Commercial Property Auction Details

167 - 169 Genesee St, - Utica, NY 13501
167 - 169 Genesee St, - Utica, NY 13501
Auctioned: 12:00 PM Thursday, March 15, 2012

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167 - 169 Genesee St, - Utica, NY 13501
330115 00--DA-SM/03-2012

The $10,000 deposit required to bid online for this property has been waived.

This property offers a five-story commercial building with retail on the first floor and additional space on the upper floors for build-out accommodating future office or retail space. The property is located in the downtown central business area of Utica near the intersection of Genesee and Bleeker Streets. The area is known as the Mohawk Valley Region and is zoned CCBD, Commercial Central Business District.

The first floor consists of 5,850+/- sf open retail space and the five-story building totals 38,180+/- sf. The site is an irregular shaped parcel containing 7,522+/- sf or approx 0.172 acres with 45.5+/- feet of frontage on the east side of Genesee Street. The site is level at the street grade and is served by all public utilities including sewer, water, gas, electricity and cable. The property has no on-site parking.

The store has a vinyl floor, a dropped ceiling with fluorescent fixtures and painted sheetrock walls. The pharmacy area (this was formerly a Rite Aid store) is located at the rear or the store. What was the employee area, located behind the pharmacy, contains two bathrooms, security area, lounge and storage area.

Access to the upper floors is from a front entrance at the north end of the building. The doorway leads to a small hallway with stairs leading to the upper floors. There is small elevator that is reported to be non-operational.

The building is located in the Oneida Square Arts District and is active with retail and services that are evolving with rejuvenation. Property ID:330115

Auctioned: 12:00 PM Thursday, March 15, 2012

REAL ESTATE AUCTION

Legal Description: 3-16-07-017 438X1696 CO 05/02 318.051-0001-007.000/0000 County: ONEIDA, NY APN: 301600-318-051-0001-007-000-0000 Census Tract / Block: / Alternate APN: Township-Range-Sect: Subdivision: Legal Book/Page: Map Reference: 318-51 / Legal Lot: 7 Tract #: Legal Block: 1 School District: Market Area: 301600 Municipality/Township: UTICA Neighbor Code:


Auctioned: 12:00 PM Thursday, March 15, 2012


Disclosures: DEED RESTRICTIONS: RX AND RX PARKING (EXCLUDES THE USE OF THE BUILDING AS A PHARMACY.



EACH HIGH BIDDER MUST MAKE A 10% ($2,500 MINIMUM - WHICHEVER IS GREATER) NON-REFUNDABLE DEPOSIT PER PROPERTY IMMEDIATELY FOLLOWING AUCTION. CASH, CASHIER'S CHECKS, AND PERSONAL CHECKS (ELECTRONICALLY PROCESSED) ARE ACCEPTED.



A 3% BUYERS PREMIUM WILL APPLY TO THIS PROPERTY.



CLOSING SHALL TAKE PLACE ON OR BEFORE 30 DAYS FROM AUCTION DATE.



TITLE TO THE REAL ESTATE IS BEING CONVEYED. PERSONAL PROPERTY MAY BE PRESENT AND IS INCLUDED IN THE AUCTION. REMOVAL OF PERSONAL PROPERTY REMAINING ON SITE AT THE TIME OF CLOSING WILL BECOME THE RESPONSIBILITY OF THE NEW OWNER. BUYER AGREES TO REMEDIATE ALL NECESSARY REPAIRS AND ACCEPTS RESPONSIBILITY FOR ALL COMPLIANCE MEASURES REQUIRED BEFORE OCCUPANCY.



BUYER AGREES TO ASSUME ALL LIABILITY FOR ANY DEFECTS OF THE PROPERTY, AND HOLDS SELLER HARMLESS FOR ANY AND ALL DEFECTS THEREOF.



ZONING/OCCUPANCY INSPECTIONS DISCLOSURE. THE PROPERTY MAY BE SUBJECT TO CITY/COUNTY ZONING, USE, OR CERTIFICATE OF OCCUPANCY INSPECTIONS. BUYER IS PURCHASING THE PROPERTY AS-IS, WHERE-IS, AND ASSUMES SOLE RESPONSIBILITY AND EXPENSE TO OBTAIN SAID INSPECTION PRIOR TO OCCUPANCY. NEITHER SELLER NOR WILLIAMS & WILLIAMS HAVE ANY KNOWLEDGE OF ANY REGULATORY REQUIREMENTS OR HOW SAME MAY IMPACT BUYER'S INTENDED USE OF THE PROPERTY. BUYER ASSUMES RESPONSIBILITY FOR SATISFYING OF ALL ZONING, USE, OCCUPANCY, AND ANY OTHER REGULATORY REQUIREMENTS, INCLUDING ALL COSTS AND REMEDIATION THAT MAY BE NECESSARY.


Disclosures: DEED RESTRICTIONS: RX AND RX PARKING (EXCLUDES THE USE OF THE BUILDING AS A PHARMACY.



EACH HIGH BIDDER MUST MAKE A 10% ($2,500 MINIMUM - WHICHEVER IS GREATER) NON-REFUNDABLE DEPOSIT PER PROPERTY IMMEDIATELY FOLLOWING AUCTION. CASH, CASHIER'S CHECKS, AND PERSONAL CHECKS (ELECTRONICALLY PROCESSED) ARE ACCEPTED.



A 3% BUYERS PREMIUM WILL APPLY TO THIS PROPERTY.



CLOSING SHALL TAKE PLACE ON OR BEFORE 30 DAYS FROM AUCTION DATE.



TITLE TO THE REAL ESTATE IS BEING CONVEYED. PERSONAL PROPERTY MAY BE PRESENT AND IS INCLUDED IN THE AUCTION. REMOVAL OF PERSONAL PROPERTY REMAINING ON SITE AT THE TIME OF CLOSING WILL BECOME THE RESPONSIBILITY OF THE NEW OWNER. BUYER AGREES TO REMEDIATE ALL NECESSARY REPAIRS AND ACCEPTS RESPONSIBILITY FOR ALL COMPLIANCE MEASURES REQUIRED BEFORE OCCUPANCY.



BUYER AGREES TO ASSUME ALL LIABILITY FOR ANY DEFECTS OF THE PROPERTY, AND HOLDS SELLER HARMLESS FOR ANY AND ALL DEFECTS THEREOF.



ZONING/OCCUPANCY INSPECTIONS DISCLOSURE. THE PROPERTY MAY BE SUBJECT TO CITY/COUNTY ZONING, USE, OR CERTIFICATE OF OCCUPANCY INSPECTIONS. BUYER IS PURCHASING THE PROPERTY AS-IS, WHERE-IS, AND ASSUMES SOLE RESPONSIBILITY AND EXPENSE TO OBTAIN SAID INSPECTION PRIOR TO OCCUPANCY. NEITHER SELLER NOR WILLIAMS & WILLIAMS HAVE ANY KNOWLEDGE OF ANY REGULATORY REQUIREMENTS OR HOW SAME MAY IMPACT BUYER'S INTENDED USE OF THE PROPERTY. BUYER ASSUMES RESPONSIBILITY FOR SATISFYING OF ALL ZONING, USE, OCCUPANCY, AND ANY OTHER REGULATORY REQUIREMENTS, INCLUDING ALL COSTS AND REMEDIATION THAT MAY BE NECESSARY.
Terms of Sale:

Registration at the commercial auction finalizes each bidder's agreement to the terms and conditions of sale as stated in the Contract and its Addenda which are incorporated by reference into your bidding. DO NOT BID unless you have registered and received a Bidder's Card and Sale Day Notes and agreed to be bound by the terms of sale in the Contract as they are final upon you becoming a high bidder.

All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. Williams & Williams represents the Sellers only and does not inspect properties on bidder's behalf. Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures.

Buyers receive a deed and Title Insurance Policy as provided by the Closer indicated in the Contract (any mobile/manufactured housing on the property will only be conveyed by a Hold Harmless Agreement or Quit Claim Bill of Sale unless otherwise noted in Disclosures). Current year's taxes are pro-rated through day of closing as customary.

A Buyer’s Premium of 3% ($2,500 minimum) will be added to each high bid and included in the total purchase price.

Each high bidder must make a 10% ($2,500 MINIMUM - whichever is greater) non-refundable deposit per property immediately following auction. Cash, cashier's checks, personal checks and business checks (electronically processed) are accepted. The balance of the purchase price and all closing costs are due within 30 days. Closing costs generally total approximately $1,500 and include, but are not limited to, title exam, title policy, closing fee and filing costs.

Bidding starts at the nominal Opening Bid(s) indicated and is open to the public. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down lots and/or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding, to accept or reject any or all bids, and to cancel or re-schedule an auction. The Auctioneer will call the sale and control any increments of bidding. To make a bid, raise your hand or Bid Card to be recognized. The bidding usually takes less than 3 minutes for each property. Absentee bids may be accepted at the discretion of the Auctioneer. The Auctioneer reserves the right to enter bids on behalf of absentee bidders as specified in 21 NCAC 4B. Any mistakes during bidding as to who has the high bid and/or at what price may be called to the Auctioneer's attention and corrected. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.

Do not inspect properties and/or attend an auction except at your own risk. Broker and Seller, their agents and employees, expressly disclaim any "invitee" relationship and shall not be liable to any person for damages to their person or property while in, on or about these properties, nor shall they be liable for hidden defects, dangers or conditions. All persons shall be on the premises at their own risk and shall defend, indemnify, and save harmless Broker and Seller from any and all liability attendant thereto.

All properties offered for sale at auction under the "ABSOLUTE" or "WITHOUT RESERVE" designations are being offered for sale without reserve (i.e.) for the high bid price in each instance and are not subject to subsequent approval by any third party. All other auctions are subject to court or seller approval unless otherwise provided in the Contract and Sale Day Notes. Possession is not granted until filing of the deed at which time the property should be re-keyed. [Any mobile/manufactured housing on property will only be conveyed by a Hold Harmless Agreement or Quit Claim Bill of Sale unless otherwise noted].

If more than one property is being auctioned, the Auctioneer may choose to offer a group of the properties for auction at the same time. This is called "BUYER'S CHOICE" and is to accommodate buyers who have an interest in more than one property and/or have 2nd and 3rd choices if they are out bid for a favorite property. Upon winning the bid, please choose which property, or properties, you want. You pay the high bid price for each property selected. Each sale is final and stands alone. Remaining properties are then offered in another round of bidding. Anyone may bid at any time, including prior High Bidders.

Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Potential purchasers are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the seller or their agents. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it.

Auction Network
TERMS & CONDITIONS OF SERVICE

The property offered in this auction will be offered and sold by Williams & Williams Marketing Services, Inc. ("Williams & Williams"). Any questions regarding the auction process or a property should be directed to Williams & Williams or its designated representative. Auction Network, LLC ("Auction Network") serves solely as the online bidding service (the "Service") for Williams & Williams. Your use of the Service is governed by these Auction Network Terms & Conditions of Service, and the Auction Network Terms of Use located at the following URL: http://www.auctionnetwork.com/Site/TermsOfUse.asp, as amended from time-to-time by posted notices or oral announcements made during any auction.

Williams & Williams serves as the auctioneer, and represents the owner of the property at auction. The auction and conveyance of each property shall be governed by property specific Contract for Sale, Sale Day Notes, Disclosures, and the Williams & Williams Terms & Conditions of Sale. These documents govern your bid and the sale of each property, and can be accessed and reviewed at the Williams & Williams property specific web page.

DO NOT BID unless you have read the Williams & Williams Terms & Conditions of Sale, the Contract for Sale, Property Disclosures, and the Sale Day Notes for each property. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.

Auction Network, Williams & Williams and the Seller are not responsible for technical difficulties during online or remote bidding. Occasionally, the Auction Network online bidding interface may be unable to submit bids in the live auction due technical difficulties including, without limitation, the lack of sufficient communication infrastructure at the location of the live auction. Online bidders are advised to place an absentee bid at least 1 day prior to the live auction to ensure their bid is entered into the live auction on the online bidder's behalf.

In the event of any conflict between Auction Network's Terms & Conditions of Service and the Williams & Williams Terms & Conditions of Sale, the Williams & Williams Terms & Conditions of Sale shall control in each instance.

Auction Network has no authority to, and does not provide, any guarantee, warranty, or covenant, of any kind or nature, regarding a property. Per the Williams & Williams Terms & Conditions of Sale, all properties auctioned are otherwise sold "AS-IS, WHEREIS" without any representation or warranty, express or implied, of any kind by Williams & Williams, Auction Network, or the respective seller, and with no financing, inspection or other contingencies to sale. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Williams & Williams. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale.

Neither Auction Network nor Williams & Williams assumes any risk, liability or responsibility for the authenticity of the authorship of any property or livestock offered at this auction (that is, the identity of the creator or the period, culture, source or origin, or lineage, as the case may be, with which the creation of any property is identified).

The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.

Any property may be withdrawn by Auction Network or Williams & Williams at any time before the actual sale without any liability therefore. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he or she may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he or she decides that any advance thereafter is insufficient, he or she may reject such advance.

These Auction Network Terms & Conditions of Service, Terms & Conditions of Use, Williams & Williams' Terms & Conditions of Sale, as well as the online buyer's rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Oklahoma. By bidding at this auction, whether in person or by agent, order bid, telephone, online, or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state and federal courts sitting in the State of Oklahoma.

You are registering to bid on the following properties, and as stated above, your bid, and the sale of the property, will be governed by the property specific Williams & Williams Contract for Sale, Disclosures, Sale Day Notes, and Terms & Conditions of Sale. Each of these documents are available for your review at the Williams & Williams property specific web page. DO NOT BID unless and until you review these documents. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.



Legal Description: 3-16-07-017 438X1696 CO 05/02 318.051-0001-007.000/0000 County: ONEIDA, NY APN: 301600-318-051-0001-007-000-0000 Census Tract / Block: / Alternate APN: Township-Range-Sect: Subdivision: Legal Book/Page: Map Reference: 318-51 / Legal Lot: 7 Tract #: Legal Block: 1 School District: Market Area: 301600 Municipality/Township: UTICA Neighbor Code:
Property
167 - 169 Genesee St,
Utica, NY 13501
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