REGION 3 – OFFICE OF RIGHT-OF-WAY

Offers Surplus Real Property for Sale by

Public Auction

Monday, December 30, 2019 10:30 A.M.

This auction offers one parcel of land in the

Town of Geddes, Onondaga County.

AUCTION LOCATION:

New York State Department of Transportation Regional Office

333 East Washington Street 7th Floor (East Wing) Syracuse, NY 13202

REGISTRATION: Monday, December 30, 2019

9:30 A.M. to 10:30 A.M. at Auction Location

NEW YORK STATE DEPARTMENT OF TRANSPORTATION www.dot.ny.gov/r3surplus

ANDREW M. CUOMO GOVERNOR

MARIE THERESE DOMINGUEZ COMMISSIONER

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TABLE OF CONTENTS

AUCTION LOCATION. .......................................................................................................... 3

GENERAL INFORMATION ..................................................................................................... 4

TERMS AND CONDITIONS OF SALE .................................................................................... 5-6

QUESTIONS AND ANSWERS.............................................................................................. 7-8

SURPLUS PROPERTY 03-III-834

SURPLUS PROPERTY 03-III-834 LOCATION MAP ................................................................. 9

SURPLUS PROPERTY 03-III-834 INFORMATION .................................................................. 10

SURPLUS PROPERTY 03-III-834 PHOTOGRAPHS………………………………………….. 11-12

FORMS

BID CONFIRMATION (SAMPLE) .......................................................................................... 13

AUTHORIZATION TO BID ................................................................................................... 14 COMPLETE ONLY IF AUTHORIZING SOMEONE TO BID ON YOUR BEHALF

BIDDER REGISTRATION FORM …...……………………………………………………….…… 15

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LOCATION – DEPARTMENT OF TRANSPORTATION, REGION 3 OFFICE

New York State Department of Transportation

Regional Office 333 East Washington Street Syracuse, New York 13202

From the North: Take I-81 south to the Clinton/Salina Street exit (Exit 19). Take the Salina Street exit, for direct access to Salina St. At the sixth traffic light, turn left onto Washington St. State Office Building is the third block on the left.

From the South: Take I-81 north to the Adams Street exit (Exit 18). Go straight through Adams Street traffic light. Take a left onto Harrison Street at next traffic light. Take a right at second traffic light onto South State Street. At the fifth traffic light, take a left onto Washington St. State Office Building is immediately on the right.

From the East: Take Thruway to Exit 34A. Take I-481 South to I-690 West. Take I-690 west to the Townsend Street exit (Exit 13). Turn left onto Townsend Street. (Stay in right lane of two lanes turning left off exit). At third traffic light, turn right onto Washington St.

State Office Building is the second block on the right. From the West:

Take Thruway to Exit 39. Take I-690 east to the dual West Street/W. Genesee St. exit. Stay to the right to take the W. Genesee Exit (Exit 12). Turn left onto W. Genesee Street. At the fourth traffic light, turn right onto Salina St. At the second traffic light, turn left onto Washington St. State Office Building is on the third block on left.

PARKING: There are several public (paid) parking lots/garages in the Syracuse downtown area. The Key Bank Lot, City Hall Lot and State/Washington/Water Lot are public parking lots with hourly rates, all located near the Syracuse State Office Building and referenced on the above map. On-street (metered) parking is also available, Pay and Display Pay Stations can be found throughout the City of Syracuse. NOTE: You will be required to show identification upon entrance to the Senator Hughes State Office Building.

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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 propert ies 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 Co nfirmation. (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 prospective 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 included 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, Office of Right-of-Way, Region 3, at (315) 448-7315.

B. For information on zoning , contact the Town of Geddes, County of Onondaga, and/or any Local, State or Federal agencies that may require review prior to development.

C. Original acquisition map(s) and conveyance map(s) wil l be available for perusal at the New York State Department of Transportation, Office of Right -of-Way, 333 East Washington Street, Syracuse, New York 13202. (Please call (315)448-7315 in advance for an appointment.)

7. The information in this booklet is available for the convenience of prospective purchasers and is as accurate as can reasonably be provided.

IT IS EMPHASIZED THAT THE PROPERTY 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 Syracuse Regional Office, at (315) 448-7315.

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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 right 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 and 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 bidder shall provide the State with a survey of the propert y at their own expense; said survey shall be certif ied by a licensed surveyor and guaranteed to the State of New York. There will be no refund for the cost of the State’s conveyance map if the successful bidder chooses to provide their own.

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 Purc haser will be advised in advance, in writing, 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 tear 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 obliga tions

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 writ ing 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 liab le 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, 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, 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 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 property auctioned by the New York State Department of Transportation shal l 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 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 com petit 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 the property, along with a photograph and sketch, can b e 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 amount 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 site 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 will NOT be accepted . The closing will take place at a t ime and place mutually agreed upon between the parties.

• 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 FORM, at registration. The form is included in this brochure.

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SURPLUS PROPERTY 03-III-834 LOCATION MAP

Surplus Property

Location

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SURPLUS PROPERTY 03-III-834

PROPERTY INFORMATION: NORTHWEST ARTERIAL CONNECTION, S.H. NO. 54-5; BALDWINSVILLE-STATE FAIR, S.H. NO., 8496 MAP 81R-1, PORTION OF PARCEL 89 AND ROUTE 48 INTERCHANGE & THRUWAY CONNECTION, F.A.I. 570-1-1 MAP 127, PARCEL 169 AND PORTION OF

PARCEL 170; MAP 144, PARCEL 196 TOWN OF GEDDES, ONONDAGA COUNTY

PRICE AT WHICH BIDDING WILL COMMENCE: * $82,300.00 * AMOUNT INCLUDES COST OF CONVEYANCE MAP EARNEST MONEY REQUIRED AT DAY OF AUCTION: $4,115.00 LOCATION: THIS OFFERING IS LOCATED ON THE NORTH SIDE OF I-690, JUST SOUTH OF THE I-90 OVERPASS

AND NORTH OF #1200 STATE FAIR BOULEVARD, IN THE TOWN OF GEDDES, ONONDAGA COUNTY. DESCRIPTION: VACANT, IRREGULAR SHAPED PARCEL CONSISTING OF 2.164± ACRES (94,267± SF). THE

TOPOGRAPHY IS GENERALLY LEVEL AND THE PARCEL IS AT GRADE WITH STATE FAIR BOULEVARD AND

MANAGERS PLACE AND BELOW GRADE WITH I-690. TERMS AND CONDITIONS:

• PROPERTY WILL BE CONVEYED WITHOUT ACCESS ALONG THE HIGHWAY BOUNDARY OF INTERSTATE

690.

• PARCEL IS ENCUMBERED WITH A PIPELINE OWNED BY BUCKEYE PARTNERS, L.P. LOCATED IN THE

NORTHWEST CORNER.

• THE SALE OF THIS PROPERTY IS SUBJECT TO ANY AND ALL ENCROACHMENTS.

• BALANCE OF DEPOSIT DUE WITH 10 DAYS OF BID ACCEPTANCE, MUST EQUAL OR EXCEED 10% OF

THE TOTAL BID LESS THE EARNEST MONEY DEPOSIT.

• THE MINIMUM BID INCLUDES THE COST OF THE CONVEYANCE MAP REQUIRED FOR CLOSING.

________W/O ACCESS

2.164+/- AC

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SURPLUS PROPERTY 03-III-834 PHOTOGRAPHS

View: Photographed from the west side of State Fair Boulevard facing northwest near the parcel’s southern corner. Date picture taken: 10/30/2018

View: Photographed from the west side of State Fair Boulevard facing northwest along the parcel’s southeastern border. Date picture taken: 10/30/2018

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SURPLUS PROPERTY 03-III-834 PHOTOGRAPHS (CONTINUED)

View: Photographed from the west side of State Fair Boulevard facing west along the parcel’s eastern most corner. Date picture taken: 8/8/2018

View: Photographed from the south side of Interstate 690 facing northeast showing surplus parcel in background over concrete barriers. Date picture taken: 9/18/2019018

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BID CONFIRMATION NEW YORK STATE DEPARTMENT OF TRANSPORTATION

For Property Auctioned on December 30, 2019

Identif ied as Surplus Property 03-III-834

Project: Northwest Arterial Connection S.H. No. 54-5; Baldwinsvil le-State Fair S.H. No. 8496;

Route 48 Interchange & Thruway Connection, FAI -570

Map 81R-1, Portion of Parcel 89; Map127, Parcel 169, Portion of 170; Map 144, Parcel 196; Town of Geddes, Onondaga 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 ________________________ _________________________ 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): _______________________