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PUBLIC AUCTION

Thursday July 27, 2017

10:00 am

The New York State Department of Transportation offers surplus real

property for sale by public auction.

AUCTION LOCATION: Charles D. Henderson – William T. Smith

State Office Building 1st Floor Conference Room

107 Broadway (SR 36) Hornell, NY 14843

REGISTRATION: Thursday, July 27, 2017 9:00 a.m. to 10:00 a.m. Auction will begin promptly at 10:00 am PROPERTIES FOR SALE: 06-III-297: South Main Street, Village of Horseheads, Chemung County 06 –III-332: State Route 36, City of Hornell, Steuben County

State of New York Department of Transportat ion Andrew M. Cuomo, Governor

Matthew J. Driscol l , Commissioner Brian C.Kelly, P.E. Regional Director

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TABLE OF CONTENTS

Information Auction Location ................................................................................................... 3 General Information ............................................................................................. 4 Terms and Conditions of Sale ............................................................................. 5-6 Frequently Asked Questions ............................................................................... 7-8 Surplus Properties 06-III-297 – I-86 and South Main St, Village of Horseheads - 0.33±acres ................ 10 06-III-332 – State Route 36 South, Hornell City –0.696±acres ................................ 13 Forms

Bid Registration Form (required) .......................................................................... 15

Authorization to Bid ............................................................................................ 16

Sample - Bidder Confirmation .............................................................................. 17

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AUCTION LOCATION New York State Department of Transportation

Charles D. Henderson – William T. Smith State Office Building

107 Broadway is located off Buffalo Street and Loder Street. Please park in the

spaces entit led “Vis itor” in lot by Hornell Police Department (intersection of

Broadway/Loder). If full, please park on the street along Loder Street (which runs

in front of the Hornell State Office Building). There is NO Vistor parking in lot

directly adjacent to the State Office Building. The building entrance is at the south

end of the building (closest to Broadway). Photo identif ication is required to enter

the building.

Via I-86:

Take I-86 to Exit 34S (Hornell). Travel south along State Route 36 through 9 traffic

lights. Before the 10 th traffic light, there will be a right turn slip ramp with a green

sign that indicates “State Office Building” and turn right. At the stop sign, turn left

onto Buffalo Street. Look for Broadway on the left. The parking area is to the left

of Broadway.

O Charles D. Henderson – Wil l iam T. Smith State Office Building 1

s t Floor Conference Room

107 Broadway Hornell, NY 14843

Location of Public Parking

Cass St

Buffalo St.

Maple City Drive N. (NYS Rt. 36)

Loder St.

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GENERAL INFORMATION

1. POLICY STATEMENT – In accordance with Sect ion 30, Subdivis ion 18 of the New York State Highway Law, the New York State Department of Transportat ion offers for sale by publ ic auct ion property no longer required for highway purposes. I t is understood that any of the properties being offered for sale are subject to withdrawal on or before the date of the auction.

2. STANDARD TERMS AND CONDITIONS OF SALE – The Standard Terms and Condit ions of Sale printed

on pages 5-6 contain complete information on the auct ion’s terms. We urge you to read them carefully. 3. Auct ion Sale – This sale wil l be conducted as a publ ic auct ion. Bidders or their authorized

representat ive(s) must register and be present to bid. A Bidder Registrat ion Form is provided on page 14 of this brochure. Al l bidders must complete the Bidder Registrat ion Form, and bring i t to th e registrat ion table during the designated registrat ion t ime (9:00am – 10:00am) on the date of the auct ion.

When registering, you must present for inspect ion, a cert i f ied or cashier’s check for no less than the amount of the required earnest money deposit for the property on which you intend to bid. Checks must be payable to: NEW YORK STATE DEPARTMENT OF TRANSPORTATION. The deposit requirements for each property are stated on the property descript ion pages in this brochure. When you register, you wi l l be given an ident i f icat ion number that the auct ioneer wil l refer to during the bidding. You must be registered and have received an identi fication number in order to bid. Bids wil l be public ly and oral ly received. The auct ioneer wil l acknowledge the highest b idder. Immediately upon being acknowledged as the highest bidder, the bidder is to proceed to the closing table; present the appropriate deposit ; and execute a Bid Confirmation (a sample is on page 16 of this brochure).

4. SPECIAL REQUIREMENTS – AN AUTHORIZATION TO BID FORM must be completed and presented to the Department’s representat ive at the Registrat ion Table i f the prospect ive bidder is not the principal. (The required form is provided on page 15 of this brochure.)

5. NON-COLLUSIVE BIDDING – I t is i l legal for people to agree, either before or after the bidding, to hold

down the price(s) at auct ions by not bidding against one another. VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW. Every successful bidder for real property auct ioned by the New York State Department of Transportat ion shall be required to subscribe to a “NON -COLLUSIVE BIDDING” statement included in the Bid Confi rmation. The statement shal l be aff irmed by the bidder as true under the penalt ies of perjury.

6. ZONING & MAPS – Prospect ive purchasers are urged to contact the fol lowing agencies for information

regarding the propert ies being offered at the public auct ion:

A. To verify auction requirements , contact the New York State Department of Transportat ion, Off ice of Right-of-Way, at (607) 324-8497. Information is also avai lable on-l ine at: www.dot.ny.gov/r6surplus

B. For information on zoning , contact the municipal i ty in which the property is located. Vi l lage of Horseheads – (607) 739-5691, opt ion #2 (http:/ /horseheads.org/uploads/Govt/2008zoningmap.pdf) City of Hornel l - (607) 324-7421 (https:/ / i rp-cdn.mult iscreensite.com/7937b567/f i les/uploaded/zoningmap.pdf )

C. Conveyance maps and sketches are available on-line at www.dot.ny.gov/ r6surplus

7. The information in this booklet is avai lable for the convenience of prospect ive purchasers and is as accurate as can reasonably be provided. I t is emphasized that any of the propert ies being offered may be withdrawn from sale on or before the date of auct ion.

8. Accessibi l i ty: The auct ion wi l l be held in an accessible bui lding. However, on -site parking is l imited. Please cal l (607) 324-8497, i f a sign language interpreter, assist ive l istening system, or any other accommodation wil l be required to faci l i tate your part ic ipat ion in this publ ic auct ion.

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TERMS AND CONDITIONS OF SALE

1. All properties being sold at public auction are being offered pursuant to New York State Highway Law, Section 30, Subdivision 18.

2. The Commissioner of Transportation reserves the r ight to reject any or al l bids , and

may re-advertise for new bids if, in his opinion, the best interests of the State of New York wil l thereby be promoted. In the event the Commissioner exercises his right to reject any or al l 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 al l obligations under the terms of the s ale.

3. All bidders must be registered by a Department representative prior to the auction. As a

pre-requisite for registration, prospective bidders must present a certif ied or cashier’s check covering the earnest money deposit required for the property or p roperties on which they intend to bid.

4. Bids wil l be publicly and orally received from registered bidders or authorized

representatives present at the auction. If the bidder is not the principal, an Authorization to Bid form must be completed and presented to a Department of Transportation representative when registering to bid.

5. A valid bid must equal or exceed the minimum acceptable bid. 6. Immediately upon the conclusion of the bidding, the highest acknowledged bidder must

remit the required earnest money deposit to the Department of Transportation, and execute a Bid Confirmation. The balance of the down payment wil l be required within 10 days of the acceptance of the bid, and must equal or exceed 10% of the total bid (purchase price) less the earnest money deposit. The remainder of the purchase price wil l be due and payable on the date of closing. All payments must be made by certif ied or cashier’s check, payable to: NEW YORK STATE DEPARTMENT OF TRANSPORTATION. 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 rights which are shown and described on the conveyance map(s).

In the event that the successful bidder wishes to use a di fferent description than that used in the conveyance map, the bidder 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 wil l take place 30 to 45 days after notice by the State that the Agreement of

Sale has been approved at a time and place mutually agreed upon by the parties, TIME BEING OF THE ESSENCE as to the performance by the purchaser. The State, at i ts sole discretion,

reserves the right to extend the date of the closing unti l i t is prepared to deliver the deed, it being understood, however, that the Purchaser wil l 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 al l 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 tear and deterioration which can reasonably be anticipated from its condition at the time of auction to date of closing.

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TERMS AND CONDITIONS OF SALE (continued) 11. The risk of loss or damage by fire or otherwise, between the date of auction and the

transfer of t i t le, shall be governed by Section 5 -1311 of the General Obligations Law of the State of New York.

12. In the event that the State is unable to convey ti t le to the Purchaser, the State's s ole

l iabil i ty 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 specifically the obligations of

the Purchase or to terminate the obligations of the Purchas er and retain as l iquidated 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 writ ing and delivered to Purchaser by registered mail.

14. The Purchaser may not enter upon the property prior to transfer of t i t le without prior written permission of the State.

15. The Purchaser shall pay for any documentary stamps required t o 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 l iable for payment of brokerage commissions. 17. No assignment of the purchase wil l be recognized by the State. 18. Purchaser understands that the sale is subject to the fol lowing:

A. All enforceable covenants, conditions, easements, restrictions, reservations 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, i f any F. Encroachments, i f 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 either before or after the bidding to hold down the price(s) at auctions by not bidding against one another. Violators wil l be prosecuted to the ful l extent of the 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 shall 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 restricting 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 restricting competit ion.

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FREQUENTLY ASKED QUESTIONS

Q: What is the present zoning for these parcels?

A: The State of New York makes absolutely no representations regarding the zoning of the properties offered for sale, or the suitabil i ty of the properties for part icular individual needs. It is the responsibil i ty of the prospective bidders as competent, reasonable and prudent auction participants to investigate all zoning and local ordinances with the appropriate and proper local authorities 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 , along with the required earnest money deposit and a sketch of the property, can be found with the property information in 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 unti l 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 wil l 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 amount of the earnest money deposit . Immediately at the conclusion of the bidding for each property, the successful bidder must pay the appropriate deposit in the form of a certif ied or cashier’s check and execute a Bid Confirmation. Check(s) for the earnest money deposit must be payable to: NEW YORK STATE DEPARTMENT OF TRANSPORTATION.

Q: When and where do I register? A: Registration wil l begin at the auction site , and wil l begin at the time listed on the front cover of this brochure. Please complete the Bidder Registration form found on page 14 in this brochure. Bring it to the registration desk, along with your certif ied or cashier’s check(s) to cover the earnest money deposit(s), during the time allocated for registration.

Q: Is a personal check or cash acceptable?

A: No. All payments must be made by a certif ied or a cashier’s check , payable to: NEW YORK STATE DEPARTMENT OF TRANSPORTATION

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FREQUENTLY ASKED QUESTIONS (continued)

Q: What is a Bid Confirmation?

A: It is a form, which when executed, acknowledges you as the high bidder for a property and binds you to the Terms and Conditions of Sale provided on pages 4-6 in this brochure.

Q: When must I pay the balance due on the purchase of this property?

A: The balance of the down payment must be paid within ten (10) days of acceptance of the bid when you execute the Agreement of Sale. The remaining balance of the purchase price wil l be due and payable on the date of closing. All payments must be made by certif ied or cashier’s check, payable to: NEW YORK STATE DEPARTMENT OF TRANSPORTATION. Cash wil l not be accepted.

Q: May I bid for someone else? A: Yes, as long as you are authorized to do so, and have presented a completed Authorization to Bid at registration. An Authorization to Bid form can be found on page 15 of this brochure.

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Location Map – Chemung County

Surplus Property 06-III-297 I-86 and South Main Street Vil lage of Horseheads

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SURPLUS PROPERTY 06-III-297 Minimum Acceptable Bid: $60,000 Earnest Money Deposit : $3,000 Location: South of I-86, East of South Main Street, Vil lage of Horseheads, Chemung

County Description: A 0.33± acre, rectangular shaped property with 80.2+/- feet of frontage along

the east side of South Main Street. The property is improved with a concrete block former mini-mart building of approximately 1,700 sq ft. This property was the site of a former gas station. Environmental remediation work has been done. The parcel is being sold as is. Please see the February 2008 letter from the NY State Department of Environmental Conservation on page 11 of this brochure.

Terms and Conditions: A conveyance map will be prepared by the Region 6 Right -of-Way mapping group Buyer will be responsible for the replacement of the ROW fence (or suitable decorative barrier). 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 along 70+/- feet along the northerly half of the subject property’s South Main Street frontage. The balance of the down payment is due within 10 days of bid acceptance, and must equal or exceed 10% of the total bid less the earnest money deposit.

I -86

Not e : A l l p r ope r t y l i nes wer e d r a wn by N Y S DO T f o r i l l us t r a t i v e pu r po se s on l y . T he y a r e a pp r ox im a t e and su b j ec t t o r ev i s i on

93 . 8 4 + / - f t

49 . 9 5 + / - f t

150 . 5 + / - f t

107 . 14 + / - f t

100 + / - f t

Surp lus Proper ty Case 06 - I I I -297 Map 373- C, Parce l 396 I -86 and Sout h Ma in St ree t

Area = 14 ,570+/ - sq f t

No te : A l l p roper ty l i nes were d ra wn by NYSDOT fo r i l l us t ra t i ve purposes on l y . They a re appro xi ma te and su b je c t to re v i s i on .

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Location Map –Steuben County

Surplus Property 06-III-332 West of SR 36 and North of Mil l Street City of Hornell

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SURPLUS PROPERTY 06-III-332

Minimum Acceptable Bid: $19,200 Earnest Money Deposit : $960 Location: West of State Route 36, North of Mill Street, City of Hornell, Steuben

County Description: A 0.696± acre, triangular shaped property along the west side of State

Route 36. It has no public road access. The property is vacant land with known encroachments that include a parking lot and sidewalk located on the north end, and two encroaching storage sheds located near the western property line. This property is to be conveyed subject to these and any and all existing encroachments.

Terms and Conditions: The purchaser is responsible for all costs associated with the survey and preparation of the conveyance map in accordance with Department of Transport ation mapping standards. The subject property does not have any access to any public highway, nor shall the State provide such access as a condition of this sale or in the future . The balance of the down payment is due within 10 days of bid acceptance, and must equal or exceed 10% of the total bid less the earnest money deposit.

Note : A l l p roper ty l i nes were d ra wn by NYSDOT fo r i l l us t ra t i ve purposes on l y . They a re appro xi ma te and su b je c t to re v i s i on .

367 . 17 + / - f t

143 + / - f t

266 . 85 + / - f t

30 + / - f t Surp lus Proper ty Case 06 - I I I - 332 Ske tch 1C, Parce l 186 Sta te Route 36 and Mi l l St ree t

Area = 30 ,318+/ - sq f t

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Forms

Bidder Registration Form……………………………….………………15 All bidders must complete this form.

Authorization Form……..……………………………….………………16 Complete this form only if authorizing someone to bid for you.

Sample – Bid Confirmation…………………………….………………17 Successful bidders will complete this form at the auction.

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B IDDER REGISTRATION FORM

All bidders must complete and submit this form during the registration period on the day of the auction. At that t ime, a representative of the Department of Transportation will collect this form and inspect your certified or bank check(s) . If acceptable, you will be given a number that identif ies you as a valid bidder. Your check(s) must be of equal or greater value than the earnest money deposit required for the property or properties on which you are bidding, and be payable to: NEW YORK STATE DEPARTMENT OF TRANSPORTATION.

PLEASE TYPE OR PRINT CLEARLY: Your Name:

Home Address:

Home Telephone: ( )

PLEASE COMPLETE THE FOLLOWING IF YOU ARE REPRESENTING A BUSINESS:

Business Name:

Business Address:

Business Telephone: ( )

Legal Name – If you are the successful bidder, this is the name that wi ll be identif ied as the purchaser on the Agreement for Sale and the grantee on the deed. The legal name provided below must match the name associated with the tax identif ication number (social security number for individuals or Federal EIN for businesses) that is provided on the Agreement for Sale when it is executed.

Legal Name:_____________________________________________

FOR INTERNAL USE ONLY:

Bidder Identif ication Number:

SPCN Check

Amount Check # SPCN Check

Amount Check #

Registered by:

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AUTHORIZATION TO BID

ON SURPLUS REAL PROPERTY OFFERED FOR SALE BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY

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:

Identify below the parcel(s) on which bidding is authorized:

Limiting Instructions (if none, so state):

Signature of bidder-principal Date Company (if applicable)

Address

City, State, Zip

Telephone ( )

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Sample Form

BID CONFIRMATION NEW YORK STATE DEPARTMENT OF TRANSPORTATION For Property Auctioned on Thursday, JULY 27, 2017

Identif ied As:

Surplus Property Case No.

Sample Form

Project

Town/County

Map(s)/Parcels(s)

(I) (We) hereby acknowledge that (I) (we) have this day purchased by public auction the premises described as Surplus Property ____________________ in the Surplus Property Auction Brochure for the sum of $_______________ dollars. (I) (We) hereby agree to comply with the Terms and Conditions of Sale as included in the Surplus Property Au ction Brochure, 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 Auction Brochure.

Bidder – Please Print Legibly Telephone

Street Address City, State, Zip Code

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 or exceed 10% of Total Bid (or Sale Price). ** Items 2, 4, & 5 must equal 100% of Total Bid (or Sale 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 has 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 ict ing competit ion.

Signature: Date:

Signature: Date:

STATE OF NEW YORK

Notary Public COUNTY OF