Daily Court Reporter - Miscellaneous Notices

Legal Notices: Miscellaneous Notices 2010CV01463

  • NOTICE OF SALE UNDER JUDGMENT OF FORECLOSURE OF LIENS FOR DELINQUENT LAND TAXES In the Common Pleas Court of Montgomery County, Ohio: Case No. 2010CV01463. American Tax Funding LLC vs. Stroop Road Professional Center LTD., et al, Defendants. WHEREAS, Judgment has been rendered against certain parcels of real property to be sold without appraisement for no less than the total amount of taxes, assessments, penalties and interest plus the cost of this action. Permanent Parcel Numbers: N64 01902 0093 & N64 01902 0094. Street Address: 1801 Stroop Road, Kettering, Ohio 45439 Permanent Parcel No. N64 01902 0095 Street Address: Stroop Road, Kettering, Ohio 45439 Permanent Parcel No. N64 01902 0096 Street Address: Stroop Road, Kettering, Ohio 45439 Permanent Parcel No. N64 01902 0097 Street Address; Stroop Road, Kettering, Ohio 45439 Permanent Parcel No. N64 01902 0098 Street Address: 1701 E. Stroop Road, Kettering, Ohio 45429 Permanent Parcel No. N64 03405 0308 Street Address: Stroop Road, Kettering, Ohio 45429 Permanent Parcel No. N64 30405 0312 Street Address: Wilmington Pike, Kettering, Ohio 45429 Legal Description: Parcel Nos. 1 and 2: Situated in the City of Kettering, County of Montgomery, and State of Ohio, located in Section 23 Town 2 Range 6 MRs,and being all of Lots Numbered One Hundred Forty (140) and One Hundred Forty-one (141) of the Oakdale Plat, as recorded in Plat Book K, Page 38 of the Plat Records of Montgomery County, Ohio, plus the east one-half of the 50 foot vacated street and less a 0.031 acre tract for Stroop Road right-of-way, as described in the Journal Entry settlement in page number 128093, Montgomery County Common Pleas Court as recorded in Deed Book 2488, Page 526 of the Deed Records of Montgomery County, Ohio. The entire parcel hereby beginning at an iron pin in the northerly right-of-way line of Stroop Road in the westerly right-of-way line of Connecting Railway Company; thence along said Stroop Road right-of-way South 66 deg.01' West 137.33 feet to an iron pin being 33.74 feet left of Stroop Road construction centerline Station 229+46.82; thence 146.07 feet along a curve to the right having a radius of 684.49 feet and a chord of South 79 deg.49'34" West 145.79 feet to an iron pin in the center of vacated Revere Street, also being 27.50 feet left of said Stroop Road centerline Station 227+94.10; thence along the centerline of vacated Revere Street North 4 deg. 28" East 135.01 feet to an iron pin; thence South 85 deg.32' East 25.00 feet to an iron pin; thence North 66 deg.31' East 314.95 feet along the northerly line of said Lots 140 and 141 to an iron pin in the westerly right-of-way line of said Connecting Railway Company; thence along said westerly railway right-of-way South 17 deg.24' West 135.00 feet to the place of beginning. Said entire parcel hereby conveyed containing 0.976 acres, more or less, subject, however, to all legal roads, easements, restrictions and conditions of record. EXCEPTING THEREFROM the following described real estate: Situated in the City of Kettering, County of Montgomery and State of Ohio, and being part of Lot Numbered One Hundred Forty-one (141) on the plat of the Oakdale Plat Subdivision, as recorded in Plat Book "K", Page 38, Montgomery County, Ohio Records. Beginning at a point in the intersection of the owner's west property line and the existing northerly right of way line of Stroop Road; thence North 4 deg.28' East along said property line 5.99 feet to a point in the proposed northerly right of way line of Stroop Road; thence northeastwardly with the arc of a curve to the left having a radius of 684.49 feet a distance of 146.10 feet to a point in the existing northerly right of way line of Stroop Road, the long chord of said arc bearing North 79 deg.52'04" East 145.83 feet to said point; thence south 66 deg.01' West along said existing right of way line 89.92 feet to a point; thence North 85 deg.32' West along said line 62.00 feet to the point of beginning. It is understood that the strip of land above described contains 1368 square feet, more or less. The property is known for street numbering purposes as 1801 Stroop Road, Kettering, Ohio 45439 and is further identified as Parcel Nos. N64-01902-0093 and N64-01902-0094 ("Certificate Parcels"). Parcel No. 3: Situated in the City of Kettering, County of Montgomery, and State of Ohio and being Lot Numbered One Hundred Forty-two (142) on the Oakdale Plat, being a subdivision of 123.788 acres in Section 23, Town 2, Range 6 MRs., which plat is recorded in Plat Book K, Page 38 of the Plat Records of said county, together with the west one-half of the vacated street lying east of and adjacent to said Lot 142, as vacated on November 16, 1950, by the Board of County Commissioners of Montgomery County, Ohio. EXCEPTING THEREFROM the following described real estate; Situated in the City of Kettering, County of Montgomery and State of Ohio, in Section 23, Town 2, Range 6 MRs, and being part of Lot 142 on the plat of the Oakdale Plat Subdivision as recorded in Plat Book K, Page 38, Montgomery County, Ohio Records. Beginning at a point in the intersection of the owner's east property line with the existing northerly right of way line of Stroop Road; thence North 85 deg. 32' West along said right of way line 68.04 feet to a point in the proposed northerly right of way line of Stroop Road; thence northeastwardly with the arc of a curve to the left having a radius of 684.49 feet a distance of 68.33 feet to a point in the owner's east property line, the long chord of said arc bearing North 89 deg.26'16" East 68.30 feet to said point; thence South 4 deg.28' West 5.99 feet along said property line of the point of beginning. It is understood that the strip of land above described contained 165 square feet, more or less. ALSO, the following described real estate: Situated in the City of Kettering, County of Montgomery and State of Ohio, and being Lot Numbered One Hundred Forty-three (143) on the Oakdale Plat, being a subdivision of 123.788 acres in Section 23, Town 2, Range 6 MRs., which plat is recorded in Plat Book K, Page 38, of the Plat Records of said County. The property is known for street numbering purposes as (Vacant Land)Stroop Road, Kettering, Ohio 45439 and is further identified as Parcel No. N64-01902-0095 ("Certificate Parcel"). Parcel No. 4: Situated in the City of Kettering, County of Montgomery and State of Ohio, and being Lot Numbered One Hundred Forty-three (143) on the Oakdale Plat, being a subdivision of 123.788 acres in Section 23, Town 3, Range 6 MRs, which plat is recorded in Plat Book K, Page 38, of the Plat Records of said county. The property is known for street numbering purposes as (Vacant Land) Stroop Road, Kettering, Ohio 45439 and is further identified as Parcel No. N64-01902-0096 ("Certificate Parcel"). Parcel No. 5: Situated in the City of Kettering, County of Montgomery and State of Ohio, and being Lot Numbered One Hundred Forty-four (144) Oakdale Plat, as recorded in Plat Book K, Page 38 of the Plat Records of Montgomery County, Ohio. The property is known for street numbering purposes as (Vacant Land) Stroop Road, Kettering, Ohio 45429 and is further identified as Parcel No. N64-01902-0097 ("Certificate Parcel"). Parcel No. 6: Situated in the City of Kettering, County of Montgomery and State of Ohio, and being Lot numbered One Hundred Forty-five (145) Oakdale Plat, as recorded in Plat Book K, Page 38 of the Plat Records of Montgomery County, Ohio. The property is known for street numbering purposes as 1701 E. Stroop Road, Kettering, Ohio 45429 and is further identified as Parcel No. N64-01902-0098 ("Certificate Parcel"). Parcel No. 7: Situated in the City of Kettering, County of Montgomery and State of Ohio, and being all that certain piece or parcel of land, being a part of Section 23, Township 2, Range 6, MRs., and being a part of lands conveyed to Consolidated Rail Corporation by deed recorded in MF77-560-A01 of the Deed Records of Montgomery County, Ohio, being more particularly bounded and described in accordance with a plat of survey prepared by Valdis Lapsins, Registered Surveyor No. 4731 of V.L., Associates, 3108 Wilmington Pike, Suite 300, Dayton, Ohio, dated March, 1986, as follows: Beginning at an iron pin set for the intersection of the southwesterly right of way line of Wilmington Pike with the westerly boundary of said Consolidated Rail Corporation land, said right of way line being 29,50 feet southwesterly, measured at right angles, from the centerline of Wilmington Pike; thence from said point of beginning North 15 deg.45'00" East, with the westerly boundary of said Consolidated Rail Corporation land extended northwardly for a distance of 34.33 feet to a point in the centerline of Wilmington Pike; thence South 43 deg.28'30" East with said centerline, a distance of 52.38 feet to a point; thence South 15 deg.45'00" West, a distance of 34.33 feet to an iron pin in the Southwesterly right of way of Wilmington Pike; thence South 15 deg.45'00" West, parallel to and 45.000 feet east of the west boundary of said Consolidated Rail Corporation land a distance of 453.17 feet to an iron pin in the northerly right of way line of East Stroop Road, said right of way line being 29.50 feet north, measured at right angles, from the centerline of East Stroop Road; thence South 15 deg.45'00" West, a distance of 39.37 feet to a point in the centerline of East Stroop Road; thence South 64 deg.22'00" West with said centerline, a distance of 43.57 feet to a point; thence continuing with said centerline on a curve to the right with a radius of 694.49 feet, an arc distance of 16.24 feet to a point, said curve having a chord bearing of South 65 deg.02'11" West, and a chord distance of 16.24 feet; thence north 15 deg.45'00" East, a distance of 39.06 feet to an iron pin in the northerly right of way of East Stroop Road and the westerly boundary of the Consolidated Rail Corporation land, said right of way line being 29.50 feet north, measured at right angles, from the centerline of said East Stroop Road; thence North 15 deg.45'00" East, with the westerly boundary of said Consolidated Rail Corporation land and with the easterly boundary of Lots 137 through 140 of the Oakdale Plat, as recorded in Book K, Page 38 of the Plat Records of Montgomery County, Ohio, a distance of 592.62 feet to the place of beginning. Containing 0.589 of an acre, more or less EXCEPTING THEREFROM the following described real estate: Situated in the City of Kettering, County of Montgomery and State of Ohio, located in Section 23, Town 2, Range 6 MRs, and being part of lands conveyed to Anthony F. Staub, et al., by deed recorded in MF-86-662-D04 of the Deed Records of Montgomery County, Ohio, said tract of land being more particularly described as follows: Beginning at an iron pin in the Westerly boundary of said Staub land, said point also being the northeast corner of Lot No. 140 of Oakdale Plat as recorded in Plat Book K, Page 38 of the Plat Records of Montgomery County, Ohio; thence from said point of beginning North 15 deg.45'00" East with the west boundary of said Staub land and the east plat boundary of said Oakdale Plat, a distance of 325.87 feet to a point in the Westerly right-of-way of Wilmington Pike; thence South 43 deg.28'30" East with said right-of-way a distance of 52.38 feet to a point; thence South 15 deg.45'00" West a distance of 336.11 feet to a point; thence North 34 deg.47'36" West a distance of 58.39 feet to the place of beginning, containing 0.3420 acres, more or less, subject, however, to all legal highways, easements and covenants of record. The property is known for street numbering purposes as (Vacant Land) Stroop Road, Kettering, Ohio 45429 and is further identified as Parcel No. N64 03405 0308 ("Certificate Parcel"). Parcel No. 8: Situated in the City of Kettering, County of Montgomery and State of Ohio, located in Section 23, Town 2, Range 6 MRs, and being part of lands conveyed to point Properties, Inc., as Parcels A and B by deed recorded in MF-89-166-E02 of the Deed Records of Montgomery County, ohio, said tract of land being more particularly described as follows: Beginning at an iron pin in the northerly right-of-way of Est Stroop Road at the southeast corner of the 0.513 acre tract of land conveyed to Anthony F.Staub, et al., by deed recorded in MF 86-662-D04 of the Deed Records of Montgomery County, Ohio, said point also being the southwest corner of said Point Properties, Inc. land, said point also being the following two courses from the northeast corner of Lot No. 140 of Oakdale Plat as recorded in Book K, Page 38 of the Plat Records of Montgomery County, Ohio; South 15 deg.45'00" West a distance of 203.75 feet; thence North 64 deg.22'00" East a distance of 59.98 feet; thence from said point of beginning North 15 deg.45'00" Est with the common line of said Staub and Point Properties, Inc. tracts a distance of 127.06 feet to a point; thence South 25 deg.38'00" East a distance of 87.85 feet to a point in the northerly right-of-way of East Stroop Road; thence with said right-of-way on the following bearings and courses: South 64 deg.22'00" West a distance of 36.08 feet to a point; thence South 15 deg.45'00" West a distance of 9.98 feet to a point; thence South 64 deg.22'00" West a distance of 41.32 feet to the place of beginning, containing 0.0851 acres, more or less, subject, however, to all legal highways, easements and covenants of record. The property is known for street numbering purposes as (Vacant Land) Wilmington Pike, Kettering, Ohio 45429 and is further identified as Parcel No. N64 03405 0312 ("Certificate Parcel"). Name and Address of Last Known Owner As Shown On The General Tax List: Stroop Road Professional Center, Ltd., 6820 Loop Road, Dayton, Ohio 45459. Now, therefore, public notice is hereby given that I, Phil Plummer, Sheriff of Montgomery County, Ohio, will sell such real property at public auction, for cash, to the highest bidder of an amount sufficient to satisfy the judgment against each parcel, at 10:00 A.M. in the County Administration Building, 10th Floor, 451 West Third Street, in the City of Dayton, Ohio 45402 on Thursday, September 1, 2011, to satisfy the judgment amount of $287,387.47, and if any parcel does not receive a sufficient bid, it shall be offered for sale, under the same terms and conditions of the first sale and at the same time of day and at the same place, on Thursday, October 6, 2011, for the amount of $288,007.81 to include all penalties and interest to satisfy the judgment against the parcel. This Court further orders the Sheriff of Montgomery County to publish an advertisement in the Daily Court Reporter of sale of the Parcel, which advertisement of sale shall include the date on which a second sale will be conducted if no bid is accepted at the first sale, once a week for three consecutive weeks and (ii) to sell the Parcel, without appraisal for not less than the amount due Plaintiff and in the manner provided by law for the sale of real property, pursuant to Ohio Revised Code Ann., Section 5721.19. The successful bidder must deposit $1,000 PLUS transfer and recording fees ($31.00) immediately following the sale. We will accept cash, certified check or a personal check with proper ID and signed in our presence for the deposit. The personal check must be drawn off of a local bank. The unpaid balance must be paid to the Montgomery County Sheriff by certified or cashier's check within thirty (30) days from the date the confirmation of sale is filed by the plaintiff's attorney. All deeds will be prepared by the attorney of record and recorded by the Montgomery County Sheriff's Office. PHIL PLUMMER, Sheriff of Montgomery County, Ohio David S. Anthony, Esq. (0074431) Anthony & Zomoida, LLC 1000 W. Wallings Road, Suite A Broadview Heights, Ohio 44147 (440) 627-6315 Phone (440) 627-6319 Fax David@Anthony-Zomoida.com Counsel for American Tax Funding, LLC 7-29-2011 8-12-2011 3Fri
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