NOTICE OF PUBLIC AUCTION SALE
NOTICE is hereby given that pursuant to the terms of West Virginia Code § 18-5-7, and the November 15, 2021, Order of the Circuit Court of Wood County, West Virginia, in Civil Action No. 21-P-150, the BOARD OF EDUCATION OF THE COUNTY OF WOOD (“Board of Education”), acting by its duly authorized agents, will sell at public auction the real property described below and improvements thereon to the highest responsible bidder. It has been ascertained that the real property described below and improvements thereon is no longer needed for school purposes. The auction shall be conducted in accordance with and subject to prescribed rules. The highest responsible bidder and all sales shall require final approval by a vote of the Board of Education.
REAL PROPERTY TO BE SOLD: former Waverly Elementary School and Waverly Public Library, as identified more fully below.
LOCATION: Waverly, Wood County, West Virginia
LEGAL DESCRIPTION:
Sharp Tract:
Union District Tax Map 100
Parcels A-1 and part B2A
Being in the Village of Waverly, District of Union, County of Wood and State of West Virginia, bounded and described as follows:
BEGINNING at a concrete monument in the southerly line of the Waverly-Williamstown Road, which said monument is at the point of the intersection of the southerly line of said road with the easterly line of a private road and is also 171 feet westerly, measured along said road, from the northwesterly corner of the land this day conveyed unto the party of the second part by Ernest J. Fauss, Sr., and others, and thence with the southerly line of said Waverly-Williamstown Road S. 70* 30′ E. 171 feet to a point in the westerly line of the land conveyed to the party of the second part by Ernest J. Fauss, Sr., and others, as aforesaid; thence with the westerly line of the said Fauss tract S. 17* 38′ W. 650.53 feet to a point; thence N. 71* 37′ W. 184.39 feet to a concrete monument in the easterly line of said private road; and thence with the easterly line of said private road N. 18* 52′ E. 653.22 feet to the place of beginning, containing 2.855 acres, more or less.
There is also hereby expressly granted and conveyed by the parties of the first part to the party of the second part an easement for surface water drainage from the land hereinbefore described over and across the adjacent tract of the parties of the first part lying between the southerly line of the land hereinbefore described and the northerly line of West Virginia State Route No. 2. Such drainage may be accomplished through an open ditch so long as improvements are not placed upon the said remaining land of the said parties of the first part. However, when improvements are placed thereon, such drainage shall be accomplished through drain tile to be installed by the party of the second part.
Fauss Tract
Union District Tax Map 100,
Parcels B2 and part B2A
Being in the Village of Waverly, District of Union, County of Wood and State of West Virginia, bounded and described as follows:
BEGINNING at a concrete monument in the southerly line of the Waverly-Williamstown Road, which said point is 100 feet, measured along said line of said road from the westerly line of the R. H. Ross Addition, and thence S. 17* 38′ W. 115 feet to a concrete monument; then S. 71* 37′ E. 100 feet to a concrete monument in the westerly line of the R. H. Ross Addition; thence S. 17* 30′ W. 533.84 feet to a concrete monument, also in the westerly line of the R. H. Ross Addition; thence N. 71* 37′ W. 175.25 feet to a point, corner to the land of James Prince Sharp; thence with the common line between this tract and the Sharp land N. 17* 38′ E. 650.53 feet to a point in the southerly line of the Waverly-Williamstown Road; and thence with said line of said road S. 70* 30′ E. 75.25 feet to the place of beginning, containing 2.345 acres, more or less.
There is also hereby expressly granted and conveyed by the parties of the first part to the party of the second part an easement for surface water drainage from the land hereinbefore described over and across the adjacent tract of the parties of the first part lying between the southerly line of the land hereinbefore described and the northerly line of West Virginia State Route No. 2. Such drainage may be accomplished through an open ditch so long as improvements are not placed upon the said remaining land of the said parties of the first part. However, when improvements are placed thereon, such drainage shall be accomplished through drain tile to be installed by the party of the second part.
DATE/TIME OF AUCTION SALE:
December 30, 2021, at 10:00 a.m.
PLACE OF AUCTION SALE: Parking lot of the former Waverly Elementary School, 422 Virginia Street, Waverly, West Virginia 26184.
TERMS OF SALE:
* The property is being conveyed in “as is” condition with no covenants of warranty other than there are no liens attached to the Board’s interest in title. All liability for hazards associated with the subject property must be assumed by the successful bidder. * Individuals or entities wishing to bid on the property must register by notifying the Contact below on or before 4:00 P.M., December 29, 2021.
* Bids over $3,000 require a letter of credit from a federally secured banking institution.
* At the auction, the successful bidder must deliver the letter of credit and a check from a federally secured banking institution equal to the amount of the successful bid(s). The check will be deposited into an escrow account until the Board votes to approve the bid(s) on the date and time below.
* After the Board votes on whether to approve the bid(s), the funds will be transferred to the Board and the deeds will be transferred to the successful bidder(s). The Board will cover costs of preparing and recording the deeds.
THE AUCTION: The property will be sold according to the terms of sale listed in the “Order” of the Circuit Court of Wood County, West Virginia, entered November 15, 2021, for Civil Action No. 21-P-150. Those terms include the following:
* Step 1 – The land emanating from the Sharp Tract will be auctioned off, exclusive of improvements, in accordance with W. Va. Code 18-5-7 (1961).
* Step 2 – The land emanating from the Fauss Tract will be auctioned off, exclusive of improvements, in accordance with W. Va. Code 18-5-7 (1961).
* Step 3 – If the land emanating from the Sharp Tract is purchased per W. Va. Code 18-5-7 (1961), then the improvements on the Sharp Tract will be auctioned to the highest bidder, present at the auction. At this step, if no one bids for the improvements on the Sharp Tract, then the improvements on the Sharp Tract shall pass to the individual(s) who purchased the Sharp Tract per W. Va. Code 18-5-7 (1961).
* Step 4 – If the land emanating from the Sharp Tract is not purchased per W. Va. Code 18-5-7 (1961), but the land emanating from the Fauss Tract is purchased per W. Va. Code 18-5-7 (1961), then the land emanating from the Sharp Tract and improvements thereon will be auctioned to the highest bidder, present at the auction.
* Step 5 – If the land emanating from the Fauss Tract is purchased per W. Va. Code 18-5-7 (1961), then the improvements on the Fauss Tract will be auctioned to the highest bidder, present at the auction. At this step, if no one bids for the improvements on the Fauss Tract, then the improvements on the Fauss Tract shall pass to the individual(s) who purchased the Fauss Tract per W. Va. Code 18-5-7 (1961).
* Step 6 – If the land emanating from the Fauss Tract is not purchased per W. Va. Code 18-5-7 (1961), but the land emanating from the Sharp Tract is purchased per W. Va. Code 18-5-7 (1961), then the land emanating from the Fauss Tract and improvements thereon will be auctioned to the highest bidder, present at the auction.
* Step 7 – If neither the land emanating from the Fauss Tract nor the Sharp Tract is purchased per W. Va. Code 18-5-7 (1961), then the land from both tracts will be deemed reunited; at that point, the entire property, including improvements will be sold to the highest bidder, present at the auction. The Board of Education is authorized to utilize other customary rules and practices necessary to achieve the fair and orderly auction of property, including, but not limited to, rejecting bids that are not appropriate and/or not in the best interests of the Board.
(See “Order.”) A copy of the Order is available for inspection with the Clerk of the Circuit Court of Wood County, West Virginia, or by making arrangements with the Contact listed below.
INSPECTION: The property to be sold may be inspected prior to the day of auction by making arrangements with the contact identified below.
FINAL APPROVAL: The highest responsible bidder(s) and his/her/their bid(s) will be presented to the Board of Education for consideration at a meeting anticipated to take place on January 11, 2022 @ 6:00 P.M. at Lubeck Elementary School, 206 Lubeck Road, Parkersburg, WV 26101.
RIGHT TO REJECT: The Board of Education also reserves the right to cancel or postpone the sale upon public announcement at the time and place set forth above.
“CONTACT” for THE BOARD OF EDUCATION OF THE COUNTY OF WOOD
Mike Fling, Assistant Superintendent, 304-420-9670 x119, [email protected]
THIS NOTICE APPROVED BY THE BOARD OF
EDUCATION: December 10, 2021.
Dec 15, 22, 29