Real Estate Auction

Retirement Liqudation / Busti Cider Mill

Selling 22 Acres in 3 Lots

LOT # 1

Approximately 3.5+/- acres of land Barn & Mill building with approximately 677’ road frontage on Southwestern Drive and approximately 315’ road frontage on Orr Street (Does not include equipment in Mill Building). Buyer of this lot will have first option to buy equipment in Mill Building. Oil & Gas rights same as lot 3 (No gas well on this property)

LOT # 2

Approximately 11+/- acres of vacant land, gas well, approximately 170’ road frontage on Southwestern Drive with a 50’ right of way access to Orr Street.  Seller will retain Oil & Gas rights as well as the right to maintain the line to house across Southwestern Drive and receive free gas from well located on lot #2 for their lifetimes. 6 months after Sellers’ demise, all oil & gas rights will revert to the landowners of record. Free gas allotment will be granted to landowner of gas wells location. (Gas well on this property)

LOT # 3

Approximately 7.5 acres of vacant land with approximately 460’ road frontage on Orr Street. Oil & Gas rights same as lot 3 (No gas well on this property)

TERMS AND CONDITIONS OF SALE

REAL PROPERTY LOCATED AT

SOUTHWESTERN DRIVE, TOWN OF BUSTI,

COUNTY OF CHAUTAUQUA, STATE OF NEW YORK, 

IDENTIFIED AS ALL OF TAX PARCELS: SECTION 420.00 BLOCK 2

 LOTS 23.1, 34.1, 34.2,

WILL BE OFFERED FOR SALE AT PUBLIC AUCTION

ON TUESDAY, JULY 30, 2019. BIDDING TO BEGIN AT 6:00 PM

The auction will be held on location at the property.

Preview 2 hours prior to auction or by appointment

Auction Parcels:

LOT#1: All of Tax Parcel 420.00-2-34.2

              Part of Tax Parcel 420.00-2-23.1

              Part of Tax Parcel 420.00-2-34.1

Approximately 3.5+/- acres of land with approximately 677’ road frontage on Southwestern Drive and approximately 315’ road frontage on Orr Street with a barn/storage building and Mill Building. (Does not include equipment in Mill Building)

LOT#2: Part of Tax Parcel 420.00-2-34.1

Approximately 11+/- acres of vacant land, gas well, approximately 170’ road frontage on Southwestern Drive with a 50’ right of way access to Orr Street.

LOT#3: Part of 420.00-2-23.1

Approximately 7.5+/- acres of vacant land with approximately 460’ road frontage on Orr Street.

(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 existence of a septic/sewer system, water system, plumbing, heating, electrical, interior and exterior of all buildings, any fixtures, and the land. If required, 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 is a septic system, but it is not approved.

(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. A land survey is required prior to closing and it is the responsibility of Purchaser or Purchasers 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.  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 $3,000.00 per auction parcel 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 deposits 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 deposits 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 30, 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 timber and mineral rights will transfer at closing. Seller will retain Oil & Gas rights as well as the right to maintain the line to house across Southwestern Drive and receive free gas from well located on lot #2 for their lifetimes. 6 months after Sellers’ demise, all oil & gas rights will revert to the landowners of record. Free gas allotment will be granted to landowner of gas wells location. 

(10.)  CLOSING COSTS - The Seller will pay for the Title Search update. Purchaser 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 APPORTIONED AND 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.

SELLERS:   Robert A. Shultz and Andy L. Schultz

                     1136 Southwestern Drive

                     Jamestown, New York  14701

ATTORNEY: Paul Webb III

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

                       164 Ivory Street, Frewsburg, New York 14738

                       Telephone:  716-665-0668

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

PROPERTY DESCRIPTION 

Location: Southwestern Drive, Jamestown, New York  14701

TAX PARCEL NUMBER:    Section 420.00  Block 2  Lot 34.1                          

FULL MARKET VALUE:   $ 25,000.00

2019 TAXES:  Total: $ 826.03                     School : $ 496.62

                                                       Town & County :  $ 329.41

TAX PARCEL NUMBER:   Section 420.00  Block 2  Lot 34.2

FULL MARKET VALUE:  $ 8,500.00

2019 TAXES:  Total: $ 280.86                   School:   $ 168.85

                                                      Town & County:  $ 112.01

TAX PARCEL NUMBER:   Section  420.00  Block  2  Lot 23.1

FULL MARKET VALUE:  $ 14,800.00

2019 TAXES:  Total:  $ 162.48                   School:  $ 88.00

                                                      Town & County:  $ 74.48

SCHOOL DISTRICT: Southwestern District 

ALL MEASUREMENTS ARE APPROXIMATE

LOT # 1

All of Tax Parcel 420.00-2-34.2

Part of Tax Parcel 420.00-2-23.1

Part of Tax Parcel 420.00-2-34.1

Approximately 3.5+/- acres of land with approximately 677’ road frontage on Southwestern Drive and approximately 315’ road frontage on Orr Street (Does not include equipment in Mill Building)

MILL: Overall: 20’ X 32’  : Main Room: 20’ x 32”, Side Room 14’ x 20’

Has concrete floor, two stories, partial basement is field stone walls, heats with natural gas and water well

BARN/STORE AREA: 12’ X 20’: forced air furnace that heats with natural gas, has water well, small bathroom, three mixed levels w/ concrete floor, wood floor, barnboard wall

LOT # 2

Part of Tax Parcel 420.00-2-34.1

Approximately 11+/- acres of vacant land, gas well,  approximately 170’ road frontage on Southwestern Drive with a 50’ right of way access to Orr Street.  Seller will retain Oil & Gas rights as well as the right to maintain the line to house across Southwestern Drive and receive free gas from well located on lot #2 for their lifetimes. 6 months after Sellers’ demise, all oil & gas rights will revert to the landowners of record. Free gas allotment will be granted to landowner of gas wells location.

LOT # 3

Part of 420.00-2-23.1

Approximately 7.5 acres of vacant land with approximately 460’ road frontage on Orr Street.