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Article 8 - Section 101 - ABC Law

GENERAL PROVISIONS - Article 8

Section Description
101 Manufacturers and wholesalers not to be interested in retail places.
S 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.
    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.
    
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