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THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION
OFFERS AT
PUBLIC AUCTION
Surplus Real Property
Wednesday, October 14, 2015
10:30 A.M.
This auction offers properties located in the Towns of Ogden,
Geneseo, Big Flats, Erwin, Village of Horseheads and City of
Rochester
AUCTION LOCATION: New York State Department of Transportation
Regional Office 1530 Jefferson Road Rochester, NY 14623
REGISTRATION: Wednesday, October 14, 2015 9:30 a.m. to 10:30
a.m. at Auction Location STATE OF NEW YORK DEPARTMENT OF
TRANSPORTATION Andrew Cuomo, Governor
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TABLE OF CONTENTS
Information Auction Location
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3 General Information
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4 Terms and Conditions of Sale
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5-6 Questions and Answers
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7-8 Surplus Properties 04-III-750 – Northwest corner of Route 531
and Union Street- 0.831± acres .............. 9 04-III-807 – East
side of I-390, south of South Lima Rd - 14.255± acres
................... 10 04-III-808 - East side of I-390, south of
South Lima Rd - 26.988± acres ................... 11 04-III-502 –
Southwest corner of Goodman Street and I -490 – 1.75± acres
............... 12 04-III-665 – Southwest corner of Goodman Street
and Uhlen Place - 0.55± acres ..... 13 06-III-232 – Northeast side
of Hillview Drive and Daniel Zenker Drive – 1.385± acres.14
06-III-277 – Southside of Beartown Road and South Hamilton Street –
1.583± acres..15 06-III-297 – Southeast corner of I-86 and South
Main Street – 0.33± acres……….…..16 Forms
Bid Confirmation (sample only)
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17
Authorization to Bid
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18
Bidder Registration
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AUCTION LOCATION New York State Department of Transportation
Regional Office
Auction Location Map: New York State Department of
Transportation Regional Office 1530 Jefferson Road Rochester, NY
14623
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GENERAL INFORMATION
1. POLICY STATEMENT – In accordance with Section 30, Subdivision
18 of the New York State Highway Law, The New York State Department
of Transportation offers for sale at public auction property no
longer required for highway purposes. It is understood that any of
the properties being offered for sale are subject to withdrawal at
or before the date of the auction.
2. STANDARD TERMS AND CONDITIONS OF SALE – The Standard Terms
and Conditions of
Sale printed on pages 5-6 contain complete information on the
auction ’s terms. We urge you to read them carefully.
3. Auction Sale – This sale will be conducted as a public
auction. A bidder or his/her authorized
representative must register and be present to bid. A
Registration Form is provided in the rear of the brochure. Please
complete the form and bring it to the registration table on the
auction date at the time indicated for registration. In order to
register you must present, for inspection, a certif ied or
cashier’s check which is no less than the earnest money deposit
required for the property on which you intend to bid. Each deposit
requirement is referenced on the property description pages that
follow. At the time of registration, you will be presented with an
identif ication number that the auctioneer will refer to during the
bidding. YOU MUST HAVE REGISTERED AND RECEIVED AN IDENTIFICATION
NUMBER IN ORDER TO BID. Bids will be publicly and orally received.
The auctioneer will acknowledge the highest bidder. Immediately
upon being acknowledged as the highest bidder, the person will
precede to the closing table, present the appropriate deposit, and
execute a Bid Confirmation. (A sample is provided at the end of
this brochure)
4. SPECIAL REQUIREMENTS – AN AUTHORIZATION TO BID FORM must be
completed and
presented to the Department’s representative at the Registration
Table if the prospectiv e bidder is not the principal. (The
required form is provided at the end of this brochure.)
5. NON-COLLUSIVE BIDDING – It is i l legal for people to agree
at any time to hold down the
price(s) at auctions by not bidding against one another.
VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW. Every
successful bidder for real property auctioned by the New York State
Department of Transportation shall be required to subscribe to a
“NON -COLLUSIVE BIDDING” statement inc luded in the Bid
Confirmation. The statement shall be affirmed by the bidder as true
under the penalties of perjury.
6. ZONING & MAPS – Prospective purchasers are urged to
contact the following agencies for
information regarding the properties being offered at the public
auction:
A. To verify auction requirements, contact the New York State
Department of Transportation, Real Estate Group, Region Four, at
(585) 272-3447.
B. For information on zoning , contact the Towns of Ogden,
Geneseo, and the City of Rochester.
C. Original acquisition maps and conveyance maps wil l be
available for perusal at the New York State Department of
Transportation, Real Estate Division, 1530 Jefferson Road,
Rochester, NY 14623. (Please call in advance for an appointment
.)
7. The information in this booklet is available for the
convenience of pros pective purchasers and
is as accurate as can reasonably be provided. IT IS EMPHASIZED
THAT ANY OF THE PROPERTIES BEING OFFERED MAY BE WITHDRAWN
FROM SALE BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION ON
OR BEFORE THE DATE OF THE AUCTION
8. If a sign language interpreter, assistive listening system or
any other accommodation will be
required to facil itate your participation in this public
auction, please contact our Rochester Regional Office, at (585)
272-3447.
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TERMS AND CONDITIONS OF SALE
1. All properties being sold at public auction are being offered
pursuant to the New York State
Highway Law, Section 30, Subdivision 18. 2. The Commissioner of
Transportation reserves the r ight to reject any or all bids and
may re -
advertise for new bids if, in his opinion, the best interests of
the State of New York will thereby be promoted. In the event the
Commissioner exercises his r ight to reject any or all bids, the
high bidder shall be entit led only to the return of the sum paid
pursuant to the bid, and the parties shall be mutually released of
all obligations under the terms of the sale.
3. All bidders must be registered by a Department representative
prior to the auction. As a
deposit requirement and pre-requisite for registration,
prospective bidders must present a certified or cashier’s check for
the property or properties on which they intend to bid.
4. Bids will be publicly and orally received from registered
bidders or authorized representatives
present at the auction. An Authorization to Bid form must be
completed a nd presented to a Department representative at the
registration table if the bidder is not the principal.
5. A valid bid must equal or exceed the announced opening bid
price. 6. Immediately upon the conclusion of the bidding, the
highest acknowledged bidder must give
the State the required earnest money deposit in the form of a
certif ied check or cashier's check and execute a Memorandum of
Sale. The balance of the down payment will be required in the form
of a certif ied or cashier’s check within 10 days of the acceptance
of the bid. The remaining purchase price will be due and payable on
the date of closing and should be paid by certif ied or cashier's
check. Cash will not be accepted.
7. The State shall convey said property by Quitclaim deed in
form as prepared by the Attorney
General. The deed shall convey all property and property r ights
which are shown and described on the conveyance map(s). In the
event that the successful bidder wishes to use a different
description than that used in the conveyance map, the b idder shall
provide the State with a survey of the property; said survey shall
be certif ied by a l icensed surveyor and guaranteed to the State
of New York.
8. The closing will take place 30 to 45 days after notice by the
State that the Agreement of Sale
has been approved at a t ime and place mutually agreed upon by
the parties, TIME BEING OF THE ESSENCE as to the performance by the
purchaser. The State, at its sole discretion, reserves the r ight
to extend the date of the closing until it is prepared to deliver
the deed, it being understood, however, that the Purchaser will be
advised in advance, in writ ing, of any delay and extension.
9. The State shall convey said property subject to all zoning
laws and the Purchaser
understands that no representation is made by the State as to
future permitted use, occupancy or zoning of the property.
10. The Purchaser understands that all real property and the
improvements thereon, if any, are
sold in their "AS IS" condition on the date of auction, subject
to ordinary wear and tea r and deterioration which can reasonably
be anticipated from its condition at the time of auction to date of
closing.
11. The risk of loss or damage by fire or otherwise, between the
date of auction and the transfer
of t it le, shall be governed by Section 5-1311 of the General
Obligations Law of the State of New York.
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TERMS AND CONDITIONS OF SALE (continued)
12. In the event that the State is unable to convey tit le to
the Purchaser, the State's sole l iabil ity shall be to return the
Purchaser's down payment and the sale shall be considered
cancelled.
13. Upon default by Purchaser, the State may elect to enforce
specif ically the obligations of the
Purchase or to terminate the obligations of the Purchaser and
retain as liquidated damages any payments made hereunder by
Purchaser. If such payments are inadequate to compensate the State
for damages, the State may exercise its r ights to sue for damages
for Purchaser's default. Notice of such election by the State shall
be in writing and delivered to Purchaser by registered mail.
14. The Purchaser may not enter upon the property prior to
transfer of t it le without prior written
permission of the State. 15. The Purchaser shall pay for any
documentary stamps required to be affixed to the deed as
well as any fees for recording, conveyance, taxes or revenue
charges which may be in force at the time of the delivery of the
deed.
16. The State shall not be liable for payment of brokerage
commissions. 17. No assignment of the purchase will be recognized
by the State. 18. Purchaser understands that the sale is subject to
the following:
A. All enforceable covenants, conditions, easements,
restrictions, reservation s and agreements of record affecting the
property
B. Any state of facts an inspection of the premises may show C.
Any state of facts an accurate survey may disclose D. Laws and
governmental regulations which affect the use and occupancy of
subject
premises E. The rights of tenants and persons in possession, if
any F. Encroachments, if any
19. The terms and conditions of sale shall constitute the entire
Agreement made between the
parties and cannot be changed orally. 20. Non-Collusive Bidding:
It is i l legal for people to agree at any time to hold down the
pric e(s) at auctions by not bidding against one another. Violators
will be prosecuted to the full extent of th e law. Every successful
bidder for property auctioned by the New York State Department of
Transportation shall be required to subscribe to a "Non-Collusive
Bidding" statement which is to be included in the Bid Confirmation
of the property. The statement s hall be affirmed by the bidder as
true under the penalties of perjury. By signing the Bid
Confirmation, each bidder and each person signing on behalf of any
bidder certif ies, under the penalty of perjury, that to the best
of his knowledge and belief:
A. The bid price had been made independently without collusion,
consultation, communication, or agreement, for the purpose of restr
icting competit ion, as to any matter relating to such bid with any
other bidder or with any competitor;
B. No attempt has been made to induce any other person,
partnership, or corporation to bid
or not to bid for the purpose of restr icting competit ion.
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QUESTIONS AND ANSWERS
Q: What is the present zoning for these parcels?
A: THE STATE OF NEW YORK MAKES ABSOLUTELY NO REPRESENTATIONS
REGARDING THE ZONING OF THE PARCELS OFFERED, OR THE SUITABILITY OF
THE PARCELS FOR PARTICULAR INDIVIDUAL NEEDS. It is the responsibil
ity of the prospective bidders as competent, reasonable and prudent
auction participants to investigate all zoning and local ordinances
with the appropriate and proper local authorit ies prior to
bidding. Zoning is a local matter and is beyond the State’s
control. WE URGE YOU TO CONTACT THE APPROPRIATE MUNICIPALITY FOR
INFORMATION CONCERNING ZONING.
Q: What is the minimum I can bid? A: The minimum bid for each
property is listed individually, along with a photograph and
sketch, found in the succeeding pages of this brochure.
Q: If there are no bidders on a parcel at this sale, will the
parcel come up for sale again? A: If no bids are made, the parcel
may be re-evaluated and may be re-offered at public auction at a
future date.
Q: I am the successful bidder on a parcel. However, the property
is presently occupied. How do I claim possession? A: You are not
legally the owner of the property until the tit le has closed and
you have received the deed. If the property is sti l l occupied at
the time of closing, you will become responsible for claiming
possession in whatever legal manner you may deem necessary. All
properties are sold subject to the existing occupancy.
Q: How much money is due on the day of the auction? A: When you
register, you must have in your possession , and display to the
Department’s representative, a certif ied or cashier’s check for no
less than the amoun t of the earnest money deposit required for
each parcel. Immediately at the conclusion of the bidding for each
property, you must pay the appropriate deposit in the form of a
certif ied or cashier’s check and execute a Bid Confirmation.
Q: When and where do I register? A: Registration will begin at
the auction sit e at the time listed on the front cover of this
brochure. Please complete the enclosed BIDDER REGISTRATION FORM and
bring it to the registration desk, along with your certif ied or
cashier’s check(s) during the time allocated for registration.
EVERY PROSPECTIVE BIDDER MUST BE REGISTERED IN ORDER TO BID .
Q: Is a personal check or cash acceptable? A: No. All payments
must be made by a certif ied or cashier’s check payable to the New
York State Department of Transportation.
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QUESTIONS AND ANSWERS (continued)
Q: What is a Bid Confirmation? A: It is a form, which when
executed, acknowledges you as the high bidder of a property,
binding you to the TERMS AND CONDITIONS OF SALE provided on pages 5
-6.
Q: When must I pay the balance due on the purchase of this
property? A: The entire balance must be paid on the date of closing
which should occur within 90 days of the date of auction. The
balance must be in the form of a CERTIFIED OR CASHIER’S CHECK. Cash
w il l NOT be accepted. The closing will take place at a time and
place mutually agreed upon between the parties.
Q: May I bid for someone else? A: Yes, as along as you are
authorized to do so, and have presented a complete d AUTHORIZATION
TO BID FORM, at registration. The form is included in this
brochure.
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SURPLUS PROPERTY 04-III-750
This offering, Map 4-C, Parcel 470, is located on the northwest
corner of State Route 531 State Route 259 (Union Street) . This
parcel consists of 0.831± acres. Access to State Route 531 and
Union Street will be prohibited. Access to this parcel will only be
provided through an abutting property. 0.831± Acres Town of Ogden
Monroe County
PRICE AT WHICH BIDDING WILL COMMENCE: $27,000 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $2,700 NOTE: Balance of deposit due
within 10 days of bid acceptance, must equal or exceed 10% of the
total bid less the earnest money.
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SURPLUS PROPERTY 04-III-807
This offering is located on the east side of I -390 just south
of South Lima Road in the Town of Geneseo. This parcel consists of
14.255± acres. Please note that this parcel is landlocked and
access will not be provided by the NYSDOT. 14.255± Acres Town of
Geneseo Livingston County
PRICE AT WHICH BIDDING WILL COMMENCE: $5,600 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $600 NOTE: The successful bidder will
be responsible for preparation of a conveyance map to NYSDOT
standards. Balance of deposit due within 10 days of bid acceptance,
must equal or exceed 10% of the total bid less the earnest
money.
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SURPLUS PROPERTY 04-III-808
This offering, Map 1047-D, Parcel 1094, is located along the
east side of I -390 and south of South Lima Road in the Town of
Geneseo. This parcel consists of 25.988± acres. Please note that
this parcel is landlocked and road access will not be provided by
the NYSDOT 25.988± Acres Town of Geneseo Livingston County
PRICE AT WHICH BIDDING WILL COMMENCE: $10,400 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $1000 NOTE: Balance of deposit due
within 10 days of bid acceptance, must equal or exceed 10% of the
total bid less the earnest money.
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SURPLUS PROPERTY 04-III-502 This offering is located on the
northwest corner of Goodman Street and Uhlen Place. Please note
that access to I-490 and Goodman Street will be prohibited. This
conveyance will consist of Map 367, Parcels 369 & 371 and Map
370, Parcel 420. 1.75± Acres City of Rochester Monroe County
PRICE AT WHICH BIDDING WILL COMMENCE: $215,000 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $21,500 NOTE: Balance of deposit due
within 10 days of bid acceptance, must equal or exceed 10% of the
total bid less the earnest money.
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SURPLUS PROPERTY 04-III-665
This offering is located on the southwest corner of Goodman
Street and Uhlen Place. This conveyance will consist of Map 367,
Parcels 370 & 372 and Map 616, Parcel 696 0.55± Acres City of
Rochester Monroe County
PRICE AT WHICH BIDDING WILL COMMENCE: $68,000 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $6,800 NOTE: The successful bidder will
be responsible for providing survey work to determine the exact
location of the fire hydrant and electrical box, located along
Goodman Street, in relation to the surplus parcel. The successful
bidder will be responsible for the preparation of any necessary
grant of easement maps to the City of Rochester and/or Monroe
County for existing public utility infrastructure. Maps must
conform to Department standards. Balance of deposit due within 10
days of bid acceptance, must equal or exceed 10% of the total bid
less the earnest money.
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SURPLUS PROPERTY 06-III-232
This offering is located on the northeast side of the
intersection of Hillview Drive and Daniel Zenker Drive in the Town
of Big Flats. The parcel is irregular in shape and consists of
1.385± acres. 1.385± Acres Town of Big Flats Chemung County
PRICE AT WHICH BIDDING WILL COMMENCE: $43,200 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $2,160
APPROXIMATLEY 1.4 LEVEL ACRES IN A MULTI-FAMILY DWELLING AND
BUSINESS ZONED AREA. CLOSE TO MAJOR TRANSPORTATION FACILITIES
(ELMIRA-CORNING REGIONAL AIRPORT & I-86). NOTE: The successful
bidder would be responsible for preparation of a conveyance map to
NYSDOT Standards. Also the successful bidder will be responsible
for the preparation of a grant of easement map to NYSEG for the gas
line. Balance of deposit due within 10 days of bid acceptance, must
equal or exceed 10% of the total bid less the earnest money. If no
bid is received which equals or exceeds the establishe d upset
price, the Commissioner of Transportation reserves the r ight to
re-open bidding at that t ime and consider a lower opening bid.
This surplus property is being sold subject to a permanent
easement for a gas line.
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SURPLUS PROPERTY 06-III-277 This offering is located on the
south side of the intersection of Beartown Road and South Hamilton
Street in the Town of Erwin. The parcel is irregular in shape and
consists of 1.583± acres. 1.583± Acres Town of Erwin Steuben
County
PRICE AT WHICH BIDDING WILL COMMENCE: $270,000 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $13, 500
1.6 LEVEL ACRES IN A CORNING-PAINTED POST COMMERCIAL AREA.
ACCESS THRU EXISTING SIGNALIZED INTERSECTION. AVAILABLE UTILITIES
INCLUDE SEWER, WATER, ELECTRIC, NATURAL GAS, TELEPHONE AND CABLE
TV. CLOSE TO I-99. NOTE: Balance of deposit due within 10 days of
bid acceptance, must equal or exceed 10% of the total bid less the
earnest money. If no bid is received which equals or exceeds the
established upset price, the Commission er of Transportation
reserves the r ight to re-open bidding at that t ime and consider a
lower opening bid. The Region 6 Right-of-Way Mapping Department
will prepare all required maps, which includes a fee title
conveyance map of the subject property, a gra nt of a permanent
easement (Map 156-C, Parcel 209) to the Town of Erwin for drainage
proposes, and a grant of a permanent easement (Map 156-C, Parcel
207) to the Town of Erwin for a sewer l ine. This surplus property
is being sold subject to a permanent eas ement to the Town of Erwin
for a sewer line and drainage. This surplus property will be sold
subject to the Town’s scenic enhancement easement. Property access
to the parcel wil l be allowed from South Hamilton Street. Access
will not be allowed to the parcel from I-99.
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SURPLUS PROPERTY 06-III-297
This offering is located on the south side of the Southern Tier
Expressway, east of South Main Street in the Village of Horseheads.
The parcel is rectangular in shape and consists of .33± acres. .33±
Acres Village of Horseheads Chemung County
PRICE AT WHICH BIDDING WILL COMMENCE: $88,000 EARNEST MONEY
REQUIRED AT DAY OF AUCTION: $4,400
ONE-THIRD ACRE PARCEL IN A VILLAGE OF HORSEHEADS COMMERCIAL
DISTRICT. PROPERTY IS IMPROVED WITH A CONCRETE BLOCK FORMER
MINI-MART BUILDING OF APPROXIMATELY 1,700 SQ. FT. NEXT TO I -86
INTERCHANGE. AVAILABLE UTILITIES INCLUDE SEWER, WATER, ELECTRIC,
NATURAL GAS, TELEPHONE AND CABLE TV. NOTE: A conveyance map will be
prepared by the Region 6 Right -of-Way mapping group. Balance of
deposit due within 10 days of bid acceptance, must equal or exceed
10% of the total bid less the earnest money. If no bid is received
which equals or exceeds the established upset price, the
Commissioner of Transportation reserves the r ight to re-open
bidding at that t ime and consider a lower opening bid.
No access will be permitted to I -86 and/or the I-86 entrance
ramp adjoining the north side of the parcel. No access will be
permitted at the northerly half of the subject property
(approximately 70 feet) along South Main Street.
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BID CONFIRMATION
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
For Property Auctioned on _________________
Identif ied as Map _________, Parcel ________
Project: ________________________________
_________________________________County
(I) (We) hereby acknowledge that (I) (we) have this day
purchased by public auction the premises described as property
__________ in the Surplus Property Brochure (or Bid Package) for
the sum of $__________ dollars . (I) (We) hereby agree to comply
with the Terms and Conditions of Sale as included in the Surplus
Property Brochure (or Bid Package), having paid to the State the
sum of $__________ dollars on account toward the purchase price.
(I) (We) further agree to forfeit said deposit to the use of the
seller should (I) (we) fail to comply with the Terms and Conditions
of Sale as defined in the Surplus Property Brochure (or Bid
Package).
Bidder’s Name (please print legibly):
_________________________________________________ Street Address:
__________________________________________________________________
City: __________________State: ____________ Zip: ____________ Phone
#: _______________
1. Total Amount of Bid $___________ 2. Less Earnest Money
Deposit (if applicable) $___________ 3. Remaining Balance
$___________ 4. Less Remaining Down Payment $___________
(due within 10 days of Bid Acceptance)*
5. Balance Due at Closing** $___________ * Items 2 and 4 must
equal 10% of the Total Bid (or Sale Price) **Item 5 must equal 90%
of the Total Bid (or Sales Price) By signing the Bid Confirmation,
each bidder and each person signing on behalf of any bidder certif
ies, under penalty of perjury, that to the best of their knowledge
and belief:
A. The bid price had been made independently without collusion,
consultation, communication or agreement, for the purpose of restr
icting competit ion, as to any matter relating to such bid with any
other bidder or with any competitor.
B. No attempt has been made to induce any other person,
partnership or corporation to bid or not to bid for the purpose of
restr icting competit ion.
_________________________ __________ ___________________________
Signature Date For (business name if applicable)
_________________________ _________________________ NOTARY PUBLIC
COUNTY OF
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_________________________ _________________________ STATE OF
DATE
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AUTHORIZATION TO BID
ON SURPLUS REAL PROPERTY OFFERED BY THE
NEW YORK STATE DEPARTMENT OF TRANSPORTATION I
___________________________________________________ hereby
authorize (print name of bidder-principal)
___________________________________________________ to bid on my
behalf (print name of bidder in attendance)
at public auction for the following properties: Please identify
below the parcel(s) on which authorization is given. Limiting
Instructions (if none, so state):
----------------------------------------------------- Witness Name:
-------------------------------------------------------------------------------------
Witness Signature:
---------------------------------------------------------------------------------
Signature of bidder-principal:
-------------------------------------------------------------------
Company:
-------------------------------------------------------------------------------------------
Address:
---------------------------------------------------------------------------------------------
Phone Number:
------------------------------------------------------------------------------------
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BIDDER REGISTRATION FORM All bidders must complete and submit
this form during the registration period on the day of the auction.
At that time, a Department representative will collect this form
and inspect your certified or cashier’s check(s). Cash will not be
accepted. If acceptable, you will be presented a number that will
identify you as a valid bidder. The check(s) must be of equal or
greater value than the earnest money deposit required for the
property(ies) you are bidding on. (Please type or print clearly)
Your Name:
_________________________________________________________ Name of
Company, if any, you represent: _______________________________
Your Address (if bidding on behalf of yourself) Street:
_____________________________________________________________ City:
__________________ State: _______________ Zip: _______________
Phone:
_____________________________________________________________
For Internal Office Use Only
Amount of Check Bank Check # Parcel #
$
$
$
$
$
Bidder Identification # (to be distributed at auction):
_______________________