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PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016-...

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PUBLIC SALE ADVERTISEMENT Sealed bids will be received by the Defiance County Board of Commissioners, 500 Court Street, Suite A, Defiance, Ohio, 43512 for the following real estate: 21583 Hammersmith Road, Defiance, Ohio 43512 8.805 Acres of Land, Residential and Woods Bid Opening Date: Monday, November 17, 2016 10:30 a.m. Bid Opening Location: Defiance County Board of Commissioner's Office 500 Court Street, Suite A Defiance, Ohio 43512 Property Viewing Dates: October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016 — 9:00 a.m. until Noon
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Page 1: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

PUBLIC SALE ADVERTISEMENT

Sealed bids will be received by the Defiance County Board of Commissioners, 500 Court Street,

Suite A, Defiance, Ohio, 43512 for the following real estate:

21583 Hammersmith Road, Defiance, Ohio 43512

8.805 Acres of Land, Residential and Woods

Bid Opening Date:

Monday, November 17, 2016

10:30 a.m.

Bid Opening Location:

Defiance County Board of Commissioner's Office

500 Court Street, Suite A

Defiance, Ohio 43512

Property Viewing Dates:

October 18, 2016- 4:00 p.m. until 7:00 p.m.

November 5, 2016 — 9:00 a.m. until Noon

Page 2: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

Beautiful Lot 8.805 Acres of Land, Residential and Woods

1583 Hammersmith Road, Defiance, OH 43512

Imagine the potential in this lovely Hammersmith Road property. It is located not far off of St. Rt. ift but far

enough to hear nature at its best in the dense woods around the property. In need of rehab, this home has

two bedrooms, one bath, living room (with a fireplace), kitchen area and a sunroom. This home is nestled on

top of a hill, surrounded by many shade trees located around the property. There is plenty of great yard area

for little ones to play safely away from the road.

This property will be sold by sealed bids by the Defiance County Board of Commissioners. Sealed bids will

accepted until 10:30 a.m. on November 17, 2016, at which time they will be opened. Once the bids are

opened, there will be an opportunity to increase your bid. The Board has an option to accept or reject any or

all bids. Bids can be sent to: Defiance County Board of Commissioners, 500 Court Street, Suite A, Defiance,

OH 43512.

There will be a property viewing on the following dates: October 18, 2016 from 4:00 p.m. until 7:00 p.m. and

November 5, 2016 from 9:00 a.m. until noon.

Page 3: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

DESCRIPTION OF PROPERTY

Owner:

Defiance County Board of Commissioners

Location: 21583 Hammersmith Road

Defiance, Ohio 43512

Acreage: Approximately 8.805 Acres

Zoning: Defiance Township has zoning laws

Utilities: Electric: American Electric Power

Water: Unknown

Sewer: Centralized Sewer System through Defiance County

Wastewater Office

Taxes: Taxes will be determined after the completion of the sale and prorated

accordingly at closing.

Page 4: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information
Page 5: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

INSTRUCTIONS TO BIDDER

Article 1 Real Estate for Sale by Sealed Bid

The Defiance County Board of Commissioners is selling land and buildings located at

21583 Hammersmith Road, Defiance, Ohio 43512. The sale will be by sealed bid. After

all bids are opened, a bidder may raise his original bid. A description of the real estate is

in the attached material.

The real estate is being sold "AS IS". There are no warranties, representations or guarantees

implied or otherwise, attached to the real estate or the sale.

Article 2 Delivery of Bid

2.1 The bidder on the above-referenced property must submit a complete, signed, "Bidder

Registration Form" provided by The Defiance County Board of Commissioners Office in a

sealed envelope marked "Hammersmith Road Property Bid"

2.2 Bid Due Date —The Defiance County Board of Commissioners must receive the bid on

this real estate property no later than 10:30 a.m. on November 17, 2016

2.3 Bids must be delivered to:

Defiance County Board of Commissioners

500 Court Street, Suite A

Defiance, Ohio 43512

Article 3 All Bids Are Public Record

After bids are opened, they are public records, as defined in Ohio Revised Code 149.43.

and are subject to all related laws.

Article 4 Bidder May Raise Bid After All Bids Are Opened

After all bids are open, the Defiance County Board of Commissioners will open the floor

to all bidders present and allow them to raise their bids.

Article 5 Withdrawal of Bid

A bidder may withdraw its bid, by written request, any time after the Defiance County

Board of Commissioners receive the bid and before bid opening.

Page 6: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

Article 6 Bid Evaluation and Payment of Purchase Price

The Defiance County Board of Commissioners may accept the highest, responsive and

responsible bid and the bidder will be required to submit 10% of the original bid amount

with their bid paperwork. The good faith deposit shall be a cashier's check or bond

made payable to Defiance County Board of Commissioners. Closing will occur within 30

days and the balance of the purchase amount is due on or before then.

Article 7 Rejected Bids

The Defiance County Board of Commissioners may reject any and all bids.

Article 8 Inspection Dates

The following days are scheduled for public viewing of the real estate located at 21583

Hammersmith Road, Defiance, Ohio 43512.

October 18, 2016- 4:00 p.m. until 7:00 p.m.

November 5, 2016— 9:00 a.m. until Noon

The information in this packet has been obtained from various sources and is believed

to be reliable; however, no guarantee, warranty or representation is being made.

If there are any questions, please contact Sherry Carnahan, at 419-782-4761.

Page 7: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

Defiance County Board of Commissioners

SOO Court Street, Suite A

Defiance, Ohio 43512

Bidder Registration Form

Conditions of Sale:

(Name) hereinafter referred to as "Bidder" offers to purchase the

real estate known as 21583 Hammersmith Road, Defiance, Ohio 43512 for

. Bidder acknowledges that if bid is the highest, responsive and

responsible, the bidder will deposit 10% of their original bid with their bid paperwork. The

deposit shall be a cashier's check or bond, payable to Defiance County Board of Commissioners.

The bidder has examined all property involved and is relying solely upon that examination with

reference to the condition, character and size of the land, its improvements and its fixtures. The

bidders acknowledge the property is being sold "as is" and the Defiance County Board of

Commissioners makes no warranties, representations or guarantees as to its conditions,

implied or otherwise.

With acceptance of the bid by the Defiance County Board of Commissioners, the successful

bidder will have thirty (30) days to close the transaction and submit the balance of the purchase

price to the Defiance County Board of Commissioners. If said balance is not received as

specified, the good faith deposit shall be forfeited to the County as liquidated damages.

Bidders Signature Printed Name

Address City State Zip

Telephone Number

Page 8: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

Defiance County Board of Commissioners

500 Court Street, Suite A

Defiance, Ohio 43512

Deposit Slip

The Defiance County Board of Commissioners acknowledges receipt of $

10% of the total of the original bid amount of $ from the purchaser.

Received by Date

Page 9: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

Purchase Agreement THIS AGREEMENT made and entered into this day of , 2016, by and between the BOARD OF COMMISSIONERS OF DEFIANCE COUNTY, OHIO: 500 Court Street, Suite A, Defiance, Ohio 43512, (hereinafter referred to as "Seller") and

(hereinafter referred to as "Buyer(s)").

W-I-T-N-E-S-S-E-T-H:

Seller agrees to sell and Buyer(s) agrees to purchase and pay for, upon the following terms and conditions, the following described real estate, to wit:

DESCRIPTION OF LAND FOR PARCEL:

The lands herein described are situated in the Southeast Quarter of Section 4, Town 3 North, Range 4 East, Defiance Township, Defiance County, Ohio and further described as follows:

Commencing at an iron pin found marking the South Quarter corner of said Section 4:

Thence S 88°36'52" E along the South line of the Southeast Quarter of said Section 11 a distance of 60.00 to a point, said point being the TRUE POINT OF BEGINNING for the parcel herein conveyed;

Thence N 01°45'56" E a distance of 40.00' to an iron pin with cap set;

Thence continuing N 01045'56" E a distance of 620.00' to an iron pin with cap set;

Thence S 88°36'52" E a distance of 581.06' to an iron pin with cap set at the northwest corner of a parcel conveyed in Deed Book 250, Page 709;

Thence S 01°45'56" W along the west line of the parcel conveyed in Deed Book 250, Page 709, a distance of 620.00' to an iron pin with cap set;

Thence continuing S 01°45'56" W a distance of 40.00' to a point on the south line of Section 4;

Thence N 88°36'52" W a distance of 581.06' to the TRUE POINT OF BEGINNING.

1 of 4 — OFFICE OF THE DEFIANCE COUNTY PROSECUTING ATTORNEY

500 Court Street - Suite C Defiance, Ohio 43512 Phone: (419) 782-2402 • Fax: (419) 782-6374

Page 10: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

Said parcel containing 8.805 acres of land more or less.

The foregoing description is a split from Auditor's Permanent Parcel Number BI 1-0004-0-006-00.

Grantor claims tide by Official Records Volume 397, Page 2958 of Defiance County, Ohio.

LEGAL DESCRIPTION APPROVED

DATE: BY: DEFIANCE COUNTY ENGINEER

TAX MAP DEPARTMENT

Bearings based on Ohio State Plane North observed by the Defiance County Engineer using Trimble 5700 series UPS receivers.

Description of this parcel is based on computations by the Defiance County Engineer's Office by Warren Schlatter, Registered Surveyor No. 8106.

It is hereby mutually understood and agreed by and between the parties hereto as follows:

Buyer(s) agrees to pay to Seller the total purchase price of ($ ) for said real estate which shall be payable as follows: ($ ) down upon the execution of this Agreement, the receipt of which is hereby acknowledged by Seller; with no balance payable at the time of closing this transaction.

Seller shall pay all 2016 real estate taxes and assessments due in 2017 at the time of closing and shall also pay to Buyer(s)(s) at the time of closing this transaction the 2015 pro rated real estate taxes and assessments based upon the 2016 tax rate, to be pro rated to the date of closing of this transaction. Buyer(s) shall be responsible for payment of all real estate taxes and assessments thereafter.

Buyer(s) shall pay any recoupment of CAUV value incurred in connection with this sale transaction, if any.

This property is being purchased by Buyer(s) in its present physical condition after examination by the undersigned Buyer(s) and Buyer(s) is relying solely upon such examination with reference to value, condition, character, and size of said property. Buyer(s) is relying solely upon Buyer(s)' s own investigation of the property as to its suitability for Buyer(s)'s intended use.

—2 of 4 — OFFICE OF THE DEFIANCE COUNTY PROSECUTING ATTORNEY

500 Court Street - Suite C — Defiance, Ohio 43512 Phone: (419) 782-2402 • Fax: (419) 782-6374

Page 11: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

It is further mutually understood and agreed by and between the parties that Buyer(s) has investigated the property, its value and condition, including but not limited to the presence of asbestos, hazardous materials, underground storage tanks, and its suitability for Buyer(s)'s intended use thereof and Buyer(s) shall indemnify and hold harmless Seller from all expenses, costs, charges, fees, or penalties which may be imposed by any environmental protection agency for any condition of said property prior to the date of this Agreement.

Seller further warrants that he has good title to the property to be conveyed and will convey good title to Buyer(s), free and clear of all claims, liens and encumbrances.

At closing, Seller shall convey fee simple title to said real estate to Buyer(s) by a transferable and recordable general warranty deed, with release of dower, if any, and subject to those matters referred to herein. Marketability of Title shall be determined in accordance with the Tide Standards approved by The Ohio State Bar Association. Buyer(s) further agrees to pay all State and local conveyance and transfer fees or taxes.

If the Subdivision regulations of Defiance County, Ohio, apply in this transaction, Buyer(s) shall assume all responsibilities for complying with and causing the transfer of the subject real estate to conform to said Subdivision Regulations (including the payment of any fees therefor), and any other applicable laws pertaining to the division and transfer of the subject premises.

Buyer(s) shall have possession of the real estate at the time of closing this transaction.

Closing of this transaction shall be on the same day of execution of this Agreement.

This Agreement contains the entire agreement among the parties with respect to the transactions contemplated hereby. All prior arrangements, documents, drafts of documents, and prior negotiations are merged into the final executed Agreement.

All of the parties hereby agree that they shall account to the appropriate taxing authorities for the purchase and sale of the assets to be conveyed hereunder in accord with the provisions of this Agreement.

This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the heirs, executors, administrators, successors and assigns of the parties hereto, but shall not be assignable by any party without the prior written consent of the other party.

If any provision of this Agreement shall be held or deemed to be or in fact shall be invalid, inoperative or unenforceable as applied to any particular case or circumstance, the remainder of this document shall be enforced according to its terms.

—3 of 4 — OFFICE OF THE DEFIANCE COUNTY PROSECUTING ATTORNEY

500 Court Street - Suite C — Defiance, Ohio 43512 Phone: (419) 782-2402 • Fax: (419) 782-6374

Page 12: PUBLIC SALE ADVERTISEMENT Suite A, Defiance, Ohio, 43512 ... News Releases... · October 18, 2016- 4:00 p.m. until 7:00 p.m. November 5, 2016— 9:00 a.m. until Noon The information

Buyer(s) acknowledges that, prior to signing this Agreement, Buyer(s) received from Seller the completed residential property disclosure form required by Ohio Revised Code Section 5302.30. Buyer(s) waives any and all rights of rescission that Buyer(s) may have pursuant to said Section 5302.30.

All representations, warranties, covenants and agreements made herein shall survive the closing and thereafter as provided for herein.

IN WITNESS WHEREOF, the parties have hereunto signed this Agreement this

day of ,2016.

SELLER: BOARD OF COMMISSIONERS COUNTY OF DEFIANCE, STATE OF OHIO

By: Ono L. NICELY, COIVIIvIISSIONER

BY: RYAN MACX, COMMISSIONER

By: THOMAS L. RIME, COMMISSIONER

BUYER(S):

By:

By:

— 4 of 4 - OFFICE OF THE DEFIANCE COUNTY PROSECUTING ATTORNEY

500 Court Street - Suite C Defiance, Ohio 43512 Phone: (419) 782-2402 • Fax: (419) 782-6374


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