NOTICE OF SALE
(Old Follansbee Middle School Property)
Please take notice that The Board of Education of the County of Brooke has determined that the below-described real estate is no longer needed for school purposes and that beginning at 1 o’clock p.m., on the 30th day of March, 2020, at the former Follansbee Middle School, located at Main and Mark Avenue, Follansbee, West Virginia, The Board of Education of the County of Brooke will proceed to sell, BY QUITCLAIM DEED AND WITHOUT ANY WARRANTY WHATSOEVER, at public auction, subject to all the terms and conditions set forth in this Notice of Sale, and subject to Chapter 18, Article 5, Section 7 of the Code of West Virginia of 1931, as amended, all of its right, title and interest in and to that certain real estate commonly known as the old Follansbee Middle School property, including and together with all of its right, title and interest in and to any and all improvements, including the school building, located thereon, and the appurtenances thereunto belonging, situate in the City of Follansbee, Follansbee District, Brooke County, West Virginia, which real estate is more particularly described as follows:
BEGINNING at a point in the northerly line of Mark Avenue, which point is ten feet South 85* – 45′ East from the intersection of the easterly line of Main Street produced and the northerly line of said Mark Avenue, both of the City of Follansbee, West Virginia; thence along the northerly property line of said Mark Avenue South 85º – 45′ East 520 feet to a point which point is ten feet North 85* – 45′ West from the intersection of the westerly property line of Orchard Street in said city, produced in a northerly direction, with said northerly line of Mark Avenue; thence at right angles to said northerly line of Mark Avenue, North 4* – 15′ East 30 feet; thence in a northeasterly direction, on an arc of a circle whose radius is 530 feet, a distance of 275.195 feet to a point in the proposed North property line of Orchard Street as said Street appears extended upon the blue print accompanying that deed recorded in the Office of the Clerk of the County Commission of Brooke County in Deed Book 51, page 330, identified as S. 336; thence North 56* – 00′ West a distance of 34.27 feet; thence North 85* 45′ West and parallel with the said northerly property line of Mark Avenue 560.1 feet to a point, which point is ten feet South 85* – 45′ East of the east line of said Main Street extended in a northerly direction; thence South 4* – 15′ West 310 feet to the place of beginning, containing 3.86 acres, more or less, as appears from the said blue print accompanying the aforesaid deed as part thereof further identified by the words: “High School Site Follansbee, W.Va. Date May 9, ’21 La Belle Iron Works, Steubenville, Ohio.”
THERE is excepted and reserved from the aforedescribed premises, and not hereby granted or intended so to be, all of the coal within and underlying the same, together with the right to said party of the first part, its successors or assigns, to mine and remove all of the same and every part thereof, (the grantee herein hereby waives all surface damages and damage of any sort arising therefrom or from the removal of all of said coal), and with the further right to remove and transport through, but beneath the surface of, the said described premises, coal of other lands now or hereafter owned by said party of the first part, its successors and assigns.
and being the same property conveyed to Board of Education of the District of Cross Creek in the County of Brooke, by deed dated July 8, 1921, from LaBelle Iron Works, and of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 51, at page 330.
Reference is made to that final Order From Declaration Judgment Hearing entered July 1, 2016, and recorded July 5, 2016, in the aforesaid County Clerk’s Office in Book 368, page 388. The aforesaid property is designated by the Brooke County Assessor as Tax Map Parcel Number F14G-0053-0000-0000.
The aforesaid property, together with any and all improvements (including the aforesaid school building) located thereon, and the appurtenances thereunto belonging, are sometimes collectively referred to below as the “Subject Property.”
The Subject Property will be sold “AS IS” and “WITH ALL FAULTS” and subject to any and all effective and validly continuing and existing rights of way, easements, reservations, exceptions, covenants, obligations, conditions, conveyances, encumbrances, liens, agreements, leases, and other matters whether (a) of record, (b) visible from an on-site inspection or survey of the Subject Property, or (c) otherwise.
The sale will further be made subject to all information and to such facts as might be revealed by an accurate survey and visual inspection of the Subject Property. The sale will further be made subject to the purchaser assuming and the deed shall provide that the purchaser assumes (a) all responsibility and liability for hazards associated with the Subject Property (whether past, present, future, known or unknown), including but not limited to, environmental and those associated with or pertaining to asbestos, and (b) any validly continuing and existing covenants or obligations of The Board of Education of the County of Brooke contained in any deeds or other instruments of record in said Clerk’s office respecting said Subject Property.
The Board of Education of the County of Brooke reserves the right to refuse any and all bids and to adjourn the sale from time to time or discontinue the sale without any other notice other than oral proclamation at the time and place of the sale or any continuance or adjournment thereof. The sale shall be to the highest responsible bidder, but all bids are conditioned upon the acceptance thereof by The Board of Education of the County of Brooke at its first regular meeting following the auction, which acceptance by The Board of Education of the County of Brooke may be withheld for any reason or no reason whatsoever. The minimum bid for the Subject Property shall be $500,000.00. The sale shall be made upon the following additional terms: ten percent (10%) of the total sales price (which sales price includes a 10% Buyer’s Premium) in cash, together with a letter of credit for the remaining balance at the time of the auction and the balance in cash due simultaneously with the tender by The Board of Education of the County of Brooke of the deed, and such other terms as may be ordered by The Board of Education of the County of Brooke.
In advance of the auction date, inquiries concerning the Subject Property may be directed to Steve Mitchell, Maintenance Shop Foreman, Brooke County Schools, at (304) 737-3481, extension 221.
THE BOARD OF
EDUCATION OF THE
COUNTY OF BROOKE
By:
Dr. Theodore Pauls
President
Int. March 13, 20, 27, 2020