Marshall, Ohio

Public Notice

NOTICE OF SALE
(26th Street Property – Former Alternative
Learning Center 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 10 0’clock a.m., on the 7th day of June, 2021, at the former Alternative Learning Center, located at 103-26th Street, Wells- burg, 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 former Alternative Learning Center, including and together with all of its right, title and interest in and to any and all improvements, including any buildings located thereon, and the appurtenances thereunto belonging, situate in the City of Wellsburg, Cross Creek District, Brooke County, West Virginia, which real estate is more particularly described as follows:
Lots No, Two (2) and Four (4), All those certain lots or parcels of land situate in Cross Creek District, Brooke County, West Virginia, known and designated as Lots Nos. Two (2) and Four (4) of the Lazearville Plan of Lots (now Fourth Ward of the City of Wellsburg), which said plan is recorded in the office of the Clerk of the County Court of Brooke County, West Virginia, in Deed Book No. 23, page 48. The lots hereby conveyed are more particularly bounded and described as follows to-wit: On the North by an alley; on the East by the County Road; on the South by 26th Street of the City of Wellsburg and on the West by Lot No. Six (6) of said plan of lots.
Being the same property conveyed to the Board of Education of the Independent District of Wellsburg, in the County of Brooke, a corporation, by the County Court of Brooke County, a corporation existing under and by virtue of the laws of the State of West Virginia, by deed dated June 9, 1921, of record in the aforesaid County Clerk’s Office in Deed Book 50, page 484, and designated as Tax Parcel Identification Nos. 7-W22F-274 and 7-W22F-273.
Lot Nos. Six (6) and Eight
All of two certain lots or parcels of land situate in the Lazearville addition in City of Wellsburg, Brooke County, West Virginia and designated on the general plan of the said Lazearville Addition (formerly town of Lazearville) as lots numbers Six and Eight (6 & 8). Reference is hereby made to the general plan of said Lazearville addition as appearing of record in the County Clerk’s Office in Brooke County, West Virginia, in Deed Book number 23 page 48. Said lots lie contiguous and form one parcel of land bounded on the North by an alley; on the East by lot number 4; on the South by 26th (formerly 6th) Street, and on the West by lot number 10. Being the same property conveyed to the Board of Education of the Independent District of Wellsburg in the County of Brooke by Mary E. Hall (widow of A, C. Hall) in her own right and Mary E. Hall and Fred L. Hall, Executors of the Estate of A. C. Hall, deceased, by deed dated June 5, 1911, of record in the aforesaid County Clerk’s Office in Deed Book 40, page 59, and designated as Tax Parcel Identification Nos. 7-W22F-272 and 7-W22F- 271.
Lot No. Ten 10
Lot No. Ten (10) in the plan of land known and designated as Lazearville, being a part of the parcel conveyed by George Cox, Sr., at his decease, in Cross Creek District, Brooke County, West Virginia, said lot measuring fifty feet front and extending back one hundred feet, which will fully appear by reference to the record of said plan on page 48 of Deed Book No. 23, in the County Clerk’s office of said county. Being the same property conveyed to the Board of Education for the Independent School District of Wellsburg in Brooke County, West Virginia, by John C. Reeves and Sarah B. Reeves, his wife, by deed dated August 6, 1881, of record in the aforesaid County Clerk’s Office in Deed Book 24, page 360, and designated as Tax Parcel Identification No. 7-W22F-270,
Lot No. Twelve (12):
Lot No. Twelve (12) in the plan of land known and designated as Lazearville, being a part of the parcel conveyed by George Cox, Sr., at his decease, in Cross Creek District, Brooke County, West Virginia, said lot measuring fifty feet front and extending back one hundred feet, which will fully appear by reference to the record of said plan in Deed Book No. 23 on page 48 of the records of Brooke County.
Being the same property conveyed to the Board of Education for the Independent School District of Wellsburg, W. Va., by J. M. Duval and Catherine Duval, his wife, by deed dated August 18, 1881, of record in the aforesaid County Clerk’s Office in Deed Book 24, page 322, and designated as Tax Parcel Identification No. 7-W22F-269, By virtue of West Virginia Code Chapter 18, Article 1, Section 3, all magisterial school districts and independent school districts were abolished, and the Board of Education of the Independent District of Wellsburg, Brooke County, West Virginia, became the Board of Education of the County of Brooke, West Virginia.
The aforesaid properties, together with any and all improvements (including the aforesaid school building) located thereon, and the appurtenances there- unto 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 $250,000.00. 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) 7373481, extension 221.

THE BOARD OF
EDUCATION OF THE COUNTY OF BROOKE
By: Theodore Pauls
President
Int. May 21, 28. June 4, 2021