522
~
) ,
RECEfVED
FEB 12 19811
.
ZONING BOARD OF APPEALS
TO\VN OF WAPPINGER
"ACTION ON APPEAL
Appeal No.. 522
DatedF~uarv 11. 1981
~
: EL\INE H. SHOWDEH .
Appellant .d.oh~..~_:._..~_..~~!.~L!l...S?!!.~..~~~~............_........_ Address...._..!~....9.~~.... L~=-~
_...__._W,~.e:e.i-.:p,.g,~~.s ..1. a~.* .@.L.J{.,.X..L-l~..?~_Q..._......_---._._:"'...___.............__....._. ..
-..
At a meeting of the Zoning Board of Appeals on ...._.....:f.~b-*..u~y;...lQ.th..................._...._.....___) 19..e.J.....,
Appeal No..522................ was considered and the Eollowing action on the request Ear: Kl A VARIANCE,
o A SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE,
o AN APPEAL AS AN AGGRIEVED PERSON(S), was taken:
I. V ARlANCE: By resolution of the Board, it was determined that strict appliacion of the Ordinance
I[J would B-WooklofWt produce undue hardship for these reasons:
a. The property in question g~ [iJ would not yield a. reasonable return if limited to the
use permitted under the Ordinance, because: ._........._......................_.. ..
.....'-'... ".
I In......-.....-_.._-..-.....r
-..--.--....-.......-...........-....
."." ""f' . .'"!'" :
-. '... '.
. ~ ..
;.
b.' The hardship created 0 is 0 is not unique and 0 would 0 would not be shared by all
- properties alike in the vicinity of the property and in the same use district, because: __
.._._.__....__....__.___..._.......____...............__....._.___._....._........................_.._.....___ I
-.--..-.-..--.-.---....--........-..-....;;..........-.........-......-........................................-........---.--~"
c. .The variance 0 would D. would not change the character of the <1istrict, because: ._..__
.- . -_.-....-.._._-_..-.~_..__...._.....-........_...__......... :................................................--.......--...---.
..-........-........---...-......--.......-".....-.....-...........-.--........-...-.....................................-.........-.-.-..-....---
.. !....--=--
Therefore, it was further determined that the requested variance fQl: be granted g.~~and
that the previous decision of the Enforcement Officer B-be~mea []g be reversed.
See Attachment..
2. SPECIAL' USE PERMIT: By resolution of the Board it was determined that the request for a
Special Use Permit 0 be granted 0 be denied, pursuant to article ...........-.......-, section or subsection
_..........._......) paragraph ....._......_..._............. of the Zoning Ordina.nce and, therefo&c, the decision of the En..
iorcement Officer 0 be reversed 0 be confirmed, because: ...............................--.---
-...........---..--.--.....-......------....-..-.......-.-- ...--.-...---.-..............-...................--.-
.......-.-...-.-................-.........-.............-.............................--.....................--...............................-..-....-.
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation
of the Zoning Ordinance as requ~"1:ed in your appe:1l: ..........................................................................._...___......_.__.
..............-...-......................-......................................................................................................................................-.--....-..-----------.---
..............................................-.....................................................................................................................................................-...............--.....----.....-
....................................................................................................................... .......................................................................................................-.....-.-.--..
4- AGGRIEVED PERSON(S): By resolution of the Board, the following dec:sion .....as made on your
a-ppeal: .................................................................................................................................................................................................._......_..._.._._
..... ............................................................ ................. .... -. ... ... .... ................... .......... ...... .............. ..........................................................-....--.............-.-.-..---.
.... .............................................................................................................................................................................................................................---.----.--.
I. ...........~~.....fk1~.~_
Chairm~n, Zoning Boord of AppealsY:
.'
._~-_."_..- ...~ '--.>-'-. "..----- --'.~ ..- .-.--.--.-.-.- -...-...--.........--------
~--'. ..__..,-~......"._- .."..-_. ..- ~-<-,...
-<:::l
Appeal # 522
February 11th, 1981
At the February 10th, 1981 meeting, a motion was made by
Mr. Landolfi, that the requested variance be granted with the
condition that any replacement or repair of the present deck
would require the issuance of a building permit.
The motion was seconded by Mr. Mc Millen.
Vote:
Mrs. Waddle - aye
Mro Landolfi - aye
Mr. prager - absent
Mr. Cortellino - aye
Mr. Mc Millen - aye
.e~~~~ <L.
Chairperson, zoning Board or~ppeals
- ~'
~
OFFICE OF THE
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. N. Y. 121590
TIL. 287.8288
MEMO TO: Zoning Board of Appeals
FROM: Hans R. Gunderud, Bldg. Insp. & Zoning Admin.
SUBJECT: Gniewek apeal for a sideyard variance
DATE: January 13, 1981
On the application for a building permit (#73-102) for the deck, Mr. Gniewek
indicated a sideyard of 35' to the existing house and 21' to the proposed deck,
this was accepted and approved by Sue Pike, then the Zoning Administrator.
If the pins were off only 5 to 7 feet as Mr. Hustis states in his letter to Mr.
Pergament, I fail to see how Mr. Gniewek arrived at the proposed 21 feet when
actually it was less than 1 foot. The record shows that no inspections were
called for or made on the project, which puts a question in my mind, which I
feel the Board should clarify in their hearin~ on the appeal.
HRG/dlh
;
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NOTICE OF APPEAL
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ate
~
Appellant
JOHN J. GNIEWEK and
PAULA B. GNIEWEK
Il/~i:", . I
12 Cady Lane . J (
Wappingers Falls, New York
Address
TO THE BOARD OF APPEALS:
I,
JOHN J. GNIEWEK and PAULA B. GNIEWEK
, appeal from a decision of the
Zoning Inspector, dated
.y'\Mv'\..Iv....4 S ' 19~ \ , and do hereby apply to the
\
for:C1aA VARIhNCE,r=!A SPECIAL USE PERMIT,t=]AN INTER-
Zoning Board of Appeals
PRETATION.OF THE ZO~UNG ORDINANCE,DAl~ APPEAL AS AN AGGRIEVED PERSON{S). {check
R--20
(zoning dist.)
19-6258-03-445 137
(grid no.)
12 Cady Lane
(street & no.)
, Town of Wappinger, N.Y.
proper one), in connection with premises located at
1. PROVISION{S} OF THE ZONING ORDINANCE APPEALEo----Br+1C- te':G~ jSe,~,~V\ A-?(
SC1-\;d\.C\' ~2'-'t.~(. 20 t~-t \(,' ';V\~,-eJl t\.-Jc~~-Lt:.,~ k~ "TC'\(,,;...: \(,d
section or subsection and aragraph).. 1\' .1.. \ L',(
t'n \~ ( .. ,:'.(... '.:
2. TYPE OF APPEAL (CoJP.plete relevant section). * C~v~ S i-ni\(. .~.\. ..
a. A VAR~CE IS REQlffiSTED for the following reasons:
1) strict application of the Zoning Ordinance would produce undue
hardship because:The deck as shown ona survey by Peter R. Hustis
dated 12./22/80 violates the sideline restrictions of the Zoning Ordinance. The
deck is over 7 years old. Appellants believed their property line was further
south due to iron pins vJhich vverc located on the assumed property line.
2) The hardship created is unique and is not shared by all properties
alike in the immediate vicinity of this property and in this district
because: This violation is discovered by a new 8urvey done by
appellant's purchasers of the property. Had appellants known the correct sideline
as shown ~y the survey they would not have constructed the deck without prior
approval. .
3} The variance would observe the spirit of the Ordinance ,and would not
change the character of the district because: The deck is over seven
years old. No complaints have been raised because of the existence of the deck.
The Alexander's residence is not located close to their north property sideline.
b. A SPECIhL USE PEffi1IT IS
or subsection
to permit the following
N/A
REQUEST3D p'.1rsuant to article.
, paragraph of the
use on the above premises:
, section
Zoning Ordinance
c. INTERPRETATION of the Zoning Ordinance 15 requested because;
N/A
d. f\.GGRIEVED PERSON{S) an appeal 15 requested bec~us'.:":;
3. O'l':iER REM.!\.R1-(S:
See attached affidavit
_-.~ J
JOliN '(i'/G .N. )EWEK cl. l1l.. d...
- PAULA. /GNtE;QEq:,
BY. '., ,. I f I J
Signature. '~.__i.~I(!.'" \ l \~. ~_ \.,
RONALD R. LEVINE, Attorney
the Notice of Appeal.
(Use extr~ sheets if necessary)
* T;l~ requirL'u pl<:l1l loust dCco~p~~ny
!~i.'?:::r.L\~;7G ,,'\RZ 1~r:~[,O~;SI3~:: FOt<. r~I[:::: CO:;73
~.~:~.:l- " ....-:c::: -"'; r-"-. 7,-:-;I......._~J '~::~.;~~~~J?~4
; ._~lOL~J..=u .::; ?~j~r, IS ~t L~':G
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TOWN OF WAPPIN~ER
PLOT PLAN
DATE r/3/?3
A.t{t'\ ~
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BUILDING PERMIT' 73- / t> 6L
LOCADON(3 5 rr d
E~ SIDE I;l, 'vl>r 1
HOUSE NUM8ER~ LOT NUMBER
OWNER OF LAND :r t G (V I et.O -e., J<...
INTERIOR OR CORNER LOT INTERIoR.
STREEy'A VENUE
~
REC VOL.
PAGE
ZONE
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ZONING A.D. ISTRATOR ~/'f fWJ1
TOWN DB. _PINGER ~,')cY- ~ 0 Pf
WapPlnaer:: . ~~ Y. 12E~ '1-51r 6-rd It.
Tel. 29 I bJSf., ~
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Nearelt Street
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Nearest Street
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INDICA TE LOeA TION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
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Information
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.._~~ UND ...~._
STATE OF NEW YORK )
COUNTY OF DUTCHESS SS.:
RONALD R. LEVINE, being duly sworn, deposes and says:
1. I am an attorney at law and represent the appellants in this
application for a variance.
2. I make this affidavit based upon my investigation of the facts
in this case which include interviews, personal inspection, and
consultation with the parties.
3. The appellants are the owneps of real property located at
12 Cady Lane, Wappingers Falls, New York. They acqui:t"ed these premises
by deed in February, 1967. The dwelling house at 12 Cady Lane was
erected prior to the adoption of a zoning ordinance in the Town of
Wappinger.
4. Appellants advised me that at the time they acquired the
premises there were pins set in the ground, which they were led to
believe constituted the southern sideline of their property. These
pins have remained in the ground until recently.
5. In 1973 appellants purchased a building permit to erect a
deck at their property. No Certificate of Occupancy was obtained
because appellants mistaken~y, but in good faith, failed to call the
Building Inspector to obtain one.
6. The deck was erected seven years ago and remains attached
to the dwelling house.
7. Appellants were recently transferred by their employer to
Arizona and now reside there. They have sold their home under contract
of sale, a copy of which is attached.
LEVINE AND HOFSTETTER. ATTORNEYS AND COUNSELLORS AT LAW. 11 CANNON STREET. POUGHKf EPSIE. NEW YORK 12601
8. Prior to closing purchasers had a survey performed by
Peter R. Hustis, a copy of which is attached. The survey discloses
that the deck is too close to the sideline and in fact abuts on the
side line in one place. No previous survey had ever been performed
in behalf of appellants.
9. The survey revealed for the first time that the deck was
in violation of the zoning ordinance in that it violated the 20 ft.
sideline requirement as called for in a R-20 zoning district.
10. Appellants were not aware of the actual sideline and in
fact mistakenly relied upon the pins which were set in the ground some
distance south of the actual side line. This mistRken reliance was a
good faith error based upon the lack of a correct survey.
11. Now appellants are damaged in that they are unable to convey
their property free of zoning violations unless they obtain relief
from the Town of Wappinger in connection with the above problem.
12. No one is prejudiced by the grant of the variance sought.
This deck has been'in existence for seven years and was standing when
the Alexanders (neighbors) purchased their property. Furthermore,
the Alexanders had a survey done and used the same Peter R. Hustis.
Finally, the Alexander house is not close to the affected side line
so no invasion of their privacy would occur in this case.
13. It would be a great hardship to deny a variance in this case.
real property in question.
valu~\::se~~p:::es the
~
The deck is seven years old and a
Sworn to before me this
/
~ .
~
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,~~~NALD R. LEVINE
.~~',~;
"
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8t1; day 9~ January, 19~1o~)~<:-" , .
~ ~/cL ,()C~1Jt.~Qvr-' .....:.(:.
No ary PubllC \,. ," .. .' ,<
LEVINE AND HOFSTETTER. ATTORNEYS AND COUNSELI.ORS AT LAW.
-,,' . ,\'
11 CM;,<ON STREET. POUGHKEEPSIE, NEW Y08K 12601
"
LEVINE & HOFSTETTER, ESQS.
11 Cannon Street
Poughkeepsie, New York 12601
(914) 473-2040
Southern Dutchess Office
Route 52 & Lake Drive
Hopewell Junction, NY 12533
(914) 896-9170
HOMEQUITY #: Xl027-03l98
ATTORNEY FILE #: 80liEl005
CONTRACT OF SALE
Date:
Seller and Purchaser agree as follows:
PARTIES .:
Seller:
Address:
John J. Gniewek and Paula B. Gni~wek, husLand and wife,
both residing at 12 Cady Lane, \'7appingers Falls, ~-le,., York,
Purchaser: Bernard T. Lutz and Sherry L. Lutz, ,
Address: 7536 Dunleith Court, Fort Wayne, Indiana
PURCHASE AGREEMENT PROPERTY:
2. The Property is descr~bed as follows:
SEE EXHIBIT "A" ANNEXED HERETO
AND ~1ADE A PART HEREOF.
".
LEVINE AND HOFSTETTER
RONAt..D R.1.EVlNE
BRUCE HOFBrETTER
ATTORNEYS AND COUNSELLORS AT LAW
II CANNON STREET
POUGHKEEPSIE, NEW YORK 12801
\814) 452-7880
(814) 47:3-2040
January 9, 1980
Mr. Hans Gunderood
Building Inspector - Town of Wappinger
Hill Street
Wappingers Falls, New York 12590
Re: Application of
John J. & Paula B. Gniewek
Dear Hans:
I enclose an Application for Variance in the matter
of John J. Gniewek and Paula B. Gniewek, 12 Cady Lane,
Wappingers Falls, New York.
Your secretary indicated that you would insert the
appropriate information in the blanks which I have not
filled in. If there is any charge, please advise.
Also please advise as to how the advertisement will be
made and who is to make it.
Thanking you in advance, I am,
Very truly yours,
RRL:gmd
enc.
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RONALD R. LEVINE
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. u'. OFFice eSTABLISHED 1813
.'
.
MAIL AlL REMITTANCe TO:
P. O. BOll 7n
184 MAIN STREET
BEACON. N. Y. 12501
(814/ 83'~100
820 BROADWAY
NEWBURGH, H. Y. 12550
(814) 562.0060
~
January 6, 1981
~..
He: Property Trans~er
Homequity to Lutz
80:253B (WO-1771)
.
J~. Ira A. Pergament, Esq.
58 l<fain Street
Fish kill, New York 12524
'.
Dear Ira:
.
," ...
I would like to call to your attention that in doing
the survey on the above referenced property, we have found
Be~eral property corner markers in the field. These property
corners were reputed by the joining owne~s to be.to the best
of their Imo\~ledge survey markers. In computing out cmd Com-
paring these marlters \'Ii th the adjoining deeds we found them to
be in error by some 5 to 7 feet. If one was to consider these
to be correct and Use them to layout certain things on the
property this could be the reason for the building being close
to the property,'line.
.
.
zze y yours,
,~_~L
. --0-C C/
PETER R. HUSTI~~
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I! .\'/J/I'I""J/ }llIlI/fr,'d el/ld Sixty-seven
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Ern~ARU C. OLSON and LOIS W. OLSON) residing at
6501 West 99th Street) Overland Park, Kansas
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/wrlies of 11,/' lind flf/rl. IIl1d
J, E.
JOHN/GNIEWEK and PAUU/GNIEWEK) husband and \-.life)
residing at Hillside Lake. Road) \..'appingers Fall.s)
New York)
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Wilnehht:lh IIIIIIIIII'lwr! ies /JIIIII'lirsll)(/~~' iJ/ "/llIsicl,'/'(//illll (If
_________-__ONE HUNDRED _________-______________ /JIIIlII/'S IS 100.00
11/1I11l11lt1l/II'!! (If till' 1'/liI(~cI Sl(/(I'S, and other go.od and valuable consideratiol
Inlit! hy (I/l~ In/(I ics /II the sl'('ulicll)(u(, c/u li,'re.lly !irlll/II/I/d rt'I()(/s~ iiI/to the
1IIIf( ics III th~' .'iI'I'/I/ld l)(/rI, their distributees f/I/dl/.';sigll,~ lure/'IJ" all
that tract, pJ.(~ce or parcel o[ land \.Jhich in a deed to be recorded'
i.l~ the Du~chess County Clerk's Office) datec Hay 3', 1958, [rom .
SIdney Sm~th and Eugen Schuele to Everett Wood Milligan and Glenna
baird Milligan, was bounded and described as follows:
"ALL tha t t nlc t, piece or. parce 1 of lClnd situCl te lying ancl be ing
ill tlw TO\.JT'\ of Wappinger) County of Dutchess and State ot New YOl.-k)
buunded and described as follows:
"BEGINNING aL a stake on the west road line of Kady Lane, Smith &.
Schuele Dl!veloplllent; thence in a \.Jesterly direction nOl.th 520 14' west
a distance of IJY.O feet to a stake; thence north 36u15' west, a dis-
tance of 300 ~ feet to a point ~n the middle of a lake; thence in a
northeasterly direction along midd1e of said lake a distance of 95 \
fL. to a point; tl,unce southeasterly along a division line of Milligal
(reported owner) on the west, south 36015' east a distance of 215 ft.
to a point) thence still along said division line south 520141 east a
distance of 139.0 ft. to a point on the west road line of above men-
L Loned Kady Lane; thence southerly along said west road line south 11
06' west a distance of 125 ft. to the point or place of: beginning.
"SUBJECT to the same covenants) conditions and restrictions as Se
forth i.n a deed from the parties of the first part to Eileen Fay)
whLch said deed \",\S recorded i.n the Dutchess County Clerk's Ottice 01
May 3, 1956) in Li.ber 91.6 o!.: Deeds at page 76 to \..hich. deed and thL~
r~conl thereof n.:>J:ercnce is hereby speciLica1..1y made for a full and
~'Ulllpll!Ll! statemenL of the afurl!said cuvenLl.n~s, conJitiuns and re-
strictions."
Sa id Kady Lane is nm.J kno\"l1 as Cady Lane.
Sa Ld lot is bounded on the northerly side by lands nmv or fonner
Q\.Jned by lknry E. Digge1.man and Hargaret Digg,elman, his \vire) and on
the southerly s i dc by lands ncY..J or formerly O\meJ by :<.obel"t L. 1v\urph
dnd Reba B. tolL! t"phey, husband and \oJife.
SU1UECT to the t-ights of public utilities of record, ir any.
SUIUr:CT tu such restrictions as there may be ui: record which ma'
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BUILDINGS AND IMPROVE~mNTS:
3. The sale includes:
Ca) All buildings and improvements on the Property.
FIXTURES, PERSONAL PROPERTY:
Cb) All fixtures and articles of personal property attached
to or used in connection with the Property, unless specifically
excluded below. Seller represents that they are paid for and owned
by Seller free and clear of any lien other than the Existing Mortgage.
They include but are not limited to plumbing, heating, lighting and
cooking fixtures. Inclu~cd in this sale are: range, cUsh\'lasher,
water softner, air conditioner,in living room, storms and screens,
T.V. antenna, storage shed, wall to wall car~eting in the living
room, c.ining rOOD, family room and 4th bedroom (in the basement.)
Excluded from this sale are:
Furniture and household furnishings
.,
PRICE:.
4. The purchase price is..............................$ 65,O!)~).OO
Payable as follows:
On the signing of this Contract, by
check subj ect to cOllection...................... $
(inclucUn'J :?G:iO. GO raid on binder)
By allowance for ~he principal amount
s~ill unpaid on the Existing l1ortgage............$
6,500.00
.
Balance in cash or certified check only
payable to the order of Levine &
Hofstetter, as attorney, on the delivery
of the deed at closing.......'.................... $
58,500.00
TITLE TRANSFER SUBJECT TO:
5. The property is to be conveyed subject to:
(a) Building and zoning regulations
(b) Conditions, ~greements, restrictions and easements of record
(c) Any state of facts, an inspection or survey of the Property
may show if it does not make the title to the Property
unmarketable
(d) 'Unpaid assessments payable after the date of the transfer
of title.
.-- -...
DEED AND TRANSFER TAXES:
6. At the closing, Seller shall deliver to Purchaser a deed
Bargain and Sale, with covenants against Grantor deed so as to convey
a fee simple title to the Property free and clear of all encumbrances
except as stated in this Contract. The deed shall be prepared, signed
and acknowledged by Seller or contract vendor and transfer tax
stamps in the correct amount shall be affixed to the deed, all at
Seller's expense. The deed shall contain a trust fund clause as
required by Section 13 of the Lien Law.
ADJUSTMENTS AT CLOSING:
7. The following are to be apportioned pro-rata as of the date
of delivery of the deed when applicable:
(a), Rent as and when collected.
(b) Interest on the Existing Mortgage.
(c) Taxes, water rates and sewer rents based on the fiscal
period for which assessed. I
(d) Fuel, if any.
WATER METER READINGS:
8. If there is a water m~ter on the Property, Seller shall furnish
a reading to a date not more than thirty days prior to the time set
for Closing. The unfixed meter charge and sewer rent, if any, shall
be apportioned on the basis of this last reading.
FIRE, OTHER CASUALTY:
.
9. This Contract does not proviqe for what happens in the event of
fire or casualty loss before the title closing. Unless different
provision is made in this Contract, Section 5-1311 of the General
Obligations Law will apply.
CLOSING DATE AND PLACE:
10. The Closing will. take place at the office of LEVINE AND HOFSTETTER,
11 Cannon Street, Poughkeepsie, New York or local lending institution,
at lJ:OO (A.M. f.D.:.;.M;:.x) on or before February 1 , 1981 , but
no later than fifteen (15) days from the date of the issuance of a written
mortgage commitment.
CLOSING COSTS AND REQUIREMENTS:
1:. This agreement provides for closing of title and delivery
~: the deed within fifteen (IS) days from the issuance of a written
~Jrtgage commitm~nt. Purchasers have made application for a
~ortgage with :~1ct-"udson Savings Bank .
(a) In the event such lending institution will require a
survey as part of its commitment requirements, seller can promptly
provide a survey in purchasers' behalf if the purchasers so desire.
?he cost of such survey will be $ and will be paid for by
t~e purchasers at time of closing. Purchasers will only be responsible
fo~ such cost in the event a mortgage commitment is issued and title
closes. PURCHASERS DIRECT SELLER TO OBTAIN A SURVEY AND SO SIGNIFY
BY SIGNING HERE:
Date:
Date:
(b) In the event such lending institution will require
~ortgage title insurance as part of its mortgage commitment
requirements, seller can promptly provide a mortgage title insurance
po:icy in purchasers' behalf if the purchasers so desire. The cost
of such policy will be at the rate permitted by law and will be paid
far at time of closing. Purchasers will only be responsible for,
sJch cost in the event a mortgage commitment is issued and title
c~oses. PURCHASERS DIREC~ SELLER TO OBTAIN A MORTGAGE TITLE
I ~JSU?.ANCE POLICY AND SO SIGNIFY BY SIGNING HERE:
Date:
Date:
P~_'~~EASERS DIRECT SELLER TO OBTAIN A FEE TITLE INSURANCE POLICY
.:".~;D SO SIGNIPY BY SIGNING HERE:
Date:
Date:
BROKER:
~2. Purch~ser ~epres~nt~ that Purchaser has not dealt with any broker
1n connect1on w1th th1S sale, other than (Selling broker):
----dcnr6 T. ~ac~~ ~aMl EttatQ. and Seller agrees to pay broker the
comm1SS1 n eilrnec (pursuan to separate agreement). (Listing Broker):
;l~t(: Jor.i~n !lc~lty
PURCHASER'S LIEN:
13. All money paid on account of this contract, and the reasonable
expenses of examination of the title to the Property and of any survey
and inspection charges are hereby made liens on the Property. The
liens shall not continue after default by Purchaser.
NO ORAL CHANGE:
14. This contract may not be changed or ended orally.
SUCCESSORS:
15. The Contract shall apply to and bind .,the distributees, executors,
administ!ators, successors and assigns of the Seller and Purchaser.
EXISTING MORTGAGE:
16. If there bp. a mortgage on the premises the seller agrees to
deliver to thp. purchaser at the time of delivery of the deed a proper
certificate or "pay off" letter executed and acknowledged by the holder
of such mortgage, certifying as to the amount of the unpaid principal
and interest thereon, date of maturity t~ereof and rate of interes~
thereon, and the Seller shall pay the fees for recording such cert~-
ficate.
INSPECTIONS:
17. A. Prior to Contract: This contract shall not be conditioned upon
or contingent upon the performance of any or all-o! the following tests
or inspections:
1) Termite and other insect infe~tation
2) Water potability test
3) Professional home engineering inspection
4) Well production test
To the extent possible, seller will turn over to purchaser the
results of any tests or inspections conducted by seller as attachments
to the contract. The purchasers shall have the option to, at their
own cost and expense, conduct any or all of the above inspections prior
to executing this agreement. In the event the results of a test or
tests reveal the existence of a problem or defect, the same shall be
disclosed to seller and resolved prior to the execution of this
agreement by the parties1 it being the intention of the parties that
except as provided in this agreement, the house and property is to ~e
deemed transferred in an "as is" condition.
B. After Execution of the Contract:
(1) The purchasers shall. be allowed to make an inspection
of the premises herein within 72 houts of the date of transfer.
The purchasers shall notify the sellers' attorney 24 hours before
closing of any alleged defects concerning the premises. If no
notification is received within the said time period, the premises
shall be considered transferred in an "as is" condition which is
acceptable to the purchasers. If the premises in question are
"winterized" the same will be "de-winterized" at least 72 hours
prior to closing to permit for such inspection.
(2) If a VA or FHA inspection, requires repairs or alterat~ons
to the property, Sellers shall have the option of either performing
such repairs, or in the alternative, deClining to perform such
required repairs, in which case this agreement shall be considered null
and void and all monies paid hereunder shall be returned to the
purchasers.
PROPFRTY CONDITION:
18. The purchasers have examined and inspected the premises and the
personal property located therein, are familiar with the condition
thereof, and agree to accept title to the said premises and personal
property in the same condition as exists at the time of the Signing
of this contract, reasonable wear and tear excepted. No warranties,
promises or represent<iltion~ have been made by the seller, except ,that
the plumbing, heating~and cooking fixtures'lhall be in working order,
and the purchasers do not rely on any warranties, promises or'repre-
sentations but solely on their examination and inspection. Said
premises to be in broom cleaned condition and vacant at the time of
closing. t~J~O~~ *"o.-J,~
MORTGAGE CONTINGENCY:
19. This sale is contingent upon the Purchasers obtaining a mortgage
from a lending institution on the Subject premises in the amount
of $ ~') 1100 no . The purchasers agree to make prompt
and dillgent application for said mortgage. In the event that they are
unable to secure such commitment on or before the l~th day of
January , 19 31 , at the option of the purchaser or
Seller herein, this contract may be declared null and void. In
that event, all monies deposited on account hereof shall be returned
to the Purchasers by the Seller which shall be the full extent of
the liability of the parties ~ereto, time being of the essence herein.
INABILITY TO TRANSFER TITLE:
20. In the event that the seller is unable to convey marketable title
in accordance with the terms of this contract, the sole liability of
the seller will be to refund to the purchasers the amount paid on
account of the purchase price, and upon such refund being made this
contract shall be considered cancelled, and the purchaser shall not
be entitled to any interest, damages and/or costs.
CLOSING DELAY:
21. In the event title herein closes after P::"H-~1ur}' 1. 1981 ,
or fifteen (15) days from the date of the issuance of a written mortgage
cooonitment, whichever date is soone~, the purchasers shall pay to the
.aeller holding costs in the amount of $ 21.67 per day
for each and every day thereafter until the date of the closing.
CONTRACT RETURN DATE:
22. If a fully executed copy of this agreement, together with the
required down payment, payable to Levine and Hofstetter, as Attorneys,
is not delivered to the attorneys tor the Seller (Levine and Hofstetter,
11. Cannon Street, Poughkeepsie, New York 12601) on or before
December 19, 1980', then in that event this instrument
shall become null and void (without notice to the purchasers) and
the seller shall be ftee to place the premises herein on sale.
r~RKETABILITY OF TITLE:
23. The seller shall give and the purchaser shall accept a marketable
title as any New York State Title Company which is a Member
of the New York Board of Title Underwriters, will insure.
JUDGMENT AFFIDAVITS:
24. If p search of the title discloses judgments, bankruptcies or
other returns against other p~f9ons having names the same as or similar
.~o that of seller, the seller will ,on notice of same deliver to the
purchasers an affidavit showing that such judgments, bankruptcies
or other returns are not against the seller.
FIRE INSURANCE PROVISION:
25. That the purchasers shall procure their own fire insurance
of the 'subject premises and no adjustment of unearned premium due
the sellers will be required.
ZONING AND RESTRICTIONS:
26. That the sellers represent that. the restrictions now in force
and affecting said premises have not been violated by the present use,
occupancy or structure. ~he sellers further represent that the zoning now
in force and affecting said premises have not been violated by use,
occupancy or structure and that the buildings, appurtenances, systems
and driveway are entirely within the boundary lines of said premises.
PERSONAL PROPERTY CLAUSE:
-
27. Any personal property to be transferred in accordance with the
agreement between the parties shall be free and clear of any liens
and in. lieu of a separate bill of sale being given at the closing,
this clause will survive the closing.
LEAK REPRESENTATION:
28. The sellers make no representation ~s to the roof and the
lower level of the structure located upon the premises herein.
DOWN PAYHENT ESCROW:
29. The attorney for the Seller will hold the contract deposit in
escrow pending the final disposition at the terms and conditions of
this contract.
VACATING CLAUSE:
30, If the premises herein are not vacated and turned over at the
time of title closing the promises of this agreement. shall survive
the delivery of the deed and remain in full force and effect until
the delivery of the premises is complete.
MULTIPLE PARTIES:
31. If there are more than one Purchaser or Seller the words "Purchaser'
and "Seller" used in this contract includes them.
SIGNATURES:
Seller and Purchaser have siqned this Contract as of the date at
the top at the first page.
WITNESS:
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