Selling Quality Commerical Property

Hi-Traffic Route 20

Westfield, NY

TERMS AND CONDITIONS OF SALE

REAL PROPERTY LOCATED AT 

7566 EAST MAIN ROAD, TOWN OF WESTFIELD

COUNTY OF CHAUTAUQUA, STATE OF NEW YORK,  

IDENTIFIED AS TAX PARCEL SECTION 193.10  BLOCK  2 LOT 5, 3.1 & 7.1

WILL BE OFFERED FOR SALE AT PUBLIC AUCTION

ON WEDNESDAY, JULY 17, 2019  BIDDING TO BEGIN AT 6:00 PM

The auction will be held on location at the property. 

Auction Parcel:

Approximately .9 +/- acres of with approx. 231’ road frontage on East Main Road with a house and retail/commercial pole building.  Zoned Commercial.

(1.)  This property is being offered for sale “AS IS, WHERE IS”, with no guarantees or warranties of any sort, either actual or implied, including but not limited to the septic/sewer, water system, plumbing, heating, electrical, interior and exterior of all buildings, any fixtures, and the land. The Purchaser will pay for a Chautauqua County health department septic and water test at closing and will pay for any and all repairs or updates if required by Chautauqua County. There are 2 septic systems on this property one for each structure.

(2.) All property boundaries are approximate, and no guarantees of any kind are given with respect to the acreage shown on tax maps or referred to in any existing deeds, surveys, or sale literature. If a land survey is required or desired, it is the responsibility of Purchaser’s to order and pay for prior to closing. 

(3.)  Prospective Purchasers are responsible for inspecting the property, being knowledgeable about its physical condition and any existing zoning regulations, leases, easements, rights of way, or other restrictions regarding its use, and understanding closing costs and fees, PRIOR TO THE AUCTION. 

(4.)  The sale will be subject to the approval of the Seller within 48 hours of the auction. The Seller reserves the right to accept or reject any and all bids, for any reason whatsoever.

(5.)  The successful high bidders will immediately sign a Contract for Sale of Real Property and will place a deposit of $ 5,000.00 in the form of cash or good check with Mike Peterson Auction & Realty Service to be held in their escrow account until closing.  

(6.)  The deposit will NOT be refunded if the sale is not completed due to the default of the Purchasers for any reason and therefore will be forfeited to the seller.

(7.)  The deposit WILL be refunded in full to the Purchasers if the sale is not completed due to the default of the Seller for any reason.

(8.)  The BALANCE will be due AT CLOSING, ON OR BEFORE September 17, 2019. POSSESSION will be granted at closing.

 (9.)  The Seller shall furnish a WARRANTY DEED to the Purchaser, free and clear of any liens or encumbrances, subject to any leases, easements, rights of way, or deed restrictions of record. All sellers’ oil, gas, mineral, & timber rights will be conveyed to the purchasers at time of closing.

(10.)  CLOSING COSTS - The Seller will pay for the Title Search update. Purchaser’s will pay for Revenue Stamps, TP 584 Filing Fee, Deed Recording Fee, RP5217 Filing Fee, and any costs in obtaining financing. Each will pay own attorney fees.

(11.)  ALL PROPERTY TAXES will be PRORATED as of the CLOSING DATE.  

(12.)  Seller and/or Auctioneer reserve the right to cancel the auction for any reason prior to set auction date.

(13.) Michael W. Peterson is acting only as Sales Agent for the Seller, and has no personal interest in the property.  

     ANY  ANNOUNCEMENTS  MADE  BY  THE  AUCTIONEER  ON  THE  DAY  OF  THE SALE  WILL  TAKE  PRECEDENCE  OVER  ANY  PRINTED  MATERIAL.

     THE SELLER AND HIS SALES AGENTS WILL NOT BE HELD RESPONSIBLE FOR ANY ACCIDENTS SHOULD THEY OCCUR BEFORE, DURING, AFTER, OR BECAUSE OF THE AUCTION.

SELLER: Mitchell J and Margaret M Fitzgibbon

                 6928 Quillam Road

                 Westfield, New York  14787

ATTORNEY: Dana Lundberg (716) 664-2346

                        202 West Fourth Street

                        Jamestown, New York 14701

BROKER:      Michael W. Peterson, Mike Peterson Auction and Realty Service 

                       164 Ivory Street, Frewsburg, New York 1473

                       Telephone:  716-665-0668             Fax:  716-661-9629

                       E-mail: peteauction@hotmail.com   Web Site:  www.petersonauction.com  

PROPERTY DESCRIPTIONS 

Location: 7566 East Main Road, Westfield, New York 14787

TAX PARCEL: Section  193.10   Block  2  Lot  5

                          Deed Book  2019   Deed Page  2396   Date  3/28/2019

FULL MARKET VALUE: $ 105,263.00

TOTAL TAXES: $  5,461.60           County/Town  $ 3,355.59

                                                           School  $ 2,106.01

SCHOOL DISTRICT: Westfield

ALL MEASUREMENTS ARE APPROXIMATE

LAND:  .9 +/- acres with 231’ of road frontage on East Main Road.  Zoned Commercial

Office Building: (built 1999 w/ 825 sq ft Living Space) (ADA Handicap accessible)

HEATING: Forced air electric furnace w/ central air 

ELECTRICAL: 200 amp w/ breakers, village electric 

SEPTIC:  private

WATER: village water and well currently not in use

HOT WATER HEATER: 30 gln electric

ROOF: shingle

SIDING: vinyl

INSULATION: Batts

WINDOWS: Thremopane

FOUNDATION/PARTIAL BASEMENT: block

SECURITY SYSTEM

1st Floor: (has washer & dryer hookups)

KITCHEN: wood cupboards 

OFFICE

FULL BATHROOM

RECEPTION AREA

28’ x 54’ RETAIL POLE BUILDING: (built 2017) (ADA Handicap accessible)

HEATING: Reznor natural gas furnace, electric Mitsubishi split- heat pump/air conditioner

ELECTRICAL: 100 amp w/ breakers

SEPTIC: private

WATER: village

HOT WATER HEATER: 20 gln electric

ROOF: shingles

SIDING: vinyl

INSULATION: spray foam

WINDOWS: thermopane

FOUNDATION: block w/ crawl space

BATHROOM: toilet & sink

SECURITY SYSTEM

SUBFLOOR NO FINISH COVER

Both share outside LED lighting and paved parking lot. Both are ADA handicap accessible.