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TOWN OF IRONDEQUOIT

"Where the land and waters meet. " Est. 1839



May 2007

Recently some misinformation regarding the Newport Road Property has been shared. I would like to take this opportunity to set the record straight. First of all, the Town Supervisor does not have the authority to sell Town owned lands. There is a process that must be followed with the majority of the Town Board voting in the affirmative at a public meeting to declare property as surplus and sell it. In 1990, the Town Board which included; Councilman Deming, Enos, Pecor and Quinn along with Supervisor Lapple unanimously voted to convey a small portion of the Newport Road right of way to the owners of the Newport House. The right of way which was conveyed was located along the north side of the roadway and was sold because the road and other improvements themselves had been constmcted substantially outside the boundaries of the Town right of way. In return for the conveyance, the Town received a larger right of way to the south that captured the entire roadway and a sanitary pump station. In 1990, all the paperwork including the resolutions, deeds and real estate transfers were signed by Supervisor Lapple and the owners of the Newport House. The documents were then given to the Town Attomey to be filed in the County Clerk's Office but the filing of the paperwork never happened.

Then, in 1993 the Town Board unanimously and under the recommendation of the Commissioner of Public Works abandoned and sold the entire right of way mentioned previously to the owners of the Newport House. The abandonment and sale was recommended as the Commissioner said, "for a nominal sum in recognition of the savings the Town will realize by no longer having to maintain this section of roadway". With this transfer, the Town was also granted easements over the former right of way to access the sanitary pump station and also a tum around for snow plows. This time the deed for the right of way made it to the County Clerk's Office for filing but the easements did not.

Just prior to the sale of the Newport House in 2006, the issue of the deeds and easements that were never previously filed properly arose when a title and legal review was done for the property. The lack of properly filed documentation created a problem for the owners of the Newport House and the transaction could not be completed. The attorneys for the Newport property and the Town Attomey advised me that the unfiled documents needed to be resigned and dated then filed appropriately in the County Clerk's Office as originally intended. I was advised that if! did not sign these documents the Town would likely be sued since the property and easements were clearly approved and fmalized in 1990 and 1993.

To hear comments like the Supervisor sold the Newport land for $1.00 or that there was no public input solicited in 2006 brings into question my credibility and intentions. It puts a question in the mind of, anyone who hears this sensational allegation. All one needs to do is look at the deeds, Town Board resolutions, maps and other documents from the early 1990's to see that I not only acted appropriately but expeditiously to avoid any type of recourse against the Town for simple follow up work that was never completed in the early 1990's.

1280 TITUS AVENUE • ROCHESTER, NEW YORK 14617 • PHONE: (585) 467-8840

TOWN OF IRONDEQUOIT

"Where the land and waters meet. " Est. 1839 May 21, 1990 vf'00-5010

Gallo & Iacovangelo

Suite 400, Wegmans Building 80 West Main Street Rochester, New York 14614

Attn. Anthony M. Sortino Town Attorney

Re: Highway administration Abandonment of highway

A portion of NEWPORT ROAD Transfer papers

~t!tnselor:

losed are the originals of the ,following forms:

Tax affidavit (TP-584) - CAPPA to TOWN

Tax affidavit (TP-584) - TOWN to CAPPA Easement (sewer & highway) - CAPPA to TOWN Quitclaim deed - TOWN to CAPPA

These forms have been signed by Supervisor Lapple and are being returned to you for further processing.

Please return one fully executed copy to this office after filing with the County.

If we can be of further assistance, please advise.

Very truly yours,

73'-4g~

Bradley B. Upson Commissioner

Department of Public Works

BBU/mmd encs.

xc: W. Stephen Tierney

,,------ --- ----------

1280 TiTUS AVENUE, ROCHESTER, NEW YORK 14617, PHONE: (716) 467-8840

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QUITCLAIM DEED

This indenture, made the day of

Nineteen Hundred and Ninety betwee-n---

THE TOWN OF IRONDEQUOIT, a municipality organized under the laws of the State of New York, with an office and place of business located at 1280 Titus Avenue, Rochester, New York 14617,

party of the first part, and DANIEL P. CAPPA, having an office at 500 Newport Road, Rochester, New York 14622,

party of the second part,

WITNESSETH, that the party of the first part, in consideration of ONE AND NO/I00 DOLLAR ($1.00) lawful money of the United States, and other good and valuable consideration, paid by the party of the second party, do hereby grant and

. elease unto the party of the second part, his successors and ssigns forever,

,

ALL THAT TRACT OR PARCEL OF LAND situate in part of

, lwnship 14, Range 7, Town of Irondequoit, County of Monroe and ~~~~~ate of New York, all as shown on a map entitled "Map Showing ·~O.W. to be Dedicated and Abandoned", prepared by Charles J. C~stich, P.E., L.S., P.C., dated August 29, 1989, having drawing ;""",,,,,abmber 224-26 and being more particularly bounded and descr ibed follows:

Commencing from the southwest property corner of parcel having tax account number 077.160-01-002; thence

A. N 03° 57' 00" W, a distance of 24.75 feet to an
angle point; thence
B. N 85° 37' 20" E, a distance of 217.37 feet to an
angle point, said point being the point of beginning; thence
1. N 72° 44' 22"E, a distance of 332.49 feet to an
angle point; thence
2. S 17° 15' 40" E, a distance of 15.39 feet to an
angle point; thence
3. S 58° 46' 55" W, a distance of 66.63 feet to an
angle point; thence
4. S 77° 30' 19" W, a distance of 205.72 feet to an
angle point; thence 5. S 85° 37' 20" W, a distance of 66.44 feet to the point of beginning.

This conveyance is made and accepted subject to all public utility easements, easements, covenants and restrictions of record affecting said premises, if any.

Being and hereby intending to convey the same p~emises conveyed to the party of the first part by deed recorded in the

Monroe County Clerk's Office on ,19 ,in Liber

of Deeds, page __ •

The consideration for this transfer is less than

$100.00.

Tax Account No.:

Tax Mailing Address:

500 Newport Road Rochester, New York 14622

rights ~party

Together with the appurtenances and all the estate and of the party of the first part in and to said premises.

To have and to hold the premises herein granted unto the of the second part, his successors and assigns forever.

And said party of the first part covenant as follows:

FIRST. That the party of the second part shall

ietly enjoy the said premises.

SECOND. That, in compliance with Sec. 13 of the Lien , w, the grantors will receive the consideration for this ~~~,~onveyance and 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.

IN WITNESS WHEREOF, the party of the first part have hereunto set their hands and seals the day and year first above written.

IN PRESENCE OF

THE TOWN OF IRONDEQUOIT

BY: ?r-eAM1L (J~~

. ~ ",

~ ~:~:--" .". '.'._-. ",

STATE OF NEW YORK ) COUNTY OF MONROE ) SS:

On this the day of , 1990, before me

personally came , to me personally known, who,

being duly sworn, did depose and say that he resides in

Irondequoit, New York, that he is the of THE

TOWN OF IRONDEQUOIT, the municipality described in, and which executed, the within Instrument and that he signed his name thereto by order of the Board of Directors of said municipality.

Notary Public

DA

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... CAS5AIIA rtn.\IO-DI-DOl

NOJ~7]~·_W 22~O~.7~O~·

N/F

DNOEl. P. CAPPA 0".'I0-0I-002

N/F

DANIEL P. CN'f'A D".11O-01-002:

I I

PREPARED BY

CHARLES J. COSTICH P.E •• LS •• P.C.

A MAP $HOllING PROPERTr Of DANIEL P. CAPPA, BONG PART Of TOWN LOts 25 AND 211, TOIIIISHIP 14, RANG[ 7, TOIIII Of IRONDEQUOIT, COUNTr Of MONRO£. $TAlE Of NEW "YORK, DAlEO FEBRUARY .. 111111.

MAP Oln1L£ll, "NE1IPORT HOUS£-S1lE AND U1VJTr Pu.N", PREPAR£D BY QWU.ES ... COSnCH. P.£..Ls.,P.c., DAlEO AllGU$T 1II1II, HAIlING DRAIIING NUMBER 22 .... 22.

~~r-"'---r-r-I "1;:;;:;;;;:;::;:::;::;;:;4:::;

D 8/29/89

QUITCLAIM DEED This indenture, made the . ~J day of Au'j()'?r

, 2006 between

THE TOWN OF IRONDEQUOIT, a municipality organized under the laws of the State of New York, with an office and place of business located at 1280 Titus Avenue, Rochester, New York 14617,

party of the first part, and

DANIEL P. CAPPA, having an office at 500 Newport Road, Rochester, New York 14622,

party ofthe second part,

WITNESSETH, that the party of the first part, in consideration of ONE AND NOll 00 DOLLAR ($1.00) lawful money of the United States, and other good and valuable consideration, paid by the party of the second party, do hereby grant and release unto the party of the second part, his successors and assigns forever,

ALL THAT TRACT OR PARCEL OF LAND situate in part of Township 14, Range 7, Town of Irondequoit, County of Monroe and State of New York, all as shown on a map entitled "Map Showing R.O.W. to be Dedicated and Abandoned", prepared by Charles J. Co stich, P.E., L.S., P.C., dated August 29, 1989, having drawing number 224-26 and being more particularly bounded and described as follows:

Commencing from the southwest property corner of parcel having tax account number 077 .160- 01-002; thence

A. N 03° 57' 00" W, a distance of 24.75 feet to an angle point; thence

B. N 85° 37' 20" E, a distance of217.37 feet to an angle point, said point being the point of beginning; thence

1. N 72° 44' 22" E, a distance of 332.49 feet to an angle point; thence

2. S 17° 15' 40"£, a distance of 15.39 feet to an angle point; thence

3. S 58° 46' 55" W, a distance of 66.63 feet to an angle point; thence

4. S 77° 30' 19" W, a distance of205.72 feet to an angle point; thence

5. S 85° 37' 20" W, a distance of 66.44 feet to the point of beginning.

This conveyance is made and accepted subject to all public utility easements, easements, covenants and restrictions of record affecting said premises, if any.

Being and hereby intending to convey the same premises conveyed to the party of the first part by

deed recorded in the Monroe County Clerk's Office on , 19 , in Liber

of Deeds, page __ .

The consideration for this transfer is less than $100.00.

Tax Account No.:

Tax Mailing Address: 500 Newport Road Rochester, New York 14622

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, his successors and assigns forever.

And said party of the first part covenant as follows:

FIRST.

That the party of the second part shall quietly enjoy the said premises.

SECOND. That, in compliance with Sec. 13 of the Lien Law, the grantors will receive the consideration for this conveyance and 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.

IN WITNESS WHEREOF, the party of the first part have hereunto set their hands and seals the day and year first above written.

IN PRESENCE OF

THE TOWN OF IRONDEQUOIT

B7f,ff~E1& ~

;( ~IV l-/et~~

S'rtViSoY

STATE OF NEW YORK) COUNTY OF MONROE)

fA. 11

On this the L day of &7 t:S r , 2006, before me personally came

(JJItfy flkl\> lieW"4# ,to me personally known, .who, being duly sworn, did depose and say that he resides in Irondequoit, New York, thatrhe is the .f'!t"'~U SW' of THE TOWN OF IRONDgQUOIT, the municipality described in, d which executed, the within Instrument and thatshe signed tiff name thereto by order of the Board of Directors of said municipality.

,

~~

ss:

MICHELLE SIMMONS

Notary Public, State of New York Qualified in Monroe County D Commission Expires July 27. 20 jQ

-',

TOWN OF IRONDEQUOIT

"Where the land and waters meet." Est. 1839 M9--- 21, 1990 ~0-S010

Woods, Oviatt, Gilman, Sturman & Clarke 44 Exchange Street

Rochester, New York 14614

Attn. W. Stephen Tierney Attorney

Re:

Highway administration Abandonment of highway

A portion of NEWPORT ROAD Orders and filings

f-\ .. .....,

L..:::,:"""""", Counselor:

rzz:»;

~Enclosed are copies of the Superintendents Order and 208 t:J c:\relating to the abandonment of a portion of NEWPORT ROAD ~Town of Irondequoit.

filing in the

These forms are being sent you for your information.

If we can be of further assistance, please advise.

Very truly yours,

1S~ ff)t=-----

Bradley B. Upson Commissioner

Department of Public Works

BBU/mmd encs.

xc: Town Attorney Sortino

1280 TITUS AVENUE, ROCHESTER, NEW YORK 14617, PHONE: (716) 467-8840

TOWN OF IRONDEQUOIT

"Where the land and waters meet." Est. 1839

March 31, 1990 100-5010

ORDER OF THE TOWN SUPERINTENDENT OF HIGHWAYS

Re: Highway administration Discontinuance of highway A portion of NEWPORT ROAD Section 207 filing

The undersigned, Bradley B. Upson, Superintendent of Highways of the Town of Irondequoit, County of Monroe, New York State, hereby determines:

1. That the portion of Newport Road described in the Section 208 filing dated March 31, 1990 is unnecessary for highway purposes~ and

2. That said portion is not wi thin the limits of an incorporated village~ and

3. That this portion to be discontinued is less than one thousand feet in length (332.49 feet)~ and

4. The owners of lands on both side of such highway, for the distance it is proposed to be discontinued, have requested such discontinuance by written petition.

Now, therefore, pursuant to section 207 of the New York State Highway Law, it is directed and ordered that the described portion of Newport Road is discontinued and abandoned for public purposes.

In witness whereof, the undersigned Superintendent of Highways has executed the certificate.

By order of

Witness:

_~/~

Bradley B. Upson Superintendent of Highways Town of Irondequoit

C ;~ORI" P. E UJ 1'; U:

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1280 TITUS AVENUE, ROCHESTER, NEW YORK 14617, PHONE: (716) 467-8840

~ .

TOWN OF IRONDEQUOIT

Department of Public Works

Page 2 __

March 31, 1990 100-5010

ORDER OF THE ~OWN SUPERINTENDENT OF HIGHWAYS

Re: Highway administration Discontinuance of highway A portion of NEWPORT ROAD Section 207 filing

Consent of Town Board

The undersigned members of the Irondequoit Town Board, constituting a majority of said Board, have consented (pursuant to Section 171 of the New York State Highway Law) to this order, and the filing

~ and recording thereof. <--/ /' ", " .." ~ ; (/,

~ "A' 1,_ ~/.u~} ~" - %

,/ Fredrick W. La Ie

~ Town Supervisor

Approved as to form

Donald Deming Town Board Membe

er

d

/1/ ~

heter C. Pecor

Town Board Member

Filed and recorded in the Town Clerk's office of the Town of Irondequoit, County of Monroe, New York

{CZ~~

E. Ann Lon-g Town Clerk

./y/I fi Cj 0

date

Robert H. Quinn, Jr. date Town Board Member

TOWN OF IRONDEQUOIT

"Where the land and waters meet." Est. 1839

March 31, 1990 100-5010

SECTION 208 FILING

Re: Highway Administration Abandonment of highway

A portion of NEWPORT ROAD Written Description

Pursuant to Section 207 of New York State Highway Law the Town Superintendent of Highways has made and entered an order discontinuing Newport Road as a public highway.

"-",.,a;:.ne following is a wri ten description of that portion of the --~~~'ghway that has been discontinued:

NEWPORT ROAD

All those tracts or parcels of land situate in part of Township 14, Range 7, Town of Irondequoit, County of Monroe, State of New York, all as shown on a map entitled, "Map Showing R.O.W. to be Dedicated and Abandoned II , prepared by Charles J. Costich, P.E. ,L.S. ,P.C., dated August 29, 1989, having drawing number 224-26 and being more particularly bounded and described as follows:

Commencing from the southwest property corner of parcel having tax account number 077.160-01-002; thence

A. N 03 -57'-00" W, a distance of 24.75 feet to an angle point; thence

B. N 85 -37'-20" E, a distance of 217.37 feet to an angle point, said point being the point of beginning; thence

1. N 72 -44'-20" E, a distance of 332.49 feet to an angle pOint; thence

2. S 17 -15'-40" E, a distance of 15.39 feet to an angle point; thence

3. S 58 -46'-55" W, a distance of 66.63 feet to an angle point; thence

4. S 77 030'-19" W, a distance of 205.72 feet to an

1280 TITUS AVENUE, ROCHESTER, NEW YORK 14617, PHONE: (716) 467-8840

..

+: ,

TOWN OF IRONDEQUOIT

Department of Public Works

Page --=2 __

March 31, 1990 100-5010

SECTION 208 FILING

Re: Highway administration Abandonment of highway

A portion of NEWPORT ROAD Written Description

5. S 85 -37' -20" W, a distance of 66.44 feet to the point of beginning.

~.pursuant to Section 208 of New York State Highway Law said ~~shall be and become duly abandoned and discontinued for r;:) purposes upon filing and recording of this description ~~office of the Town Clerk.

highway highway in the

By Order of

@§Witness,~~

2&..~--

GV}RIA BELLANCA

~l • '.' l.-, Y PU&LIC. Stat. 01 N.Y. I" '0<. co .... t)' R.iI. '451~34 "'r '0_1,,1 ... e.pl... *'"

JD-$/-"ll

Superintendent of Highways Town of Irondequoit, County of Monroe, New York

form

Filed and recorded in the Town Clerk's Office of the Town of Irondequoit, County of Monroe, New York

Date

TOWN OF IRONDEQUOIT

Department of Public Works

Page _~2,-- _

December 21, 1993

REPORT TO THE SUPERVISOR AND TOWN BOARD

Re: Highway administration Discontinuance of highway A portion of NEWPORT ROAD Town Board consent

This abandonment is advantageous to the Town as it relieves the Town of maintenance for this section of road. Snow removal and ice control on this hilly section are especially time consuming and costly. The hammerhead turnaround will provide an adequate area for Town plows to turn around without having to go down the hill.

I hereby request that the Board consent to this order to discontinue and abandon this portion of Newport Road. I recommend that the abandoned portion be conveyed to Mr. Cappa for a nominal sum in recognition of the savings the Town will realize by no longer having to maintain this section of roadway.

Attached to this report is a draft of a proposed resolution the Board may use to consent to this action. Also attached, for your

I

information, is a draft copy o~ the order the Board will have to

sign if it so consents, a copyi of the Section 208 filing of the legal discription of the abandohed area, as well as a copy of the petition, maps and legal descri~tions submitted by the petitioner.

I await your pleasure on this abandonment.

Respectfully submitted

.>: /J.e~fff

Edward A.-Purdell -~~(

Commissioner

Department of Public Works

EAP/ejk attachments

xc: Town Attorney Sortino Town Clerk Palmiere Town Planner Mago

Resolution No. 93 - 118

EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING RESOLUTION CONSENTING TO "THE ABANDONMENT OF DISCONTINUANCE OF

A PORTIOH OF HEWPORT ROAD

At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York held at the Town Hall, 1280 Titus Av.nue, in said T~wn of Irondequoit, on the 21st day of December, 1993 at ':00 P.M. local time; there were

PRESENT:

Fredrick W. Lapple Daniel L. Aureli Donald A. Deming Christopher J. Enos John J. Luken

Town Supervisor Town Board Member Town Board Member Town Board Member Town Board Member

Anthony M. Sortino

Attorneys for Town

Town Board member __ ".;;.;A;.;;u;;;r;..;;e:;.;l;;.;l.;;;.· offered the following

resolution and moved it's adoption:

WHEREAS, the only adjoining property owner has petitioned the Town Superintendent of Highways to discontinue and abandon a "dead end" portion of Newport Road; and

WHEREAS, the petitioner has agreed to grant easements for the maintenance of a sanitary forcemain, a sanitary pump station, and a water main; and

WHEREAS, the petitioner has agreed to construct a "hammerheadn turnaround at the end of the remaining dedicated portion of Newport Road; and

WHEREAS, this abandonment will relieve the Town of the difficult maintenance responsibilities on a steep section of roadway which serves only the petitioner's place of business; and

WHEREAS, Edward A. Purdell, Town Superintendent of High~ays, has determined that this portion of Newport Road is unnecessary for highway purposes and has ordered its discontinuance pursuant to Section 207 of New York State Highway Law; and

WHEREAS, Section 171 .of said Highway law requires the written consent of the Town Board:

Page 2

Resolution No. 93 - 118

ROW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Irondequoit, Monroe County, New York State hereby consents to the discontinuance and abandonment of that portion of Newport Road described in the Order of the Town Superintendent of Highways dated

December 21, 1993. -

BE I~ FUR~HER RESOLVED that this abandoned portion of roadway is to be transferred to the petitioner for a nominal sum in recognition of the savings which the Town will realize due to its relief from the difficult maintenance responsibilities associated with this section of roadway.

This resolution shall take effect immed~a~ely upon it's adoption.

Seconded by Town Board member Lapple and duly put

to vote, wh ieh re suI ted as fo l::-l~o-w---'s=-:=-----------

Town Supervisor Lapple voting
Town Board Member Aureli voting
Town Board Member Deming voting
Town Board Member Enos voting
Town Board Member Luken voting Aye

Aye

Aye

Aye

Aye

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5
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8
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~ TOWN OF IRONDEQUOIT

LOCATION SKETCH

NOT TO SCALE

GRAPHIC

r.JjF Ol'NlEL P. CAPP."

TAX ACCOllNT ti 077.160-01-· ().:;1.Z1O

( IN FEET.

I inch ",= 80

ft.

N/~

-49.0' R.O.W.

N03"57:'d(j"W~

10.93' -,

POINT OF BEGINNING llIRNAR9L1ND F.:ASEMENT---'

r--:-' N IF- _. -

DANIEL P. CAPPA:

I T.A.II 077 F$O-O·I-OO.~ •

I

N'oY23'OO"W

112.38'

POINT OF COMMEN(;(MENT~

NjF

JOSEPH CA'5SARA TAft 077 160-·01-004

TURNAROUND EASEMENT

. - -

1 NOY57'OO"W 25.09'

2 N81'06'20"E 48.68'

3 N8S'50'27"E

4 t.:, == 90'00'00" R ::: 22.:.0'

L ~-.: 35.34;

3.3.18'

N8'j'SO'27"E 20.00'

S04"09'3.3"[ 70.00'

S85'50'27"W 30.00'

t:.. = 90'00'00"

H = 22.50'

L = .35.34' S85-S0'27"W :S81'06 '20"W

22.'15' 49.81'

"Oniy copies from the original of this SUI'''''')' mor/,ed with a''' (,origin.)1 of the

. land sur'leyar's I'..mbos··,ed sea! shoil be considered til be /) voiid true copy.·

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077.160-01-(0),

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TAX ACC(lUN r #

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TOWN:

IROiVDEQUOIT

MO.tVROE

DATE:

10/18,/93

COST/Cfi PE,

SC.4,lE:

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