Login | December 12, 2017

COMMON PLEAS COURT
of PORTAGE COUNTY, OHIO

Full text of Legal Notice

SHERIFF'S SALE

OF REAL ESTATE

The State of Ohio, Portage County.

Civil Sheriff Case: 2015SH0000401OH672

Court Case: 2015 CV 00401

Auto-Owners Life Insurance Company

vs.

Liberty Corners LLC, et al.

In pursuance of an Order of Sale in the above entitled action, I will offer for sale at public auction, "on the 1st Floor of the Courthouse, in the Magistrate Stephen J. Smith's Courtroom, Courtroom C” in Ravenna, in the above named County, on Monday, November 13, 2017, at 11:00 A.M.

The following described real estate, situated in the County of Portage and the State of Ohio, and in the City of Streetsboro to-wit:

 

PARCEL NO. 1:

Situated in the City of Streetsboro, County of Portage and State of Ohio:

And known as being a part of Original Streetsboro Township, Lot No. 45 and is further bounded and described as follows:

Beginning in the center line of State Route 43 (Variable Width) at the intersection with the center line of Market Square Drive (60 feet wide). Said intersection marked by a 5/8" iron pin (#7065) found North 88 deg. 59' 58" West, along said centerline of Market Square Drive, a distance of 30.08 feet; thence South 00 deg. 19' 15" West, along said centerline of State Route 43, a distance of 184.86 feet to the Northeasterly corner of a parcel of land conveyed to Viking Property Management, LLP by deed recorded in Instrument No. 200418948 of Portage County Records; thence North 88 deg. 43' 55" West, along the Northerly line of land so conveyed to Viking Property Management, LLP, a distance of 49.50 feet to the Southwesterly corner of Parcel 49-WD conveyed to the City of Streetsboro by deed recorded in Instrument No. 200218441 of Portage County Records and the principal place of beginning of the land herein described:

Course 1:

Thence North 88 deg. 43' 55" West, continuing along said Northerly line of land so conveyed to Viking Property Management, LLP and along the Northerly line of Parcel "B" of land conveyed to J & K Realty Company, P.L.L. by deed recorded in O.R. Volume 255, Page 222 of Portage County Records, a distance of 849.19 feet to a 5/8" iron pin (#7065) set in the curved Southeasterly right of way line of Market Square Drive, as aforesaid;

Course 2:

Thence Northeasterly, along said Southeasterly right of way line of Market Square Drive, along the arc of a curve deflecting to the right, a distance of 451.64 feet to the point of tangency therein. Said arc having a radius of 650.22 feet, a central angle of 39 deg. 47' 51" and a chord which bears North 71 deg. 06' 06.5" East, a distance of 442.62 feet;

Course 3:

Thence South 88 deg. 59' 58" East, along the Southerly right of way line of said Market Square Drive, a distance of 263.90 feet to a 3/4" iron pin ("ODOT r/w, District 4", "URS Corp") found at the Northwesterly corner of Parcel 49-WD, as aforesaid;

Course 4:

Thence South 84 deg. 26' 47" East, along a Southerly line of said Parcel 49-WD, a distance of 113.46 feet to a 3/4" iron pin (ODOT r/w, District 4", "URS Corp") found at a point of curvature therein;

Course 5:

Thence Southeasterly, along the arc of a curve deflecting to the right, a distance of 63.58 feet to a 3/4" iron pin ("ODOT r/w, District 4", "URS Corp") found at the point of tangency therein. Said arc having a radius of 45.00 feet, a central angle of 80 deg. 57' 07" and a chord which bears South 43 deg. 58' 13.5" East, a distance of 58.42 feet;

Course 6:

Thence South 03 deg. 29' 40" East, along a Westerly line of said Parcel 49-WD, a distance of 4.99 feet to a 3/4" iron pin ("ODOT r/w, District 4", "URS Corp") found at an angle point therein;

Course 7:

Thence North 86 deg. 31' 07" East, along a Southerly line of said Parcel 49-WD, a distance of 9.50 feet to a 3/4" iron pin ("ODOT r/w, District 4", "URS Corp") found at an angle point therein;

Course 8:

Thence South 03 deg. 29' 34" East, along a Westerly line of said Parcel 49-WD, a distance of 54.88 feet to a 3/4" iron pin ("ODOT r/w, District 4", "URS Corp") found at an angle point therein;

Course 9:

Thence South 00 deg. 19' 15" West, along a Westerly line of said Parcel 49-WD, a distance of 45.34 feet to the principal place of beginning and containing 2.4683 acres (107,520 square feet) of land according to survey made by Thomas J. Neff, Jr., a Registered Surveyor No. 7065-Ohio in August of 2004.

The subject area being a part of the same land conveyed to Village Commercial Associates by deed recorded in Volume 1144, Page 269 of Portage County Deed Records. The basis of bearings for the area described is South 88 deg. 59' 58" East as the center line of Market Square Drive as evidenced by the plat recorded in Plat Volume 95, Page 35 of Portage County Records. Be the same more or less, but subject to all legal highways.

PARCEL NO. 2:

Situated in the Township of Streetsboro, County of Portage and State of Ohio:

And being known as part of Lot No. 45, township, county and state aforesaid and more particularly described as follows:

Beginning at a monument found at the Southeast corner of said Lot No. 45 (which is also the centerline intersection of State Route No. 43 and State Route 303); thence North along the East line of said Lot No. 45 for a distance of 2109.10 feet to a point marked by a drill hole which marks the true place of beginning of the following described parcel of land; thence North 88 deg. 58' West, a distance of 700.00 feet to an iron pipe; thence North parallel with the East line of said Lot No. 45 for a distance of 125.00 feet to an iron pipe; thence South 88 deg. 58" East for a distance of 700.00 feet to a drilled hole in the pavement. (this point is in the East line of said Lot No. 45 and is 397.00 feet Southwardly from the Northeast corner of said Lot No. 45); thence South along the East side of said Lot No. 45 for a distance of 125.00 feet to the true place of beginning. Containing 2.00 acres of land as surveyed by Lucius F. Converse, Serial No. 1199, March 8, 1952. Iron pipes were set 30 feet Westwardly from the East line of said Lot No. 45 on both the East and West lines, the East line of said Lot No. 45 was found to be 2.50 feet East of the centerline of the existing pavement in front of this parcel.

EXCEPTING THEREFROM THE FOLLOWING:

Situated in the State of Ohio, County of Portage, City of Streetsboro:

Being a part of the Original Streetsboro Township Lot 45 Town 4 North, Range 9 West in the Connecticut Western reserve and being more particularly described as follows:

Being a parcel of land lying on the left side of the centerline of right of way of POR-43-17.28 made by the Ohio Department of Transportation as recorded in Plat Book, Page of the records of Portage County and being located within the following described points in the boundary thereof; Commencing at the Southeast corner of Lot 45 at a monument assembly found in the centerline of right of way of State Route 43 at Station 120+00.00; thence North 0 deg. 38' 31" West along the centerline of S.R. 43 for a distance of 730.79 feet to a monument set at Station 127+30.79; thence North 0 deg. 29' 32" West along the centerline of S.R. 43 for a distance of 1378.15 feet to a point at the intersection with the Grantor's South line, said point being centerline Station 141+08.94. Said point also being the true point of beginning of the parcel herein described; thence South 89 deg. 24' 32" West along the Grantor's South line for a distance of 49.51 feet to an iron pipe set; thence North 0 deg. 29' 32" West along the proposed right of way line for a distance of 88.44 feet to an iron pipe set; thence North 0 deg. 25' 45" West continuing along the proposed right of way line for a distance of 36.79 feet to an iron pin set on the Grantor's North line; thence South 89 deg. 28' 55" East along the Grantor's North line for a distance of 49.51 feet to a point on the existing centerline of S.R. 43; thence South 0 deg. 25' 45" East along the existing centerline of S.R. 43 for a distance of 35.94 feet to a point; thence South 0 deg. 29' 32" East continuing along the existing centerline of S.R. 43, a distance of 89.35 feet to the true point of beginning. The above described area contains 0.142 acres including 0.086 acres present road occupied and is contained within Portage County Auditor's Permanent Parcel No. 35-045-00-00-041.000. Grantor claims title by instrument recorded in Deed Volume 1144, Page 269 in the records of Portage County, Ohio. The basis of bearings in this description are based on the Ohio State Plane Coordinate Grid System, North Zone, NAD 83. Iron pins set in the above description are 3/4 inch diameter x 30 inch long bars with a 1-1/2 inch diameter aluminum cap marked "ODOT r/w, District 4", "URS Corp". The stations referred to herein are from the centerline right of way of State Route 43 as found in the ODOT right of way plan POR 43-14.28 on file in the Department of Transportation, Columbus, Ohio. This description was reviewed in September, 2001, by Richard W. Rockish, P.S. No. 5680 of URS Corp. This description is based on survey made by URS Corporation under the direction of Richard E. Rockish, Registered Surveyor, Number 5680 in September, 1999. Grantor for himself and his heirs, executors, administrators and assigns, reserves the right of ingress and egress to and from any residual area. Be the same more or less, but subject to all legal highways.

Parcel #'s: 35-045-00-00-042-006 and 35-045-00-00-041-000

 

The sheriff's office nor any affiliate have access to the inside of said property.

Said Premises Located at 9350 Market Square Dr., Streetsboro, OH 44241.

Said Premises Appraised at $3,000,000.00 and cannot be sold for less than two-thirds of that amount.

TERMS OF SALE: CASHIER CHECKS ONLY

If the Judgment Credit is the purchaser at the sale, they shall not be required to make a sale deposit. (ORC 2329.21)

Deposit required by Third Party Purchasers are as follows:

If appraised less than or equal to ten thousand dollars ($10,000.00) the deposit shall be two thousand dollars ($2,000.00).

Greater than ten thousand dollars ($10,000.00), but less than or equal to two hundred thousand dollars, the deposit shall be five thousand dollars ($5,000.00).

Greater than two hundred thousand dollars ($200,000.00) the deposit shall be ten thousand dollars ($10,000.00)

The purchaser shall submit to the selling officer a Purchaser Information Form. The Plaintiff should have the form prepared in advance of the sale to present to the Sheriff conducting the sale at the time of sale. (ORC 2923.71)

The purchaser shall be responsible for costs, allowance and taxes that the proceeds of the sale are insufficient to cover.

The Purchaser must pay balance due within thirty (30) days of the confirmation of sale. (ORC 2329.30)

DAVID W. DOAK, Sheriff

Portage County, Ohio

By: Roxann Boyle

REBECCA A. KUCERA FISCHER, 950 Main Avenue, Suite 600, Cleveland, OH 44113, Attorney for Plaintiff.

Oct 12, 19, 26, 2017 17-00464

Result of Sale: Sold to Pltf for $2,000,000.00

 

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