· MONROE COUNTY CLERK'S OFFICE

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10340

Page 0001

BOX 14A SJT

No. Pages 0006

Instrument DEED-OTHER

Date 8/10/2006

Time 2:31:00

Control # 200608100785

CAPPA

DANIEL P

RSM IRONDEQUOIT BAY DEVELOPMEN T LLC

TRANS TAX FILE FEE-S FILE FEE-C FILE FEE-S FILE FEE-C REC FEE MISC FEE-C

Total:

TT#

TT 0000 000772

Employee ID

JMC40

MORTGAGE TAX
$ 14,860.00 MORTGAGE AMOUNT $ .00
$ 156.00
$ 9.00 BASIC MORTGAGE TAX $ .00
$ 19.00
$ 8.00 SPEC ADDIT MTG TAX $ .00
$ 18.00
$ 5.00 ADDITIONAL MTG TAX $ .00
$ .00
$ .00 Total $ .00
$ 15,075.00 STATE OF NEW YORK

MONROE COUNTY CLERK'S OFFICE

TRANSFER AMT

WARNING - THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE.

TRANSFER AMT $

3,715,000.00

TRANSFER TAX $

14,860.00

Cheryl Dinolfo Monroe County Clerk

1111111111111111111111111111111111111111111111111111111111II

D103400001

.... -- ..

WARRANTY DEED WITH LIEN COVENANT

THIS INDENTURE, made this 4th day of August, 2006

BETWEEN

1:> r;;'

Z: :J/

Daniel P. Cappa, an individual residing at 14 LaCroix Court, Rochester, NY 14622

PARTY OF THE FIRST PART, and

RSM IRONDEQUOIT BAY DEVELOPMENT LLC, a New York limited liability company, with an address at 197 West Main Street, Victor, New York, 14564

PARTY OF THE SECOND PART,

WITNESSETH that the party of the first part, in consideration of One and 001100 Dollar ($1.00) lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever,

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Irondequoit, County of Monroe and State of New York, being a part of Lots 25 and 26, Township 14, Range 7, more particularly bounded and described as follows:

Beginning at an iron pin set on the westerly shoreline of Irondequoit Bay, as the same existed in June of 1976, which said point marks the northeasterly corner of the premises nor or formerly of Ward's Natural Science Est. Inc.; thence (1) running southwesterly along the northerly boundary line of said premises now or formerly of Ward's, a distance of 54.94 feet to an iron pin marking a corner in said premises now or formerly Ward's thence (2) northwesterly along the easterly line of premises now or formerly of Ward's and forming an interior angle with course (1) herein of 90 degrees, a distance of 79,00 feet to an iron pin; thence (3) westerly along the northerly line of premises now or formerly of Ward's, forming an interior angle with course (2) herein of 256 degrees 38' 00" and passing through an iron pin distant 70.34 feet therefrom a total distance of 252.78 feet to an iron pin; thence (4) westerly, continuing along the northerly line of premises now or formerly of Ward's forming an interior angle with course (3) herein of 164 degrees 12' 30" a distance of 307.56 feet to an iron pin; thence (5) northerly forming an interior angle with course (4) herein of 97 degrees 34' 00", a distance of 115.56 feet to an iron pin set in the bed of Newport Road; thence (6) westerly along a line in or near the centerline of Newport Road, forming an interior angle with course (5) herein of 270 degrees, a distance of 82.76 feet to a P.K. nail; thence (7) northerly forming an interior angle with course (6) herein of 90 degrees 34' 00" and passing through an iron pin set in or near the northerly right of way line of Newport Rd., distant 26.75 feet distant therefrom (which said iron pin is distant 95.32 feet easterly from an angle point in the said northerly right of way line of Newport Road) and a second iron pin distant 40.56 feet from the latter and a third iron pin distant 123.92 feet distant from the latter, a total distance of 225.23 feet to a point on the southerly shoreline of Newport Cove, so called, as the same existed in June of 1976; thence running easterly and southerly the following (9) courses and distances along the southerly shoreline of Newport Cove and westerly shoreline of Irondequoit Bay as existed in June of 1976; thence (1) northeasterly forming an interior angle with course (7) herein of 103 degrees 46' 43", a distance of 156,30 feet to a point; thence (2) southeasterly forming an interior angle with the last hereinabove cou rse of 158 deg rees 19' 43", a distance of 217.18 feet to a point; thence (3)

Record and return to: Box 14A (SJT)

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southeasterly forming an interior angle with the last hereinabove described course of 171 degrees 25' 29", a distance of 117.42 feet to a point; thence (4) easterly forming an interior angle with the last hereinabove described course of 201 degrees 06' 26", a distance of 82.52 feet to a point; thence southeasterly forming an interior angle with the last hereinabove described course of 153 degrees 56' 57", a distance of 43.27 feet to a point; thence (6) southeasterly forming an interior angle with the last hereinabove described course of 152 degrees 22' 24", a distance of 45.53 feet to a point; thence (7) southeasterly forming an interior angle with the last hereinabove described course of 171 degrees, 23' 31", a distance of 85.84 feet to a point; thence (8) southerly forming an interior angle with the last hereinabove described course of 161 degrees 43' 20", a distance of 199.0 feet to a point; thence (9) southerly forming an interior angle with the last hereinabove described course of 157 degrees 50' 37", a distance of 71.24 feet to the point or place of beginning. The last hereinabove described course forms an interior angle with course (1) hereinabove of 119 degrees 06' 20". The premises herein conveyed being further described on Schedule "A" attached hereto and made a part hereof.

This conveyance is made and accepted subject to covenants, easements and restrictions of record affecting the above-described premises, if any.

Being and intending to convey the same premises conveyed to the party of the first part by Executor's Deed dated November 21, 1983 and recorded in the Monroe County Clerk's Office on November 22, 1983 in Liber 6430 of Deeds, page 283 and by Warranty Deed dated November 16, 1983 and recorded in the Monroe County Clerk's Office on November 22, 2983 in Liber 6430 of Deeds, page 309.

Tax Account No.: 077-16-1-2

Property Address: 500 Newport Road, Rochester, New York 14609

Tax Billing Address: 197 West Main Street, Victor, New York 14564

TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises,

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever.

AND the party of the first part covenants as follows:

FIRST, That the party of the second part shall quietly enjoy the said premises,

SECOND, That the party of the first part will forever WARRANT the title to said premises,

THIRD, the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.

The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.

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ii" _

IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written,

In presence of:

d~/~~L.s.

STATE OF NEW YORK) COUNTY OF MONROE) SS.:

On the '-I day o~t , in the year of 2006, before me, the undersigned, a Notary Public in an or said State, personally appeared Daniel P. Cappa personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her on the instrument, the individual, or the person upon behalf of which the

indivi al acted, execu e instrument.

AMY A. PANEPINTO NOTARY PUBLIC.! State of New YOtl< Reg. No. u2PA4923791 Qualified In Monroe County ill Commission Expires Feb. 22, 20

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SCHEDULE "A"

ALL THAT TRACT OR PARCEL OF LAND, situate in part of Town Lots 25 and 26, Township 14, Range 7, Town of Irondequoit, County of Monroe, State of New York, all as shown on a map entitled "Newport House-Instrument Location Map", prepared by Costich Engineering, P.C., having Drawing No. 224-01, dated October 25,2000 and last revised July 31,2006, and being more particularly bounded and described as follows: Beginning at the intersection of the northerly bounds of Newport Road and the easterly bounds of lands now or formerly owned by the Town of Irondequoit (T.A. #077.160-01-001); thence

1) N 030 57' 00" W, along said easterly bounds of the Town of Irondequoit, a distance of 195.95 feet to a point; thence the following twenty courses along Irondequoit Bay

2) N 74° 23' 00" E, a distance of 79.60 feet to a point; thence

3) N 58" 41' 00" E, a distance of 43.90 feet to a point; thence

4) N 76° 02' 00" E, a distance of 52.70 feet to a point; thence

5) N 85° 44' 00" E, a distance of 41.30 feet to a point; thence

6) N 88° 15' 00" E, a distance of 53.72 feet to a point; thence

7) S 70° 03' 00" E, a distance of 40.27 feet to a point; thence

8) S 82° 16' 36" E, a distance of 171.46 feet to a point; thence

9) S 89° 06' 35" E, a distance of 33.32 feet to a point; thence

10) N 8JO 33' 10" E, a distance of 32.87 feet to a point; thence

11) N 88049' 00" E, a distance of 34.26 feet to a point; thence

12) S 82° 17' 50" E, a distance of 6.98 feet to a point; thence

13) S 75° 59' 45" E, a distance of 37.90 feet to a point; thence

14) S 46° 11' 15" E, a distance of 39.67 feet to a point; thence

15) S 41 c 43' 55" E, a distance a distance of 92.95 feet to a point; thence

16) S 23° 13' 25" E, a distance of 44.42 feet to a point; thence

17) S 130 21' 05" E, a distance of 120.44 feet to a point; thence

18) S 15° 27' 30" E, a distance of 43.00 feet to a point; thence

19) S 2JO 3~' 00" W, a distance of 30.50 feet to a point; thence

20) S 11° 11' 00" W, a distance of 23.00 feet to a point; thence

21) S 080 10' 00" E, a distance of 25.53 feet to a point; thence

22) S 650 01' 30" W, along the northerly bounds now or formerly of Palmeri (Tax Account No. 077-160-01-041) and being designated as Lot 10 of Bay tree Subdivision, as shown on a map filed at the Monroe County Clerk's Office at Liber 274 of Maps, pages 9 and 10, a distance of 57.08 feet to a point; thence

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23) N 24° 58' 30" W, continuing along said northerly bounds of lands now or formerly of Palmeri and Bay tree Subdivision, a distance of 79.00 feet to a point; thence

24) S 78° 23' 30" W, continuing along said northerly bounds of lands now or formerly of Palmeri, and lands now or formerly of William and Sylvia Hollenbaugh (Tax Account No. 077.160-01-040) and designated as Lot 11 of Baytree Subdivision, a distance of 252.78 feet to a point; thence

25) N 85° 49' 00" W, continuing along said northerly bounds of Bay tree Subdivision, a distance of 307.56 feet to a point; thence

26) N 03° 23' 00" W, along the easterly bounds of lands now or formerly of Daniel P. Cappa (Tax Account Nos. 077.160-01-031.21 and 077.160-01-003) a distance of 97.31 feet to a point; thence

27) Continuing N 03° 23' 00" W along the aforesaid line, a distance of 24.75 feet to an existing railroad spike; thence

28) S 85° 37' 20" W, along the centerline of said Newport Road, a distance of 82.82 feet to a point; thence

29) N 03° 57' 00" W, a distance of 24.76 feet to the point and place of beginning.

Together with rights and benefits under a certain Easement and Agreement dated January 20, 1998 and recorded in the Monroe County Clerk's Office on March 4, 1998 in Liber 8979 of Deeds, page 40.

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