. Baker, Richard C. Bond and Jervis Langdon, Jr., Trustees of

the Property of Penn Central Transportation Company, Debtor to

Canandaigua Wine Company, Inc., Liber 729 of Deeds at page 95 and

proceeding thence, N 19Á 38' 00" W, along the west line of Finger Lakes

Railway Corp., for a distance of 227.29 feet to a point in the north

line of lands of Ontario County Industrial Development Agency, Liber

1096 of Deeds at page 335; thence, N 70Á 17' 00" F, for a distance of

38.00 feet to a point; thence, S 19Á 38' 00" E, through lands of Finger

Lakes Railway Corp. for a distance of 227.35 feet to a point; thence, S

70Á 22' 00" W, for a distance of 38.00 feet to the point and place of

beginning and containing 0.198 acre of land.

PARCEL 7

ALL THAT PROPERTY situate in the City of Canandaigua, County of Ontario

and State of New York and being all of the right, title and interest of

The Owasco River Railway, Inc., in and to all those certain pieces or

parcels of land and premises, easements, rights of way and any other

rights of any kind whatsoever appurtenant thereto or used in conjunction

therewith on and along that portion of a branch of railroad known as the

Holcomb Branch which lies north of the north line of West Avenue and

extends in a northwesterly direction for a distance of 7370 feet, more

or less, to the center line of North Street, in said City of

Canandaigua. Excepting from this conveyance so much of the said property

which lies south of the south line of Buffalo Street. Excepting from

this conveyance so much of the said property as described in that

certain deed from Ontario County Industrial Development Agency to

Meridian Automotive Systems-Composites Operation, Inc, dated November

12, 2003 and recorded in the Ontario County Clerk's Office on January

23, 2004 in Liber 1112 of Deeds at page 316. Excepting from this

conveyance so much of said property lying north of the above mentioned

exception parcel conveyed to Meridian Automotive Systems-Composites

Operation, Inc. and the center line of North Street.

* NB Repealed upon end of termination of lease for licensee (See

chapter 218 of 2020 § 5)

(iii) any such premises or business constituting the overnight lodging

facility located wholly within the boundaries of that tract or parcel of

land situated in the borough of Manhattan, city and county of New York,

beginning at a point on the northerly side of west fifty-fourth street

at a point one hundred feet easterly from the intersection of the said

northerly side of west fifty-fourth street and the easterly side of

seventh avenue; running thence northerly and parallel with the easterly

side of seventh avenue one hundred feet five inches to the center line

of the block; running thence easterly and parallel with the northerly

side of west fifty-fourth street and along the center line of the block

fifty feet to a point; running thence northerly and parallel with the

easterly side of seventh avenue one hundred feet five inches to the

southerly side of west fifty-fifth street at a point distant one hundred

fifty feet easterly from the intersection of the said southerly side of

west fifty-fifth street and the easterly side of seventh avenue; running

thence easterly along the southerly side of west fifty-fifth street

thirty-one feet three inches to a point; running thence southerly and

parallel with the easterly side of the seventh avenue one hundred feet

five inches to the center line of the block; running thence easterly

along the center line of the block and parallel with the southerly side

of west fifty-fifth street, one hundred feet; running thence northerly

and parallel with the easterly side of seventh avenue one hundred feet

five inches to the southerly side of west fifty-fifth street; running

thence easterly along the southerly side of west fifty-fifth street

twenty-one feet ten and one-half inches to a point; running thence

southerly and parallel with the easterly side of seventh avenue one

hundred feet five inches to the center line of the block; running thence

westerly along the center line of the block and parallel with the

northerly side of west fifty-fourth street three feet one and one-half

inches; running thence southerly and parallel with the easterly side of

seventh avenue one hundred feet five inches to the northerly side of

west fifty-fourth street at a point distant three hundred feet easterly

from the intersection of the said northerly side of west fifty-fourth

street and the easterly side of seventh avenue; running thence westerly

and along the northerly side of west fifty-fourth street two hundred

feet to the point or place of beginning, provided that such facility

maintains not less than four hundred guest rooms and suites for

overnight lodging, (iv) any such premises or business located on that

tract or parcel of land, or any subdivision thereof, situate in the

Village of Lake Placid, Town of North Elba, Essex County, New York; it

being also a part of Lot No. 279, Township No. 11, Old Military Tract,

Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22

as shown and designated on a certain map entitled "Map of Building Sites

for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being

PARCEL No. 1 on a certain map of lands of Robert J. Mahoney and wife

made by G.C. Sylvester, P.E. & L.S. # 21300, dated August 4, 1964, and

filed in the Essex County Clerk's Office on August 27, 1964, and more

particularly bounded and described as follows; BEGINNING at the

intersection of the northerly bounds of Shore Drive (formerly Mirror

Street) with the westerly bounds of Park Place (formerly Rider Street)

which point is also the northeast corner of Lot No. 23, from thence

South 21Á50' East in the westerly bounds of Park Place a distance of 119

feet, more or less, to a lead plug in the edge of the sidewalk marking

the southeast corner of Lot No. 23 and the northeast corner of Lot No.

24; from thence South 68Á00'50" West a distance of 50.05 feet to an iron

pipe set in concrete at the corner of Lots 23 and 22; from thence South

65Á10'50" West a distance of 7.94 feet along the south line of Lot No.

22 to an iron pipe for a corner; from thence North 23Á21'40" West and at

17.84 feet along said line passing over a drill hole in a concrete

sidewalk, and at 68.04 feet further along said line passing over an iron

pipe at the southerly edge of another sidewalk, and at 1.22 feet further

along said line passing over another drill hole in a sidewalk, a total

distance of 119 feet, more or less, to the northerly line of Lot. No.

22; from thence easterly in the northerly line of Lot 22 and 23 to the

northeast corner of Lot No. 23 and the point of beginning. Also

including the lands to the center of Shore Drive included between the

northerly straight line continuation of the side lines of the above

described parcel, and to the center of Park Place, where they abut the

above described premises SUBJECT to the use thereof for street purposes.

Being the same premises conveyed by Morestuff, Inc. to Madeline Sellers

by deed dated June 30, 1992, recorded in the Essex County Clerk's Office

on July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any such

premises or business located on that certain piece or parcel of land, or

any subdivision thereof, situate, lying and being in the Town of

Plattsburgh, County of Clinton, State of New York and being more

particularly bounded and described as follows: Starting at an iron pipe

found in the easterly bounds of the highway known as the Old Military

Turnpike, said iron pipe being located 910.39 feet southeasterly, as

measured along the easterly bounds of said highway, from the southerly

bounds of the roadway known as Industrial Parkway West, THENCE running S

31 Á 54' 33" E along the easterly bounds of said Old Military Turnpike

Extension, 239.88 feet to a point marking the beginning of a curve

concave to the west; thence southerly along said curve, having a radius

of 987.99 feet, 248.12 feet to an iron pipe found marking the point of

beginning for the parcel herein being described, said point also marked

the southerly corner of lands of Larry Garrow, et al, as described in

Book 938 of Deeds at page 224; thence N 07Á 45' 4" E along the easterly

bounds of said Garrow, 748.16 feet to a 3"x4" concrete monument marking

the northeasterly corner of said Garrow, the northwesterly corner of the

parcel herein being described and said monument also marking the

southerly bounds of lands of Salerno Plastic Corp. as described in Book

926 of Deeds at Page 186; thence S 81Á 45' 28" E along a portion of the

southerly bounds of said Salerno Plastic Corp., 441.32 feet to an iron

pin found marking the northeasterly corner of the parcel herein being

described and also marking the northwest corner of the remaining lands

now or formerly owned by said Marx and Delaura; thence S 07Á 45' 40" W

along the Westerly bounds of lands now of formerly of said Marx and

DeLaura and along the easterly bounds of the parcel herein being

described, 560.49 feet to an iron pin; thence N 83Á 43' 21" W along a

portion of the remaining lands of said Marx and DeLaura, 41.51 feet to

an iron pin; thence S 08Á 31' 30" W, along a portion of the remaining

lands of said Marx and Delaura, 75.01 feet to an iron pin marking

northeasterly corner of lands currently owned by the Joint Council for

Economic Opportunity of Plattsburgh and Clinton County, Inc. as

described in Book 963 of Deeds at Page 313; thence N 82Á 20' 32" W along

a portion of the northerly bounds of said J.C.E.O., 173.50 feet to an

iron pin; thence 61Á 21' 12" W, continuing along a portion of the

northerly bounds of said J.C.E.O., 134.14 feet to an iron pin; thence S

07Á 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an

iron pin; thence S 66Á 48' 56" W along a portion of the northerly bounds

of remaining lands of said Marx and DeLaura, 100.00 feet to an iron pipe

found on the easterly bounds of the aforesaid highway, said from pipe

also being located on a curve concave to the west; thence running and

running northerly along the easterly bounds of the aforesaid highway and

being along said curve, with the curve having a radius of 987.93 feet,

60.00 feet to the point of beginning and containing 6.905 acres of land.

Being the same premises as conveyed to Ronald Marx and Alice Marx by

deed of CIT Small Business Lending Corp., as agent of the administrator,

U.S. Small Business Administration, an agency of the United States

Government dated September 10, 2001 and recorded in the office of the

Clinton County Clerk on September 21, 2001 as Instrument #135020; or

(vi) any such premises or business located on the west side of New York

state route 414 in military lots 64 and 75 located wholly within the

boundaries of that tract or parcel of land situated in the town of Lodi,

county of Seneca beginning at an iron pin on the assumed west line of

New York State Route 414 on the apparent north line of lands reputedly

of White (lib. 420, page 155); said iron pin also being northerly a

distance of 1200 feet more or less from the centerline of South Miller

Road; Thence leaving the point of beginning north 85-17'-44" west along

said lands of White a distance of 2915.90 feet to an iron pin Thence

north 03-52'-48" east along said lands of White, passing through an iron

pin 338.36 feet distant, and continuing further along that same course a

distance of 13.64 feet farther, the total distance being 352.00 feet to

a point in the assumed centerline of Nellie Neal Creek; Thence in

generally a north westerly direction the following courses and distances

along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west

a distance of 189.56 feet to a point; north 63-40'-00" west a distance

of 156.00 feet to a point; north 49-25'-00" west a distance of 80.00

feet to a point; south 80-21'-00" west a distance of 90.00 feet to a

point; north 72-03'-00" west a distance of 566.00 feet to a point; north

68-15'-00" west a distance of 506.00 feet to a point; north 55-16'-00"

west a distance of 135.00 feet to a point; south 69-18'-00" west a

distance of 200.00 feet to a point; south 88-00'-00" west a distance of

170.00 feet to a point on a tie line at or near the high water line of

Seneca Lake; Thence north 25-17'-00" east along said tie line a distance

of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands

reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to

an iron pin; Thence north 06-56'-47" east along said lands of M. Wagner

a distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east

along lands reputedly of Schneider (lib. 429, page 37) a distance of

50.10 feet to an iron pipe; Thence north 07-49'-11" east along lands

reputedly of Oney (lib. 484, page 24) a distance of 50.00 feet to an

iron pipe; Thence north 82-29'-40" west along said lands of Oney a

distance of 95.30 feet to an iron pipe on a tie line at or near the

highwater line of Seneca Lake; Thence north 08-15'-22" east along said

tie line a distance of 25.00 feet to an iron pin; Thence south

82-28'-00" east along lands reputedly of Yu (lib. 405, page 420) a

distance of 96.53 feet to an iron pipe; Thence north 34-36'-59" east

along said lands of Yu a distance of 95.00 feet to a point in the

assumed centerline of Van Liew Creek; Thence in generally an easterly

direction the following courses and distances along the assumed

centerline of Van Liew Creek; north 72-46'-37" east a distance of 159.98

feet to a point; north 87-53'-00" east a distance of 94.00 feet to a

point; south 71-12'-00" east a distance of 52.00 feet to a point; south

84-10'-00" east a distance of 158.00 feet to a point; south 59-51'-00"

east a distance of 160.00 feet to a point; south 83-29'-00" east a

distance of 187.00 feet to a point; Thence north 01-33'-40" east along

lands reputedly of Hansen (lib. 515, page 205) passing through an iron

pipe 32.62 feet distant, and continuing further along that same course

passing through an iron pin 205.38 feet farther, and continuing still

further along that same course a distance of 21.45 feet farther, the

total distance being 259.45 feet to the assumed remains of a White Oak

stump; Thence north 69-16'-11" east along lands reputedly of Schwartz

(lib. 374, page 733) being tie lines along the top of the south bank of

Campbell Creek a distance of 338.00 feet to a point; Thence south

57-17'32" east along said tie line a distance of 136.60 feet to a point;

Thence south 74-45'-00" east along said tie line a distance of 100.00

feet to an iron pin; Thence north 04-46'-00" east along said lands of

Schwartz a distance of 100.00 feet to a point in the assumed centerline

of Campbell Creek; Thence in generally an easterly direction the

following courses and distances along the assumed centerline of Campbell

Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north

76-53'-00" east a distance of 180.00 feet to a point; north 83-05'00"

east a distance of 230.00 feet to a point; south 66-44'-00" east a

distance of 90.00 feet to a point; south 81-10'-00" east a distance of

240.00 feet to a point; south 45-29'-15" east a distance of 73.18 feet

to a point; Thence south 05-25'-50" west along lands reputedly of

Stanley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point

on the assumed north line of Military Lot 75; Thence south 84-34'-10"

east along said lands of Wagner and the assumed north line of Military

Lot 75 a distance of 1195.06 feet to an iron pin; Thence south O6-57'52"

west along said lands of M. Wagner (lib. 414, page 267) passing through

an iron pin 215.58 feet distant, and continuing further along that same

course a distance of 20.59 feet farther, the total distance being 236.17

feet to a point in the assumed centerline of Campbell Creek; Thence in

generally a south easterly direction the following course and distances

along the assumed centerline of Campbell Creek; north 78-23'-09" east a

distance of 29.99 feet to a point; south 46-09'-15" east a distance of

65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to

a point; south 61-59'-50" east a distance of 206.91 feet to a point;

north 63-58'-27" east a distance of 43.12 feet to a point; south

28-51'-21" east a distance of 47.72 feet to a point; south 15-14'-08"

west a distance of 33.42 feet to a point; south 79-16'-32" east a

distance of 255.15 feet to a point; south 62-19'-46" east a distance of

75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to

a point; north 82-12'55" east a distance of 86.00 feet to a point; south

44-13'53" east a distance of 64.08 feet to a point; north 67-52'-46"

east a distance of 73.98 feet to a point; north 88-13'-13" east a

distance of 34.64 feet to a point on the assumed west line of New York

State Route 414; Thence south 20-13'-30" east along the assumed west

line of New York State Route 414 a distance of 248.04 feet to a concrete

monument; Thence south 02-10'-30" west along said road line a distance

of 322.90 feet to an iron pin; Thence 13-14'-50" west along said road

line a distance of 487.41 feet to an iron pin, said iron pin being the

point and place of beginning;

Comprising an area of 126.807 acres of land according to a survey

completed by Michael D. Karlsen entitled "Plan Owned by Stanley A.

Wagner" known as Parcel A of Job number 98-505.

This survey is subject to all utility easements and easements and

right-of-ways of record which may affect the parcel of land.

This survey is also subject to the rights of the public in and to

lands herein referred to as New York State Route 414.

This survey intends to describe a portion of the premises as conveyed

by Ruth V. Wagner to Stanley A. Wagner by deed recorded February 10,

1989 in Liber 450 of deeds, at Page 286.

This survey also intends to describe a portion of the premises as

conveyed by Stanley W. VanVleet to Stanley A. Wagner by deed recorded

April 30, 1980 in Liber 385 of Deeds, at Page 203.

ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of

New York State Route 414 in Military Lot 75 in the Town of Lodi, County

of Seneca, State of New York bounded and described as follows:

Beginning at an iron pin on the assumed east line of New York State

Route 414, said iron pin being north 50-44'-57" east a distance of

274.92 feet from the south east corner of the parcel of land herein

above described; Thence leaving the point of beginning north 00-26'01"

east along a mathematical tie line a distance of 504.91 feet to an iron

pin; Thence south 37-00'-20" east along lands reputedly of Tomberelli

(lib. 419, page 243) passing through an iron pin 176.00 feet distant,

and continuing further along that same course a distance of 2.01 feet

farther, the total distance being 178.01 feet to a point; Thence south

09-03'-55" west along lands reputedly of M. Wagner (lib. 491, page 181)

a distance of 68.19 feet to an iron pipe; Thence south 15-36'-04" west

along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;

Thence south 72-04'-59" west along said lands of M. Wagner a distance of

20.49 feet to an iron pin, said iron pin being the point and place of

beginning.

Comprising an area of 0.727 acre of lands according to a survey

completed by Michael D. Karlsen entitled "Plan of Land Owned by Stanley

A. Wagner" known as Parcel B of job number 98-505.

This survey is subject to all utility easements and easements and

right-of-ways of record which may affect this parcel of land.

This survey is also subject to the rights of the public in and to

lands herein referred to as New York State Route 414.

This survey intends to describe the same premises as conveyed by Henry

W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey

to Stanley A. Wagner by deed recorded July 2, 1996 in liber 542, page

92.

This survey also intends to describe a portion of the premises as

conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded

February 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of

this paragraph shall not apply to any premises or business located

wholly within the following described parcel: ALL THAT TRACT OR PARCEL

OF LAND situate in the City of Corning, County of Steuben and State of

New York bounded and described as follows: Beginning at an iron pin

situate at the terminus of the westerly line of Townley Avenue at its

intersection with the southwesterly line of New York State Route 17;

thence S 00Á 45' 18" E along the westerly line of Townley Avenue, a

distance of 256.09 feet to a point; thence S 89Á 02' 07" W through an

iron pin placed at a distance of 200.00 feet, a total distance of 300.00

feet to an iron pin; thence N 00Á 59' 17" W a distance of 47.13 feet to

an iron pin; thence S 89Á 02' 07" W a distance of 114.56 feet to a point

situate in the southeast corner of Parcel A-2 as set forth on a survey

map hereinafter described; thence N 14Á 18' 49" E a distance of 124.40

feet to an iron pin situate at the southeast corner of lands now or

formerly of Cicci (Liber 923, Page 771); thence N 14Á 18' 49" E a

distance of 76.46 feet to an iron pin; thence N 00Á 57' 53" W a distance

of 26.25 feet to an iron pin marking the southeast corner of parcel A-1

as set forth on the hereinafter described survey map; thence N 00Á 58'

01" W a distance of 166.00 to an iron pin situate at the northeast

corner of said Parcel A-1, which pin also marks the southeast corner of

lands now or formerly of Becraft (Liber 1048, Page 1086); thence N 00Á

57' 53" W a distance of 106.00 feet to an iron pin situate in the

southerly line of lands now or formerly of the United States Postal

Service; thence N 89Á 02' 07" E along the southerly line of said United

States Postal Service a distance of 81.47 feet to a point; thence N 14Á

18' 49" E along the easterly line of said United States Postal Service a

distance of 114.29 feet to an iron pin situate in the southwesterly line

of New York State Route 17; thence S 32Á 00' 31" E along the

southwesterly line of New York State Route 17, a distance of 358.93 feet

to an iron pin; thence continuing along the southwesterly line of New

York state Route 17, S 38Á 30' 04" E a distance of 108.18 feet to the

iron pin marking the place of beginning. Said premises are set forth and

shown as approximately 4.026 acres of land designated as Parcel A

(excluding Parcels A-1 and A-2) on a survey map entitled "As-Built

Survey of Lands of New York Inn, LLC, City of Corning, Steuben County,

New York" by Weiler Associates, dated December 27, 2001, designated Job

No. 12462; or (vii) any such premises or businesses located on that

certain plot, piece or parcel of land, situate, lying and being in the

Second Ward of the City of Schenectady, on the Northerly side of Union

Street, bounded and described as follows: to wit; Beginning at the

Southeasterly corner of the lands lately owned by Elisha L. Freeman and

now by Albert Shear; and running from thence Easterly along the line of

Union Street, 44 feet to the lands now owned by or in the possession of

James G. Van Vorst; thence Northerly in a straight line along the last

mentioned lands and the lands of the late John Lake, 102 feet to the

lands of one Miss Rodgers; thence Westerly along the line of the last

mentioned lands of said Rodgers to the lands of the said Shear; and

thence Southerly along the lands of said Shear 101 feet, 6 inches to

Union Street, the place of beginning.

Also all that tract or parcel of land, with the buildings thereon,

situate in the City of Schenectady, County of Schenectady, and State of

New York, situate in the First, formerly the Second Ward of the said

City, on the Northerly side of Union Street, which was conveyed by

William Meeker and wife to Elisha L. Freeman by deed dated the second

day of December 1843, and recorded in the Clerk's Office of Schenectady

County on December 5, 1843, in Book V of Deeds at page 392, which lot in

said deed is bounded and described as follows: Beginning at a point in

the Northerly line of Union Street where it is intersected by the

Easterly line of property numbered 235 Union Street, which is hereby

conveyed, and running thence Northerly along the Easterly line of said

property, One Hundred Forty and Five-tenths (140.5) feet to a point

sixteen (16) feet Southerly from the Southerly line of the new garage

built upon land adjoining on the North; thence Westerly parallel with

said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly

One Hundred Forty and Eight-tenths (140.8) feet to the Northerly margin

of Union Street; thence Easterly along the Northerly margin of Union

Street, about Forty-eight and three-tenths (48.3) feet to the point or

place of beginning.

The two above parcels are together more particularly described as

follows:

All that parcel of land in the City of Schenectady beginning at a

point in the northerly margin of Union Street at the southwesterly

corner of lands now or formerly of Friedman (Deed Book 636 at page 423)

which point is about 60 feet westerly of the westerly line of North

College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the

southeasterly corner of other lands now or formerly of Friedman (Deed

Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the

southwesterly corner of lands now or formerly of Stockade Associates

(Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to

lands now or formerly of McCarthy (Deed Book 1129 at page 281); thence

along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly

corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621);

thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner;

thence still along lands of SONYMA and lands now or formerly of Magee

(Deed Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a

corner; thence still along lands of Magee and Lands of Friedman first

above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of

beginning.

Excepting and reserving all that portion of the above parcel lying

easterly of a line described as follows:

All that tract or parcel of land, situated in the City of Schenectady

and County of Schenectady and State of New York, on the Northerly side

of Union Street bounded and described as follows:

Beginning at a point in the northerly line of Union Street, said point

being in the division line between lands now or formerly of Electric

Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or

formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees

under Will of Ruth F. Wexler (Street number 241 Union Street) on the

East; thence North 03 deg. 04' 10" East, along the building known as

Street No. 241 Union Street, a distance of 30.50 feet to a point; thence

North 88 deg. 45' 45" West, along said building and building eve, a

distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East,

along said building eve of Street No. 241 Union Street, a distance of

32.74 feet; thence South 88 deg. 45' 45" East, along said building eve,

a distance of 1.2 feet to an intersection of building corner of Street

No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30"

East, along said brick wall, a distance of 14.47 feet to a point in the

corner of the brick wall, thence South 86 deg. 46' 45" East along said

brick wall a distance of 4.42 feet to the intersection of brick wall

with the boundary line between the Electric Brew Pubs, Inc. (aforesaid)

on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic,

(aforesaid) on the East; thence North 03 deg 10' 08" East a distance of

0.62 feet to the Northeast corner of lands belonging to Margaret Wexler

and Donna Lee Wexler Pavlovic.

Also all that tract or parcel of land commonly known as the Union

Street School, located on the Northeasterly corner of Union and North

College Streets in the First Ward of the City and County of Schenectady

and State of New York, more particularly bounded and described as

follows: Beginning at a point in the Northerly street line of Union

Street where it is intersected by the Easterly street line of North

College Street, and runs thence Northerly along the Easterly street line

of North College Street, one hundred seven and five-tenths (107.5) feet

to a point, thence easterly at an angle of ninety (90) degrees, one

hundred ninety-one and seventy-five hundredths (191.75) feet to a point

in the Northwesterly street line of Erie Boulevard thence southwesterly

along the Northwesterly street line of Erie Boulevard, one hundred

twenty-three and eight-tenths (123.8) feet to its intersection with the

Northerly street line of Union Street; thence Westerly along the

Northerly street line of Union Street, one hundred twenty-four and

fifty-five hundredths (124.55) feet to the point or place of beginning.

The above described parcel of property includes the Blue Line parcel

of land, which is a portion of the abandoned Erie Canal Lands, located

in the First Ward of the City of Schenectady, New York, and which Blue

Line parcel lies between the Northwesterly line of Erie Boulevard as set

forth in the above described premises and the Northeasterly lot line of

the old Union Street School as it runs parallel with the Northwesterly

line of Erie Boulevard as aforesaid.

The two above parcels are together more particularly described as

follows: All that parcel of land in the City of Schenectady beginning at

a point in the northerly margin of Union Street and the northwesterly

margin of Erie Boulevard and runs thence along Union Street N. 86 deg.

42' 20" W. 124.55 feet to the easterly margin of North College Street;

thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to

the southeasterly corner of lands now or formerly of McCarthy (Deed Book

1129 at page 279); thence along McCarthy, Cottage Alley and lands now or

formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.

191.75 feet to the northwesterly margin of Erie Boulevard; thence along

Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of

beginning; or (viii) any such premises or businesses located on that

tract or parcel of land situate in the Town of Hopewell, Ontario County,

State of New York, bounded and described as follows: Commencing at a

5/8" rebar found on the division line between lands now or formerly of

Ontario County - Finger Lakes Community College (Liber 698 of Deeds,

Page 466) on the north and lands now or formerly of James W. Baird

(Liber 768 of Deeds, Page 1109) on the south; thence, North 43Á-33'-40"

West, on said division line, a distance of 77.32 feet to the Point of

Beginning. Thence, North 43Á-33'-40" West, continuing on said division

line and through said lands of Ontario County, a distance of 520.45 feet

to a point on the southeasterly edge of an existing concrete pad;

thence, South 74Á-19'-53" West, along said edge of concrete and the

projection thereof, a distance of 198.78 feet to a point on the easterly

edge of pavement of an existing campus drive; thence, the following two

(2) courses and distances along said edge of pavement: Northeasterly on

a curve to the left having a radius of 2221.65 feet, a chord bearing of

North 30Á-16'-39" East, a chord distance of 280.79, a central angle of

07Á-14'-47", a length of 280.98 feet to a point of reverse curvature;

thence, Northeasterly on a curve to the right having a radius of 843.42

feet, a chord bearing of North 45Á-25'-09" East, a chord distance of

534.08, a central angle of 36Á-55'-01", a length of 543.43 feet to a

point; thence, South 30Á-04'-59" East, a distance of 18.28 feet to the

corner of the property acquired by Ontario County (Liber 766 of Deeds,

Page 1112), as shown on a map recorded in the Ontario County Clerk's

Office as Map No. 6313; thence, the following four (4) courses and

distances along said property line: South 30Á-04'-59" East, a distance

of 177.17 feet to a point; thence, South 02Á-20'-33" East, a distance of

147.53 feet to a point; thence, South 41Á-31'-35" East, a distance of

200.93 feet to a point; thence, South 23Á-48'-53" West, along said

property line, and the projection thereof, through the first said lands

of Ontario County - Finger Lakes Community College (Liber 698 of Deeds,

Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel

containing 7.834 acres, more or less, as shown on a map entitled

"Proposed Lease Area - Friends of the Finger Lakes Performing Arts

Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01,

dated June 10, 2005, last revised August 17, 2005. The related PAC

Properties are shown on the Map denominated "FLCC Campus Property, FLPAC

Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the

Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds

at page 9 and are comprised of the areas separately labeled as Parking

Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the

Entry Roads; or (ix) any such premises or businesses located on that

tract or parcel of land situate lying and being in the Town of Oneonta,

County of Otsego and State of New York and being a portion of Otsego

County Tax Map Department Parcel Number 287.00-1-33 and bounded and

described as follows: Beginning at a point 2.12 feet off the

northeasterly corner of a one story building on the lands, now or

formerly, of Abner Doubleday, LLC, aka Cooperstown All Star Village,

LLC, as owned by Martin and Brenda Patton, which point lies N 87Á55'13"

W a distance of 149.37' from the northeast corner of the Patton lands;

thence N 74Á30'18" W a distance of 51.50 feet to a point; thence S

15Á29'42" W a distance of 2.00 feet to a point; thence N 74Á30'18" W a

distance of 14.00 feet to a point; thence S 15Á29'42" W a distance of

19.20 feet to a point; thence S 74Á30'18" E a distance of 14.20 feet to

a point; thence S 15Á29'42" W a distance of 4.20 feet; thence S

74Á30'18" E a distance of 51.30 feet to a point; thence N 15Á29'42" E a

distance of 25.40 feet to a point to the point and place of beginning.

Containing an area of 1576.06 square feet, or 0.036 acres with such

bearings referencing Magnetic North 1995.

This survey is subject to any rights of way or easements which may have

been granted to utility companies; or (x) Notwithstanding any other

provision of law to the contrary, the state liquor authority may issue a

license under section fifty-one-a of this chapter to the owner and/or

operator of the parcel described in this subparagraph. The legal

description for the parcel so identified as the site is as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the city of Syracuse,

County of Onondaga and State of New York being more particularly

described as follows:

Beginning at a point in the easterly line of North Clinton Street,

said point being approximately 518.65 feet southerly along the easterly

line of North Clinton Street from its intersection with the southerly

line of Division Street; thence N. 76Á 43' 56" E. a distance of 133.65

feet to a point; thence N. 53Á 11' 01" E. a distance of 142.28 feet to a

point; thence N. 71Á 07' 02" E a distance of 16.99 feet to a point in

the westerly line of Genant Drive; thence southeasterly along the

westerly line of Genant Drive on a curve to the right with a radius of

643.94 feet, an arc length of 77.63 feet and a chord of S. 16Á 43' 54"

E. with a distance of 77.58' to the point of tangency; thence S. 13Á 17'

52" E. a distance of 265.92 feet to a point; thence on a curve to the

right with a radius of 55 feet, an arc length of 57.02 feet and a chord

of S. 16Á 23' 37" W. with a distance of 54.53 feet to the point of

tangency; thence S. 59Á 31' 29" W. a distance of 24.64 feet to a point;

thence S. 71Á 26' 56" W. a distance of 142.18 feet to a point in the

easterly line of N. Clinton Street; thence N. 28Á 09' 10" W. a distance

of 364.86 feet to the point and place of beginning. Said parcel being

approximately 1.99 acres. The aforesaid described parcel is also shown

as Lot "1B" (331 Genant Drive) according to a map entitled "A Map of

Resubdivision of a portion of Block D in the Original Village of

Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State

of New York, Known as 431 and 311 Genant Drive" by James M. Zuccolotto,

Licensed Land Surveyor, dated March 20, 2001 and last revised May 21,

2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as

Map No. 9408.

EXCEPTING AND RESERVING THEREFROM, a permanent easement and

right-of-way benefiting Niagara Mohawk Power Corporation, its successors

and assigns, upon and across that portion of the above described

premises more particularly described as follows:

Beginning at a point in the easterly line of North Clinton Street,

said point being approximately 518.65 feet southerly along the easterly

line of North Clinton Street from its intersection with the southerly

line of Division Street; thence N. 76Á 43' 56" E. a distance of 133.65

feet to a point; thence N. 53Á 11' 01" E. a distance of 142.28 feet to a

point; thence N. 71Á 07' 02" E a distance of 16.99 feet to a point in

the westerly line of Genant Drive; thence southeasterly along the

westerly line of Genant Drive on a curve to the right with a radius of

643.94 feet, an arc length of 68.17 feet to a point which is the

northeast corner of the Multi-Story Brick Building located on Lot "1B"

(311 Genant Drive) as shown on a map entitled "A Map of a Resubdivision

of a portion Of Block D in the Original Village of Syracuse into Lots 1A

and 1B, City of Syracuse, Onondaga County, State of New York, known as

431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land

Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed

in the Onondaga County Clerk's Office on May 28, 2002 as Map No. 9408

(the "Subdivision Map"); thence along the northerly line of said

Multi-Story Brick Building S. 76Á 52' 55" W. a distance 283.21 feet to

the easterly line of North Clinton Street; thence N. 27Á 59' 42" W. a

distance of 9.8' to the point and place of beginning. Said easement and

right-of-way shall be a permanent easement appurtenant, creating a

property right which shall run with the land, for the purpose of ingress

and egress by Niagara Mohawk Power Corporation, its successors and

assigns to the benefited parcel, identified as the Ash Street Substation

located on lot 1A (431 Genant Drive) as shown on the Subdivision Map,

and to access, maintain, repair, replace and remove the transformer and

containment pad and the two vaults, shown on the Subdivision Map, and

any appurtenant facilities or other property of Niagara Mohawk Power

Corporation located within said easement, provided that the Multi-Story

Brick Building, stairs and two air conditioning units shown on the

Subdivision Map and located in the easement area are part of the real

property conveyed herein and shall not be deemed to be property of

Niagara Mohawk Power Corporation.

ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its

successors and assigns, from the parcel(s) described in this deed, the

permanent right-of-way and easement to operate, maintain, replace and/or

remove any and all existing gas and electric facilities, and all

appurtenant facilities thereto, as are now erected upon the premises

above described, including the full right, privileges and authority to

cross lands of the party of the second part to gain access to said

facilities, and also including the full right, privileges and authority

to cut and remove all trees, structures, and other obstructions within

the permanent right-of-way, together with the right to cut and remove

any trees outside the permanent right-of-way which in the sole opinion

of Niagara Mohawk Power Corporation, its successors and assigns, are

deemed likely to interfere with or pose a hazard to the facilities,

provided that the Multi-Story Brick Building, stairs and two air

conditioning units shown on the Subdivision Map shall not be removed or

modified by Niagara Mohawk Power Corporation, its successors and

assigns, pursuant to this Right-of-Way and Easement.

ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its

successors and assigns, the permanent right-of-way and easement to

operate, maintain, build, construct, replace and/or remove electric and

gas distribution facilities within ten (10) feet of the edge of any

highway(s) abutting the premises herein deemed necessary by said Niagara

Mohawk Power Corporation, its successors and assigns, said easement to

include the full right, privilege and authority to cut and remove all

trees, structures, and obstructions within said easement deemed

necessary by Niagara Mohawk Power Corporation, provided that the

Multi-Story Brick Building shown on the Subdivision Map shall not be

removed or modified by Niagara Mohawk Power Corporation, its successors

and assigns, pursuant to this right-of-way and easement; or (xi) ALL

that certain plot, piece or parcel of land, situate, lying and being in

the Town of Greenburgh, County of Westchester and State of New York,

being bounded and described as follows:

BEGINNING at a point on the easterly side of Saw Mill River Road where

the same is intersected by the division line between premises

hereinafter described and lands now or formerly of One Riverdale Ave.

Development Co., Inc., said point being North 11 Degrees 23' 24" West

22.83 feet from the former North East corner of Saw Mill River Road and

Hunter Lane;

THENCE along said division line, North 82 Degrees 18' 00" East 647.08

feet to land now or formerly of One Riverdale Ave. Development Co.,

Inc.;

THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet

and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of

lands now or formerly of Hodes Daniels;

THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet,

South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West

120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east

side of Saw Mill River Road;

THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet

and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING;

or

(xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Tenth

Ward of the City of Troy, County of Rensselaer and State of New York,

known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five

(5), A Five (A5) and the southerly portions of Lots Four (4) and A Four

(A4), as the same are laid down and described on a certain Map made by

Frederick W. Orr, dated August 15, 1918, filed in the Office of the

Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said

premises hereby intended to be conveyed are bounded and described as

follows:

COMMENCING at an iron rod in the westerly side of River Street at the

most southeasterly corner of premises heretofore conveyed by Harry

Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed

dated November 8, 1940, recorded November 12, 1940 In the Office of the

Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and

running thence southerly along the westerly line of River Street 215.6

feet to a pipe in the most southeasterly corner of Lot No. A7; thence

westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more

or less to the easterly shore of the Hudson River; thence northerly

along the easterly shore of the Hudson River 216 feet more or less to

the most southwesterly corner of land heretofore conveyed by the said

Harry Goldberg and Norman Goldberg to Arthur E. Collins and another

hereinbefore recited; thence along the southerly line of lands

heretofore conveyed to said Collins and another easterly 31.75 feet;

thence northerly 6.33 feet; thence easterly 18 feet; thence southerly

6.33 feet; thence easterly 150.57 feet to the point or place of

beginning.

EXCEPTING THEREFROM that portion of the above described premises as

were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory,

Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County

Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,

Containing 17,600 square feet of land more or less.

BEARINGS refer to the magnetic meridian of 1993. Said premises are

also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage

and depth 115.60 x 220.00 being the same premises described in Book 6534

of Deeds at Page 256 in the Rensselaer County Clerk's Office and being

the same premises in the 2009 City of Troy Assessment Rolls and

90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA,

ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded

and described as follows: BEGINNING at a point marked by a capped iron

rod where the division line between lands now or formerly of Walter

Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands

herein described on the southwest intersects the northwesterly side of

River Street; running thence South 40Á 01' 52" West along the

northwesterly side of River Street a distance of 100.00 feet to a point;

thence North 49Á 45' 31" West a distance of 41.97 feet to a point at the

southwesterly corner of the building located on the herein described

premises, said point also being the northeasterly corner of the building

located on the property adjoining on the southwest; thence North 60Á 59'

40" West along the building wall located on the property adjoining on

the southwest and the northwesterly continuation of same a distance of

140.88 feet to the easterly shore of the Hudson River; thence North 30Á

16' 52" East along the shore of the Hudson River a distance of 90.90

feet to a point; thence South 60Á 44' 08" East along lands now or

formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a

distance of 31.75 feet to a point; thence North 30Á 16' 52" East

continuing along lands now or formerly of Walter Snyder Printer, Inc. a

distance of 6.33 feet to a point; thence South 60Á 44' 08" East

continuing along lands now or formerly of Walter Snyder Printer, Inc a

distance of 18.00 feet to a point; thence South 30Á 16' 52" West

continuing along lands now or formerly of Walter Snyder Printer, Inc. a

distance of 6.33 feet to a point; thence South 60Á 44' 08" East

continuing along lands now or formerly of Walter Snyder Printer, Inc. a

distance of 149.40 feet to the point and place of beginning. Be the

aforesaid dimensions in this clause more or less and encompassing lands

considered to be a single contiguous parcel.

The provisions of this paragraph shall not apply to any premises

licensed under section sixty-four of this chapter in which a

manufacturer or wholesaler holds a direct or indirect interest, provided

that: (I) said premises consist of an interactive entertainment facility

which predominantly offers interactive computer and video entertainment

attractions, and other games and also offers themed merchandise and food

and beverages, (II) the sale of alcoholic beverages within the premises

shall be restricted to an area consisting of not more than twenty-five

percent of the total interior floor area of the premises, (III) the

retail licenses shall derive not less than sixty-five percent of the

total revenue generated by the facility from interactive video

entertainment activities and other games, including related attractions

and sales of merchandise other than food and alcoholic beverages, (IV)

the interested manufacturer or wholesaler, or its parent company, shall

be listed on a national securities exchange and its direct or indirect

equity interest in the retail licensee shall not exceed twenty-five

percent, (V) no more than fifteen percent of said licensee's purchases

of alcoholic beverages for sale in the premises shall be products

produced or distributed by the manufacturer or wholesaler, (VI) neither

the name of the manufacturer or wholesaler nor the name of any brand of

alcoholic beverage produced or distributed by said manufacturer or

wholesaler shall be part of the name of the premises, (VII) the name of

the manufacturer or wholesaler or the name of products sold or

distributed by such manufacturer or wholesaler shall not be identified

on signage affixed to either the interior or the exterior of the

premises in any fashion, (VIII) promotions involving alcoholic beverages

produced or distributed by the manufacturer or wholesaler are not held

in such premises and further, retail and consumer advertising

specialties bearing the name of the manufacturer or wholesaler or the

name of alcoholic beverages produced or distributed by the manufacturer

or wholesaler are not utilized in any fashion, given away or sold in

said premises, and (IX) except to the extent provided in this paragraph,

the licensing of each premises covered by this exception is subject to

all provisions of section sixty-four of this chapter, including but not

limited to liquor authority approval of the specific location thereof.

The provisions of this paragraph shall not prohibit (1) a manufacturer

or wholesaler, if an individual, or a partner, of a partnership, or, if

a corporation, an officer or director thereof, from being an officer or

director of a duly licensed charitable organization which is the holder

of a license for on-premises consumption under this chapter, nor (2) a

manufacturer from acquiring any such premises if the liquor authority

first consents thereto after determining, upon such proofs as it shall

deem sufficient, that such premises is contiguous to the licensed

premises of such manufacturer, and is reasonably necessary for the

expansion of the facilities of such manufacturer. After any such

acquisition, it shall be illegal for a manufacturer acquiring any such

premises to sell or deliver alcoholic beverages manufactured by him to

any licensee occupying such premises; or

(xiii) any such premises or business located in the Town of Carmel,

County of Putnam, State of New York, and being more particularly bounded

and described as follows:

BEGINNING at a point on the westerly side of U.S. Route 6 where the

same is intersected by Lot No. 1 as shown on "Minor Subdivision Plat

Prepared for Hinckley Holdings LLC Between Tax Lots 55.10-1-1, 55.10-1-3

& 55.6-1-53," filed in the Putnam County Clerks' office on July 18, 2018

as filed map no. 3196 and lands now or formerly of the Putnam County

Bike path; THENCE from said point of beginning along the westerly side

of U.S. Route 6, S 14Á 39' 25" E 16.79' to the intersection of Lot Nos.

1 & 3 as shown on the aforementioned filed map no. 3196; THENCE along

the dividing line between Lot Nos. 1 & 3 as shown on the aforementioned

filed map no. 3196, S 75Á 20' 35" W 6.53' to a point on a curve to the

right; THENCE along said curve to the right with a radius of 150.00', a

length of 49.19' and a central angle of 18Á 47' 25" to a point; thence N

85Á 52' 00" W 743.76', S 2Á 05' 46" W 866.14' and N 88Á 19' 25" W

258.90' to a point at the intersection of Lot Nos. 1, 2, & 3 as shown on

the aforementioned filed map no. 3196; THENCE along the dividing line

between Lot Nos. 1 & 2 as shown on the aforementioned filed map no.

3196, N 28Á 38' 52" W 218.96' and N 77Á 16' 24" W 239.77' to a point on

a curve to the right; THENCE along said curve to the right with a radial

bearing of S 84Á 14' 21" E, a radius of 150.00', a length of 14.91' and

a central angle of 5Á 41' 49" to a point; thence N 11Á 27' 28" E 300.64'

to a point on a curve to the left; THENCE along said curve to the left

with a radius of 70.00', a length of 121.16' and a central angle of 99Á

10' 18" to a point; THENCE N 87Á 42' 50" W 58.65' to a point on the

easterly side of Seminary Hill Road; THENCE along the easterly side of

Seminary Hill Road, N 24Á 43' 45" E 16.72', N 22Á 06' 20" E 413.76', N

31Á 12' 50" E 6.29', N 43Á 03' 10" E 4.16' and N 42Á 32' 19" E 6.72' to

a point at the intersection of Lot No. 1 as shown on the aforementioned

filed map no. 3196 and lands now or formerly of the Putnam County

Bikepath; THENCE along the dividing line between Lot No. 1 as shown on

the aforementioned filed map no. 3196 and lands now or formerly of the

Putnam County Bikepath, N 63Á 24' 48" E 12.80', N 72Á 52' 19" E 17.05',

S 68Á 45' 13" E 41.08', S 88Á 19' 31" E 215.42', S 29Á 05' 17" E 71.85',

S 74Á 05' 17" E 393.67' and S 85Á 52' 00" E 617.85' to the point and

place of BEGINNING. Containing within said bounds 13.003 acres of land

more or less.

* (xiv) ALSO ALL THOSE TRACT OR PARCEL OF LAND, situate, lying and

being in the Village of South Glens Falls, County of Saratoga and State

of New York, being more particularly bounded and described as follows:

BEGINNING at a point at the southwest corner of the herein described

parcel. Also being the southeast corner of Lands of Village of South

Glens Falls (L. 1448 P. 709) and being on the north boundary of West

Marion Street, thence from said point of beginning: n 21-21'-57" E

150.72 feet along lands of the Village of South Glens Falls to a point

on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04

feet along lands of Village of South Glens Falls and Mounir Rahal to a

point at the southeast corner of Rahal and on the west boundary of U.S.

Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the

intersection of the west boundary of Rte. 9 and the north boundary of

West Marion Street, thence North 67-32'-32" West 189.29 feet along West

Marion Street to the point and place of beginning. Said parcel

containing 0.507 plus or minus acres; or

* NB There are 3 sbpar (xiv)'s

* (xiv) any such premises or business constituting an alcoholic

beverage manufacturer or wholesaler in the town of Hyde Park, county of

Dutchess owned and operated by the Culinary Institute of America, a

not-for-profit 501(c)(3) higher education institution chartered by the

New York state board of regents located at:

SCHEDULE A

ALL that certain tract, lot and parcel of land lying and being in the

Town of Hyde Park, County of Dutchess and State of New York, being more

particularly described as follows:

BEGINNING at a point on the easterly side of Albany Post Road (NYS

Route 9), said point being the southwesterly corner of the herein

described premises and the northwesterly corner of lands now or formerly

of Traver; running thence along the said easterly side of Albany Post

Road the following four (4) courses and distances: North 03Á 15' 30"

East 68.91 feet, North 09Á 35' 20" East 31.09 feet, North 06Á 53' 00"

East 148.62 feet, and North 12Á 25' 00" East 62.03 feet to the corner

formed by the intersection of the said easterly side of Albany Post Road

and the Southerly side of West Dorsey Lane; running thence along the

said southerly side of West Dorsey Lane North 38Á 26' 00" East 25.02

feet, North 63Á 13' 00" East 37.83 feet, and North 67Á 25' 00" East

121.38 feet to the northwest corner of lands now or formerly of

Firneiss; running thence along the westerly and southerly line of lands

now or formerly of Firneiss, South 03Á 16' 59" East 179.57 feet and

South 79Á 13' 59" East 121.73 feet to lands now or formerly of Maidman;

running thence along the westerly line of lands now or formerly of

Maidman South 28Á 34' 00" West 105.08 feet, South 32Á 18' 00", East

12.15 feet, and South 35Á 55' 00" West 193.04 feet to lands now or

formerly of Traver; running thence along lands now or formerly of Traver

North 68Á 00' 00" West 188.12 feet to the said easterly side of Albany

Post Road, the point or place of beginning.

EXCEPTING AND RESERVING THEREFROM:

ALL that piece or parcel of property hereinafter designated as Parcel

No. 72, being a portion of Section 6063-02, Parcel 987506, as shown on

the Official Tax Map, situate in the Town of Hyde Park, County of

Dutchess, State of New York as shown on the accompanying map and

described as follows:

PARCEL NO. 72

BEGINNING at a point on the southeasterly boundary of the existing

West Dorsey Lane at the intersection of the said boundary with the

division line between the property of Herbert Redl (reputed owner) on

the west and the property of Michael Firneiss and Margaretha Firneiss

(reputed owner) on the east, said point being 160+ feet distant

easterly, measured at right angles, from station H2654-74+ of the

hereinafter described survey baseline for the reconstruction of the

Poughkeepsie-Hyde Park State Highway No. 453; thence southerly along

said division line 59+ feet to a point 168+ feet distant easterly,

measured at right angles, from station H265+16+ of said baseline; thence

through the property of Herbert Redl (reputed owner) the following two

(2) courses and distances: (1) South 74Á 03'-27" West 68+ feet to a

point 101.00 feet distant easterly, measured at right angles, from

station H265+08.00 of said baseline; and (2) North 30Á 39' 40" West, 32+

feet to a point on the southerly boundary of said existing West Dorsey

Lane, the last mentioned point being 86± feet distant easterly, measured

at right angles, from station H265+37+ of said baseline; thence

northeasterly along the last mentioned boundary of said existing West

Dorsey Lane, 83+ feet to the point of beginning; being 3,327 square feet

or 0.076 acre more or less.

The above mentioned survey baseline is a portion of the 1988 survey

baseline for the reconstruction of the Poughkeepsie-Hyde Park, State

Highway No. 453 as shown on a map and plan on file in the office of the

State Department of Transportation and described as follows:

BEGINNING at a station H258+36.14; thence North 09Á 19'45" West to

station H267+62.73.

ALL bearings referred to TRUE NORTH at the 74' - 20' MERIDIAN OF WEST

LONGITUDE.

SUBJECT to utility company agreements, easements, covenants,

conditions and restrictions of record.

SUBJECT to the following restrictions, to run with the land in

perpetuity and be enforceable at law or in equity by the party of the

first part, its successors and assigns:

(i) the premises may not be used, in whole or in part, for any form of

live entertainment including, but not limited to, bands or DJ's, at any

time; provided however, this restriction shall automatically terminate

five (5) years from the date of this deed; and

(ii) if the premises are used to serve any form of alcoholic beverage,

the premises must be closed for business no later than 11:59 o'clock

p.m. every day; provided, however, this restriction shall automatically

terminate five (5) years from the date of this deed.

The party of the second part waives and releases any claim that said

restrictions are unenforceable for any reason, including the allegation

that such restrictions constitute a restraint upon alienation, are an

unreasonable restriction or restraint on business or economic

development, are a violation of any law, regulation or right, or that

they are not for the benefit of adjoining lands, or are not part of a

common scheme or plan, it being clearly understood and expressly agreed

by the parties that these restrictions are for the benefit of the party

of the first part's other businesses and properties, for the term set

forth above both now and hereafter, and that the lack of such

restrictions will damage and harm the grantor, its successors and

assigns. Without all of these restrictions, the party of the first part

would not sell the premises to the party of the second part. In any

proceeding to enforce said restrictions or prevent the violation

thereof, the party of the first part shall be entitled to judgment for

its costs and reasonable attorney's fees.

The parties execute this deed to acknowledge the preceding

restrictions.

The premises are not in an agricultural district and are entirely

owned by the transferor.

This conveyance was unanimously approved by the board of directors of

the grantor corporation and all of its shareholders. This statement is

made pursuant to Section 909 of the Business Corporation Law.

SCHEDULE B

ALL that plot, piece or parcel of land situate and being in the Town

of Hyde Park, County of Dutchess and State of New York, bounded and

described as follows:

BEGINNING at a point on the westerly boundary of US Route 9, (AKA

Albany Post Road), said point being the southeasterly corner of the

herein described parcel and said point being the northeasterly corner of

the lands now or formerly of St Andrews Chapel; thence along the

division line between the herein described parcel and said lands now or

formerly of St Andrews Chapel; N 75Á47'50" W 14.13 feet, N 88Á00'00" W

19.26 feet, S 89Á03'40" W 71.81 feet, N 85Á27'10" W 26.53 feet, N

78Á46'10" W 19.94 feet, N 67Á29'50" W 16.69 feet, N 59Á35'20" W 19.23

feet, N 38Á17'40" W 23.84 feet, N 24Á05'30" W 19.00 feet, N 09Á55'10" W

37.76 feet, N 14Á28'00" W 46.56 feet, N 27Á34'30" W 37.18 feet, N

41Á31'30" W 33.65 feet, N 49Á50'10" W 23.03 feet, N 53Á39'00" W 32.91

feet, S 14Á48'10" W 3.06 feet, S 44Á29'40" W 7.00 feet, S 44Á31'13" W

59.42 feet, S 49Á07'20" 18.46 feet, S 71Á48'50" W 21.08 feet, N

79Á41'00" W 22.25 feet and 12Á45'40" W 164.91 feet to a point on the

northerly boundary of Marilyn C. Hoe as described in Liber 1859 of deeds

at page 118; thence along the division line between the herein described

parcel and said lands now or formerly of Hoe, N 77Á14'20" W 144.93 feet,

N 78Á11'10" W 166.93 feet, N 77Á46'10" W 113.88 feet, N 75Á19'10Á W

99.31 feet and N 76Á27'50" W 255.82 feet to a point on the easterly

bounds of the lands now or formerly of New York Central Lines LLC as

described in deed document # 02-1999-5513; thence along the division

line between the herein described parcel and said lands now or formerly

of New York Central Lines LLC, N 07Á10'10" E 386.40 feet, S 81Á18'10" E

12.00 feet, N 08Á41'50" E 600.00 feet, N 12Á59'10" E 200.56 feet and N

08Á41'50" E 151.13 feet to the point of curvature of a non-tangent curve

to the right having a radius of 3010.00 feet; thence northeasterly along

said curve an arc length of 240.05 feet, having a chord bearing N

10Á57'40" E 239.98 feet to a point; thence N 76Á46'30" W 10.00 feet, N

13Á13'30" E 499.68 feet and N 02Á20'30" E 132.97 feet to the point of

curvature of a non-tangent curve to the left having a radius of 4077.00

feet; thence northeasterly along said curve an arc length of 249.92

feet, having a chord bearing N 11Á02'44" E 249.88 feet to a point;

thence N 25Á43'50" E 134.21 feet, N 07Á55'30" E 257.99 feet, N 07Á21'10"

W 285.52 feet, N 02Á27'50" E 482.00 feet, N 47Á10'10" W 26.25 feet, N

02Á27'50" E 466.37 feet and N 87Á32'10" W 20.00 feet to the point of

curvature of a non-tangent curve to the left having a radius of 3165.00

feet; thence northwesterly along said curve an arc length of 293.54

feet, having a chord bearing N 00Á11'31" W 293.43 feet to a point;

thence N 01Á22'30" E 110.01 feet to the point of curvature of a

non-tangent curve to the left having a radius of 3175.00 feet; thence

northwesterly along said curve an arc length of 141.96 feet, having a

chord bearing N 06Á06'27" W 141.95 feet to a point; thence along the

division line between the herein described parcel and the lands now or

formerly of the United States of America as described in deed document

402-2002-4850 and designated as Lot 1 as shown on Filed Map #10481, S

36Á25'00" E 87.53 feet, S 57Á59'40" E 52.51 feet, S 77Á19'10" E 166.22

feet, S 77Á55'50" E 100.43 feet, S 77Á40'40" E 107.11 feet, N 35Á39'40"

E 233.03 feet, N 36Á54'30" E 105.52 feet, N 69Á23'50" E 179.67 feet, N

35Á19'50" E 60.26 feet, N 60Á24'40" E 155.25 feet, N 08Á43'28" E 923.94

feet, S 77Á31'22" E 34.05 feet, N 28Á59'38" E 583.86 feet and S

77Á26'02" E 436.02 feet to a point; thence along the division line

between the herein described parcel and the lands now or formerly of

Gardner and Donna Van Valkenburg as described in deed document

#02-2001-10201 and also along the lands now or formerly of Edwin D. Beck

as described in Liber 1697 of deeds at page 301, S 14Á34'48" W 95.96

feet, N 75Á25'12" W 10.00 feet, S 14Á34'48" W 125.00 feet, S 75Á25'12" E

10.00 feet, S 14Á34'48" W 325.00 feet and S 75Á25'12" E 203.05 feet to a

point on the westerly bounds of U.S. Route 9; thence along the westerly

bounds of U.S. Route 9, S 14Á12'43" W 366.41 feet, N 75Á47'17" W 3.21

feet, S 16Á51'36" W 357.10 feet, S 16Á51'37" W 264.56 feet, S 17Á21'41"

W 200.79 feet, S 06Á47'36" W 236.91 feet, S 03Á54'03" E 113.84 feet, S

11Á33'18" W 168.19 feet, S 11Á33'18" W 144.66 feet, S 24Á42'50" W 210.43

feet, S 14Á35'17" W 42.95 feet, S 15Á01'19" W 27.66 feet, S 11Á16'33" E.

114.76 feet, S 11Á22'40" W 1485.99 feet, S 02Á37'22" W 92.32 feet, S

07Á24'10" W 114.00 feet, S 11Á34'59" W 200.60 feet, S 06Á37'42" W 438.02

feet, S 09Á11'00" W 460.65 feet, S 13Á21'53" W 180.57 feet, S 18Á59'07"

W 45.72 feet, S 21Á30'45" W 19.23 feet, S 10Á46'21" W 148.66 feet, S

16Á10'46" W 157.35 feet, S 09Á41'50" W 135.29 feet, and S 16Á37'07" W

229.64 feet to the point or place of beginning.

CONTAINING 171.33 ACRES OF LAND MORE OR LESS.

EXCEPTING and reserving all that plot, piece or parcel of land situate

and being in the Town of Hyde Park, County of Dutchess and State of New

York, known as St. Andrews Cemetery, bounded and described as follows:

BEGINNING at the southeasterly corner of the herein described parcel,

said point being located N 12Á20'30" E 32.21 feet from the southwesterly

corner of the lands of the Culinary Institute of America as described in

Liber 1666 of deeds at page 607, thence along the division line between

the herein described parcel and said lands of the Culinary Institute of

America, N 77Á39'30" W 331.51 feet, N 12Á20'30" E 373.20 feet, S

77Á39'30" E 331.51 feet and S 12Á20'30" W 373.20 feet to the point or

place of beginning.

CONTAINING 2.84 ACRES OF LAND MORE OR LESS.

* NB There are 3 sbpar (xiv)'s

* (xiv) ALL that certain plot, piece or parcel of land, with the

buildings and improvements thereon erected, situate, lying and being at

Bay Shore, in the town of Islip, county of Suffolk and state of New

York, bounded and described as follows:

BEGINNING at a point on the northerly side of Spur Drive North distant

143.78 feet westerly from the corner formed by the intersection of the

northerly side of Spur Drive North and the westerly side of Fifth

Avenue;

RUNNUNG THENCE South 86 degrees 45 minutes 15 seconds West along the

northerly side of Spur Drive North 175.00 feet;

THENCE North 43 degrees 41 minutes 20 seconds West 32.44 feet to the

easterly side of 5th Industrial Court;

THENCE North 5 degrees 52 minutes 00 seconds East along the easterly

side of 5th Industrial Court 175.00 feet;

THENCE North 86 degrees 45 minutes 15 seconds East 200.00 feet;

THENCE South 5 degrees 52 minutes 00 seconds West 200 feet to the

northerly side of Spur Dive North and the point or place of BEGINNING.

Being and intended to be the same premises as conveyed to the Grantor

herein by deed January 7, 2000 and recorded January 24, 2000 in Liber

12015, page 422. Notwithstanding section one hundred seven-a of this

article, the retail licensee and brand owner located at the premises

described in subparagraph (xviii) of paragraph (a) of subdivision

thirteen of section one hundred six of this article and further

identified as Parcel A in such subparagraph may designate the

manufacturer licensee located at the premises described in this

subparagraph as owner of such brands for purposes of brand label

registration and price scheduling under this chapter.

* NB There are 3 sbpar (xiv)'s

(xv) any such premises located on that certain tract or parcel of

land, situate in the City of Rochester, County of Monroe and State of

New York, bounded and described as follows:

BEGINNING at a point on the northerly right-of-way line of East

Avenue; said point being easterly 125.43 feet from the easterly

right-of-way line of Alexander Street, as measured along said northerly

right-of-way line of East Avenue; thence,

1. N 07Á 17' 46" E, a distance of 218.26 feet to a point; thence,

2. N 39Á 14' 18" W, a distance of 27.51 feet to a point; thence,

3. N 20Á 00' 35" E, a distance of 121.48 feet to a point; thence,

4. N 39Á 47' 19" W, a distance of 32.64 feet to a point; thence,

5. .S 74Á 12' 52" W, a distance of 30.93 feet to the point of

intersection with the aforementioned easterly right-of-way line of

Alexander Street; thence the following three (3) courses along said

easterly right-of-way line.

6. N 20Á 04' 36" E, a distance of 210.80 feet to an angle point;

thence;

7. N 20Á 23' 26" E, a distance of 48.84 feet to a point of

intersection with the common line dividing lands at 390 East Avenue on

the south and lands of 350 Alexander Street on the north; thence,

8. N 20Á 23' 26" E, continuing along the easterly right-of-way line, a

distance of 141.65 feet to a point; thence,

9. S 68Á 41' 56" E, a distance of 81.10 feet to a point; thence,

10. S 21Á 46' 08" W, a distance of 142.27 feet to a point; thence,

11. S 68Á 13' 59" E, a distance of 92.32 feet to a point; thence,

12. S 20Á 04' 36" W, a distance of 600.00 feet to a point of

intersection with the aforementioned northerly right-of-way line of East

Avenue; thence,

13. N 71Á 32' 04" W, along said northerly right-of-way line, a

distance of 44.84 feet to the Point of Beginning,

TOGETHER WITH THE BENEFITS and subject of the burdens of a certain

Easement Agreement for Ingress, Egress & Parking by and between City

East LLC and 384 East Avenue Inn of Rochester, LLC dated February 22,

2017 and recorded February 23, 2017 in Liber 11824 of Deeds, page 507,

as amended by a certain Amended and Restated Easement Agreement for

Ingress, Egress & Parking by and between City East LLC and 384 East

Avenue Inn of Rochester, LLC dated October 10, 2019 and recorded October

15, 2019 in Liber 12254 of Deeds page 451.

(xvi) any such premises located on that certain piece or 2.68 acre

parcel of land situate in the Village of Lake Placid, Town of North

Elba, County of Essex, State of New York being part of Lot 279, Township

11, Old Military Tract, Richards' Survey lying northeast of Searle Lane,

so-called, fka Park Place, Rider Street, New Street, and Shadyside, a

partially opened street maintained by the Village of Lake Placid and

Mirror Lake Drive, so-called fka Lake Placid Club Drive, Shore Drive,

and Mirror Street, a village maintained street, and said parcel being

more particularly described as follows:

Beginning at a point in the center of Searle Lane at the most southerly

corner of the premises; Thence, North 36Á 50' 00" West, 498.55 feet

along the center of Searle Lane to a point in the bounds of Mirror Lake

Drive, and being the most westerly corner of the premises; Thence, North

37Á 10' 00" East, 255.37 feet along the bounds of Mirror Lake Drive to a

point at the most northerly corner of the premises; Thence, South 52Á

50' 00" East, 95.66 feet along a line parallel to and thirty-six feet

(36') distant from the north wall of the "dorm", so-called, to a point;

Thence, South 23Á 43' 00" East, 80.00 feet along a line parallel to and

thirty feet (30') distant from the east wall of the "dorm" to a point;

Thence, South 00Á 24' 00" East, 293.48 feet along the east line of the

premises to an angle point; Thence, South 36Á 50' 00" East, 150.00 feet

along the east line of the premises to an angle point and being the most

easterly corner; Thence, South 53Á 10' 00" West, 135.00 feet along the

southeast line of the premises to the Point-of-Beginning and

encompassing therein 2.68 acres more or less. All bearings are oriented

to NYS Grid North, East Zone. Together with all right, title and

interest in and to the land to the center of Mirror Lake Drive as it

abuts the premises herein above described. Granting and Reserving all

structures, wires, lines, easements of record, if any, for public

utilities and highway purposes as the same now exist upon or affect the

premises hereinabove described. Being part of the premises conveyed by

Lake Placid Land Corporation to Placid Gold, LLC by deed dated the 24th

day of May 1996 and recorded in the Essex County Clerk's Office in Deed

Book 1113 at Page 302. The lands conveyed are subject to the Terms and

Conditions of Adirondack Park Agency Permit Nos. 96-316, 96-316A,

96-316A, 97-38, 97-38A, 98-307, 98-307A which are binding upon the

heirs, successors and assigns of the grantors and all subsequent

grantees. Said parcel being the Dormitory lot and Lot Nos. 1, 2, 3 and 4

of the Executive Lodge Subdivision, Section 1, Lake Placid Resort, filed

in the Essex County Clerk's Office as Map No. 3057 the 6th day of May

1981 and depicted on the 2010 Village of Lake Placid Tax Map No. 042.0HL

in Block 7 as Parcel 29,000.

(xvii) any parcel of land, situate, lying and being in the Borough of

Manhattan, City, County and State of New York, bounded and described as

follows:

Beginning at a point on the southerly side of 72nd Street distant 179

feet easterly from the southerly corner of Amsterdam Avenue and 72nd

Street; Running thence southerly and parallel with the easterly side of

Amsterdam Avenue 102 feet 2 inches to the center line of the block;

Thence easterly and parallel with the southerly side of 72nd Street 21

feet; Thence northerly and parallel with the easterly side of Amsterdam

Avenue and part of the distance through a party wall 102 feet 2 inches

to the southerly side of 72nd Street; Thence westerly along the

southerly side of 72nd Street 21 feet to the point or place of

Beginning.

* (xviii) All that certain lot, piece or parcel of land, with the

buildings and improvements thereon erected, situate, lying and being on

the northerly side of Seneca Street in the city of Geneva, county of

Ontario and state of New York, more particularly bounded and described

as follows:

PARCEL 1

BEGINNING at a point in the northerly line of said Seneca street and

distant one hundred eighteen and five-tenths (118.5) feet westerly,

measured along said northerly line of Seneca Street, from the westerly

line of Linden Street, as at present monumented by the city of Geneva;

thence running (1) northerly at an angle in the northwest quadrant of

ninety (90) degrees, sixteen (16) minutes with the northerly line of

Seneca Street a distance of one hundred ninety-two and five-tenths

(192.5) feet, more or less, to a point in the old line fence, which

point is the northeasterly corner of the premises; thence running (2)

westerly along said old line fence at an angle in the northwest quadrant

of eighty-five (85) degrees, fifty-two (52) minutes with the line fence

herein described a distance of seventy-eight and two-tenths (78.2) feet

to a point; thence running (3) northerly at an angle in the northeast

quadrant of ninety-four (94) degrees, four (4) minutes with the last

described course and along a jog in said fence a distance of three and

five-tenths (3.5) feet, more or less, to a point; thence running (4)

westerly and continuing along said old fence line a distance of eleven

and five-tenths (11.5) feet, more or less, to a point, which point is

the northwest corner of the premises, and running thence (5) in a

southerly direction a distance of two hundred two (202) feet, more or

less, to the northerly line of said Seneca Street, as now monumented,

which point is the southwest corner of the premises, and running thence

(6) along the northerly line of said Seneca Street a distance of

eighty-nine and seven-tenths (89.7) feet to the point or place of

beginning.

PARCEL 2

All that certain lot, piece or parcel of land situate in the city of

Geneva, County of Ontario and state of New York, more particularly

bounded and described as follows:

Commencing at a point in the east line of lands of Agnes Dempsey Doxsee,

said point being one foot south of the south wall of the present barn

now on said land, and running thence southerly about twenty-nine (29)

feet, more or less, to the north line of the lands of the S-G Theatre

Corporation; thence westerly along the north line of the land of the S-G

Corporation thirty-three (33) feet to a point; thence northerly and

parallel with the first course hereof and along the westerly line of the

lands of Agnes Dempsey Doxsee to a point; which point if measured in a

straight line east and west would be one (1) foot south of the south

line of the present barn; thence easterly thirty-three (33) feet to the

place of beginning.

Being the same premises shown on a map of a survey prepared by William

J. Newton, L.S. dated January 15, 1975 (Survey No. 74-202-C) filed in

the Ontario County Clerk's office.

* NB There are 3 sbpar (xviii)'s

* (xviii) ALL that certain plot, piece or parcel of land, with the

buildings and improvements thereon erected, situate, lying and being in

the Town of East Hampton, County of Suffolk and State of New York, known

and designated as Lots 81 through 86, inclusive in Block 2, as shown on

that certain map entitled, "Map of Montauk Manor, Section 1", which Map

was filed in the Office of the Clerk of the County of Suffolk on

September 1, 1911 as Map #518, said lots when taken together, are more

particularly bounded and described as follows:

BEGINNING at a point of intersection of the easterly side of Washington

Street and the division line between lands now or formerly of B & B

Precision Realty, Inc., and the premises herein described;

RUNNING THENCE from said point of beginning along the last mentioned

division line South 58 degrees 15 minutes 48 seconds East 100 feet to a

point on the division line between lands now or formerly of B & B

Precision Realty, Inc., lands now or formerly of Grace Friedman and the

premises herein described;

RUNNING THENCE along the last mentioned division line South 32 degrees

39 minutes 17 seconds West 120.02 feet to a point on the division line

between lands now or formerly of Hattie Jones and the premises herein

described;

THENCE RUNNING along the last mentioned division line North 58 degrees

15 minutes 48 seconds West 100 feet to a point on the easterly side of

Washington Avenue;

THENCE RUNNING along same North 32 degrees 39 minutes 17 seconds East

120.02 feet to the point or place of BEGINNING. Notwithstanding section

one hundred seven-a of this article, the retail licensee and brand owner

located at the premises described in subparagraph (xviii) of paragraph

(a) of subdivision thirteen of section one hundred six of this article

may designate the importer licensee located at the premises described in

this subparagraph as owner of such brands for purposes of brand label

registration and price scheduling under this chapter.

* NB There are 3 sbpar (xviii)'s

* (xviii) ALL that certain plot, piece or parcel of land, situate,

lying and being in the Borough of Manhattan, City, County and State of

New York, bounded and described as follows:

Parcel A

BEGINNING at the intersection of the southerly line of South Street,

135 feet wide, and the westerly line of Block 2 Lot 3;

THENCE RUNNING the following seven (7) courses and distances:

(1) Along said westerly line of Block 2 Lot 3, South 16 degrees 50

minutes 39 seconds East a distance of 145.30 feet to a point;

(2) THENCE still along said westerly line of Block 2 Lot 3, North 73

degrees 09 minutes 21 seconds East a distance of 28.67 feet to a point;

(3) THENCE still along said westerly line of Block 2 Lot 3, South 16

degrees 50 minutes 39 seconds East a distance of 419.26 feet to a point

on the U.S. Pierhead Line approved by Secretary of War, February 25,

1918;

(4) THENCE along said U.S. Pierhead Line, South 73 degrees 09 minutes

21 seconds West a distance of 317.76 feet to a point;

(5) THENCE still along said U.S. Pierhead Line, South 87 degrees 11

minutes 44 seconds West a distance of 36.57 feet to a point on the

easterly line of Block 2 Lot 1;

(6) THENCE along the northerly line of Block 2 Lot 1, North 15 degrees

30 minutes 29 seconds West a distance of 555.84 feet to a point on said

southerly line of South Street; and

(7) THENCE along said southerly line of South Street, North 73 degrees

09 minutes 21 seconds East a distance of 311.61 feet to the point of

BEGINNING.

EXCEPTING THEREFROM the slips, and those certain portions of the

ground floor as delineated on the diagrams annexed to the Sublease (i)

with the cross-hatching on the schematic drawing of the ground floor

depicted on page 1 of Annex 1 and (ii) with black shading or

cross-hatching on the schematic drawing of Annex 2.

Parcel B

All that certain Lot, piece or parcel of land, with the buildings and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County of New York, State of New York:

Borough of Manhattan, City, County and State of New York, bounded and

described as follows:

BEGINNING at the corner formed by the intersection of the westerly

side of Broadway and the southerly side of Morris Street;

THENCE southerly along the westerly side of Broadway, 203 feet 1-3/4

inches Survey (203 feet 2-1/4 inches Deed more or less), to the

northerly side of lands formerly belonging to Eve White;

THENCE westerly along the northerly side of said lands formerly

belonging to Eve White 201 feet 2 inches Survey (200 feet 8 inches Deed

more or less), to the easterly side of Greenwich Street;

THENCE northerly along the easterly side of Greenwich Street 231 feet

1-3/4 inch Survey (231 feet 1-3/4 inches Deed) to the southeasterly

corner of Greenwich and Morris Streets; and

THENCE easterly along the southerly side of Morris Street, 248 feet 2

inches Survey (248 feet 3 inches Deed) to the point or place of

BEGINNING.

Parcel C

All that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at the corner formed by the intersection of the easterly

side of William Street and the southerly side of Wall Street;

RUNNING THENCE easterly along the southerly side of Wall Street 198.11

feet to the corner formed by the intersection of the westerly side of

Hanover Street and the southerly side of Wall Street;

THENCE southerly along the westerly side of Hanover Street 52.33 feet

to an angel point therein;

THENCE southerly still along the westerly side of Hanover Street 88.34

feet to the corner formed by the intersection of the westerly side of

Hanover Street and the northerly side of Exchange Place;

THENCE westerly along the northerly side of Exchange Place 206.41 feet

to the corner formed by the intersection of the northerly side of

Exchange Place and the easterly side of William Street;

THENCE northerly along the easterly side of William Street 76.79 feet

to an angle point therein;

THENCE northerly still along the easterly side of William Street 95.00

feet to the point or place of BEGINNING.

THE ABOVE LAND HAVING ALSO BEEN DESCRIBED PURSUANT TO A SURVEY

PREPARED BY EARL B. LOVELL- S.P. BELCHER ORIGINALLY DATED NOVEMBER 5,

1952 AS FOLLOWS:

All that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at the corner formed by the intersection of the easterly

side of William Street and the southerly side of Wall Street;

RUNNING THENCE easterly along the southerly side of Wall Street 197.94

feet to the corner formed by the intersection of the westerly side of

Hanover Street and the southerly side of Wall Street;

THENCE southerly along the westerly side of Hanover Street 140.78 feet

to the corner formed by the intersection of the westerly side of Hanover

Street and the northerly side of Exchange Place;

THENCE westerly along the northerly side of Exchange Place 204.92 feet

to the corner formed by the intersection of the northerly side of

Exchange Place and the easterly side of William Street;

THENCE northerly along the easterly side of William Street 171.76 feet

to the point or place of BEGINNING.

Parcel D

All THOSE PARCELS of land situate in the Borough of Manhattan, City,

County and State of New York, below a horizontal plane drawn at an

elevation of 500 feet above the NAVD 88 datum level, bounded and

described as follows:

BEGINNING at the corner formed by the intersection of the northerly

side of East 42nd Street and the easterly side of former Depew Place

(now closed and discontinued);

THENCE RUNNING northerly along the said easterly side of former Depew

Place, 340 feet 4 inches;

THENCE RUNNING westerly and parallel with the northerly side of East

42nd Street, 394 feet 4 inches to a point on the easterly side of

Vanderbilt Avenue, which point is distant 340 feet 4 inches northerly

from the corner formed by the intersection of the northerly side of East

42nd Street and the easterly side of Vanderbilt Avenue;

THENCE RUNNING southerly along the easterly side of Vanderbilt Avenue,

340 feet 4 inches to its intersection with the northerly side of East

42nd Street:

THENCE RUNNING easterly along the northerly side of East 42nd Street,

394 feet 4 inches to the corner, the point or place of BEGINNING.

Parcel E

ALL that plot of land (the "Land"), together with the improvements

thereon, in the Borough of Manhattan, County of New York, City of New

York and State of New York, said Land being bounded and described as

follows:

BEGINNING at a point on the southerly side of 42nd Street distant one

hundred twenty-five (125) feet westerly from the corner formed by the

intersection of the southerly side of 42nd Street with the westerly side

of Lexington Avenue; and running

THENCE Southerly and parallel with Lexington Avenue ninety-eight (98)

feet nine (9) inches;

THENCE Westerly and parallel with 42nd Street fifty (50) feet to a

point in the easterly line of premises conveyed by Pershing Square

Building Corporation to The Bowery Savings Bank by deed dated January 4,

1921 and recorded in the Office of the Register of the County of New

York on January 5, 1921 in Liber 3190 of Conveyances at Page 440;

THENCE Southerly along the easterly side of said premises on a line at

right angles to the southerly side of 42nd Street ninety-eight (98) feet

nine (9) inches to the northerly side of 41st Street;

THENCE westerly along the northerly side of 41st Street one hundred

four (104) feet six (6) inches more or less to a point from which a line

drawn northerly to the southerly side of 42nd Street and parallel with

Park Avenue and at right angles with the northerly side of 41st Street

would run through the center of the seventh row (reading easterly from

Park Avenue) of column locations as shown by circular indications

thereof upon map entitled: "State of New York, Transit Construction

Commissioner, Engineering Department, Route Number 43, Section Number 1,

Borough of Manhattan, Map or Plan showing property for resale east side

of Park Avenue between East 41st Street and East 42nd Street, signed by

D. L. Turner, Chief Engineer, dated February 4, 1920 (as revised May 25,

1920) and designated as drawing number 175, file number 3801", which map

is annexed to the deed above mentioned;

THENCE Northerly along said line one hundred ninety-seven (197) feet

six (6) inches to the southerly side of 42nd Street; and

THENCE Easterly along the southerly side of 42nd Street one hundred

fifty-four (154) feet six (6) inches more or less to the point or place

of BEGINNING.

Parcel F

ALL THAT CERTAIN plot, piece, or parcel of land, situate, lying and

being in the Borough of Manhattan, New York County, City and State of

New York, bounded and described as follows:

BEGINNING at the comer formed by the intersection of the southerly

line of West 61st Street with the easterly line of Riverside Boulevard,

as shown on the City Map;

RUNNING THENCE easterly, along to the southerly line of West 61st

Street, 423 feet 6 inches to a point;

THENCE southerly, at right angles to the previous course, 74 feet

3-1/8 inches;

THENCE southwesterly, along a line forming an included angle of 169

degrees 40 minutes 47 seconds, 138 feet 7-3/4 inches;

THENCE westerly, along a line forming an included angle of 100 degrees

19 minutes 13 seconds, 445 feet I 0-5/8 inches to a point on the

easterly side of Riverside Boulevard;

THENCE northerly, along the easterly line of Riverside Boulevard which

forms an included angle of 80 degrees 23 minutes 47 seconds, 13 feet

0-1/4 of an inch to a point of curvature;

THENCE northerly, along the easterly line of Riverside Boulevard on

the arc of a circle curving to the right, having a radius of 1,548 feet

0 inches and an included angle of 4 degrees 41 minutes 14 seconds, 126

feet 7-5/8 inches to a point of tangency;

THENCE northerly, along the easterly line of Riverside Boulevard, 76

feet 4 inches to the point of place of BEGINNING.

Parcel G

ALL that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, City, County and State of New York,

bounded and described as follows:

BEGINNING at the corner formed by the intersection of the northerly

side of West 50th Street and the easterly side of 12th Avenue;

RUNNING THENCE northerly along the easterly side of 12th Avenue a

distance of 100 feet 5 inches to a point on center line of the block

between West 50th Street and West 51st Street;

THENCE easterly along the center line of the block between West 50th

Street and West 51st Street parallel with the northerly side of West

50th Street a distance of 100 feet to a point;

THENCE southerly and parallel with the easterly side of 12th Avenue a

distance of 100 feet 5 inches to a point on the northerly side of West

50th Street;

THENCE westerly along the northerly side of West 50th Street a

distance of 100 feet to the corner formed by the intersection of the

northerly side of West 50th Street and the easterly side of 12th Avenue,

the point or place of beginning.

For Information Only: Premises being known as 678-682 12th Avenue

a/k/a 637-641 West 50th Street New York, N.Y. and designated as Block

1098 Lot 11 as shown on Tax Map of the City of New York, County of New

York.

Parcel H

ALL that certain plot, piece or parcel of land, situate, lying and

being in the Borough of Manhattan, County of New York, City and State of

New York, bounded and described as follows:

BEGINNING at the corner formed by the intersection of the southerly

side of East 61st Street with the westerly side of Madison Avenue;

RUNNING THENCE westerly along the southerly side of East 61st Street,

150 feet;

THENCE southerly and parallel with the westerly side of Madison

Avenue, 100 feet 5 inches to the center line of the block between East

61st and 60th Streets;

THENCE westerly along said center line of the block and parallel with

southerly side of East 61st Street, 45 feet;

THENCE southerly and parallel with the westerly side of Madison Avenue

and part of the distance through a party wall, 100 feet 5 inches to the

northerly side of East 60th Street;

THENCE easterly along the said northerly side of East 60th Street, 100

feet;

THENCE northerly and parallel with the westerly side of Madison Avenue

and part of the distance through another party wall, 73 feet 5 inches;

THENCE easterly and parallel with East 60th Street, 95 feet to the

westerly side of Madison Avenue;

THENCE northerly along the westerly side of Madison Avenue, 127 feet 5

inches to the point or place of BEGINNING.

Parcel I

ALL that certain plot, piece or parcel of land, with the building and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, City, County and State of New York, bounded and described as

follows:

BEGINNING at the corner formed by the intersection of the easterly

side of Fifth Avenue and the northerly side of 59th Street;

RUNNING THENCE northerly along the easterly side of Fifth Avenue 100

feet; THENCE easterly parallel with 59th Street 100 feet;

THENCE northerly parallel with Fifth Avenue 5 inches; THENCE easterly

parallel with 59th Street 25 feet;

THENCE southerly parallel with Fifth Avenue 100 feet 5 inches to the

northerly side of 59th Street; and

THENCE westerly along the northerly side of 59th Street 125 feet to

the point or place of BEGINNING.

TOGETHER WITH the benefits of the easement for light and air recorded

in Liber 5137 at Page 142.

Parcel J

ALL the following three parcels of land, together with the

improvements thereon:

PARCEL J-1

ALL that certain plot, piece or parcel of land, with the buildings and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County, City and State of New York, bounded and described as

follows:

BEGINNING at a point being the northwest corner of Broome and Laurens

Street, as the said Laurens Street is now established by law as widened,

being a point, distant 25 feet westwardly from the northwest corner of

Broome and Laurens Street and measured from the old line thereof;

RUNNING THENCE westwardly along the northerly side of Broome Street,

18 feet 6 inches; THENCE northwardly, parallel with Laurens Street, 80

feet;

THENCE eastwardly, parallel with Broome Street, 18 feet 6 inches to

the westerly line of Laurens Street, as the same is now established by

law since the widening thereof;

THENCE southwardly along the said westerly line of Laurens Street, 80

feet to the point or place of

BEGINNING.

THE said Laurens Street being now known as West Broadway.

PARCEL J-2

ALL that certain plot, piece or parcel of land, with the building and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County, City and State of New York, bounded and described as

follows:

BEGINNING at a point on the westerly side of West Broadway, formerly

South Fifth Avenue, 80 feet northerly from the corner formed by the

intersection of the westerly side of West Broadway, formerly South Fifth

Avenue, and the northerly side of Broome Street;

RUNNING THENCE northerly along the westerly side of West Broadway, 20

feet;

THENCE westerly 67 feet 8 1/2 inches along the southerly side of Lot#

333 on map made by Commissioners in Partition of the Estate of Anthony

Lispenard, deceased, to the rear of Lot #334 on said map;

THENCE southerly along the rear of said Lot #334, 20 feet;

THENCE easterly, 67 feet 7 3/4 inches to the point or place of

BEGINNING.

PARCEL J-3

ALL that certain plot, piece or parcel of land, with the buildings and

improvements thereon erected, situate, lying and being in the Borough of

Manhattan, County, City and State of New York, bounded and described as

follows:

BEGINNING at a point on the northerly side of Broome Street, distant

18 feet 6 inches westerly from the corner formed by the intersection of

the northerly side of Broome Street and the westerly side of West

Broadway, formerly South Fifth Avenue;

RUNNING THENCE northerly parallel or nearly so with West Broadway,

formerly South Fifth Avenue, 80 feet to land now or late of Randolph

Brant;

THENCE westerly along the same land and parallel or nearly so with

Broome Street, 21 feet 9 inches;

THENCE southerly parallel or nearly so with West Broadway and part of

the distance through a party wall, 80 feet to the northerly side of

Broome Street;

THENCE easterly along the said northerly side of Broome Street, 21

feet 9 inches to the point or place of BEGINNING.

Provided, however that, with respect to such manufacturer's or

wholesaler's interest in a retail licensee located at premises described

in this subparagraph the provisions of this paragraph shall not apply to

any premises licensed under section sixty-four of this chapter in which

manufacturer or wholesaler holds a direct or indirect interest, provided

that: (A) such manufacturer or wholesaler may not sell alcoholic

beverages directly to such retail licensee; and (B) no more than fifteen

percent of the annual dollar value of alcoholic beverages purchased by

such retail licensee for sale on the premises may be produced by any

such manufacturer; provided however, alcohol sales related to events

catered by the retail licensee shall not be attributed to the fifteen

percent annual sales value determination.

* NB There are 3 sbpar (xviii)'s

(b) Make, or cause to be made, any loan to any person engaged in the

manufacture or sale of any alcoholic beverage at wholesale or retail.

(c) Make any gift or render any service of any kind whatsoever,

directly or indirectly, to any person licensed under this chapter which

in the judgment of the liquor authority may tend to influence such

licensee to purchase the product of such manufacturer or wholesaler. The

provisions of this paragraph shall not be construed to prevent a

manufacturer or wholesaler from entertaining a licensee at lunch or

dinner, or to prevent a manufacturer or wholesaler from participating in

or supporting bona fide retailer association activities such as, but not

limited to, associate memberships, dinners, conventions, trade shows,

product tastings and product education where such participation is in

reasonable amounts and does not reach proportions that indicate attempts

to influence the purchase of products of contributing manufacturers and

wholesalers by the members of such retailer associations.

(d) Enter into any contract with any retail licensee whereby such

licensee agrees to confine his sales to alcoholic beverages manufactured

or sold by one or more such manufacturers or wholesalers. Any such

contract shall be void and subject the licenses of all parties concerned

to revocation.

(e) The prohibitions and restrictions contained in paragraphs b, c and

d above shall not apply to any contractual arrangements between a

licensed manufacturer or wholesaler and a licensed retailer where such

manufacturer or wholesaler has made a substantial investment, directly

or through such retailer, in the construction, capitalization or

furnishing of any exhibit, facility or installation in the area leased

by the city of New York to New York World's Fair 1964-1965 Corporation,

pursuant to chapter four hundred twenty-eight of the laws of nineteen

hundred sixty, as amended, and such retailer is conducting his business

as a part of such exhibit or installation or is responsible to such

corporation for the construction, operation or maintenance of such

exhibit, facility or installation. This modification to the prohibitions

and restrictions contained in this paragraph shall continue until

November first, nineteen hundred sixty-five.

(f) The prohibitions and restrictions contained in paragraphs (b), (c)

and (d) of this subdivision shall not apply to any contractual or other

financial arrangements undertaken by the Culinary Institute of America

for the education purposes of such institute, including student

scholarships, academic building sponsorships, and Culinary Institute of

America event sponsorships that further the academic mission of the

Culinary Institute of America, where such contractual or other financial

arrangements are between a licensed manufacturer, wholesaler, or

retailer for on-premises consumption, and the Culinary Institute of

America, operating within the metes and bounds established by

subparagraph (xiv) of paragraph (a) of this subdivision.

1-a. The provisions of paragraph (a) of subdivision one of this

section shall not apply to any licensed manufacturer or wholesaler

located on the 35th floor of premises in the borough of Manhattan, city,

county and state of New York, bounded and described as follows:

beginning at the corner formed by the intersection of the easterly side

of Washington Street and the southerly side of Barclay Street; running

thence easterly along the southerly side of Barclay Street, the

following three (3) courses and distances: (1) South 88 degrees 37

minutes 20 seconds East 161.04 feet; (2) South 88 degrees 39 minutes 01

seconds East 67.81 feet; and (3) South 88 degrees 36 minutes 50 seconds

East 112.04 feet to the corner formed by the intersection of the

southerly side of Barclay Street and the westerly side of West Broadway;

thence southerly along the westerly side of West Broadway, the following

three (3) courses and distances: (1) South 13 degrees 29 minutes 10

seconds West 33.54 feet; (2) South 88 degrees 37 minutes 31 seconds East

7.16 feet; and (3) South 13 degrees 29 minutes 10 seconds West 172.20

feet to the corner formed by the intersection of the westerly side of

West Broadway and the northerly side of Vesey Street; thence westerly

along the northerly side of Vesey Street, North 88 degrees 37 minutes 31

seconds West 233.48 feet to the corner formed by the intersection of the

northerly side of Vesey Street and the easterly side of Washington

Street; and thence northerly along the easterly side of Washington

Street, North 18 degrees 10 minutes 00 seconds West 213.45 feet to the

point or place of beginning. Provided, however that, with respect to

such manufacturer's or wholesaler's interest in a retail licensee

located at premises described in paragraph (a-1) of subdivision thirteen

of section one hundred six of this article: (i) such interest must have

been acquired prior to the effective date of the chapter of the laws of

two thousand nineteen which added this subdivision; (ii) such

manufacturer or wholesaler may not sell alcoholic beverages directly to

such retail licensee; and (iii) no more than fifteen percent of the

annual dollar value of alcoholic beverages purchased by such retail

licensee for sale on the premises may be produced by any such

manufacturer.

2. Any lien, mortgage, or other interest or estate however, now held

by a manufacturer or wholesaler on the real property of any licensee,

which lien, mortgage, interest or estate was acquired on or before

December thirty-first, nineteen hundred and thirty-two, shall not be

included within the provisions of this section but the burden of

establishing the time of the accrual of the interest comprehended by

this subdivision shall be upon the person who claims to be entitled to

the protection and exemption afforded hereby.

3. Any interest or estate mentioned in this section held by a

manufacturer or wholesaler in an office building located in a city

having a population of five hundred thousand or more and in which is

located the licensed premises of such manufacturer or wholesaler shall

not prohibit (1) the issuance of licenses pursuant to section sixty-four

of this chapter for restaurant premises located in such building or (2)

said manufacturer or wholesaler from being interested directly or

indirectly in such restaurant premises, provided the building is not

less than five stories in height, both the building and the interior of

the restaurant premise have been granted landmark status in accordance

with applicable state or local law and space within the building is also

occupied by persons other than the manufacturer or wholesaler, and that

the rental for the retail premises applied for shall be comparable to

that for similar space in such building and similar buildings in the

immediate neighborhood; and provided further that the provisions of this

paragraph shall apply solely with respect to restaurant premises in a

building located on a parcel of land wholly within the boundaries of the

borough of Manhattan, city and county of New York, and bounded and

described as follows: beginning at a corner formed by the intersection

of the northerly side of East Fifty-second Street and the easterly side

of Park Avenue; running northerly along the easterly side of Park

Avenue, two hundred feet ten inches; thence easterly along the southerly

side of East Fifty-third Street; three hundred two feet; thence

southerly parallel with the easterly side of Park Avenue, one hundred

feet five inches to the center line of the block; thence westerly along

the center line of the block at right angles, seven feet; thence

southerly parallel with the easterly side of Park Avenue, one hundred

feet five inches to the northerly side of East Fifty-second Street; and

thence westerly along the northerly side of East Fifty-second Street two

hundred ninety-five feet to the corner of the point or place of

beginning. The exemption herein provided shall apply to only one

building and shall not be extended to any other building in which such

manufacturer or wholesaler shall have any interest or estate.

4. (a) Notwithstanding any other provision of law to the contrary, the

state liquor authority shall issue a license under section seventy-six-a

of this chapter to the New York State Wine and Culinary Center, Inc.

("center") situated at the premises known as: all that certain plot,

piece or parcel of land, with the buildings and improvements thereon

erected, situate, lying and being in the City of Canandaigua, County of

Ontario and State of New York and being more particularly described as

follows: Being at an iron stake located on the northerly line of Village

Lot No. 9 where the same intersects the westerly line of South Main

Street; thence south 19 degrees 30' east along the westerly street line

of South Main Street a distance of 60 feet to an iron stake which is the

point and place of beginning; thence (1) south 69 degrees 54' west a

distance of 284.26 feet to an iron stake; thence (2) south 19 degrees

30' east a distance of 248 feet to an iron stake; thence (3) south 17

degrees 21' 10" west a distance of 120.05 feet to an iron stake; thence

(4) south 81 degrees 52' 20" east a distance of 236.63 feet to an iron

stake; thence (5) north 8 degrees 10' east a distance of 30 feet to an

iron stake; thence (6) south 81 degrees 50' east a distance of 100 feet

to an iron stake; thence (7) north 8 degrees 10' east a distance of

94.97 feet to an iron stake located on the westerly street line of South

Main Street; thence (8) north 19 degrees 30' west along the westerly

street line of South Main Street a distance of 392.52 feet to an iron

stake which is the point and place of beginning.

(b) The center may, but shall not be required to, produce wine as a

condition of such license.

(c) No person shall be disqualified from acting as a director,

officer, or employee of, or purveyor to, the center by reason of such

person holding a license under this law, or being affiliated with a

licensee under this law as a shareholder, partner, officer, director, or

employee.

(d) No person shall be disqualified from being a lender or lessor to

the center, or a donor, patron, contributor or sponsor from time to time

of the center through contributions in cash or in kind, on terms agreed

with the board of directors of the center, by reason of such person

holding a license under this law, or being affiliated with a licensee

under this law as a shareholder, partner, officer, director, or

employee. Such persons shall be entitled, regardless of their licensing

status under this law, to obtain all the benefits generally approved by

the board of directors of the center and offered to donors of similar

amounts.

(e) Notwithstanding any other provision of law to the contrary, the

center is expressly authorized to:

(i) sell New York state produced wines, beers, ciders and distilled

spirits for both on and off premise consumption;

(ii) offer tastings on the premises of such products and charge the

general public such amounts as it deems fit for such tastings. For

purposes of this section, tastings may be conducted in a common tasting

area on the premises;

(iii) provide banquet and entertainment facilities for the general

public for private parties in consideration of such fees as are

established by the board of directors of the center from time to time,

and to sell and serve at such events wines, ciders, malt beverages and

distilled spirits selected by persons hiring the facilities; and

(iv) hold through a wholly owned subsidiary a branch office permit at

the Finger Lakes Welcome Center situated at the premises known as:

All that tract or parcel of land situate in the City of Geneva, County

of Ontario, State of New York, all as shown on a map entitled "Existing

Building Exhibit Finger Lakes Welcome Center" prepared by Costich

Engineering D.P.C dated February 28, 2018 having dwg # 4750 VE110 and

being more particularly bounded and described as follows:

Beginning at the existing northwest corner of the One Story Frame

Finger Lakes Welcome Center having grid coordinates of N1046012.35 E

714603.03 referenced to the New York State Plane Coordinate System of

1983 Central Zone; thence Easterly, and along the existing building face

a distance of 52.3 feet to a point; thence Northerly, and along the

existing building face a distance of 5.3 feet to a point; thence

Easterly, and along the existing building face a distance of 40.3 feet

to a point; thence Southerly, and along the existing building face a

distance of 26.5 feet to a point; thence Easterly, and along the

existing building face a distance of 5.4 feet to a point; thence

Southerly, and along the existing building face a distance of 15.0 feet

to a point; thence Easterly, and along the existing building face a

distance of 8.5 feet to a point; thence Southerly, and along the

existing building face a distance of 31.3 feet to a point; thence

Westerly, and along the existing building face a distance of 28.1 feet

to a point; thence Northerly, and along the existing building face a

distance of 4.4 feet to a point; thence Westerly, and along the existing

building face a distance of 26.1 feet to a point; thence Southerly, and

along the existing building face a distance of 42.2 feet and continuing

southerly on the building extension line a distance of 28 feet

comprising a total distance of 70.2 feet to a point on the southerly

limit of the existing patio area; thence Westerly, and along the

southerly limits of the existing patio area a distance of 95 feet to a

point; thence Northerly, and along the westerly limits of the existing

patio area a distance of 11 feet to a point of curvature; thence

Northerly, along a curve to the left and along the westerly limits of

the existing patio area a distance of 19 feet to a point; thence

Northerly, and along the westerly limits of the existing patio area a

distance of 18 feet to a point; thence Easterly, and along the northerly

limits of the existing patio area a distance of 27 feet to a point on

the existing building face; thence Northerly, and along the existing

building face a distance of 45.7 feet to a point; thence Easterly, and

along the existing building face a distance of 28.1 feet to a point;

thence Northerly, and along the existing building face a distance of

44.9 feet to the point and place of beginning.

5. (a) Notwithstanding any other provision of law to the contrary, the

state liquor authority shall issue a license under section seventy-six-a

of this chapter to the Finger Lakes Wine Center, Inc. ("center")

situated at the premises known as:

All that tract or parcel of land situate in the City of Ithaca, County

of Tompkins and State of New York, bounded and described as follows:

PARCEL A:

BEGINNING at a point at the intersection of the easterly street line

of South Cayuga Street with the northerly street line of East Clinton

Street;

thence North 02 degrees 05 minutes 21 seconds West along the easterly

street line of South Cayuga Street a distance of 273.47 feet to a point;

thence North 87 degrees 29 minutes 52 seconds East a distance of 77.84

feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of

108.17 feet to a point;

thence North 87 degrees 29 minutes 52 seconds East a distance of 46.83

feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of

107.31 feet to a point;

thence North 87 degrees 29 minutes 52 seconds East a distance of 12.17

feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of 24.70

feet to a point;

thence South 87 degrees 29 minutes 52 seconds West a distance of 12.17

feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of 33.50

feet to a point in the northerly street line of East Clinton Street;

thence South 87 degrees 35 minutes 39 seconds West a distance of

126.65 feet to the point of beginning, containing 0.680 acres of land.

SUBJECT to the following:

Restrictive covenants running with the land, contained in a Deed from

the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,

1976 and recorded in said Clerk's Office on July 13, 1977 in Liber 558

of Deeds at page 672.

Restrictive covenants running with the land, contained in a Deed from

the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,

1977 and recorded in said Clerk's Office on July 13, 1977 in Liber 558

of Deeds at page 684.

A right of way reserved to the Grantor to enter upon lands contained

within the boundary lines of Six Mile Creek to make excavations, remove

gravel and other material from the creek bed, erect walls and

embankments, etc., as granted by instrument of Salem Twist, et. al.

dated August 8, 1906 and recorded in the Tompkins County Clerk's Office

on January 31, 1907 in Liber 166 of Deeds at page 163.

Right of way for ingress and egress conveyed by instrument by and

between the Ithaca Urban Renewal Agency and D.M. Abbot Investors

Corporation dated May 17, 1967 and recorded in said Clerk's Office in

Liber 469 of Deeds at page 25.

The provisions of Exhibit A to the Air Rights Lease related to CDP's

access to the Premises for repairs and maintenance.

TOGETHER WITH:

1. A right of way for ingress and egress conveyed by instrument by and

between D.M. Abbott Investors Corp. and the Ithaca Urban Renewal Agency

dated November 24, 1967 and recorded in said Clerk's Office on January

21, 1969 in Liber 479 of Deeds at page 640; and

2. An easement in common with others over the premises shown as

"Parcel B" on the below-referenced survey map for ingress from and

egress to South Cayuga Street.

The above described premises are SHOWN AS "Parcel A" on a survey map

entitled "Boundary Map Showing Property Bounded North by East Green

Street, South by East Clinton Street, West by South Cayuga Street and

Southeast by Six Mile Creek, Designated for a Proposed Project 'Cayuga

Green at Six Mile Creek', City of Ithaca, Tompkins County, New York,"

dated November 20, 2003 and labeled as job number S02-530, prepared by

T.G. Miller, P.C., Engineers and Surveyors, hereinafter referred to as

"the Survey Map".

(b) The center may, but shall not be required to, produce wine as a

condition of such license.

(c) No person shall be disqualified from acting as a director,

officer, or employee of, or purveyor to, the center by reason of such

person holding a license under this chapter, or being affiliated with a

licensee under this chapter as a shareholder, partner, officer,

director, or employee.

(d) No person shall be disqualified from being a lender or lessor to

the center, or a donor, patron, contributor or sponsor from time to time

of the center through contributions in cash or in kind, on terms agreed

with the board of directors of the center, by reason of such person

holding a license under this chapter, or being affiliated with a

licensee under this chapter as a shareholder, partner, officer,

director, or employee. Such persons shall be entitled, regardless of

their licensing status under this chapter, to obtain all the benefits

generally approved by the board of directors of the center and offered

to donors of similar amounts.

(e) The center is expressly authorized to:

(i) charge the general public such amounts as it sees fit for the

tasting of New York state wines sold on the premises;

(ii) provide banquet and entertainment facilities for the general

public for private parties in consideration of such fees as are

established by the board of directors of the center from time to time

and to sell and serve at such events wines, malt beverages and distilled

spirits selected by persons hiring the facilities; and

(iii) provide for wine related and other educational classes as deemed

appropriate by the center, either alone or in conjunction with other

entities that conduct educational classes, and charge the general public

such amounts as it sees fit for the purpose of carrying out the

provisions of this subparagraph.

6. Notwithstanding any other provision of law to the contrary, the

state liquor authority may issue a license under subdivision two-c of

section sixty-one of this chapter to the owner and/or operator of the

parcels described in this paragraph. The legal descriptions for the

three parcels so identified as the site are as follows:

PARCEL A

All that piece or parcel of property situate in the Village of Lake

George, County of Warren, State of New York and being bounded and

described as follows:

BEGINNING at a point at the intersection of the southwesterly boundary

of Beach Road with the southeasterly boundary of lands now or formerly

of Holly RAJ Inc., and running thence southeasterly along the said

southwesterly boundary of Beach Road and the southwesterly boundary of

lands now or formerly of the Village of Lake George the following (9)

nine courses and distances: 1) South 47Á 49' 51" East 49.20 feet to a

point; 2) South 41Á 08' 51" East 50.18 feet to a point; 3) South 34Á 19'

51" East 20.62 feet to a point; 4) South 34Á 19' 51" East 29.38 feet to

a point; 5) South 28Á 23' 51" East 54.00 feet to a point; 6) South 23Á

28' 51" East 75.29 feet to a point; 7) South 25Á 57' 51" East 130.22

feet to a point; 8) South 30Á 43' 21" East 109.09 feet to a point; and

9) South 29Á 21' 51" East 140.00 feet to a point in the northwesterly

boundary of the premises conveyed by The Counties of Warren and

Washington Industrial Development Agency to The Fort William Henry

Corporation by deed dated May 18, 1998 and recorded in the Warren County

Clerk's Office on May 28, 1998 in Liber 1066 of Deeds at Page 279;

thence South 60Á 37' 18" West along the said northwesterly boundary of

the premises conveyed by The Counties of Warren and Washington

Industrial Development Agency to The Fort William Henry Corporation

70.01 feet to a point; thence northwesterly along the northeasterly

boundary of said premises conveyed by The Counties of Warren and

Washington Industrial Development Agency to The Fort William Henry

Corporation the following (5) five courses and distances: 1) North 29Á

21' 51" West 139.17 feet to a point; 2) North 30Á 43' 21" West 111.17

feet to a point; 3) North 25Á 55' 51" West 130.20 feet to a point; 4)

North 26Á 32' 41" West 145.00 feet to a point; and 5) North 42Á 42' 21"

West 120.00 feet to a point in the first mentioned southeasterly

boundary of lands now or formerly of Holly RAJ Inc.; thence North 51Á

01' 09" East along the said southeasterly boundary of lands now or

formerly of Holly RAJ Inc. 70.00 feet to the point of beginning,

containing 1.062 acres of land, being the same more or less.

PARCEL B

All that piece or parcel of property situate in the Village of Lake

George, County of Warren, State of New York and being bounded and

described as follows:

BEGINNING at a point at the intersection of the easterly boundary of

New York State Route 9N with the northerly boundary of lands now or

formerly of Charles R. Wood Foundation, and running thence northerly

along the said easterly boundary of New York State Route 9N the

following four (4) courses and distances: 1) North 03Á- 06'- 51" West

54.12 feet to a point; 2) North 00Á- 54'- 09" East 281.77 feet to a

point; 3) North 01Á-45'- 09" East 59.83 feet to a point; and 4) North

02Á- 47'- 35" West 51.87 feet to an iron pin in the southerly boundary

of other lands now or formerly of Fort William Henry Corporation; thence

easterly along the said southerly boundary of other lands now or

formerly of Fort William Henry Corporation the following three (3)

courses and distances: 1) North 88Á- 22'- 09" East 475.96 feet to a

point; 2) North 60Á- 07'- 09" East 66.22 feet to a point; and 3) North

47Á- 47'- 09" East 315.47 feet to an iron pipe in the easterly boundary

of lands now or formerly of the Village of Lake George; thence southerly

along the said easterly boundary of lands now or formerly of The Village

of Lake George the following three (3) courses and distances: 1) South

32Á- 08'- 51" East 148.00 feet to a point; 2) South 37Á- 04'- 51" East

221.91 feet to a point; and 3) South 32Á- 47'- 51" East 83.60 feet to a

point in the northerly boundary of the aforementioned lands now or

formerly of Charles R. Wood Foundation; thence westerly along the said

northerly boundary of lands now or formerly of Charles R. Wood

Foundation the following four (4) courses and distances: 1) South 55Á-

39'- 09" West 188.00 feet to a square head bolt; 2) South 68Á- 08'- 09"

West 115.00 feet to a point; 3) South 81Á- 37'-09" West 240.84 feet to a

point; and 4) South 74Á- 08'- 09" West 546.05 feet to the point of

beginning, containing 8.558 acres of land, being the same more or less.

ALSO, ALL that certain piece or parcel of land situate lying and being

in the Village of Lake George, County of Warren, State of New York,

being more particularly described as follows:

COMMENCING at a point located on the westerly boundary of lands now or

formerly of Warren County as described in Liber 281, Page 51, said point

also being on the division line between lands now or formerly of Warren

County (Liber 4390 Page 154) on the south and lands now or formerly of

Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along

said division line South 40Á27'30" West, 188.00 feet to the Point of

Beginning; thence through said lands of Warren County the following

three (3) courses and distances: 1) South 33Á45'28" West, 74.95 feet to

a point, 2) South 59Á52'14" West, 108.57 feet to a point, and 3) North

75Á07'46" West, 41.87 feet to a point on the division line between said

lands of Warren County on the south and lands now or formerly of Fort

William Henry Corp. (Liber 497 Page 222) on the north; thence along said

division line North 66Á25'30" East, 91.92 feet to a point; thence North

52Á56'30" East, 115.00 feet to the point or place of beginning.

EXCEPTING AND RESERVING THEREFROM, ALL that certain piece or parcel of

land situate lying and being in the Village of Lake George, County of

Warren, State of New York, being more particularly described as follows:

BEGINNING at a point located on the westerly boundary of lands now or

formerly of Warren County as described in Liber 281, Page 51, said point

also being on the division line between lands now or formerly of Warren

County (Liber 4390 Page 154) on the south and lands now or formerly of

Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along

said division line South 40Á27'30" West, 188.00 feet to a point; thence

through said lands now or formerly of Fort William Henry Corp. North

33Á45'28" East, 102.84 feet to a point; thence North 40Á27'30" East,

85.36 feet to a point on the aforementioned westerly boundary of lands

now or formerly of Warren County (Liber 281, Page 51); thence along said

westerly boundary South 51Á54'30" East, 12.01 feet to the point or place

of beginning.

PARCEL C

All that piece or parcel of property situate in the Village of Lake

George, County of Warren, State of New York and being bounded and

described as follows:

BEGINNING at an iron pin at the intersection of the easterly boundary

of New York State Route 9N with the northerly boundary of other lands

now or formerly of Fort William Henry Corporation; said pin being

located the following four (4) courses and distances northerly from the

intersection of the easterly boundary of New York State Route 9N with

the northerly boundary of lands now or formerly of Charles R. Wood

Foundation: 1) North 03Á- 06'- 51" West 54.12 feet; 2) North 00Á- 54'-

09" East 281.77 feet; 3) North 01Á- 45'- 09" East 59.83 feet; and 4)

North 02Á- 47'- 35" West 51.87 feet, and running thence from said point

of beginning northerly along the said easterly boundary of New York

State Route 9N the following seven (7) courses and distances: 1) North

03Á- 29'-09" East 105.00 feet to a point; 2) North 09Á- 11'- 09" East

60.10 feet to a point; 3) North 05Á- 41'- 09" East 161.06 feet to a

point; 4) North 09Á- 28'-34" East 124.23 feet to an iron pin; 5) North

14Á- 08'- 27" East 150.26 feet to a square monument; 6) North 22Á- 36'-

14" East 111.15 feet to a point; and 7) North 17Á- 47'- 09" East 91.79

feet to an iron pipe in the southerly boundary of lands now or formerly

of Adirondack Entertainment and Recreation, Inc.; thence South 59Á- 07'-

51" East along the said southerly boundary of lands now or formerly of

Adirondack Entertainment and Recreation, Inc. 40.70 feet to a point;

thence North 51Á- 01'- 09" East along the southeasterly boundary of said

lands now or formerly of Adirondack Entertainment and Recreation, Inc.

167.30 feet to a point in the southwesterly boundary of lands now or

formerly of The Adirondack Lakeview Corporation; thence southeasterly

along the said southwesterly boundary of lands now or formerly of The

Adirondack Lakeview Corporation the following five (5) courses and

distances: 1) South 42Á- 42'- 21" East 120.00 feet to a point; 2) South

26Á- 32'- 41" East 145.00 feet to a point; 3) South 25Á-55'- 51" East

130.20 feet to a point; 4) South 30Á- 43'- 21" East 111.17 feet to a

point; and 5) South 29Á- 21'- 51" East 139.17 feet to a point; thence

North 60Á- 37'- 18" East along the southeasterly boundary of said lands

now or formerly of The Adirondack Lakeview Corporation 70.01 feet to a

point in the westerly boundary of lands now or formerly of the Village

of Lake George; thence southerly along the said westerly boundary of

lands now or formerly of The Village of Lake George the following two

(2) courses and distances: 1) South 29Á- 21'- 51" East 32.24 feet to a

point; and 2) South 30Á- 27'- 51" East 73.00 feet to an iron pipe in the

northerly boundary of other lands now or formerly of Fort William Henry

Corporation; thence westerly along the said northerly boundary of other

lands now or formerly of Fort William Henry Corporation the following

three (3) courses and distances: 1) South 47Á- 47'- 09" West 315.47 feet

to a point; 2) South 60Á- 07'- 09" West 66.22 feet to a point; and 3)

South 88Á- 22'- 09" West 475.96 feet to the point of beginning,

containing 9.398 acres of land, being the same more or less.

8. (a) Notwithstanding any other provision of law to the contrary, the

state liquor authority shall issue a license under section seventy-six-a

of this chapter to the Concord Grape Belt Heritage Association Inc.

Grape Discovery Center ("center") situated at the premises known as: all

that certain plot, piece or parcel of land, with the buildings and

improvements thereon erected, situated, lying and being in the Town of

Westfield, County of Chautauqua and State of New York being parcels

209.00-2-13 and 209.00-2-14 and being more particularly described as

follows:

PARCEL A

All that tract or parcel of land, situate in the Town of Westfield,

County of Chautauqua and State of New York, being part of Lot 13, Town 4

and Range 14 of the Holland Land Company's Survey and further bounded

and described as follows:

Beginning at a set "MAG" nail on the south bounds of U.S. Route 20

also know as Main Road, also known as the Buffalo and Erie Road, said

"MAG" nail being N 60 degrees 17' 18" E, 264.87 feet as measured along

the south bounds of U.S. Route 20, from the northwest corner of premises

described in deed from David S. Neill to Sam F. Nixon, dated January 30,

1916, and recorded in the Chautauqua County Clerk's Office in Liber 421

of Deeds at page 165; thence N 60 degrees 17' 18" E, along the south

bounds of U.S. Route 20, a distance of 195.88 feet to a set "MAG" nail

in asphalt; thence N 64 degrees 0' 0" E, and still along the south

bounds of U.S. Route 20, a distance 70 feet to a set "MAG" nail in

asphalt; thence S 1 degree 55' 0" W, 250 feet to an existing iron pin at

the northwest corner of lands of Joanne W. Nixon, as described in a deed

recorded in the Chautauqua County Clerk's Office in Liber 2182 of Deeds

at page 196; thence continuing along the same course, S 1 degree 55' 0"

W along the west line of lands of said Nixon, 78.8 feet to an existing

iron stake at the northeast corner of lands of Joanne W. Nixon as

described in a deed recorded in the Chautauqua County Clerk's Office in

Liber 2418 of Deeds at page 341; thence S 62 degrees 58' 7" W, along the

north line of lands of said Nixon, 173.3 feet to a point at the

southeast corner of lands of Ed R. Burnside as described in a deed

recorded in the Chautauqua County Clerk's Office in Liber 2639 of Deeds

at page 336; thence N 13 degrees 36' 25" W, along the east line of lands

of said Burnside, 287.68 feet to the point or place of beginning.

PARCEL B

Also all that tract or parcel of land, situate in the Town of

Westfield, County of Chautauqua and State of New York, being part of Lot

No. 13, Township 4 and Range 14 of the Holland Land Company's Survey and

further bounded and described as follows:

Commencing at the northwest corner of premises described in deed from

David S. Neill to Sam F. Nixon, dated January 30, 1916, and recorded in

the Chautauqua County Clerk's Office in Liber 421 of Deeds at page 165;

thence N 60 degrees 17' 18" E. along the south bounds of U.S. Route 20,

also known as Main Road, also known as the Buffalo and Erie Road, 460.76

feet to a set "MAG" nail in asphalt; thence N 64 degrees 0' 0" E, and

still along the south bounds of U.S. Route 20, a distance of 70 feet to

a set "MAG" nail in asphalt at the point of beginning of the parcel

hereinafter described; thence N 64 degrees 0' 0" E, along the south

bounds of U.S. Route 20, a distance of 200 feet to a set "MAG" nail in

asphalt at the northwest corner of lands of Joanne W. Nixon as described

in a deed recorded in the Chautauqua County Clerk's Office in Liber 2182

of Deeds at page 196; thence S 1 degree 55' 0" W, along the west line of

lands of said Nixon, 250 feet to a point; thence S 64 degrees 0' 0" W,

along the north line of lands of said Nixon 200 feet to an existing iron

pin in the northwest corner of lands of said Nixon; thence N 1 degree

55' 0" E, 250 feet to the point or place of beginning.

Subject to all easements, rights-of-way, and leases of record which

may validly affect said premises.

(b) The center may, but shall not be required to, produce wine as a

condition of such license.

(c) No person shall be disqualified from acting as a director,

officer, or employee of, or purveyor to, the center by reason of such

person holding a license under this chapter, or being affiliated with a

licensee under this chapter as a shareholder, partner, officer,

director, or employee.

(d) No person shall be disqualified from being a lender or lessor to

the center, or a donor, patron, contributor or sponsor from time to time

of the center through contributions in cash or in kind, on terms agreed

with the board of directors of the center, by reason of such person

holding a license under this chapter, or being affiliated with a

licensee under this chapter as a shareholder, partner, officer,

director, or employee. Such persons shall be entitled, regardless of

their licensing status under this chapter, to obtain all the benefits

generally approved by the board of directors of the center and offered

to donors of similar amounts.

(e) Notwithstanding any other provision of law to the contrary, the

center is expressly authorized to:

(i) sell New York state produced wines, beers and distilled spirits

for both on and off premise consumption;

(ii) offer tastings on the premises of such products and charge the

general public such amounts as it deems fit for such tastings. For

purposes of this section, tastings may be conducted in a common tasting

area on the premises; and

(iii) provide banquet and entertainment facilities for the general

public for private parties in consideration of such fees as are

established by the board of directors of the center from time to time,

and to sell and serve at such events wines, malt beverages and distilled

spirits selected by persons hiring the facilities.

9. (a) Notwithstanding any other provision of law to the contrary, the

state liquor authority shall issue a license under section sixty-one-a

of this chapter to Cornell university on behalf of the New York state

college of agriculture and life sciences and the New York state

agricultural experiment station as defined in sections fifty-seven

hundred twelve and fifty-seven hundred thirteen of the education law.

Issuance of such a license shall not preclude or nullify other licenses

granted to Cornell university, whether now or in the future, in all its

locations in New York state in accordance with the provisions of this

chapter. Issuance of such a license shall not restrict the ability of

Cornell university, or the New York state college of agriculture and

life sciences and the New York state agricultural experiment station to

conduct research, teaching, education, extension and outreach, and

economic development activities related to products that are not

regulated by this chapter. For purposes of compliance with this chapter,

the New York state college of agriculture and life sciences and the New

York state agricultural experiment station as defined in sections

fifty-seven hundred twelve and fifty-seven hundred thirteen of the

education law shall be considered to be located on a farm.

(b) Cornell university, acting on behalf of the New York state college

of agriculture and life sciences and the New York state agricultural

experiment station may, but shall not be required to, produce wine,

beer, distilled spirits, distillates, cider, mead and other fermented

products as a condition of such license.

(c) No person shall be disqualified from acting as a director,

advisory council member, officer, or employee of, or purveyor to,

Cornell university and the New York state college of agriculture and

life sciences and the New York state agricultural experiment station by

reason of such person holding a license under this chapter, or being

affiliated with a licensee under this chapter as a shareholder, partner,

officer, director, or employee.

(d) No person shall be disqualified from being a donor, patron,

contributor or sponsor from time to time of Cornell university and the

New York state college of agriculture and life sciences and the New York

state agricultural experiment station through contributions in cash or

in kind, by reason of such person holding a license under this chapter,

or being affiliated with a licensee under this chapter as a shareholder,

partner, officer, director, or employee.

(e) Notwithstanding any other provision of law to the contrary,

Cornell university, acting through the New York state college of

agriculture and life sciences and the New York state agricultural

experiment station is expressly authorized to:

(i) manufacture New York state produced wines, beers, ciders, mead,

distilled spirits and other fermented products for educational,

workforce development and research purposes to include industrial

product or non-consumable product research;

(ii) offer organoleptic tastings, on the premises, of such products

only for the purposes of education, workforce development, and research

and analysis. No fees may be imposed for such tastings, other than as

part of the general cost of an educational course, workshop, or other

instructional event;

(iii) provide educational courses, workforce development and

experiential learning opportunities within the New York state college of

agriculture and life sciences and the New York state agricultural

experiment station and allow separately licensed entities to utilize

facilities and equipment located at such places for the production of

small-scale, pilot batches of wine, distilled spirits, cider, mead, beer

and other fermented products not for further retail sale and for

research purposes only; and

(iv) conduct product testing and technical analysis including, but not

limited to, sensory analysis, of New York state and non-New York state

manufactured wine, distilled spirits, cider, mead, beer, and other

fermented products in accordance with an internally established fee

schedule.

(f) Notwithstanding any other provision of law to the contrary,

Cornell university may: (i) offer educational courses, workshops or

other instructional events on wine, distilled spirits, cider, mead, beer

and other fermented products through any of its colleges, schools or

units, in accordance with internally established fee schedules and under

appropriate licenses; and (ii) use its facilities, and provide the use

of its facilities to third parties, for functions at which alcoholic

beverages may be sold and served provided the university or third

parties, as applicable, have obtained the appropriate permit or license

from the authority.

10. (a) Notwithstanding any other provision of law to the contrary,

the state liquor authority shall issue a license under section

sixty-one-a of this chapter to the community college in Broome county,

established pursuant to article one hundred twenty-six of the education

law, in the city of Binghamton, and the Broome county culinary and

events center on the premises described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the city of Binghamton,

County of Broome, and State of New York, being more particularly

described as follows:

Beginning at a point in the east side of Exchange Street at the

south-west corner of the stone front building known as "Pope Block;"

thence,

1. Southerly, along the easterly line of Exchange Street, 107.41 feet

(one hundred and seven feet and five inches) to a point where the

easterly line of Exchange Street intersects the north line of Congdon

Place; thence,

2. Easterly, along the north line of Congdon Place, making a measured

interior angle of 93Á 01' 02" with the east line of Exchange Street, a

distance of 200.43 feet to a point, said point being 50 feet westerly

from the west line of Myrtle Avenue; thence,

3. Northerly, along a line parallel with the west line Myrtle Avenue,

making an interior angle of 88Á 59' 55" with the north line of Congdon

Place, a distance of 65.00 feet to a point; thence,

4. Westerly, along a line parallel with the north line of Congdon

Place, making an interior angle of 91Á 00' 05" with the last described

line, a distance of 71.95 feet to a point; thence,

5. Northerly, along a line making an interior angle of 271Á 03' 58"

with the last described line a distance of 44.08 feet to a point;

thence,

6. Westerly, along a line making an interior angle of 88Á 09' 38" with

the last described line, a distance of 133.93 feet to the Point of

Beginning, said line forming a measured interior angle of 87Á 45' 22"

with the east line of Exchange street.

The above described parcel is shown on a map prepared by Passero

Associates entitled "Boundary and Topographic Survey, Carnegie Library,

78 Exchange Street", Project No. 201410120.0003, Drawing No. TS-1, Dated

April 20, 2016. Together with and subject to 8 foot wide right-of-way

for ingress and egress along the easterly side of the above premises,

which westerly 4 feet of said right-of-way is located on the above

premises and easterly 4 feet is located on premises to the east, as

recited in Liber 1992 of Deeds, page 243.

SNDA (Master Lease) - SUNY Broome 28865746v4

(b) The community college in Broome county and Broome county culinary

and events center may, but shall not be required to, produce wine, beer,

distilled spirits, cider and mead as a condition of such license.

(c) No person shall be disqualified from acting as a director,

advisory council member, officer, or employee of, or purveyor to, the

community college in Broome county and Broome county culinary and events

center by reason of such person holding a license under this chapter, or

being affiliated with a licensee under this chapter as a shareholder,

partner, officer, director, or employee.

(d) No person shall be disqualified from being a donor, patron,

contributor or sponsor from time to time of the community college in

Broome county and Broome county culinary and events center through

contributions in cash or in kind, by reason of such person holding a

license under this chapter, or being affiliated with a licensee under

this chapter as a shareholder, partner, officer, director, or employee.

(e) Notwithstanding any other provision of law to the contrary, the

community college in the Broome county and Broome county culinary and

events center is expressly authorized to:

(i) sell New York state produced wines, beers, ciders, meads and

distilled spirits for both on and off-premises consumption;

(ii) manufacture New York state produced wines, beers, ciders, meads

and distilled spirits for educational, workforce development and

research purposes to include industrial product or non-consumable

product innovation research;

(iii) offer tastings, on the premises, of such products only for the

purposes of education, workforce development, and research and analysis.

For purposes of this subdivision, tastings may only be conducted on the

premises of the community college in Broome county and Broome county

culinary and events center described in paragraph (a) of this

subdivision. No fees may be imposed for such tastings, other than as

part of the general cost of an educational course, workshop, or other

instructional event;

(iv) provide educational courses, workforce development and

experiential learning opportunities within the community college in

Broome county and Broome county culinary and events center; and

(v) provide banquet and entertainment facilities for the general

public for private parties in consideration of such fees as are

established by the community college in Broome county and Broome county

culinary and events center from time to time, and to sell and serve at

such events wines, ciders, beers, mead and distilled spirits selected by

persons hiring the facilities.

(f) For purposes of compliance with this chapter, the community

college in Broome county and the Broome county culinary and events

center shall be considered to be located on a farm.