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 ................................................................................................... 3 General Information ............................................................................................ 4 Terms and Conditions of Sale ............................................................................ 5-6 Questions and Answers ..................................................................................... 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) ............................................................................ 17

Authorization to Bid ............................................................................................. 18

Bidder Registration ............................................................................................. 19

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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): _______________________