NOTICE OF SALE
(Beech Bottom Primary 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 9 o’clock a.m., on the 31st day of March, 2020, at the former Beech Bottom Primary School, located at High Street, Beech Bottom, 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 Beech Bottom Primary 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 Beech Bottom, Buffalo District, Brooke County, West Virginia, which real estate is more particularly described as follows:
Beginning at a point in the northerly line of Fourth Street, said point of beginning being located S 68* 57′ E 170.00 feet along said northerly line of Fourth Street from its point of intersection with the easterly line of High Street, said streets being shown on an unrecorded plan of a subdivision of Wheeling Steel Corporation property, titled “Lot Plan Beech Bottom Subdivision Brooke County, Buffalo District, West Virginia”, dated May 1952, Scale – one inch equals fifty feet (1″ = 50′), prepared by C. C. Smith’s Sons, Engineers, Inc., Wheeling, West Virginia, said point of beginning also being the southeasterly corner of the 1.24 acres tract of land conveyed by Whitaker – Glessner Company and Beech Bottom Land Company to the Board of Education of the District of Buffalo in the County of Brooke, by deed dated August 30, 1920, and of record in the Office of the Clerk of the County Court of Brooke County, West Virginia, in Deed Book No. 50, Page 54; thence from said place of beginning N 21* 03′ E 365.60 feet along the easterly line of said 1.24 acres tract of land, to the southerly line of Third Street, as shown on said Plan; thence with said southerly line of Third Street the following two (2) courses and distances, viz: (1) N 81*48′ E 79.30 feet to a point, and (2) with a curve to the right, having a radius of 322.24 feet, the chord of which curve bears S 89* 05′ 20″ E 102.50 feet, the arc distance of 102.48 feet to a concrete monument at the intersection of said southerly line of Third Street with the westerly line of a 30 foot Lane, as shown on said Plan; thence S 21* 03′ W 439.49 feet along said westerly line of said 30 foot Lane to a concrete monument at its intersection with the northerly line of Fourth Street; thence with said Northerly line of Fourth Street N 68* 57′ W 170.00 feet to the place of beginning, containing 1.543 Acres, more or less.
EXCEPTING AND RESERVING, however, herefrom and hereout, all of the coal in and underlying the foregoing described parcel of land, together with the free and uninterrupted right and right of way into and under said parcel of land at such points and in such mariner and at such times as the owner of the coal may desire for the purpose of digging, mining, removing and carrying away all or any portion of the coal in and underlying said parcel of land, without being required to leave any coal in place or otherwise to provide for the support of the overlying strata or surface or anything therein, thereon or thereunder and without being liable for any injury to the overlying strata or surface or anything therein, thereon or thereunder by reason of the mining and removing of all or any portion of said coal, or of coal adjacent thereto, and with the right to ventilate, drain and mine, remove and carry away through the said coal, any adjoining or other coal now owned or that may hereafter be acquired by the owner of the coal and with the right to construct and maintain ways or passages through the said coal for the transportation, transmission or conducting of any and all other things which the owner of the coal may desire to use in mining the said coal or any adjoining or other coal now owned or hereafter acquired by the owner of the coal.
FURTHER, EXCEPTING AND RESERVING, however, herefrom and hereout all oil and gas in, on and under said parcel of land, together with the perpetual right to drill for, explore and remove the same;
and being the same property conveyed to The Brooke County Board of Education by deed dated October 29, 1952, from Wheeling Steel Corporation, a corporation organized and existing under and by the virtue of the laws of the State of Delaware, having an office in the City of Wheeling, Ohio County, West Virginia and of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 113, at page 158.
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 $1.00. 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