Menominee County Land Auction

Auctioneer's Note

SALE NO. LEGAL DESCRIPTION MIN BID

1 55-005-034-017-25 $705.74
SEC 34 T38N R25W PRT OF SE/SW COM 87.96’ N OF SE
COR TH W 58’ S 50’ E58’ N 50’ TO POB 0.07 AC.
County Road 553 Wilson MI

2 55-006-610-001-00 $627.18
SEC 18 T36N R27W LOT 1 BLK 10 VILLAGE OF BANAT
Holmes Twshp

3 55-006-610-002-00 $707.45
SEC 18 T36N R27W LOTS 2 & 3 BLK 10 VILLAGE OF BANAT
Holmes Twshp

4 55-011-149-017-00 $2531.40
LOT 21 BLK 9 PLAT OF HERMANSVILLE
first street Hermansville MI

5 55-011-149-017-50 $7525.09
LOT 17-20 BLK 9 PLAT OF HERMANSVILLE

6 55-011-149-017-50 2342.13
QUIMBY’S 1ST ADD PRT OF LOTS 2 & 3 BLK 1 BEG AT
A PT 8’ E & 77 ¼’ S OF NW COR OF LOT 2 TH E 157’ TH S 30’ TH W 157’ TH N 30’ TO POB
908 5th St Menominee MI

8 55-051-009-310-00 $3763.02
STEPHENSON & KIRBYS 1ST ADD 3 BLK 19
709 14th Ave Menominee MI

10 55-051-030-570-00 $1078.93
AUGUSTUS SPIES 3RD ADD LOT 3 BLK 5 EXC W 10’
32nd ave Menominee MI

Terms & Conditions

MENOMINEE COUNTY
PUBLIC LAND AUCTION
OFFICE OF COUNTY TREASURER
DIANE LESPERANCE, TREASURER
839 10TH AVE
MENOMINEE, MI 49858
906-863-5548
This sale will be held pursuant to the provisions of Section 211.78m of Public Act
123 of 1999 as amended. Bids are not accepted in any form prior to the public
auction. Items listed herein are subject to change without notice.
Dates of Sales:
September 21, 2010
Bidder Registration at 4:30 p.m.
Auction Starts at 4:45 p.m.
The following sales will only be held if properties are not sold at previous sale:
November 16, 2010
Bidder Registration at 4:30 p.m.
Auction Starts at 4:45 p.m.
ALL SALES TO BE HELD AT
THE MENOMINEE COUNTY COURTHOUSE
839 10TH AVENUE
MENOMINEE, MICHIGAN
*Subject to Change
THE FOLLOWING RULES AND REGULATIONS
ARE SUBJECT TO CHANGE AT ANY TIME.
RULES AND REGULATIONS
1. REGISTRATION - Registration will start 15 minutes before sale on each sale day. No bids
will be accepted unless the bidder has registered and received a pre-numbered bid card.
Driver’s license or other proof of identity will be required to register. Driver’s license or state
I.D. must be presented in order to receive a bidder number. All sales will begin at the
scheduled time.
2. PROPERTIES OFFERED - The attached list of County Treasurer owned properties being
offered, identified by sale unit numbers, have been approved for sale at public auction by the
County Treasurer. According to state statutes, ALL PRIOR liens, encumbrances and taxes
ARE CANCELED by Circuit Court Order. These properties are subject to any state, county
or local zoning or building ordinances. The County Treasurer does not guarantee the usability
or access to any of these lands. IT IS THE RESPONSIBILITY OF PROSPECTIVE
PURCHASERS TO DO THEIR OWN RESEARCH AS TO THE USE OF THE LAND
FOR THEIR INTENDED PURPOSE AND TO MAKE A PERSONAL INSPECTION
OF THE PROPERTY ON THE GROUND TO DETERMINE IF IT WILL BE
SUITABLE FOR THE PURPOSES FORWHICH IT IS BEING PURCHASED. THE
COUNTY TREASURER MAKES NEITHER REPRESENTATIONS NOR CLAIMS AS
TO FITNESS FOR PURPOSE, INGRESS/EGRESS,CONDITIONS,COVENANTS,OR
RESTRICTIONS. OCCUPIED STRUCTURES MAY NOT BE ENTERED WITHOUT
THE TENANT’S PERMISSION. SECURED VACANT STRUCTURES MAYNOT BE
ENTERED.
All offered properties may be subject to flooding. Any new construction or reconstruction
should be elevated above the 100-year flood plain. Also, any filling, dredging or other
permanent construction below the ordinary high-watermark of the water body involved may be
subject to the provisions of 1972 Public Act 346. Any earth change on the property may be
subject to the provisions of 1972 Public Act 347. These properties may also be subject to the
Goemaere-Anderson Wetland Protection Act, Public Act 203.
3. MINIMUM BID PRICE - The minimum bid prices are shown on the list. No
September sales can be made for less than the minimum bid price indicated. There is no
minimum bid price for the November sale. There will be a minimal cost for deed preparation
and other costs for the November sale.
4. BIDDING - Any registered person may bid on the properties offered. Any person unable to
attend the sale can be represented at the sale by an agent or other representative with authority
to bid and otherwise represent the person. The registered bidder is legally and financially
responsible for all parcels bid upon whether representing ones self or acting as an agent. Each
sale unit will be offered separately and in the order appearing on the list. Each sale will be
awarded to the individual bidding the highest amount bid, equal to or greater than the
minimum bid for the and September sale. The November sales will be awarded to the
individual bidding the highest amount.
An oral bid accepted at public auction is a legal and binding contract to purchase. No sealed
bids will be accepted and the County Treasurer reserves the right to reject any or all bids.
5. TERMS OF SALE - The Purchase price consists of bid price.
FOR THE SEPTEMBER SALE, THE PURCHASER MUST PAY
TWENTY (20)% OF THE PURCHASE PRICE THE DAY OF SALE. THE
REMAINDER OF THE PURCHASE PRICE MUST BE PAID WITHIN THIRTY (30)
DAYS OF DAY OF SALE. THE 20% DOWN PAYMENT WILL BE FORFEITED IF
BALANCE IS NOT PAID 30 DAYS FROM SALE. Cash, bank cashiers check, bank
official checks, personal checks and business checks will be accepted.
FOR THE NOVEMBER SALE, THE TOTAL PURCHASE PRICE MUST BE PAID
THE DAY OF SALE. ONLY CASH, BANK CASHIERS CHECK OR BANK
OFFICIAL CHECKS WILL BE ACCEPTED.
All monies paid and all properties bid upon will be forfeited if the purchaser fails to
consummate any part of any purchase on any day of the auction. THE COUNTY
TREASURER MAY PROSECUTE ANY PURCHASER WHO FAILS TO
CONSUMMATE A PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A
PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE LAND
AUCTIONS. Checks are to be made payable to the Menominee County Treasurer.
NO PURCHASES WILL BE MADE ON A TIME PAYMENT PLAN.
THE COUNTY TREASURER RESERVES
THE RIGHT TO CANCEL ANY SALE, AT ANY TIME
Any announcements made by the auctioneer or County Treasurer on the day of sale take
precedence over any previously published or verbally conveyed terms and conditions. Bidders
must be attentive at the sale.
6. PURCHASE RECEIPTS - Successful bidders at the sale will be issued a receipt for their
purchases upon payment. Purchasers will be entitled to deeds for the property descriptions
identified by the assigned sale unit numbers noted on the receipts.
7. TITLE BEING CONVEYED-Quit-claim deeds will be issued conveying only such title as
received by the County Treasurer through tax foreclosure. Title insurance companies may or
may not issue title insurance on the properties purchased at this sale. The County Treasurer
makes no representation as to the availability of title insurance and the UNAVAILABILITY
OF TITLE INSURANCE IS NOT A GROUNDS FOR RECONVEYANCE TO THE
COUNTY TREASURER. THE PURCHASER MAY INCUR LEGAL COSTS FOR
QUIET TITLE ACTION TO SATISFY THE REQUIREMENTS OF TITLE
INSURANCE COMPANIES IN ORDER TO OBTAIN TITLE INSURANCE.
8. SPECIAL ASSESSMENTS/CHARGES -Special assessments/charges through tax year 2009are included in the minimum bids. We have identified those parcels with known special
assessments with an (X) on the Public Land Auction 2010 spreadsheet. All bidders should
contact city or township offices to determine if there are any outstanding bonded assessments
for future tax years on the properties being offered.
9. POSSESSION OF PROPERTY - We recommend that no purchaser takes physical
possession of any property bid upon at this sale until a deed has been executed and delivered to
the purchaser. No activities should be conducted on the site other than a baseline
environmental assessment to the contaminated properties. HOWEVER, STEPS SHOULD
BE TAKEN TO PROTECT YOUR EQUITY IN THIS PROPERTY BY SECURING
VACANT STRUCTURES AGAINST ENTRY AND OBTAINING (HOMEOWNERS)
INSURANCE FOR OCCUPIED PROPERTY. ADDITIONALLY, BUYERS ARE
RESPONSIBLE FOR CONTACTING LOCAL UNITS OF GOVERNMENT TO
PREVENT POSSIBLE DEMOLITIONOF STRUCTURES SITUATED ON PARCELS.
10. CONDITIONS - The purchaser accepts the premises in its present “as is” condition, and
releases the County Treasurer and employees and agents from all liability whatsoever arising
from any condition of the premises, whether now known or subsequently discovered, including
but not limited to all claims based on environmental contamination of the premises.
A person who acquires property that is contaminated (a “facility” pursuant to Section 20201 (1)
(1) of the Natural Resources and Environmental Act (NREPA), 1994, P.A. 451, as amended) as
a result of release(s) of a hazardous substance(s)may become liable for all costs of cleaning up
the property and any other properties impacted by the release(s). Liability may be imposed
upon the person acquiring the property even in the absence of any personal responsibility for,
or knowledge of, the release. Protection from such liability may be obtained by conducting a
Baseline Environmental Assessment (BEA) as provided for under Section 20126(1) (c) of
NREPA. However, the BEA must be conducted prior to or within 45 days of the earliest date
of purchase or occupancy of the property. Persons who acquire contaminated property may
have “due care” obligations under Section 20107a of NREPA even if they conduct a BEA and
are not liable for the contamination.
Pursuant to Part 201 of the NREPA, the person(s) responsible for an activity causing a release
at the property is obligated to pursue response activities at the property. Consequently, the
non-liable purchaser may be required to provide access to the liable party to conduct response
activities at the property in the future.
Section 20116 of the NREPA requires that a person who has knowledge that their property is
contaminated provide a written notice to the purchaser or other person to which the property is
transferred which discloses the general nature and extent of the release. Additional disclosure
obligations may also apply at the time the property, or an interest in the property, is transferred.
Accordingly, the County Treasurer recommends that a person who is interested in acquiring
surplus County property contact an attorney or an environmental consultant for advice prior to
the acquisition of any surplus County property that may be contaminated.
11. DEEDS - Deeds will be executed and delivered to the successful purchaser within 30 days
after payment of full purchase price. It will be the responsibility of the County Treasurer to
record the deed(s).
12. 2010 TAXES - Purchaser will be responsible for all 2010 taxes.
13. LAND SALE POSTINGS - Posted land sale notices are posted based on the estimated
location of the sale property. The potential purchaser should research the property’s location
per the legal description.