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) any such premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of that tract or parcel of land situate in the city of Canandaigua, county of Ontario, beginning at a point in the northerly line of village lot nine where it meets with South Main Street, thence south sixty-nine degrees fifty-four minutes west a distance of nine hundred sixteen and twenty-three hundredths feet to an iron pin; thence in the same course a distance of fourteen feet to an iron pin; thence in the same course a distance of fourteen and four-tenths feet to a point; thence south fifteen degrees thirty-eight minutes and forty seconds east a distance of four hundred forty-six and eighty-seven hundredths feet to a point; thence south twenty-eight degrees thirty-seven minutes and fifty seconds east a distance of one hundred thirteen and eighty-four hundredths feet to a point; thence south eighty-five degrees and forty-seven minutes east a distance of forty-seven and sixty-one hundredths feet to an iron pin; thence on the same course a distance of three hundred and sixty-five feet to an iron pin; thence north seventeen degrees twenty-one minutes and ten seconds east a distance of four hundred fifty-seven and thirty-two hundredths feet to an iron pin; thence north nineteen degrees and thirty minutes west a distance of two hundred and forty-eight feet to a point; thence north sixty-nine degrees and fifty-four minutes east a distance of two hundred eighty-four and twenty-six hundredths feet to a point; thence north nineteen degrees and thirty minutes west a distance of sixty feet to the point and place of beginning, provided that such facility maintains not less than one hundred twenty rooms and suites for overnight lodging, (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 21°50' 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 68°00'50" 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 65°10'50" 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 23°21'40" 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 ° 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 07° 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 81° 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 07° 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 83° 43' 21" W along a portion of the remaining lands of said Marx and DeLaura, 41.51 feet to an iron pin; thence S 08° 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 82° 20' 32" W along a portion of the northerly bounds of said J.C.E.O., 173.50 feet to an iron pin; thence 61° 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 07° 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron pin; thence S 66° 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 00° 45' 18" E along the westerly line of Townley Avenue, a distance of 256.09 feet to a point; thence S 89° 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 00° 59' 17" W a distance of 47.13 feet to an iron pin; thence S 89° 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 14° 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 14° 18' 49" E a distance of 76.46 feet to an iron pin; thence N 00° 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 00° 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 00° 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 89° 02' 07" E along the southerly line of said United States Postal Service a distance of 81.47 feet to a point; thence N 14° 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 32° 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 38° 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 43°-33'-40" West, on said division line, a distance of 77.32 feet to the Point of Beginning. Thence, North 43°-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 74°-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 30°-16'-39" East, a chord distance of 280.79, a central angle of 07°-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 45°-25'-09" East, a chord distance of 534.08, a central angle of 36°-55'-01", a length of 543.43 feet to a point; thence, South 30°-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 30°-04'-59" East, a distance of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of 147.53 feet to a point; thence, South 41°-31'-35" East, a distance of 200.93 feet to a point; thence, South 23°-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 87°55'13" W a distance of 149.37' from the northeast corner of the Patton lands; thence N 74°30'18" W a distance of 51.50 feet to a point; thence S 15°29'42" W a distance of 2.00 feet to a point; thence N 74°30'18" W a distance of 14.00 feet to a point; thence S 15°29'42" W a distance of 19.20 feet to a point; thence S 74°30'18" E a distance of 14.20 feet to a point; thence S 15°29'42" W a distance of 4.20 feet; thence S 74°30'18" E a distance of 51.30 feet to a point; thence N 15°29'42" 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. 76° 43' 56" E. a distance of 133.65 feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a point; thence N. 71° 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. 16° 43' 54" E. with a distance of 77.58' to the point of tangency; thence S. 13° 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. 16° 23' 37" W. with a distance of 54.53 feet to the point of tangency; thence S. 59° 31' 29" W. a distance of 24.64 feet to a point; thence S. 71° 26' 56" W. a distance of 142.18 feet to a point in the easterly line of N. Clinton Street; thence N. 28° 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. 76° 43' 56" E. a distance of 133.65 feet to a point; thence N. 53° 11' 01" E. a distance of 142.28 feet to a point; thence N. 71° 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. 76° 52' 55" W. a distance 283.21 feet to the easterly line of North Clinton Street; thence N. 27° 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.
* NB There are 2 sbpar (x)'s * (x) 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.
* NB There are 2 sbpar (x)'s
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.
(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.
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 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.
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 47° 49' 51" East 49.20 feet to a point; 2) South 41° 08' 51" East 50.18 feet to a point; 3) South 34° 19' 51" East 20.62 feet to a point; 4) South 34° 19' 51" East 29.38 feet to a point; 5) South 28° 23' 51" East 54.00 feet to a point; 6) South 23° 28' 51" East 75.29 feet to a point; 7) South 25° 57' 51" East 130.22 feet to a point; 8) South 30° 43' 21" East 109.09 feet to a point; and 9) South 29° 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 60° 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 29° 21' 51" West 139.17 feet to a point; 2) North 30° 43' 21" West 111.17 feet to a point; 3) North 25° 55' 51" West 130.20 feet to a point; 4) North 26° 32' 41" West 145.00 feet to a point; and 5) North 42° 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 51° 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 03°- 06'- 51" West 54.12 feet to a point; 2) North 00°- 54'- 09" East 281.77 feet to a point; 3) North 01°-45'- 09" East 59.83 feet to a point; and 4) North 02°- 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 88°- 22'- 09" East 475.96 feet to a point; 2) North 60°- 07'- 09" East 66.22 feet to a point; and 3) North 47°- 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 32°- 08'- 51" East 148.00 feet to a point; 2) South 37°- 04'- 51" East 221.91 feet to a point; and 3) South 32°- 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 55°- 39'- 09" West 188.00 feet to a square head bolt; 2) South 68°- 08'- 09" West 115.00 feet to a point; 3) South 81°- 37'-09" West 240.84 feet to a point; and 4) South 74°- 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 40°27'30" 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 33°45'28" West, 74.95 feet to a point, 2) South 59°52'14" West, 108.57 feet to a point, and 3) North 75°07'46" 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 66°25'30" East, 91.92 feet to a point; thence North 52°56'30" 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 40°27'30" West, 188.00 feet to a point; thence through said lands now or formerly of Fort William Henry Corp. North 33°45'28" East, 102.84 feet to a point; thence North 40°27'30" 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 51°54'30" 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 03°- 06'- 51" West 54.12 feet; 2) North 00°- 54'- 09" East 281.77 feet; 3) North 01°- 45'- 09" East 59.83 feet; and 4) North 02°- 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 03°- 29'-09" East 105.00 feet to a point; 2) North 09°- 11'- 09" East 60.10 feet to a point; 3) North 05°- 41'- 09" East 161.06 feet to a point; 4) North 09°- 28'-34" East 124.23 feet to an iron pin; 5) North 14°- 08'- 27" East 150.26 feet to a square monument; 6) North 22°- 36'- 14" East 111.15 feet to a point; and 7) North 17°- 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 59°- 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 51°- 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 42°- 42'- 21" East 120.00 feet to a point; 2) South 26°- 32'- 41" East 145.00 feet to a point; 3) South 25°-55'- 51" East 130.20 feet to a point; 4) South 30°- 43'- 21" East 111.17 feet to a point; and 5) South 29°- 21'- 51" East 139.17 feet to a point; thence North 60°- 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 29°- 21'- 51" East 32.24 feet to a point; and 2) South 30°- 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 47°- 47'- 09" West 315.47 feet to a point; 2) South 60°- 07'- 09" West 66.22 feet to a point; and 3) South 88°- 22'- 09" West 475.96 feet to the point of beginning, containing 9.398 acres of land, being the same more or less.
7. Notwithstanding any other provision of law to the contrary, the state liquor authority may issue a license under paragraph (b) of subdivision five of section sixty-four-c of this chapter to the Culinary Institute of America, the owner and operator of the parcels described in this subdivision, notwithstanding that such beer brewed on its premises shall be sold to restaurant licensees on its premises by said Culinary Institute of America directly and not through a New York state licensed beer wholesaler. The legal descriptions for the parcels identified as the site are as follows:
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 03° 15' 30" East 68.91 feet, North 09° 35' 20" East 31.09 feet, North 06° 53' 00" East 148.62 feet, and North 12° 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 38° 26' 00" East 25.02 feet, North 63° 13' 00" East 37.83 feet, and North 67° 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 03° 16' 59" East 179.57 feet and South 79° 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 28° 34' 00" West 105.08 feet, South 32° 18' 00", East 12.15 feet, and South 35° 55' 00" West 193.04 feet to lands now or formerly of Traver; running thence along lands now or formerly of Traver North 68° 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 74° 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 30° 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 09° 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 75°47'50" W 14.13 feet, N 88°00'00" W 19.26 feet, S 89°03'40" W 71.81 feet, N 85°27'10" W 26.53 feet, N 78°46'10" W 19.94 feet, N 67°29'50" W 16.69 feet, N 59°35'20" W 19.23 feet, N 38°17'40" W 23.84 feet, N 24°05'30" W 19.00 feet, N 09°55'10" W 37.76 feet, N 14°28'00" W 46.56 feet, N 27°34'30" W 37.18 feet, N 41°31'30" W 33.65 feet, N 49°50'10" W 23.03 feet, N 53°39'00" W 32.91 feet, S 14°48'10" W 3.06 feet, S 44°29'40" W 7.00 feet, S 44°31'13" W 59.42 feet, S 49°07'20" 18.46 feet, S 71°48'50" W 21.08 feet, N 79°41'00" W 22.25 feet and 12°45'40" 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 77°14'20" W 144.93 feet, N 78°11'10" W 166.93 feet, N 77°46'10" W 113.88 feet, N 75°19'10° W 99.31 feet and N 76°27'50" 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 07°10'10" E 386.40 feet, S 81°18'10" E 12.00 feet, N 08°41'50" E 600.00 feet, N 12°59'10" E 200.56 feet and N 08°41'50" 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 10°57'40" E 239.98 feet to a point; thence N 76°46'30" W 10.00 feet, N 13°13'30" E 499.68 feet and N 02°20'30" 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 11°02'44" E 249.88 feet to a point; thence N 25°43'50" E 134.21 feet, N 07°55'30" E 257.99 feet, N 07°21'10" W 285.52 feet, N 02°27'50" E 482.00 feet, N 47°10'10" W 26.25 feet, N 02°27'50" E 466.37 feet and N 87°32'10" 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 00°11'31" W 293.43 feet to a point; thence N 01°22'30" 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 06°06'27" 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 36°25'00" E 87.53 feet, S 57°59'40" E 52.51 feet, S 77°19'10" E 166.22 feet, S 77°55'50" E 100.43 feet, S 77°40'40" E 107.11 feet, N 35°39'40" E 233.03 feet, N 36°54'30" E 105.52 feet, N 69°23'50" E 179.67 feet, N 35°19'50" E 60.26 feet, N 60°24'40" E 155.25 feet, N 08°43'28" E 923.94 feet, S 77°31'22" E 34.05 feet, N 28°59'38" E 583.86 feet and S 77°26'02" 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 14°34'48" W 95.96 feet, N 75°25'12" W 10.00 feet, S 14°34'48" W 125.00 feet, S 75°25'12" E 10.00 feet, S 14°34'48" W 325.00 feet and S 75°25'12" 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 14°12'43" W 366.41 feet, N 75°47'17" W 3.21 feet, S 16°51'36" W 357.10 feet, S 16°51'37" W 264.56 feet, S 17°21'41" W 200.79 feet, S 06°47'36" W 236.91 feet, S 03°54'03" E 113.84 feet, S 11°33'18" W 168.19 feet, S 11°33'18" W 144.66 feet, S 24°42'50" W 210.43 feet, S 14°35'17" W 42.95 feet, S 15°01'19" W 27.66 feet, S 11°16'33" E. 114.76 feet, S 11°22'40" W 1485.99 feet, S 02°37'22" W 92.32 feet, S 07°24'10" W 114.00 feet, S 11°34'59" W 200.60 feet, S 06°37'42" W 438.02 feet, S 09°11'00" W 460.65 feet, S 13°21'53" W 180.57 feet, S 18°59'07" W 45.72 feet, S 21°30'45" W 19.23 feet, S 10°46'21" W 148.66 feet, S 16°10'46" W 157.35 feet, S 09°41'50" W 135.29 feet, and S 16°37'07" 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 12°20'30" 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 77°39'30" W 331.51 feet, N 12°20'30" E 373.20 feet, S 77°39'30" E 331.51 feet and S 12°20'30" W 373.20 feet to the point or place of beginning.
CONTAINING 2.84 ACRES OF LAND 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.
Last modified: February 3, 2019