Notice to Bidders and Terms of Sale – October 2, 2020

Notice to Bidders and Terms of Sale – October 2, 2020

Special Notice Regarding COVID-19 This sale will be held in the Steuben County Annex Building located at the corner of East Morris Street and Wilson Avenue in the Village of Bath. Parking is available at the main County Office Building on the North side of East Morris Street. All bidders must pre-register for the sale before 4:00 pm on Wednesday, September 30, 2020. No registrations will be permitted the day of the sale (see term #17). No more than fifty (50) persons may occupy the sale room at any given time. Anyone entering the building is required to undergo screening and wear a mask at all times while in the building. Bidders may also submit bids online via the internet at www.proxibid.com (see term #23).

1. All bidders are urged to consult an attorney before submitting a bid.2. The County obtained title to these properties in accordance with the procedures of Article 11 of Real Property

Tax Law of the State of New York.3. There is absolutely no representation as to the quality of title, lot size, condition or existence of improvements

of any parcel to be auctioned and all persons proceed at their own risk with respect to same. Anyphotographs, maps, and all other depictions of the property are for reference only and all properties aresubject to such state of facts that an instrument survey will determine. The County sells only its interest. Anyinformation provided by any County employee is subject to the terms and conditions of this Notice to Biddersand Terms of Sale – October 2, 2020.

4. With respect to Sale No. 12 in Greenwood Township, Tax Map #305.00-01-011.000 (formerly Robert L.Lounsberry), on January 31, 2020 the County received an Order from the United States Bankruptcy Court,Western District of New York, Case #1-19-11341-CLB, declaring that such property is not “property of theestate” pursuant to Section 541 of the Bankruptcy Code. Copies of the Order are available at the registrationarea or County Finance Department office.

5. With respect to Sale No. 6 in Lindley Township, Tax Map #369.00-01-036.000 (formerly Robert E. Haynes),on August 3, 2019 the County received an Order from the United States Bankruptcy Court, Western Districtof New York, Case #2-19-20601-PRW, declaring that such property is not “property of the estate” pursuant toSection 541 of the Bankruptcy Code. Copies of the Order are available at the registration area or CountyFinance Department office.

6. See APPENDIX-A for certain notice regarding property where discharges of petroleum had occurred in thepast and New York State Department of Environmental Conservation (“NYSDEC”) issues.

7. All properties are offered for sale to the highest bidder.8. There is no minimum bid requirement.9. The Commissioner of Finance retains the right to establish the auction with or without reserve.10. The County shall retain the right to reject any and all bids.11. To the extent allowable under law the County reserves the option to retain all the oil and gas rights. This

reservation will be announced at the commencement of the bidding on an applicable parcel.12. All real property, including any buildings thereon, are sold "as is…where is" as of the date of closing without

any representation or warranty whatsoever as to the condition or title and subject to (a) any state of facts anaccurate survey or personal inspection of the premises would disclose, and (b) applicable zoning anduse/building regulations.

13. Any improvement description concerning manufactured homes, mobile homes and trailers is done foridentification purposes of the parcel in question. The manufactured home, mobile home or trailer may or maynot be deemed a fixture on the parcel in question and no representations or warranties are made in that regard.

14. The premises being sold may be subject to tenancies and/or leases affecting the said premises. Purchaser is todetermine the existence and status of such interests and the applicable legal rights thereto. Evictions, ifnecessary, and subject to New York State Executive Orders and Administrative Orders, are solely theresponsibility of the purchaser after closing and recording of the deed. Subject to the rights of a tenant orlease affecting the property, no one is permitted to enter upon any parcels offered for sale for any purposewhatsoever, at any time prior to the closing of the sale and recording of the Deed conveying title to theGrantee. See also Term #’s 20 and 21.

http://www.proxibid.com/

15. No personal property is included in the sale. The disposition of any personal property shall be the soleresponsibility of the successful bidder following the closing of the sale. The previous owner should benotified and provided the opportunity to remove personal items.

16. Any taxes levied after January 1 of the current year will be the responsibility of the purchaser (City – Village– School, if applicable). Purchaser may also be liable for unpaid water and sewer charges not included inpreviously levied taxes. It is the Buyer’s responsibility to contact the taxing entity, obtain information andpay these taxes, fees, charges and assessments, as the case may be.

17. All prospective bidders must pre-register by 4:00 PM on September 30, 2020 and provide a copy of a validNYS Driver’s License or other acceptable identification. Forms are available on the Steuben County websiteand from the Steuben County Finance Office. No person will be admitted to the auction site if not pre-registered by the deadline. Bidders must disclose if acting as the agent for another party and identify suchparty. Failure to show proper ID and disclose principals will result in disqualification from bidding.

18. The purchaser shall provide information consistent with #17 above and such other information necessary tocomplete the deed, and shall execute the necessary forms and documents required for recording the deed.[Note: Social Security or Federal Identification Number will be required.] Such information shall befurnished to the County Finance Department on the date of the sale or within 5 business days thereafter.Failure to provide this information will result in a failure to complete the purchase (see Term #s 28 & 29).The charge to issue and record a correction deed is $500 per parcel.

19. Conveyance shall be by quit claim deed only, containing a description of the property on the tax roll for theyear during which the County acquired title. A separate deed shall be issued for each parcel, and applicablefees charged.

20. Buyers requesting expedited handling shall pay in full and provide correct recording information on the dayof the sale.

21. The County will record the deed after receipt of the full purchase price and recording fees, and informationnecessary to complete the transfer of title (see Term #18). The purchaser may take possession only after thedeed has been recorded.

22. Purchaser shall be responsible for the payment of a ten percent (10%) buyer’s premium and recording fee inaddition to the accepted bid price; the sum of these items is the purchase price.

23. Successful bidders whose bids were submitted via the Internet (Proxibid.com) are responsible for payment ofany fees, commissions, premium or other charges assessed by Proxibid.com as recited in its user agreementand other applicable documents.

24. Thirty percent (30%) of the purchase price shall be paid on the day of the auction. The minimum deposit is$1,000.00. If the total amount of the purchase (including fees) is less than $1,000 the entire amount is due infull on the date of the sale.

25. All sales are subject to subsequent County Legislature confirmation and any balance due must be remittedwithin forty-five days from the date of the auction, that being November 16, 2020. Any balance due must bepaid in full in one payment; partial payments are not permitted. Those requesting expedited handling mustpay in full on the day of the sale.

26. Payment may be in the form of cash, money order, bank draft, certified check, wire transfer or good personalcheck payable to STEUBEN COUNTY FINANCE DEPARTMENT, payable in US Dollars only; anynegotiable instrument tendered in payment must be drawn on a bank located in the United States. Credit/debitcard payments are available; there is a service fee on the amount charged, based on the type of card used.

27. All parcels purchased by a purchaser must be paid for in full, selective closings are not permitted. Failure toremit full payment on all parcels purchased at the auction will result in a forfeiture of all deposits paid, whichwill be retained by the County as liquidated damages, and the cancellation of all sales to the purchaser.

28. Failure of the purchaser to complete the purchase within the required time limits shall result in the forfeitureof both the down payment and the buyer’s premium as liquidated damages. In the event of default of thehighest bidder, the County reserves the right to offer the property to the second highest bidder, or to disposeof the property by any means as may be authorized by the Steuben County Legislature.

29. Any person who fails to complete a purchase may be disqualified from participating in future County taxauctions as a non-responsible bidder as determined by the Commissioner of Finance.

30. Those persons who have allowed the foreclosure of real property for nonpayment of taxes shall bedisqualified from participating in County tax auctions for a period of 10 years from the date of suchforeclosure proceeding.

31. All employees and immediate families of Steuben County Legislators, the auctioneers’ service, and thefollowing County offices are forbidden to purchase properties at tax auction: Finance Department, LawDepartment, County Manager, Real Property Tax Office, and the Clerk of the Legislature.

32. All sales are final, absolute and without recourse.33. The auctioneer’s decision regarding any disputes is final, and the auctioneer reserves the right to reject any

bid that is not an appreciable advancement over the previous bid.34. In the event a sale is cancelled by Court Order, the purchaser shall be entitled to a return of the purchaser’s

payment of the purchase price, together with any deposit paid, “deposit” being those sums paid under #24.The purchaser shall not be entitled to any special or consequential damages, attorney fees, reimbursement forany expenses incurred as a result of ownership or improvements of the property, nor for taxes paid during theperiod of ownership.

35. All Buyers agree to accept title according to these terms and conditions. In the event the Successful Biddernominates a third party to receive title, such nominee will be required to execute an acknowledgment of thesaid terms of sale prior to receiving title.

36. In the event that any recited term herein or part thereof is determined to be unlawful, then in such event, theremaining terms of sale and unaffected portion(s) thereof shall survive and remain in full force and effect.

37. Auction results and updates will be posted at www.steubencony.org

Prior history redacted. 8/11/2020 – approved Finance Committee 8/24/2020 – approved County Legislature

http://www.steubencony.org/

Notice to Bidders and Terms of Sale – October 2, 2020 – APPENDIX – A

One (1) certain property offered in this tax sale is a location where discharges of petroleum products had occurred in the past for which the New York State Department of Environmental Conservation (“NYSDEC”) had assigned certain spill numbers to this location and had or continue to perform certain remedial measures at this property. Further, such property is subject to a separate agreement with the NY Environmental Protection and Spill Compensation Fund (“Agreement”). The parcel is:

Sale No. 13: Hornell City, Tax Map No. 151.10-01-051.000 (formerly Hornell Development, LLC/Griffith Energy/Wellington/Deebs Citgo/Essex Property Mgt/Seneca Street Citgo/Seneca Shell)

This Agreement is recorded with the Steuben County Clerk and the Agreement recites the duties of the parties necessary to effect a Release of Liability and Liens. Copies of the Agreement are available from the County Finance Department, on the County’s website (Tax Sale), and at the Tax Sale itself.

Under the terms of such Agreement, the successful bidder of the recited parcel will be required to execute a sworn affidavit attesting to the fact that said bidder has never had any relationship, whether a business, contractual, familial or agency, with any of the parties deemed responsible according to applicable principals of statutory or common law for the discharge of petroleum on or at the sites.

Further, under the terms of such Agreement, if the Spill Status in the Agreement is shown as “Not Closed” and the NYDEC Cleanup Status is shown as “On-Going”, the successful bidder must agree and declare in such sworn affidavit that said bidder will not interfere with the NYSDEC’s on-going remediation efforts at the site and will not disturb any remediation equipment at such site, including any monitoring wells located there, without the express prior written consent of the NYSDEC.

The recited parcel appears (on August 7, 2020) in the NYSDEC Bulk Storage Database at this “link”: https://www.dec.ny.gov/cfmx/extapps/derexternal/abs/details.cfm?pageid=4

Facility Information (Source: NYS DEC web-site)

Site No.: 8-426377 Status: Unregulated/Closed Expiration Date: 07/18/2006 Site Type: PBS Facility Type: Retail Gasoline Sales Site Name: SENECA STREET CITGO Address: 179 SENECA STREET Locality: HORNELL State: NY Zipcode: 14843 County: Steuben Additional information is available on the NYSDEC web-site by following the “link” above.

Further, any prospective bidders are advised to carefully review all of public records associated with environmental conditions each of the parcels, including but not limited to the Agreements.

Further, be on notice that Steuben County makes no agreements, promises, covenants, representations, or warranties regarding the information contained in this Paragraph 6 of this Notice or regarding the past, present or future environmental conditions of the Property.

https://www.dec.ny.gov/cfmx/extapps/derexternal/abs/details.cfm?pageid=4

2020 Steuben County Delinquent Real Property TaxAuction

Search Properties

Notice: This auction catalog may be updated on a regular basis until the day of the auction. The County is not responsible for any misprints or inaccurate information.

Listing of Tax Sale Properties: 16 properties as of 08/27/2020 * = Vacant Property

Sale# Tax Map # Municipality School District Location Previous Owner

1 349.07-01-082.000 Addison Village Addison CSD 21 Baldwin Ave KNOWLES HENRY W III &KNOWLES KIM C

2 144.03-02-005.000 Bath Town Bath CSD 7162 State Route 54 AYERS AMYJO L

3 262.03-01-082.000 Campbell Corning/Painted Post 4134 Wendall Cir MIRTO DAVID L

4

197.11-01-059.000 Canisteo Village Canisteo-Greenwood 28 Third St COUMBE STANLEY

5

6

283.00-01-044.110 Corning Town Corning/Painted Post West Rd COUNTY OF STEUBEN *

7

318.18-02-043.000 South Corning Corning/Painted Post 55 Tuxill Ave GREEN DIANE & FISHER MAE A

8

304.00-01-052.111 Greenwood Canisteo-Greenwood State Route 417 SMITH JAMES F & SMITH KATHY M *

9

304.11-01-048.000 Greenwood Canisteo-Greenwood State Route 248 SMITH ELIZABETH A

10

305.00-01-011.000 Greenwood Canisteo-Greenwood 2060 State Route 417 LOUNSBERRY ROBERT L

11

12

13 151.10-01-051.000 Hornell City Hornell CSD 175 Seneca St STEUBEN COUNTY *

14 151.19-03-026.000 Hornell City Hornell CSD 40 Davenport St YOUNG YVONNE M

15

16

122.17-01-012.000 Hornellsville Arkport CSD 1252 Maple Ct VETTER TERRI L

151.05-01-029.000 Hornellsville Hornell CSD 6202 N Main St Ext FINK LAWRENCE R & FINK ASHLEYM

369.00-01-036.000 Lindley Corning/Painted Post 1696 County Route 115 HAYNES ROBERT

406.03-01-032.200 Lindley Corning/Painted Post 9462 Caroline Dr SCHOENER WALTER E & C/OMATTHEW SCHOENER

363.08-01-003.000 Woodhull Addison CSD 5173 Main St ABBEY PEGGY & ABBEY CURTIS &JOAN

Sale# Tax Map # Municipality School District Location Previous Owner

Morning Session - 10:00 a.m.

Afternoon Session - 1:00 p.m.BREAK

Steuben County Delinquent Tax Sale 2020 Sale # 1

Parcel ID#: 349.07-01-082.000

Municipality: 462001 Addison Village

School District: Addison CSD (462001)

Location: 21 Baldwin Ave

Previous Owner: KNOWLES HENRY W III & KNOWLESKIM C

Approximate Size: 0.45 Acres

Property Class: 210 - 1 Family Res

Latest Assessment: 67,600

Est. Full Market Value: 67,600

Taxes may or may not reflect exemptions or changes in assessment

Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 Town & County 824.04 67,600 67,600 100.00 12020 Village 1,365.40 67,600 67,600 100.00 12019 School 641.34 67,600 67,600 100.00 1


Parcel ID#: 144.03-02-005.000

Municipality: 462489 Bath Town

School District: Bath CSD (462402)

Location: 7162 State Route 54

Previous Owner: AYERS AMYJO L




Est. Full MarketValue: 71,000


Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 Town & County 1,175.76 71,000 71,000 100.00 12019 School 1,221.50 71,000 71,000 100.00 1


Parcel ID#: 262.03-01-082.000

Municipality: 463000 Campbell

School District: Corning/Painted Post (460300)

Location: 4134 Wendall Cir

Previous Owner: MIRTO DAVID L

Approximate Size: 150 Ft. X 150 Ft.







Parcel ID#: 283.00-01-044.110

NO PICTURE AVAILABLE

Municipality: 463889 Corning Town


Location: West Rd

Previous Owner: COUNTY OF STEUBEN

Approximate Size: 40 Acres

Property Class: 322 - Rural vac>10




Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2017 Town & County 474.22 36,500 41,011 89.00 12016 School 984.50 36,500 41,011 96.00 1


Parcel ID#: 318.18-02-043.000

Municipality: 463803 South Corning


Location: 55 Tuxill Ave

Previous Owner: GREEN DIANE & FISHER MAE A






Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 Town & County 788.86 70,500 70,500 100.00 12020 Village 2,197.65 70,500 70,500 100.00 12019 School 1,704.82 70,500 70,500 100.00 1


Click here for Bankruptcy Order.

Parcel ID#: 369.00-01-036.000

Municipality: 465800 Lindley


Location: 1696 County Route 115

Previous Owner: HAYNES ROBERT






Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 Town & County 426.51 44,100 44,100 100.00 12019 School 1,066.39 44,100 44,100 100.00 1


Parcel ID#: 406.03-01-032.200

Municipality: 465800 Lindley


Location: 9462 Caroline Dr

Previous Owner: SCHOENER WALTER E & C/OMATTHEW SCHOENER


Property Class: 270 - Mfg housing






Parcel ID#: 363.08-01-003.000

Municipality: 468200 Woodhull

School District: Addison CSD (462001)

Location: 5173 Main St

Previous Owner: ABBEY PEGGY & ABBEY CURTIS &JOAN








Parcel ID#: 197.11-01-059.000

Municipality: 463201 Canisteo Village

School District: Canisteo-Greenwood (463202)

Location: 28 Third St

Previous Owner: COUMBE STANLEY

Approximate Size: 132 Ft. X 132 Ft.





Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 Town & County 350.78 27,300 28,144 97.00 12020 Village 259.30 27,300 28,144 97.00 12019 School 8.79 27,300 28,144 97.00 1


RIGHT OF WAY

Parcel ID#: 304.00-01-052.111


Municipality: 464600 Greenwood


Location: State Route 417

Previous Owner: SMITH JAMES F & SMITH KATHY M


Property Class: 314 - Rural vac<10






Parcel ID#: 304.11-01-048.000



Location: State Route 248

Previous Owner: SMITH ELIZABETH A






Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 Town & County 1,083.40 48,500 48,500 100.00 12019 School 818.76 48,500 48,500 100.00 1


RIGHT OF WAY. Click here for Bankruptcy Order.

Parcel ID#: 305.00-01-011.000



Location: 2060 State Route 417

Previous Owner: LOUNSBERRY ROBERT L








CLICK HERE FOR DEC AGREEMENT

Parcel ID#: 151.10-01-051.000


Municipality: 460600 Hornell City

School District: Hornell CSD (460600)

Location: 175 Seneca St

Previous Owner: STEUBEN COUNTY

Approximate Size: 87 Ft. X 100.2 Ft.

Property Class: 330 - Vacant comm




Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 County 518.92 59,000 62,766 94.00 12019 City 875.36 59,000 62,766 94.00 12019 School 1,076.69 59,000 62,766 94.00 1


Parcel ID#: 151.19-03-026.000

Municipality: 460600 Hornell City


Location: 40 Davenport St

Previous Owner: YOUNG YVONNE M






Tax Year Tax Type Original Bill Total Assessed Value Full Market Value Uniform % Roll Sect2020 County 475.82 54,100 57,553 94.00 12020 City 893.50 60,300 60,300 100.00 12019 School 464.27 54,100 57,553 94.00 1


Parcel ID#: 122.17-01-012.000

Municipality: 465289 Hornellsville

School District: Arkport CSD (465201)

Location: 1252 Maple Ct

Previous Owner: VETTER TERRI L








Parcel ID#: 151.05-01-029.000

Municipality: 465289 Hornellsville


Location: 6202 N Main St Ext

Previous Owner: FINK LAWRENCE R & FINK ASHLEY M







'·•·=•·�-""s•

. 1019 APR - 8 P J: 59

s I E08EN COUNTY In the Matter of the Investigation and CLERK'S OFF ICERemediation of Real Property Pursuant to Article l 2 of the Navigation Law, by the

COUNTY OF STEUBEN

WHEREAS:

SALE# 76

AGREEMENT REGARDING TAX FORECLOSURE SALE

Tru:k.Y- /Vo. io15-1i,9/ C.N

1. The New York Environmental Protection and Spill Compensation Fund (the "Fund")

was created by Navigation Law§ 179. The Administrator of the Fund is authorized to settle claims

on behalf of the Fund. (Navigation Law§ 180).

2. The County of Steuben ("County") is a county, as defined in COlJllty Law§ 3, with its

principal place of business located at Steuben County Office Building, 3 East Pulteney Square, Bath,

New York 14810.

3. Pursuant to Navigation Law Atticle 12, the Fund has expended cleanup and removal

costs at property located in Steuben County, referred to herein as the "Hornell Site" with relevant

lnfonnation as follows:

• Record Owner: Hornell Development Company LLC• Address; 179 Seneca Street, Hornell, New Y mk• Tax Map#: 151.10-01-051.000• DEC Spill No. 92-00192/Fund PIN II 06524.• Fund cleanup and removal costs as of March 12, 2019: $91,818.04• DEC Spill Status; Not Closed• DEC Cleanup Status; On-going

4. The County is owed real property and school taxes, together with, as applicable,

accrued interest and penalties, as of March 8, 2019, with respect to the Hornell Site in the amount

$21,177.59, before a 25% penalty applied on March 11, 2019 and later,

1

Sale #13

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Sale # 6

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Sale # 12

Documents

Notice to Bidders and Terms of Sale – October 2, 2020