N.Y. Alco. Bev. Cont. Law § 101
Beginning at a point on the east right-of-way line of North Bloomfield Road said point also being the northwest corner of lands now or formerly owned by Donald and Jean Baier having T.A. # 070.19-01-06; thence
Commencing at the northeast corner of Lot number 180 of the Hayward Homestead Subdivision, said subdivision being filed in the Monroe County Clerk's Office in Liber 8 of maps at page 67, thence southeasterly along the southerly right-of-way line of Railroad Street (50 feet wide) on a bearing of S 54°01'27" E a distance of 105.51 feet to a point, said point being the true point and place of beginning. Thence the following courses and distance;
Being and hereby intending to describe a portion of an existing building located at 85-97 Railroad St, Rochester New York, having an area of 7,771 square feet or 0.178 acres. Bearings referenced to deed bearings as described in liber 10480 of deeds page 278.
Commencing at the intersection of the northerly right-of-way Line of University Avenue and the easterly right-of-way line of Culver Road; thence southeasterly along the northerly right-of-way line of University Avenue a distance of 1012.49 feet to the southwesterly most property corner of lands now or formerly of University Avenue, LLC as laid forth in Liber 11267 of deeds 398; thence continuing southeasterly along the northerly right-of-way line of University Avenue a distance of 391.30 feet to a point, said point being the true point and place of beginning. Thence the following courses and distance:
Being and hereby intending to describe a portion of an existing building located at 1344 University Avenue Rochester, New York, having an area of 21,489 square feet or 0.493 acres.
Commencing at the intersection of the northerly right-of-way Line of University Avenue and the easterly right-of-way line of Culver Road; thence southeasterly along the northerly right-of-way line of University Avenue a distance of 49 feet to the southwesterly most property corner of lands now or formerly of University Avenue, LLC as laid forth in Liber 11267 of deeds 398; thence continuing southeasterly along the northerly right-of-way line of University Avenue a distance of 391.30 feet to a point, said point being the true point and place of beginning. Thence the following courses and distance:
ALL THAT TRACT OR PARCEL OF LAND, situate on the east side of North Bloomfield Road in the City of Canandaigua, County of Ontario and State of New York, bounded and described as follows:
Beginning at the southwest corner of lands of the grantor which point of beginning marked by an iron in the east highway boundary of said Road 882.14 feet northwesterly from the north line of Buffalo Street in said City; running thence N 74° 22' 10" E a distance of 1108.20 feet to a point in the west line of lands of the New York Central & Hudson River Railroad Batavia Branch, marked by an existing iron; running, thence N 34° 34' 20" W along the westerly bounds of said Railroad a distance of 412.38 feet to a point, marked by an existing iron; running thence S 74° 01' 20" W a distance of 1241.03 feet, through an existing iron, to a point, marked by a spike in the east line of said North Bloomfield Road; running thence S 50° 34' 20" E and along the east highway boundary of said North Bloomfield Road a distance of 466.65 feet to the point and place of beginning.
PARCEL 2
ALL THAT TRACT OR PARCEL OF LAND, lying to the east of the parcel above described, and also west of lands of said New York Central & Hudson River Railroad Auburn Branch in said City of Canandaigua, County of Ontario and State of New York, bounded and described as follows:
Beginning at a point, marked by an iron, in the east line of lands of the New York Central & Hudson River Railroad Batavia Branch, which point is at the northwest corner of other lands of the grantee, said point being N 69° 14' 50" E a distance of 68.94 feet from the easterly terminus of the first course in the description of Parcel 1, running thence N 70° 49' 40" E and along other lands of the grantee, a distance of 726.63 feet to a point, marked by an iron in the west boundary of lands of the New York Central & Hudson River Railroad Auburn Branch; running thence N 19° 17' 20" W and along the westerly bounds of said Railroad a distance of 391.29 feet to a point, marked by an iron; running thence S 70° 41' 30" W a distance of 856.10 feet to a point, marked by an existing iron in the easterly bounds of said New York Central & Hudson River Railroad Batavia Branch; running thence S 37° 40' 30" E along the easterly bounds of said New York Central & Hudson River Railroad Batavia Branch a distance of 410.47 feet to the point or place of beginning.
PARCEL 3
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario and State of New York, bounded and described as follows:
Commencing at a point in the north line of Buffalo Street where the same is intersected by the west line of the Penn Central Railroad Auburn Branch and thence running (1) S 70° 25' 10" W, along the north line of Buffalo Street a distance of 516.06 feet to a point in the east line of the Penn Central Railroad Batavia Branch; thence (2) N 37° 42' 55" W along the easterly line of Batavia Branch of the railroad a distance of 758.52 feet to a point; thence (3) N 70° 25' 10" E a distance of 743.79 feet to a point in the west line of the Auburn Branch of the railroad; thence (4) S 19° 36' 35" E along said west line of the Auburn Branch of the railroad distance of 379.37 feet to a point; thence (5) N 70° 25'10" E a distance of 8.00 feet to a point; thence (6) S 19° 36' 35" E a distance of 341.48 feet to a point on the north line of Buffalo Street and the place of beginning.
PARCEL 4
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario and State of New York, bounded and described as follows:
Beginning at a point at a corner in the general easterly line of land of Canandaigua Industries Co., Inc., distant 341.48 feet measured N 19° 36' 36" W along said easterly line, from the northerly line of Buffalo Street at a point therein distant 1200 feet, more or less, measured westwardly, along said line of Buffalo Street, from the westerly line of Main Street;
Extending from said beginning point the following eight courses and distances, the first four thereof being along said general easterly line of lands of Canandaigua Industries Co., Inc.:
PARCEL 5
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario, State of New York, all as shown on a map entitled "8.512 acre parcel to be conveyed to Constellation Brands, Inc. by Meridian Automotive Systems, Inc.", prepared by Costich Engineering, P.C., having drawing number 3203-A, dated 6/18/2003, and being more particularly bounded and described as follows:
Commencing at a point on the south right-of-way line of North (66.0' R.O.W.) Street said point being the northwest corner of lands now or formerly owned by Cambridge Acquisition Corp, having T.A. # 070.19-01-04.2 and the northeast corner of lands now or formerly owned by Cambridge Acquisition Corp having T.A.070.19-01-03; thence A. S38°37'53"E, along the aforementioned common property line a distance of 772.95 feet to the point and place of beginning; thence 1. S38°37'53"E, a distance of 772.95 feet to a point; thence 2. S62°34'17"W, a distance of 440.56 feet to a point; thence 3. N45°24'43"W, a distance of 531.72 feet to a point of curvature; thence 4. Northwesterly on a curve to the left having a delta angle of 02°38'31", a radius of 5,786.16 feet, and an arc length of 266.80 feet, said curve also having a chord of N46°44'17"W, 266.78 feet to a point; thence 5. N62°29'47"E, a distance of 542.77 feet to the point and place of beginning. Containing 8.512 acres of land, more or less.
PARCEL 6
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario, State of New York, bounded and described as follows:
Beginning at a point in the west line of Finger Lakes Railway Corp., said point being the northwest corner of a parcel of land conveyed by George P. Baker, Richard C. Bond and Jervis Langdon, Jr., Trustees of the Property of Penn Central Transportation Company, Debtor to Canandaigua Wine Company, Inc., Liber 729 of Deeds at page 95 and proceeding thence, N 19° 38' 00" W, along the west line of Finger Lakes Railway Corp., for a distance of 227.29 feet to a point in the north line of lands of Ontario County Industrial Development Agency, Liber 1096 of Deeds at page 335; thence, N 70° 17' 00" F, for a distance of 38.00 feet to a point; thence, S 19° 38' 00" E, through lands of Finger Lakes Railway Corp. for a distance of 227.35 feet to a point; thence, S 70° 22' 00" W, for a distance of 38.00 feet to the point and place of beginning and containing 0.198 acre of land.
PARCEL 7
ALL THAT PROPERTY situate in the City of Canandaigua, County of Ontario and State of New York and being all of the right, title and interest of The Owasco River Railway, Inc., in and to all those certain pieces or parcels of land and premises, easements, rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along that portion of a branch of railroad known as the Holcomb Branch which lies north of the north line of West Avenue and extends in a northwesterly direction for a distance of 7370 feet, more or less, to the center line of North Street, in said City of Canandaigua. Excepting from this conveyance so much of the said property which lies south of the south line of Buffalo Street. Excepting from this conveyance so much of the said property as described in that certain deed from Ontario County Industrial Development Agency to Meridian Automotive Systems-Composites Operation, Inc, dated November 12, 2003 and recorded in the Ontario County Clerk's Office on January 23, 2004 in Liber 1112 of Deeds at page 316. Excepting from this conveyance so much of said property lying north of the above mentioned exception parcel conveyed to Meridian Automotive Systems-Composites Operation, Inc. and the center line of North Street.
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
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
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-ofway 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; or
BEGINNING at a point on the easterly side of Saw Mill River Road where the same is intersected by the division line between premises hereinafter described and lands now or formerly of One Riverdale Ave. Development Co., Inc., said point being North 11 Degrees 23' 24" West 22.83 feet from the former North East corner of Saw Mill River Road and Hunter Lane;
THENCE along said division line, North 82 Degrees 18' 00" East 647.08 feet to land now or formerly of One Riverdale Ave. Development Co., Inc.;
THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of lands now or formerly of Hodes Daniels;
THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet, South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West 120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east side of Saw Mill River Road;
THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING; or
COMMENCING at an iron rod in the westerly side of River Street at the most southeasterly corner of premises heretofore conveyed by Harry Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed dated November 8, 1940, recorded November 12, 1940 In the Office of the Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and running thence southerly along the westerly line of River Street 215.6 feet to a pipe in the most southeasterly corner of Lot No. A7; thence westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to the easterly shore of the Hudson River; thence northerly along the easterly shore of the Hudson River 216 feet more or less to the most southwesterly corner of land heretofore conveyed by the said Harry Goldberg and Norman Goldberg to Arthur E. Collins and another hereinbefore recited; thence along the southerly line of lands heretofore conveyed to said Collins and another easterly 31.75 feet; thence northerly 6.33 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence easterly 150.57 feet to the point or place of beginning.
EXCEPTING THEREFROM that portion of the above described premises as were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,
Containing 17,600 square feet of land more or less.
BEARINGS refer to the magnetic meridian of 1993. Said premises are also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage and depth 115.60 x 220.00 being the same premises described in Book 6534 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being the same premises in the 2009 City of Troy Assessment Rolls and 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded and described as follows: BEGINNING at a point marked by a capped iron rod where the division line between lands now or formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands herein described on the southwest intersects the northwesterly side of River Street; running thence South 40° 01' 52" West along the northwesterly side of River Street a distance of 100.00 feet to a point; thence North 49° 45' 31" West a distance of 41.97 feet to a point at the southwesterly corner of the building located on the herein described premises, said point also being the northeasterly corner of the building located on the property adjoining on the southwest; thence North 60° 59' 40" West along the building wall located on the property adjoining on the southwest and the northwesterly continuation of same a distance of 140.88 feet to the easterly shore of the Hudson River; thence North 30° 16' 52" East along the shore of the Hudson River a distance of 90.90 feet to a point; thence South 60° 44' 08" East along lands now or formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a distance of 31.75 feet to a point; thence North 30° 16' 52" East continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 feet to a point; thence South 60° 44' 08" East continuing along lands now or formerly of Walter Snyder Printer, Inc a distance of 18.00 feet to a point; thence South 30° 16' 52" West continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 feet to a point; thence South 60° 44' 08" East continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 feet to the point and place of beginning. Be the aforesaid dimensions in this clause more or less and encompassing lands considered to be a single contiguous parcel.
The provisions of this paragraph shall not apply to any premises licensed under section sixty-four of this chapter in which a manufacturer or wholesaler holds a direct or indirect interest, provided that:
BEGINNING at a point on the westerly side of U.S. Route 6 where the same is intersected by Lot No. 1 as shown on "Minor Subdivision Plat Prepared for Hinckley Holdings LLC Between Tax Lots 55.10-1-1, 55.10-1-3 & 55.6-1-53," filed in the Putnam County Clerks' office on July 18, 2018 as filed map no. 3196 and lands now or formerly of the Putnam County Bike path; THENCE from said point of beginning along the westerly side of U.S. Route 6, S 14° 39' 25" E 16.79' to the intersection of Lot Nos. 1 & 3 as shown on the aforementioned filed map no. 3196; THENCE along the dividing line between Lot Nos. 1 & 3 as shown on the aforementioned filed map no. 3196, S 75° 20' 35" W 6.53' to a point on a curve to the right; THENCE along said curve to the right with a radius of 150.00', a length of 49.19' and a central angle of 18° 47' 25" to a point; thence N 85° 52' 00" W 743.76', S 2° 05' 46" W 866.14' and N 88° 19' 25" W 258.90' to a point at the intersection of Lot Nos. 1, 2, & 3 as shown on the aforementioned filed map no. 3196; THENCE along the dividing line between Lot Nos. 1 & 2 as shown on the aforementioned filed map no. 3196, N 28° 38' 52" W 218.96' and N 77° 16' 24" W 239.77' to a point on a curve to the right; THENCE along said curve to the right with a radial bearing of S 84° 14' 21" E, a radius of 150.00', a length of 14.91' and a central angle of 5° 41' 49" to a point; thence N 11° 27' 28" E 300.64' to a point on a curve to the left; THENCE along said curve to the left with a radius of 70.00', a length of 121.16' and a central angle of 99° 10' 18" to a point; THENCE N 87° 42' 50" W 58.65' to a point on the easterly side of Seminary Hill Road; THENCE along the easterly side of Seminary Hill Road, N 24° 43' 45" E 16.72', N 22° 06' 20" E 413.76', N 31° 12' 50" E 6.29', N 43° 03' 10" E 4.16' and N 42° 32' 19" E 6.72' to a point at the intersection of Lot No. 1 as shown on the aforementioned filed map no. 3196 and lands now or formerly of the Putnam County Bikepath; THENCE along the dividing line between Lot No. 1 as shown on the aforementioned filed map no. 3196 and lands now or formerly of the Putnam County Bikepath, N 63° 24' 48" E 12.80', N 72° 52' 19" E 17.05', S 68° 45' 13" E 41.08', S 88° 19' 31" E 215.42', S 29° 05' 17" E 71.85', S 74° 05' 17" E 393.67' and S 85° 52' 00" E 617.85' to the point and place of BEGINNING. Containing within said bounds 13.003 acres of land more or less.
BEGINNING at a point at the southwest corner of the herein described parcel. Also being the southeast corner of Lands of Village of South Glens Falls (L. 1448 P. 709) and being on the north boundary of West Marion Street, thence from said point of beginning: n 21-21'-57" E 150.72 feet along lands of the Village of South Glens Falls to a point on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04 feet along lands of Village of South Glens Falls and Mounir Rahal to a point at the southeast corner of Rahal and on the west boundary of U.S. Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the intersection of the west boundary of Rte. 9 and the north boundary of West Marion Street, thence North 67-32'-32" West 189.29 feet along West Marion Street to the point and place of beginning. Said parcel containing 0.507 plus or minus acres.
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 PoughkeepsieHyde 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:
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:
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 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 402-20024850 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 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 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.
BEGINNING at a point on the northerly side of Spur Drive North distant 143.78 feet westerly from the corner formed by the intersection of the northerly side of Spur Drive North and the westerly side of Fifth Avenue;
RUNNUNG THENCE South 86 degrees 45 minutes 15 seconds West along the northerly side of Spur Drive North 175.00 feet;
THENCE North 43 degrees 41 minutes 20 seconds West 32.44 feet to the easterly side of 5th Industrial Court;
THENCE North 5 degrees 52 minutes 00 seconds East along the easterly side of 5th Industrial Court 175.00 feet;
THENCE North 86 degrees 45 minutes 15 seconds East 200.00 feet;
THENCE South 5 degrees 52 minutes 00 seconds West 200 feet to the northerly side of Spur Dive North and the point or place of BEGINNING.
Being and intended to be the same premises as conveyed to the Grantor herein by deed January 7, 2000 and recorded January 24, 2000 in Liber 12015, 422. Notwithstanding section one hundred seven-a of this article, the retail licensee and brand owner located at the premises described in subparagraph (xviii) of paragraph (a) of subdivision thirteen of section one hundred six of this article and further identified as Parcel A in such subparagraph may designate the manufacturer licensee located at the premises described in this subparagraph as owner of such brands for purposes of brand label registration and price scheduling under this chapter.
BEGINNING at a point on the northerly right-of-way line of East Avenue; said point being easterly 125.43 feet from the easterly right-of-way line of Alexander Street, as measured along said northerly right-of-way line of East Avenue; thence,
TOGETHER WITH THE BENEFITS and subject of the burdens of a certain Easement Agreement for Ingress, Egress & Parking by and between City East LLC and 384 East Avenue Inn of Rochester, LLC dated February 22, 2017 and recorded February 23, 2017 in Liber 11824 of Deeds, 507, as amended by a certain Amended and Restated Easement Agreement for Ingress, Egress & Parking by and between City East LLC and 384 East Avenue Inn of Rochester, LLC dated October 10, 2019 and recorded October 15, 2019 in Liber 12254 of Deeds 451.
Beginning at a point in the center of Searle Lane at the most southerly corner of the premises; Thence, North 36°50' 00" West, 498.55 feet along the center of Searle Lane to a point in the bounds of Mirror Lake Drive, and being the most westerly corner of the premises; Thence, North 37°10' 00" East, 255.37 feet along the bounds of Mirror Lake Drive to a point at the most northerly corner of the premises; Thence, South 52° 50' 00" East, 95.66 feet along a line parallel to and thirty-six feet (36') distant from the north wall of the "dorm", so-called, to a point; Thence, South 23° 43' 00" East, 80.00 feet along a line parallel to and thirty feet (30') distant from the east wall of the "dorm" to a point; Thence, South 00° 24' 00" East, 293.48 feet along the east line of the premises to an angle point; Thence, South 36° 50' 00" East, 150.00 feet along the east line of the premises to an angle point and being the most easterly corner; Thence, South 53°10' 00" West, 135.00 feet along the southeast line of the premises to the Point-of-Beginning and encompassing therein 2.68 acres more or less. All bearings are oriented to NYS Grid North, East Zone. Together with all right, title and interest in and to the land to the center of Mirror Lake Drive as it abuts the premises herein above described. Granting and Reserving all structures, wires, lines, easements of record, if any, for public utilities and highway purposes as the same now exist upon or affect the premises hereinabove described. Being part of the premises conveyed by Lake Placid Land Corporation to Placid Gold, LLC by deed dated the 24th day of May 1996 and recorded in the Essex County Clerk's Office in Deed Book 1113 at 302. The lands conveyed are subject to the Terms and Conditions of Adirondack Park Agency Permit Nos. 96-316, 96-316A, 96-316A, 97-38, 97-38A, 98-307, 98-307A which are binding upon the heirs, successors and assigns of the grantors and all subsequent grantees. Said parcel being the Dormitory lot and Lot Nos. 1, 2, 3 and 4 of the Executive Lodge Subdivision, Section 1, Lake Placid Resort, filed in the Essex County Clerk's Office as Map No. 3057 the 6th day of May 1981 and depicted on the 2010 Village of Lake Placid Tax Map No. 042.0HL in Block 7 as Parcel 29,000.
Beginning at a point on the southerly side of 72nd Street distant 179 feet easterly from the southerly corner of Amsterdam Avenue and 72nd Street; Running thence southerly and parallel with the easterly side of Amsterdam Avenue 102 feet 2 inches to the center line of the block; Thence easterly and parallel with the southerly side of 72nd Street 21 feet; Thence northerly and parallel with the easterly side of Amsterdam Avenue and part of the distance through a party wall 102 feet 2 inches to the southerly side of 72nd Street; Thence westerly along the southerly side of 72nd Street 21 feet to the point or place of Beginning.
PARCEL 1
BEGINNING at a point in the northerly line of said Seneca street and distant one hundred eighteen and five-tenths (118.5) feet westerly, measured along said northerly line of Seneca Street, from the westerly line of Linden Street, as at present monumented by the city of Geneva; thence running (1) northerly at an angle in the northwest quadrant of ninety (90) degrees, sixteen (16) minutes with the northerly line of Seneca Street a distance of one hundred ninety-two and five-tenths (192.5) feet, more or less, to a point in the old line fence, which point is the northeasterly corner of the premises; thence running (2) westerly along said old line fence at an angle in the northwest quadrant of eighty-five (85) degrees, fifty-two (52) minutes with the line fence herein described a distance of seventy-eight and two-tenths (78.2) feet to a point; thence running (3) northerly at an angle in the northeast quadrant of ninety-four (94) degrees, four (4) minutes with the last described course and along a jog in said fence a distance of three and five-tenths (3.5) feet, more or less, to a point; thence running (4) westerly and continuing along said old fence line a distance of eleven and five-tenths (11.5) feet, more or less, to a point, which point is the northwest corner of the premises, and running thence (5) in a southerly direction a distance of two hundred two (202) feet, more or less, to the northerly line of said Seneca Street, as now monumented, which point is the southwest corner of the premises, and running thence (6) along the northerly line of said Seneca Street a distance of eighty-nine and seven-tenths (89.7) feet to the point or place of beginning.
PARCEL 2
All that certain lot, piece or parcel of land situate in the city of Geneva, County of Ontario and state of New York, more particularly bounded and described as follows:
Commencing at a point in the east line of lands of Agnes Dempsey Doxsee, said point being one foot south of the south wall of the present barn now on said land, and running thence southerly about twenty-nine (29) feet, more or less, to the north line of the lands of the S-G Theatre Corporation; thence westerly along the north line of the land of the S-G Corporation thirty-three (33) feet to a point; thence northerly and parallel with the first course hereof and along the westerly line of the lands of Agnes Dempsey Doxsee to a point; which point if measured in a straight line east and west would be one (1) foot south of the south line of the present barn; thence easterly thirty-three (33) feet to the place of beginning.
Being the same premises shown on a map of a survey prepared by William J. Newton, L.S. dated January 15, 1975 (Survey No. 74-202-C) filed in the Ontario County Clerk's office.
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of East Hampton, County of Suffolk and State of New York, known and designated as Lots 81 through 86, inclusive in Block 2, as shown on that certain map entitled, "Map of Montauk Manor, Section 1", which Map was filed in the Office of the Clerk of the County of Suffolk on September 1, 1911 as Map #518, said lots when taken together, are more particularly bounded and described as follows:
BEGINNING at a point of intersection of the easterly side of Washington Street and the division line between lands now or formerly of B and B Precision Realty, Inc., and the premises herein described;
RUNNING THENCE from said point of beginning along the last mentioned division line South 58 degrees 15 minutes 48 seconds East 100 feet to a point on the division line between lands now or formerly of B and B Precision Realty, Inc., lands now or formerly of Grace Friedman and the premises herein described;
RUNNING THENCE along the last mentioned division line South 32 degrees 39 minutes 17 seconds West 120.02 feet to a point on the division line between lands now or formerly of Hattie Jones and the premises herein described;
THENCE RUNNING along the last mentioned division line North 58 degrees 15 minutes 48 seconds West 100 feet to a point on the easterly side of Washington Avenue;
THENCE RUNNING along same North 32 degrees 39 minutes 17 seconds East 120.02 feet to the point or place of BEGINNING. Notwithstanding section one hundred seven-a of this article, the retail licensee and brand owner located at the premises described in subparagraph (xviii) of paragraph (a) of subdivision thirteen of section one hundred six of this article may designate the importer licensee located at the premises described in this subparagraph as owner of such brands for purposes of brand label registration and price scheduling under this chapter.
All that tract or parcel of land situate in the City of Geneva, County of Ontario, State of New York, all as shown on a map entitled "Existing Building Exhibit Finger Lakes Welcome Center" prepared by Costich Engineering D.P.C dated February 28, 2018 having dwg # 4750 VE110 and being more particularly bounded and described as follows:
Beginning at the existing northwest corner of the One Story Frame Finger Lakes Welcome Center having grid coordinates of N1046012.35 E 714603.03 referenced to the New York State Plane Coordinate System of 1983 Central Zone; thence Easterly, and along the existing building face a distance of 52.3 feet to a point; thence Northerly, and along the existing building face a distance of 5.3 feet to a point; thence Easterly, and along the existing building face a distance of 40.3 feet to a point; thence Southerly, and along the existing building face a distance of 26.5 feet to a point; thence Easterly, and along the existing building face a distance of 5.4 feet to a point; thence Southerly, and along the existing building face a distance of 15.0 feet to a point; thence Easterly, and along the existing building face a distance of 8.5 feet to a point; thence Southerly, and along the existing building face a distance of 31.3 feet to a point; thence Westerly, and along the existing building face a distance of 28.1 feet to a point; thence Northerly, and along the existing building face a distance of 4.4 feet to a point; thence Westerly, and along the existing building face a distance of 26.1 feet to a point; thence Southerly, and along the existing building face a distance of 42.2 feet and continuing southerly on the building extension line a distance of 28 feet comprising a total distance of 70.2 feet to a point on the southerly limit of the existing patio area; thence Westerly, and along the southerly limits of the existing patio area a distance of 95 feet to a point; thence Northerly, and along the westerly limits of the existing patio area a distance of 11 feet to a point of curvature; thence Northerly, along a curve to the left and along the westerly limits of the existing patio area a distance of 19 feet to a point; thence Northerly, and along the westerly limits of the existing patio area a distance of 18 feet to a point; thence Easterly, and along the northerly limits of the existing patio area a distance of 27 feet to a point on the existing building face; thence Northerly, and along the existing building face a distance of 45.7 feet to a point; thence Easterly, and along the existing building face a distance of 28.1 feet to a point; thence Northerly, and along the existing building face a distance of 44.9 feet to the point and place of beginning.
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".
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 47º 49' 51" East 49.20 feet to a point; 2) South 41º 08' 51" East 50.18 feet to a point; 3) South 34º 19' 51" East 20.62 feet to a point; 4) South 34°º 19' 51" East 29.38 feet to a point; 5) South 28º 23' 51" East 54.00 feet to a point; 6) South 23º 28' 51" East 75.29 feet to a point; 7) South 25º 57' 51" East 130.22 feet to a point; 8) South 30º 43' 21" East 109.09 feet to a point; and 9) South 29º 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 60º 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 29º 21' 51" West 139.17 feet to a point; 2) North 30º 43' 21" West 111.17 feet to a point; 3) North 25º 55' 51" West 130.20 feet to a point; 4) North 26º 32' 41" West 145.00 feet to a point; and 5) North 42º 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 51º 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 03º- 06'- 51" West 54.12 feet to a point; 2) North 00º- 54'- 09" East 281.77 feet to a point; 3) North 01º-45'- 09" East 59.83 feet to a point; and 4) North 02º- 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 88º- 22'- 09" East 475.96 feet to a point; 2) North 60º- 07'- 09" East 66.22 feet to a point; and 3) North 47º- 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 32º- 08'- 51" East 148.00 feet to a point; 2) South 37º- 04'- 51" East 221.91 feet to a point; and 3) South 32º- 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 55º- 39'- 09" West 188.00 feet to a square head bolt; 2) South 68º- 08'- 09" West 115.00 feet to a point; 3) South 81º- 37'-09" West 240.84 feet to a point; and 4) South 74º- 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 40º27'30" 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 33º45'28" West, 74.95 feet to a point, 2) South 59º52'14" West, 108.57 feet to a point, and 3) North 75º07'46" 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 66º25'30" East, 91.92 feet to a point; thence North 52º56'30" 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 40º27'30" West, 188.00 feet to a point; thence through said lands now or formerly of Fort William Henry Corp. North 33º45'28" East, 102.84 feet to a point; thence North 40º27'30" 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 51º54'30" 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 03º- 06'- 51" West 54.12 feet; 2) North 00º- 54'- 09" East 281.77 feet; 3) North 01º- 45'- 09" East 59.83 feet; and 4) North 02º- 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 03º- 29'-09" East 105.00 feet to a point; 2) North 09º- 11'- 09" East 60.10 feet to a point; 3) North 05º- 41'- 09" East 161.06 feet to a point; 4) North 09º- 28'-34" East 124.23 feet to an iron pin; 5) North 14º- 08'- 27" East 150.26 feet to a square monument; 6) North 22º- 36'- 14" East 111.15 feet to a point; and 7) North 17º- 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 59º- 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 51º- 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 42º- 42'- 21" East 120.00 feet to a point; 2) South 26º- 32'- 41" East 145.00 feet to a point; 3) South 25º-55'- 51" East 130.20 feet to a point; 4) South 30º- 43'- 21" East 111.17 feet to a point; and 5) South 29º- 21'- 51" East 139.17 feet to a point; thence North 60º- 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 29º- 21'- 51" East 32.24 feet to a point; and 2) South 30º- 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 47º- 47'- 09" West 315.47 feet to a point; 2) South 60º- 07'- 09" West 66.22 feet to a point; and 3) South 88º- 22'- 09" West 475.96 feet to the point of beginning, containing 9.398 acres of land, being the same more or less.
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 PoughkeepsieHyde 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 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 402-20024850 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 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 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.
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.
ALL THAT TRACT OR PARCEL OF LAND, situate in the city of Binghamton, County of Broome, and State of New York, being more particularly described as follows:
Beginning at a point in the east side of Exchange Street at the southwest corner of the stone front building known as "Pope Block;" thence,
SNDA (Master Lease) - SUNY Broome 28865746v4
N.Y. Alco. Bev. Cont. Law § 101