18-19-58 RESOLUTION AUTHORIZING THE SALE AT PUBLIC AUCTION
OF PROPERTY OWNED BY THE BOARD AND NO LONGER NEEDED
FOR ANY SCHOOL PURPOSES
(O.R.C. §3313.41)

The Board of Education of the Margaretta Local School District, Castalia, Ohio, met in special session on the 11th day of February, 2019, at the offices of said Board, with the following members present:

Mr. Miller, Mr. Schoenegge, Mrs. Yetter, and Mr. Warner.
Mr. Sutorius was excused from attending the meeting.

The Treasurer advised the Board that the notice requirements of O.R.C. §121.22 and the implementing rules adopted by the Board pursuant thereto were complied with for the meeting.

Mr. Schoenegge moved the adoption of the following Resolution:

WHEREAS, the Board of Education of the Margaretta Local School District is the owner of the real property hereinafter described, which is no longer needed for any school purposes, which exceeds $10,000.00 in value, and which the Board has determined to offer for sale at public auction pursuant to and in accordance with the provisions of O.R.C. §3313.41; and

WHEREAS, there are no startup community schools or college-preparatory boarding schools located within the territory of the Margaretta Local School District; and

WHEREAS, the Board desires that any prospective purchaser will either improve the building purchased or maintain the buildings purchased or if purchased in order to strip the building of recoverable items and not be utilized, the buyer must agree that they will demolish the buildings and remove the debris within 18 months of closing or within a later time agreed to by the Board.

NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the Margaretta Local School District, County of Erie, State of Ohio, that:

Section 1:       It is found and determined that the real property that is more fully described in "Exhibit A," any to be more accurately described in an updated legal description to be conducted by a qualified surveyor, which is incorporated in and made a part of this Resolution, exceeds $10,000.00 in value and is no longer needed for any school purposes. The property is formerly known as the Townsend Elementary School located at 1783 N SCR 294, Vickery, Ohio 43464.

Section 2:       The property shall be sold in two parcels in the manner provided by O.R.C. §3313.41, subject to the terms and conditions provided in this Resolution and the Conditions of Sale set forth in "Exhibit B," to the highest bidder after giving at least thirty (30) days' notice ofo the sale by publication in a newspaper of general circulation in the Margaretta Local School District. The buildings to be sold shall consist of the main school building as one parcel and the annex as the other parcel. The contents of the building shall also be sold at public auction.

Section 3:      The Board President, Superintendent, Treasurer, and/or the Board's legal counsel are hereby authorized and directed to do all things necessary and consistent with this Resolution to accomplish the sale provided for herein.

Section 4:          The sale of the property shall be upon the following terms and conditions, the Conditions of Sale, and such other terms and conditions consistent with this Resolution and in the best interests of the Board and the District as may be determined by the Board President, Superintendent, Treasurer, Auctioneer, and/or the Board's legal counsel:

a.                The sale shall be by public auction to be conducted on the premises, commencing at 10:07 a.m. on the 9t^h day of March, 2019.

b.               The auction shall be conducted by Baker Bonnigson Realty & Auctioneers, Inc.  The Board shall retain all oil, gas, and other mineral rights and royalties to the property, if any.

c.                At the time of completion of the auction, the highest bidder(s) shall be required to deliver to the Board cash, or a certified or cashier's check payable to the Board, in the amount of Five Thousand Dollars ($5,000.00) for each parcel or bid upon as security for faithful performance should the bid be accepted. The deposit shall be applied to the purchase price in the event the Board accepts the bid.

d.               The sale of the property to the successful bidder(s) shall not be final until accepted by resolution of the Board with written notification of such acceptance to be sent to the successful bidder(s) by the Treasurer. The Board reserves the right to reject any or all bids, including the final bid, at any time within sixty (60) days after the date of the auction provided in Section 4.a. of this Resolution.

e.                Final payment for the property, which shall be the difference between the security deposited with the Board pursuant to Section 4.d. of this Resolution and the amount bid, shall be made by cash, or certified or cashier's check payable to the "Board of Education of the Margaretta Local School District," at the time of transfer of title by quit claim deed.

f.                 Bidders must agree that they will either improve the building purchased or maintain the buildings purchased or if purchased in order to strip the building of recoverable items and not be utilized, the buyer must agree that they will demolish the buildings and remove the debris within 18 months of closing or within a later time agreed to by the Board.

Section 5:       It is found and determined that all formal actions of this Board concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Board, and that all deliberations of the Board and of any of its committees that resulted in such formal action were in meetings open to the public or otherwise in compliance with all legal requirements.

Mrs. Yetter  seconded the motion, and upon roll call on the adoption of the Resolution, the vote was as follows:

Ayes: Mr. Miller, Mr. Schoenegge, Mrs. Yetter, and Mr. Warner.
Nays: None

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I hereby certify that the foregoing is a true, accurate, and correct excerpt from the minutes of

the special meeting of the Board of Education of the Margaretta Local School District held on the

1 1 th day of February, 2019, showing the adoption of the Resolution hereinabove set forth.

Diane Keegan, Treas er

Margaretta Local School District Erie County, Ohio

I declare under penalties of perjury, that I have read the above and agree to the terms of the condition of sale.

Bidder's Signature

Bidder's Name

Date

Sworn to and signed in my presence, this         day of

Notary Public

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EXHIBIT A

Description of the Property

Property situated in the Township of Townsend, County of Sandusky and State of Ohio:
Description of Parcel 1

Description of Parcel 2

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PARCEL 1 LEGAL DESCRIPTION

Being a parcel of land situated in the southwest quarter of Section 15, Townsend Township, Township-5-North, Range-17-East, Sandusky County, Ohio described as follows: Commencing at a found 1" square rod in a monument box marking the southwest corner of the southeast quarter of the southwest quarter of said Section 15 and the centerline intersection of County Road 294 and County road 247;

thence N 00° 34' 07" E one thousand six hundred twenty-two and forty-four hundredths (1622.44) feet along the west line of the east half of the southwest quarter of said Section 15 and the centerline of County Road 294 to a set nail marking the northerly right-of-way of the Norfolk and Southern Railroad as described in Sandusky County Deed Volume 75, page 168, THE POINT OF BEGINNING;

thence N 00° 34' 07" E three hundred fifty-two and fourteen hundredths (352.14) feet along the west line of the east half of the southwest quarter of said Section 15 and the centerline of County Road 294 to a set nail;

thence S 89° 48' 34" E three hundred twenty-nine and sixty-five hundredths (329.65) feet to a set iron rod, passing a set nail marking the easterly right-of-way of County Road 294 at 30.00 feet;

thence N 80° 37' 59" E three hundred ninety-four and five hundredths (394.05) feet to the meandering centerline of a ditch and a westerly line of a 105.3354 acre parcel of land now or formerly owned by David M. Warner, David A. Warner and Evelyn I. Warner as described in Sandusky County Official Record Volume 159, page 1959, passing a found 3" diameter metal casing post on line for reference at 381.05 feet;

thence S 12° 23' 06" E one hundred ten and forty hundredths (110.40) feet along the meandering centerline of said ditch and a westerly line of said Warner's 105.3354 acre parcel; thence S 08° 26' 31" E one hundred eleven and ninety-six hundredths (111.96) feet along the meandering centerline of said ditch and a westerly line of said Warner's 105.3354 acre parcel to the northerly right-of-way of said Norfolk and Southern Railroad from which a found 5/8" diameter iron rod with a cap marked Burkin for reference bears S 08° 08' 25" E 13.09 feet; thence leaving said ditch centerline S 75° 32' 06" W seven hundred eighty-seven and zero hundredths (787.00) feet along the northerly right-of-way of said Norfolk and Southern Railroad to THE POINT OF BEGINNING, passing a set iron rod marking the easterly right-of-way of County Road 294 at 755.97 feet.

Containing in all, 4.666 acres of land, more or less, subject to all legal highways and easements. There are 0.240 acres of the 4.666 acre parcel in the road right-of-way.

The bearing of the centerline of County Road 294 is assumed N 00° 34 '07" E.

Bearings are assumed and for angular measurement only.

This 4.666 acre legal description is based upon an actual field survey by James G. Homan, Jr. P.S. #6972, HANK and Associates, Inc., 137 South Washington Street, Tiffin, Ohio 44883 i

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PARCEL 2 LEGAL DESCRIPTION

Being a parcel of land situated in the southwest quarter of Section 15, Townsend Township,

Township-5-North, Range-17-East, Sandusky County, Ohio described as follows: Commencing at a found 1" square rod in a monument box marking the southwest corner of the southeast quarter of the southwest quarter of said Section 15 and the centerline intersection of

County Road 294 and County Road 247;

thence N 00° 34' 07" E one thousand nine hundred seventy-four and fifty-eight hundredths (1974.58) feet along the west line of the east half of the southwest quarter of said Section 15 and the centerline of County Road 294 to a set nail, THE POINT OF BEGINNING;

thence N 00° 34' 07" E one hundred eighty-nine and twenty hundredths (189.20) feet along the west line of the east half of the southwest quarter of said Section 15 and the centerline of County Road 294 to a set nail marking the southwesterly corner of a 0.925 acre parcel of land now or formerly owned by Kathryn E. Collins as described in Sandusky County Deed Volume 384, page 218;

thence S 89° 18' 36" E seven hundred one and twenty-six hundredths (701.26) feet along the southerly line of said Collins's 0.925 acre parcel and the southerly line of a 8.2193 acre parcel now or formerly owned by Daniel M. Warner and David A. Warner as described in Sandusky County Deed Volume 428, page 384 to the meandering centerline of a ditch and a westerly line of a 105.3354 acre parcel of land now or formerly owned by David M. Warner, David A. Warner and Evelyn I. Warner as described in Sandusky County Official Record Volume 159, page 1959, passing a found 2" angle iron post on line for reference at 26.50 feet, a found 5" diameter metal casing post on line of reference at 179.13 feet marking the southeasterly corner of said Collins's 0.925 acre parcel and a southwesterly corner of said Warner's 8.2193 acre parcel and passing a found 1/2" diameter iron rod on line for reference at 689.18 feet,

thence S 05° 02' 10" E eighty and ten hundredths (80.10) feet along the meandering centerline of said ditch and a westerly line of said Warner's 105.3354 acre parcel; thence S 12° 23' 06" E thirty-eight and eighty-two hundredths (38.82) feet along the

meandering centerline of said ditch and a westerly line of said Warner's 105.3354 acre parcel from which a found 3" diameter metal casing post on line for reference S 80° 37' 59" W 13.00 feet;

thence leaving said ditch centerline S 80° 37' 59" W three hundred ninety-four and five hundredths (394.05) feet to a set iron rod;

thence N 89° 48' 34" W three hundred twenty-nine and sixty-five hundredths (329.65) feet to THE POINT OF BEGINNING, passing a set nail marking the easterly right-of-way of County Road 294 at 299.65 feet.

Containing in all, 2.748 acres of land, more or less, subject to all legal highways and easements. There are 0.130 acres of the 2.748 acre parcel in the road right-of-way.

The bearing of the centerline of County Road 294 is assumed N 00° 34 '07" E. Bearings are assumed and for angular measurement only.

This 2.748 acre legal description is based upon an ac                     y by James G. Homan, Jr.

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"EXHIBIT B"

CONDITIONS OF SALE
OF SCHOOL BUILDINGS AND LAND BY
THE BOARD OF EDUCATION OF THE
MARGARETTA LOCAL SCHOOL DISTRICT

The Board of Education of the Margaretta Local School District has published notice that the Elementary School and two parcels of land will be offered for sale at public auction on the premises at 10:07 a.m on the 9th day of March 2019. The Conditions of Sale, in accordance with and subject to which all bids shall be made, are as follows:

1.                  The property will be sold as two parcels and is available for inspection by contacting the Treasurer's Office at (Telephone 419-684-5322). The property to be sold consists of one main building and one annex building and two parcels of land totaling approximately 7 acres of land. The Board shall retain all oil, gas, and other mineral rights and royalties to the property, if any. The Board will also be auctioning off the contents of the buildings.

2.                  The Board makes no representation whatsoever regarding the property including, without limitation, its suitability for any proposed uses thereof or the continuation of uses thereof former or present, or the title or physical condition thereof, and expressly disclaims any and all warranties with respect to the property, including, without limitation, any warranty of merchantability or fitness for use for any purpose. The property is being sold on an "as-is" basis.

3.                  The Board will transfer title to the properties to the successful purchaser(s) or the purchaser's nominee by means of a quitclaim deed. If the purchaser wishes to designate a nominee to be named in the deed, the purchaser shall do so by written notice thereof (identifying the full name and address of the nominee) on or before the tenth (10^th) day prior to the date of closing.

4.                  The highest bidder(s) shall deposit with the Treasurer of the Board, immediately following conclusion of the auction, cash or a certified or cashier's check payable to the "Board of Education of the Margaretta Local School District," in the amount of Five Thousand Dollars ($5,000.00) for each parcel or bid upon as security for faithful performance should the bid be accepted. The deposit shall be applied to the purchase price in the event the Board accepts the bid. The bid deposit will be forfeited as agreed liquidated damages upon failure of the highest bidder(s) to perform; otherwise, the deposit will be applied as part payment of the purchase price for the property. No interest will be paid on the bid deposit.

5.                  All bids shall be unconditional. Immediately upon completion of the auction, the highest bid(s) shall be reduced to writing on the Bid and Offer to Purchase form to be provided by the Board of Education and delivered to the Treasurer of the Board. The highest bidder(s) must state on the form the full name of each individual and corporation, partnership, or other association interested in the bid. The Board reserves the absolute right to reject any or all bids, including the highest bid, and to waive any or all informalities. A copy of the Bid and Offer to Purchase form

is available for inspection during normal business hours at the Office of the Treasurer, Margaretta Local School District, 305 South Washington Street, Castalia, OH 44824.

6.                The highest bidder(s) may not withdraw such bid for a period of sixty (60) days following the date of the public auction during which period the Board of Education shall have the right to accept or reject such highest bid. The Board of Education shall not be obligated to sell the property unless and until a resolution accepting the highest bid is adopted by the Board. It is presently anticipated that the Board will consider and either accept or reject the highest bid at a meeting within thirty (30) days of the date of the auction.

7.                The transaction involving the purchase and sale of the property will be completed at the Board's offices on a date as shall be mutually acceptable to the purchaser and the Treasurer of the Board. The transaction will be completed by payment of the balance of the purchase price to the Board in cash or by certified or cashier's check payable to "Board of Education of the Margaretta Local School District" and by delivery to the purchaser of the duly executed quitclaim deed conveying the property to the purchaser or the purchaser's nominee.

8.                All risk of damage to or loss of the property shall be borne by the purchaser from and after the Board's acceptance of the highest bid.

9.                Bidders must agree that they will either improve the building purchased or maintain the buildings purchased or if purchased in order to strip the building of recoverable items and not be utilized, the buyer must agree that they will demolish the buildings and remove the debris within 18 months of closing or within a later time agreed to by the Board.

10.            All inquiries should be directed to the Treasurer at the Board's Offices (Telephone: 419-684-5322). Any notice to the Board shall be delivered in person or mailed, postage prepaid, to the Board at 305 South Washington Street, Castalia, OH 44824, Attention: Treasurer. Notices to the Board shall be deemed to have been given upon receipt thereof.

11.            The Board of Education reserves the right to amend and supplement these Conditions of Sale at any time prior to the public auction referred to above.

BOARD OF EDUCATION OF THE MARGARETTA LOCAL SCHOOL DISTRICT, ERIE COUNTY, OHIO

I declare under penalties of perjury, that I have read the above and agree to the terms of the condition of sale.

Bidder's Signature

Bidder's Name

Date

Sworn to and signed in my presence, this _____  day of_______________

Notary Public