2. Any and all easements or rights of way of record. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. * NB There are 3 sbpar (xxiii)'s * (xxiii) Part A ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Thompson Street, distant 87 feet 5 inches southerly from the corner formed by the intersection of the easterly side of Thompson Street with the southerly side of Spring Street; RUNNING THENCE Easterly on a line forming an interior angle of 89 degrees 47 minutes 30 seconds with the easterly side of Thompson Street a distance of 87 feet 11 1/2 inches to a point in a line drawn northerly along the westerly face of the westerly wall of the one story brick building located on the premises adjoining on the east; THENCE Southerly along the said line and along the westerly face of said wall to the northerly face of another one story brick building on said adjoining premises; THENCE Westerly along the said northerly face of the said northerly wall 6 inches to the westerly face of the westerly wall of said building; THENCE Southerly along the westerly face of said wall and a line in continuation thereof to a line drawn at right angles to Thompson Street from a point in the easterly side thereof distant 50 feet southerly from the point of beginning. THENCE Westerly at right angle to Thompson Street, 87 feet 6 1/2 inches more or less to the easterly side of Thompson Street; THENCE Northerly along the easterly side of Thompson Street, 50 feet to the point or place of BEGINNING. Part B ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, County of New York, City and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of West Broadway distant 93 feet 5 3/4 inches (U.S. Standard) southerly as measured along the westerly side of West Broadway from the corner formed by the intersection of the southerly side of Spring Street with the westerly side of West Broadway. RUNNING THENCE in a general southerly direction along the westerly side of West Broadway a distance of 47 feet 4 1/4 inches (U.S. Standard); RUNNING THENCE in a general westerly direction along a line forming an interior angle of 89 degrees 54 minutes 25 seconds with the westerly side of West Broadway a distance of 75.0 feet (U.S. Standard); RUNNING THENCE in a general northerly direction along a line forming an interior angle of 90 degrees 05 minutes 35 seconds with the last mentioned course a distance of 46 feet 11 5/8 inches (U.S. Standard); RUNNING THENCE in a general easterly direction along a line forming an interior angle of 90 degrees with the last mentioned course a distance of 16.0 feet (U.S. Standard); RUNNING THENCE in a general northerly direction along a line forming a right angle with the last mentioned course a distance of 5 inches (U.S. Standard); and THENCE in a general easterly direction along a line forming an interior angle of 89 degrees 51 minutes 30 seconds with the last mentioned course a distance of 59.0 feet (U.S. Standard); to the westerly side of West Broadway, the point or place of BEGINNING. The above description is an overall description appearing of record in Deed recorded 11/16/1988 in Reel 1494 Page 1438, which combines the following PARCEL A and PARCEL B as described in said Deed and prior Deeds of record: PARCEL A (Being the northerly portion of TAX LOT 23): All that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City and State of New York, on the northwesterly side of West Broadway, formerly Laurens Street, between Spring and Broome Streets in the 8th Ward of the City of New York and known on a Map of property belonging to Estate of Thomas Starr, deceased, dated May 1827, made by Thomas R. Ludlam, C.S., conveyed to said David Robbins by Deed Liber 238 Cp 454 which is bounded and described as follows; BEGINNING at a point on the northwesterly side of said West Broadway being the southerly corner of said Lot No. 85; RUNNING THENCE northeasterly along the northwesterly side of West Broadway, 22 feet 4 inches more or less to the easterly corner of said brick house; RUNNING THENCE northwesterly at right angles to said West Broadway and in part along said brick house; and THENCE continuing in the same direction to the rear of the Lot, 100 feet; THENCE, southeasterly along the rear of the Lot and parallel with West Broadway, 22 feet 4 inches more or less to the westerly corner of said Lot No. 85; and RUNNING THENCE southwesterly at right angles to West Broadway, 100 feet to said northwesterly side of West Broadway being the point or place of BEGINNING. Excepting so much as has been taken by the City of New York for the widening of Laurens Street (formerly South 5th Avenue and now known as West Broadway). PARCEL B (Being the remaining portion of TAX LOT 23): ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of West Broadway, distant 115 feet 10 inches southerly from the corner formed by the intersection of the westerly side of West Broadway with the southerly side of Spring Street which point is at the northerly face of the northerly wall of the building on the premises herein described; RUNNING THENCE westerly along the northerly face of the northerly wall of the building on the premises herein described and on a line in continuation thereof nearly parallel with Spring Street, 75 feet; THENCE southerly parallel with West Broadway 24 feet 10 inches to a point in a line drawn in continuation of the southerly face of the southerly wall of the building on the premises herein described; THENCE easterly along said line and along the southerly face of the southerly wall of the building on the premises herein described nearly parallel with Spring Street, 75 feet to the westerly side of West Broadway; and THENCE, northerly along the westerly side of West Broadway, 25 feet to the point or place of BEGINNING. Part C ALL that lot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northerly side of 70th Street with the Westerly side of Madison Avenue; THENCE Northerly along the Westerly side of Madison Avenue, 100 feet 5 inches to the center line of the block between 70th and 71st Streets; THENCE Westerly parallel with the Northerly side of 70th Street and along said center line of the block, 21 feet; THENCE Southerly parallel with the Westerly side of Madison Avenue, 100 feet 5 inches to the Northerly side of 70th Street; THENCE Easterly along the Northerly side of 70th Street, 21 feet to the point or place of BEGINNING. Provided, however, that with respect to such retail licensee's interest in a business engaged in the manufacture or sale at wholesale of alcoholic beverages described in this subparagraph: (1) such interest shall have been acquired prior to the effective date of this subparagraph; (2) such retail licensee may not purchase alcoholic beverages directly from any such manufacturer or wholesaler; and (3) no more than fifteen percent of the annual dollar value of alcoholic beverages purchased by such retail licensee for sale on the premises may be produced by any such manufacturer. * NB There are 3 sbpar (xxiii)'s * NB Repealed upon certain provisions (see chapter 412 of 2024 § 2) * (xxiii) ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: Parcel A BEGINNING at the intersection of the southerly line of South Street, 135 feet wide, and the westerly line of Block 2 Lot 3; THENCE RUNNING the following seven (7) courses and distances:
- (1) Along said westerly line of Block 2 Lot 3, South 16 degrees 50 minutes 39 seconds East a distance of 145.30 feet to a point;
- (2) THENCE still along said westerly line of Block 2 Lot 3, North 73 degrees 09 minutes 21 seconds East a distance of 28.67 feet to a point;
- (3) THENCE still along said westerly line of Block 2 Lot 3, South 16 degrees 50 minutes 39 seconds East a distance of 419.26 feet to a point on the U.S. Pierhead Line approved by Secretary of War, February 25, 1918;
- (4) THENCE along said U.S. Pierhead Line, South 73 degrees 09 minutes 21 seconds West a distance of 317.76 feet to a point;
- (5) THENCE still along said U.S. Pierhead Line, South 87 degrees 11 minutes 44 seconds West a distance of 36.57 feet to a point on the easterly line of Block 2 Lot 1;
- (6) THENCE along the northerly line of Block 2 Lot 1, North 15 degrees 30 minutes 29 seconds West a distance of 555.84 feet to a point on said southerly line of South Street; and
- (7) THENCE along said southerly line of South Street, North 73 degrees 09 minutes 21 seconds East a distance of 311.61 feet to the point of BEGINNING. EXCEPTING THEREFROM the slips, and those certain portions of the ground floor as delineated on the diagrams annexed to the Sublease (i) with the cross-hatching on the schematic drawing of the ground floor depicted on page 1 of Annex 1 and (ii) with black shading or cross-hatching on the schematic drawing of Annex 2. Parcel B All that certain Lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Manhattan, County of New York, State of New York: Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the westerly side of Broadway and the southerly side of Morris Street; THENCE southerly along the westerly side of Broadway, 203 feet 1-3/4 inches Survey (203 feet 2-1/4 inches Deed more or less), to the northerly side of lands formerly belonging to Eve White; THENCE westerly along the northerly side of said lands formerly belonging to Eve White 201 feet 2 inches Survey (200 feet 8 inches Deed more or less), to the easterly side of Greenwich Street; THENCE northerly along the easterly side of Greenwich Street 231 feet 1-3/4 inch Survey (231 feet 1-3/4 inches Deed) to the southeasterly corner of Greenwich and Morris Streets; and THENCE easterly along the southerly side of Morris Street, 248 feet 2 inches Survey (248 feet 3 inches Deed) to the point or place of BEGINNING. Parcel C All that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of William Street and the southerly side of Wall Street; RUNNING THENCE easterly along the southerly side of Wall Street 198.11 feet to the corner formed by the intersection of the westerly side of Hanover Street and the southerly side of Wall Street; THENCE southerly along the westerly side of Hanover Street 52.33 feet to an angel point therein; THENCE southerly still along the westerly side of Hanover Street 88.34 feet to the corner formed by the intersection of the westerly side of Hanover Street and the northerly side of Exchange Place; THENCE westerly along the northerly side of Exchange Place 206.41 feet to the corner formed by the intersection of the northerly side of Exchange Place and the easterly side of William Street; THENCE northerly along the easterly side of William Street 76.79 feet to an angle point therein; THENCE northerly still along the easterly side of William Street 95.00 feet to the point or place of BEGINNING. THE ABOVE LAND HAVING ALSO BEEN DESCRIBED PURSUANT TO A SURVEY PREPARED BY EARL B. LOVELL- S.P. BELCHER ORIGINALLY DATED NOVEMBER 5, 1952 AS FOLLOWS: All that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of William Street and the southerly side of Wall Street; RUNNING THENCE easterly along the southerly side of Wall Street 197.94 feet to the corner formed by the intersection of the westerly side of Hanover Street and the southerly side of Wall Street; THENCE southerly along the westerly side of Hanover Street 140.78 feet to the corner formed by the intersection of the westerly side of Hanover Street and the northerly side of Exchange Place; THENCE westerly along the northerly side of Exchange Place 204.92 feet to the corner formed by the intersection of the northerly side of Exchange Place and the easterly side of William Street; THENCE northerly along the easterly side of William Street 171.76 feet to the point or place of BEGINNING. Parcel D ALL THOSE PARCELS of land situate in the Borough of Manhattan, City, County and State of New York, below a horizontal plane drawn at an elevation of 500 feet above the NAVD 88 datum level, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of East 42nd Street and the easterly side of former Depew Place (now closed and discontinued); THENCE RUNNING northerly along the said easterly side of former Depew Place, 340 feet 4 inches; THENCE RUNNING westerly and parallel with the northerly side of East 42nd Street, 394 feet 4 inches to a point on the easterly side of Vanderbilt Avenue, which point is distant 340 feet 4 inches northerly from the corner formed by the intersection of the northerly side of East 42nd Street and the easterly side of Vanderbilt Avenue; THENCE RUNNING southerly along the easterly side of Vanderbilt Avenue, 340 feet 4 inches to its intersection with the northerly side of East 42nd Street: THENCE RUNNING easterly along the northerly side of East 42nd Street, 394 feet 4 inches to the corner, the point or place of BEGINNING. Parcel E ALL that plot of land (the "Land"), together with the improvements thereon, in the Borough of Manhattan, County of New York, City of New York and State of New York, said Land being bounded and described as follows: BEGINNING at a point on the southerly side of 42nd Street distant one hundred twenty-five (125) feet westerly from the corner formed by the intersection of the southerly side of 42nd Street with the westerly side of Lexington Avenue; and running THENCE Southerly and parallel with Lexington Avenue ninety-eight (98) feet nine (9) inches; THENCE Westerly and parallel with 42nd Street fifty (50) feet to a point in the easterly line of premises conveyed by Pershing Square Building Corporation to The Bowery Savings Bank by deed dated January 4, 1921 and recorded in the Office of the Register of the County of New York on January 5, 1921 in Liber 3190 of Conveyances at Page 440; THENCE Southerly along the easterly side of said premises on a line at right angles to the southerly side of 42nd Street ninety-eight (98) feet nine (9) inches to the northerly side of 41st Street; THENCE westerly along the northerly side of 41st Street one hundred four (104) feet six (6) inches more or less to a point from which a line drawn northerly to the southerly side of 42nd Street and parallel with Park Avenue and at right angles with the northerly side of 41st Street would run through the center of the seventh row (reading easterly from Park Avenue) of column locations as shown by circular indications thereof upon map entitled: "State of New York, Transit Construction Commissioner, Engineering Department, Route Number 43, Section Number 1, Borough of Manhattan, Map or Plan showing property for resale east side of Park Avenue between East 41st Street and East 42nd Street, signed by D. L. Turner, Chief Engineer, dated February 4, 1920 (as revised May 25, 1920) and designated as drawing number 175, file number 3801", which map is annexed to the deed above mentioned; THENCE Northerly along said line one hundred ninety-seven (197) feet six (6) inches to the southerly side of 42nd Street; and THENCE Easterly along the southerly side of 42nd Street one hundred fifty-four (154) feet six (6) inches more or less to the point or place of BEGINNING. Parcel F ALL THAT CERTAIN plot, piece, or parcel of land, situate, lying and being in the Borough of Manhattan, New York County, City and State of New York, bounded and described as follows: BEGINNING at the comer formed by the intersection of the southerly line of West 61st Street with the easterly line of Riverside Boulevard, as shown on the City Map; RUNNING THENCE easterly, along to the southerly line of West 61st Street, 423 feet 6 inches to a point; THENCE southerly, at right angles to the previous course, 74 feet 3-1/8 inches; THENCE southwesterly, along a line forming an included angle of 169 degrees 40 minutes 47 seconds, 138 feet 7-3/4 inches; THENCE westerly, along a line forming an included angle of 100 degrees 19 minutes 13 seconds, 445 feet I 0-5/8 inches to a point on the easterly side of Riverside Boulevard; THENCE northerly, along the easterly line of Riverside Boulevard which forms an included angle of 80 degrees 23 minutes 47 seconds, 13 feet 0-1/4 of an inch to a point of curvature; THENCE northerly, along the easterly line of Riverside Boulevard on the arc of a circle curving to the right, having a radius of 1,548 feet 0 inches and an included angle of 4 degrees 41 minutes 14 seconds, 126 feet 7-5/8 inches to a point of tangency; THENCE northerly, along the easterly line of Riverside Boulevard, 76 feet 4 inches to the point of place of BEGINNING. Parcel G ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of West 50th Street and the easterly side of 12th Avenue; RUNNING THENCE northerly along the easterly side of 12th Avenue a distance of 100 feet 5 inches to a point on center line of the block between West 50th Street and West 51st Street; THENCE easterly along the center line of the block between West 50th Street and West 51st Street parallel with the northerly side of West 50th Street a distance of 100 feet to a point; THENCE southerly and parallel with the easterly side of 12th Avenue a distance of 100 feet 5 inches to a point on the northerly side of West 50th Street; THENCE westerly along the northerly side of West 50th Street a distance of 100 feet to the corner formed by the intersection of the northerly side of West 50th Street and the easterly side of 12th Avenue, the point or place of beginning. For Information Only: Premises being known as 678-682 12th Avenue a/k/a 637-641 West 50th Street New York, N.Y. and designated as Block 1098 Lot 11 as shown on Tax Map of the City of New York, County of New York. Parcel H ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, County of New York, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of East 61st Street with the westerly side of Madison Avenue; RUNNING THENCE westerly along the southerly side of East 61st Street, 150 feet; THENCE southerly and parallel with the westerly side of Madison Avenue, 100 feet 5 inches to the center line of the block between East 61st and 60th Streets; THENCE westerly along said center line of the block and parallel with southerly side of East 61st Street, 45 feet; THENCE southerly and parallel with the westerly side of Madison Avenue and part of the distance through a party wall, 100 feet 5 inches to the northerly side of East 60th Street; THENCE easterly along the said northerly side of East 60th Street, 100 feet; THENCE northerly and parallel with the westerly side of Madison Avenue and part of the distance through another party wall, 73 feet 5 inches; THENCE easterly and parallel with East 60th Street, 95 feet to the westerly side of Madison Avenue; THENCE northerly along the westerly side of Madison Avenue, 127 feet 5 inches to the point or place of BEGINNING. Parcel I ALL that certain plot, piece or parcel of land, with the building and improvements thereon erected, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Fifth Avenue and the northerly side of 59th Street; RUNNING THENCE northerly along the easterly side of Fifth Avenue 100 feet; THENCE easterly parallel with 59th Street 100 feet; THENCE northerly parallel with Fifth Avenue 5 inches; THENCE easterly parallel with 59th Street 25 feet; THENCE southerly parallel with Fifth Avenue 100 feet 5 inches to the northerly side of 59th Street; and THENCE westerly along the northerly side of 59th Street 125 feet to the point or place of BEGINNING. TOGETHER WITH the benefits of the easement for light and air recorded in Liber 5137 at Page 142. Parcel J ALL the following three parcels of land, together with the improvements thereon: PARCEL J-1 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Manhattan, County, City and State of New York, bounded and described as follows: BEGINNING at a point being the northwest corner of Broome and Laurens Street, as the said Laurens Street is now established by law as widened, being a point, distant 25 feet westwardly from the northwest corner of Broome and Laurens Street and measured from the old line thereof; RUNNING THENCE westwardly along the northerly side of Broome Street, 18 feet 6 inches; THENCE northwardly, parallel with Laurens Street, 80 feet; THENCE eastwardly, parallel with Broome Street, 18 feet 6 inches to the westerly line of Laurens Street, as the same is now established by law since the widening thereof; THENCE southwardly along the said westerly line of Laurens Street, 80 feet to the point or place of BEGINNING. THE said Laurens Street being now known as West Broadway. PARCEL J-2 ALL that certain plot, piece or parcel of land, with the building and improvements thereon erected, situate, lying and being in the Borough of Manhattan, County, City and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of West Broadway, formerly South Fifth Avenue, 80 feet northerly from the corner formed by the intersection of the westerly side of West Broadway, formerly South Fifth Avenue, and the northerly side of Broome Street; RUNNING THENCE northerly along the westerly side of West Broadway, 20 feet; THENCE westerly 67 feet 8 1/2 inches along the southerly side of Lot# 333 on map made by Commissioners in Partition of the Estate of Anthony Lispenard, deceased, to the rear of Lot #334 on said map; THENCE southerly along the rear of said Lot #334, 20 feet; THENCE easterly, 67 feet 7 3/4 inches to the point or place of BEGINNING. PARCEL J-3 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Manhattan, County, City and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Broome Street, distant 18 feet 6 inches westerly from the corner formed by the intersection of the northerly side of Broome Street and the westerly side of West Broadway, formerly South Fifth Avenue; RUNNING THENCE northerly parallel or nearly so with West Broadway, formerly South Fifth Avenue, 80 feet to land now or late of Randolph Brant; THENCE westerly along the same land and parallel or nearly so with Broome Street, 21 feet 9 inches; THENCE southerly parallel or nearly so with West Broadway and part of the distance through a party wall, 80 feet to the northerly side of Broome Street; THENCE easterly along the said northerly side of Broome Street, 21 feet 9 inches to the point or place of BEGINNING. Provided, however, that with respect to such retail licensee's interest in a business engaged in the manufacture or sale at wholesale of alcoholic beverages described in subdivision one-a of section one hundred one of this article: (A) such retail licensee may not purchase alcoholic beverages directly from any such manufacturer or wholesaler; and (B) no more than fifteen percent of the annual dollar value of alcoholic beverages purchased by such retail licensee for sale on the premises may be produced by any such manufacturer; provided however, alcohol sales related to events catered by the retail licensee shall not be attributed to the fifteen percent annual sales value determination. * NB There are 3 sbpar (xxiii)'s * NB Repealed upon certain provisions (see chapter 583 of 2024 § 3)
- (a-1) The provisions of paragraph (a) of this subdivision shall not apply to the holder of a retail on-premises consumption license issued for a premises located in the borough of Manhattan, city, county and state of New York, bounded and described as follows: Beginning at a point on the northerly side of 52nd Street, distant 375 feet westerly from the northwesterly corner of 52nd Street and Fifth Avenue; running thence northerly parallel with Fifth Avenue and part of the way through a party wall, 75 feet 5 inches; thence westerly parallel with the northerly side of 52nd Street, 11 feet 2-3/4 inches; thence northerly parallel with Fifth Avenue, 25 feet to the center line of the block; thence easterly along said center line of the block, 71 feet 2-3/4 inches; thence southerly parallel with Fifth Avenue and part of the way through a party wall, 100 feet 5 inches to the northerly side of 52nd Street; thence westerly along the northerly side of 52nd Street, 60 feet to the point or place of beginning. Provided, however, that with respect to such retail licensee's interest in a business engaged in the manufacture or sale at wholesale of alcoholic beverages described in subdivision 1-a of section one hundred one of this article: such interest must have been acquired prior to the effective date of the chapter of the laws of two thousand nineteen which added this paragraph; (ii) such retail licensee may not purchase alcoholic beverages directly from any such manufacturer or wholesaler; and (iii) no more than fifteen percent of the annual dollar value of alcoholic beverages purchased by such retail licensee for sale on the premises may be produced by any such manufacturer.
- (b) Any lien, mortgage or other interest or estate now held by said retail licensee on or in the personal or real property of such manufacturer or wholesaler, which mortgage, lien, interest or estate was acquired on or before December thirty-first, nineteen hundred thirty-two, shall not be included within the provisions of this subdivision; provided, however, 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.