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Sheriff's Sale Case Number: 22CV095058 Barney Wright, Treasurer

SHERIFF'S SALE Case Number: 22CV095058 BARNEY WRIGHT, TREASURER OF WARREN COUNTY, OHIO vs. DAYTON BUSINESS SERVICES, LLC, TRUSTEE FOR THE DCJK PROPERTIES LLC LAND TRUST DATED AUGUST 9, 2016 ET. By virtue of an Order of Sale, duly executed from said Court in the above stated case, and to me directed, I will offer for sale, by way of public auction, in accordance with ORC Section 2329.153, online @ https://warren.sheriffsaleauction.ohio. gov on Monday, the 26th day of September, 2022, at 8:30 a.m. on said day, the following described real estate, to-wit: EXHIBIT "A" SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, RIGHTS-OF-WAY, RIGHTS FOR SPECIFIC USE, COVENANTS, RESTRICTIONS, RESERVATIONS, CONDITIONS, ZONING AND BUILDING LAWS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF RECORD. ALSO, SUBJECT TO THE RIGHTS, RESTRICTIONS AND REGULATIONS AS SET FORTH IN DEED BOOK 509, PAGE 342. SITUATED IN SECTION 31, TOWN 2E, RANGE 5N, FRANKLIN TOWNSHIP, CITY OF FRANKLIN, WARREN COUNTY, OHIO AND BEING PART OF A 4.7675 ACRE TRACT OWNED BY DAYTON BUSINESS SERVICES, LLC AS RECORDED IN DOCUMENT NO. 2016-024508 OF THE WARREN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF RILEY BOULEVARD (RIGHT-OF-WAY VARIES), SAID RIGHT-OF-WAY OWNED BY THE CITY OF FRANKLIN, OHIO AS RECORDED IN D.B. 471, Page 84 WCRO AND BEING FORMERLY THE MIAMI ERIE CANAL AND THE SOUTHERLY RIGHT-OF--WAY LINE OF SIXTH STREET HAVING A 66.00 FOOT RIGHT-OF-WAY PER THE REVISED PLAT OF FRANKLIN AS RECORDED IN PLAT BOOK 2, PAGES 17-37 WCRO); THENCE, IN AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SIXTH STREET, S 63*07'53 E A DISTANCE OF 42.95 FEET TO A POINT, SAID POINT WITNESSED BY A SET X-NOTCH BEARING N 3226'49 E A DISTANCE OF 5.02 FEET; THENCE, LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF SIXTH STREET, ALONG A CURVE DEFLECTING TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 6011.20 FEET AND AN ARC LENGTH OF 411.14 FEAT, SAID CURVE SUBTENDED BY A CHORD BEARING S 3433' 15' W AND A CHORD LENGTH OF 411.06 FEET TO A SET X-NOTCH; THENCE, S 5330'08 E A DISTANCE OF 19.70 FEET TO A SET X-NOTCH; THENCE, IN AND ALONG A CURVE DEFLECTING TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 6030.90 FEET AND AN ARC LENGTH OF 267.52 FEET, SAID CURVE SUBTENDED BY A CHORD BEARING S 3747'04 W AND A CHORD LENGTH OF 267.50 FEET TO A FOUND 5/8 IRON PIN CAP; THENCE, S 3842'37 W, PASSING A SET 5/8 IRON PINS CAP AT 390.53 FEET, A TOTAL DISTANCE OF 395.53 FEET TO THE REAL POINT-OF-BEGINNING FOR THIS DESCRIPTION; THENCE, ALONG A NEW DIVISION LINE IN AND ACROSS SAID 4.7675 ACRE DAYTON BUSINESS SERVICES, LLC TRACT, S 51*17'23' E A DISTANCE OF S 51*17'23 E 13.83 FEET TO A POINT, SAID POINT WITNESSED BY A SET 5/8 IRON PIN CAP BEARING N 3842'37 E A DISTANCE OF 5.00 FEET; THENCE, LEAVING SAID NEW DIVISION LINE, IN AND ALONG THE WESTERLY LINES OF PT. LOT 974 AND LOT 975 OF THE REVISED PLAT OF FRANKLIN AS RECORDED IN PLAT BOOK 2, PAGES 17-37 WCRO AND OWNED BY CHENEY PULP PAPER CO. AS RECORDED IN D.B. 450, PAGE 672 WCRO, S 38*42'37 W A DISTANCE, OF 565.42 FEET TO A FOUND 2 PIPE; THENCE, CONTINUING IN AND ALONG THE SOUTHERLY LINE OF SAID LOT 975, S 5117'23 E A DISTANCE OF 13.76 FEET TO A FOUND 2 IRON PIPE; THENCE, LEAVING SAID SOUTHERLY LINE OF LOT 975, IN AND ALONG THE WESTERLY LINES OF A 9.15 ACRE TRACT OWNED BY DAYTON BUSINESS SERVICES, LLC AS RECORDED IN DOCUMENT NO. 2016-024508 WCRO AND A 2 ACRE TRACT OWNED BY CITY OF FRANKLIN AS RECORDED IN D.B. 403, PAGE 480 WCR0, S 38*45'18 W A DISTANCE OF 1559.59 FEET TO A SET 5/8 IRON PIN CAP; THENCE, LEAVING SAID WESTERLY LINES OF 9.15 ACRE DAYTON BUSINESS SERVICES, LLC TRACT AND 2 ACRE CITY OF FRANKLIN TRACT, IN AND ALONG THE NORTHERLY LINE OF A 0.08 ACRE (REM.) TRACT OWNED BY CONSOLIDATED RAIL CORP. AS RECORDED; IN D.B. 509, PAGE 342 WCRO, N 57*05'19 W A DISTANCE OF 84.84 FEET TO A SET 5/8 IRON PIN 6 CAP; THENCE, LEAVING SAID CONSOLIDATED RAIL CORP. TRACT, IN AND ALONG THE EASTERLY LINES OF A 0.12 ACRE TRACT OWNED BY NELSON HILLEY AND PATRICIA ROSE PINSON AS RECORDED IN O.R, 5876, PAGE 84 WCRO, A 0.12 ACRE TRACT OWNED BY TERRY A. CAIN AS RECORDED IN 0.R. 3922, PAGE 214 WCRO, A 0.14 ACRE TRACT OWNED BY TERRY A. CAIN AS RECORDED IN O.R. 3547, PAGE 743 WCRO AND A 0.28 ACRE TRACT OWNED BY BOBBI JO QUILLEN AS RECORDED IN O.R. 5349, PAGE 836 AND 0.R. 2621, PAGE 100 WCRO, N 38*44'20 E A DISTANCE OF 326.16 FEET TO A SET 5/8 IRON PIN CAP; THENCE, LEAVING SAID EASTERLY LINES OF SAID 0.12 ACRE HILLEY PINSON TRACT, SAID 0.12 ACRE CAIN TRACT AND SAID 0.14 ACRE CAIN TRACT, AND CONTINUING IN AND ALONG THE NORTHERLY LINE OF SAID 0.28 ACRE QUILLEN TRACT, N 4845'08 W A DISTANCE OF 83.75 FEET TO A FOUNDĀ½IRON PIN; THENCE, LEAVING SAID NORTHERLY LINE OF SAID 0.28 ACRE QUILLEN TRACT, IN AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF RILEY BOULEVARD, N 4111'31 E A DISTANCE OF 698.89 FEET TO A FOUND 5/8 IRON PIN CAP. THENCE, LEAVING SAID EASTERLY RIGHT-OF-WAY LINE OF RILEY BOULEVARD, IN AND ALONG THE EASTERLY LINES OF A 1.4915 ACRE TRACT OWNED BY PACEY MINDLIN AS RECORDED IN 0.R. 1305, PAGE 185 WCRO THE FOLLOWING COURSES AND DISTANCES: 1) N 6551'01 E A DISTANCE OF 105.67 FEET TO A FOUND 5/8 IRON PIN CAP; 2) IN AND ALONG A CURVE DEFLECTING TO THE LEFT, SAID CURVE HAVING A RADIUS OF 611.60 FEET AND AN ARC LENGTH OF 289.84 FEET, SAID CURVE SUBTENDED BY A CHORD BEARING N 52*16'49 E AND A CHORD LENGTH OF 287.14 FEET TO A FOUND 5/8 IRON PIN CAP 3) N 51*17'23 W A DISTANCE OF 4.30 FEET TO A FOUND 5/8 IRON PIN CAP; 4) N. 3842'37 E A DISTANCE OF 732.33 FEET TO THE REAL POINT-OF-BEGINNING FOR THIS DESCRIPTION. CONTAINING IN ALL 3.9123 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. BEING 3.9123 ACRES OF A 4.7675 ACRE TRACT OWNED BY DAYTON BUSINESS SERVICES, LLC AS RECORDED IN DOCUMENT NO. 2016-024508 OF THE WARREN COUNTY RECORDER'S OFFICE. BASIS OF BEARINGS IS A SURVEY MADE BY DUANE AND ASSOC., INC. DATED OCTOBER 21, 1993 AND RECORDED AS SURVEY RECORD 108-20 WCRO. THIS LEGAL DESCRIPTION WAS PREPARED FROM A SURVEY BY KING- HASSELBRING ASSOCIATES, CIVIL ENGINEERS AND LAND SURVEYORS, DATED AUGUST 18, 2017, REVISED NOVEMBER 6, 2017 AND WRITTEN BY JUSTIN A. BISCHOF, P.S. PROFESSIONAL LAND SURVEYOR, STATE OF OHIO REGISTRATION NO. 8596. THE SURVEY OF WHICH IS FILED IN VOLUME 146, PLAT 74, OF THE WARREN COUNTY ENGINEERS RECORD OF LAND DIVISION. 0-31-305-013 3.9086AC. BY NEW SURVEY LOCATION: S RILEY BLVD FRANKLIN, OH 45005 PARCEL(S): 04-31-305-013 TERMS: PER COURT ORDER DATED 04/08/2022 THE TREASURER NOT HAVING APPLIED FOR AN APPRAISAL OF THE REAL ESTATE, THE COURT FINDS THAT THE ESTIMATED TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES DUE AND PAYABLE AT THE TIME OF SALE OF SAID REAL ESTATE AND COST OF THIS PROCEEDING ARE $8,000.00 AND ORDERS, PURSUANT TO OHIO REVISED CODE 323.28 (A), THAT SAID REAL ESTATE BE SOLD FOR NOT LESS THAN THE PAYMENT OF THE TOTAL AMOUNT OF SAID FINDING. THE PURCHASER WILL BE RESPONSIBLE FOR THE COSTS, ALLOWANCES AND TAXES THAT THE PROCEEDS OF SALE ARE INSUFFICIENT TO COVER. Minimum Deposit required is the opening bid amount of $8,000.00 PER COURT ORDER DATED 04/07/2022 THE OPENING BID AMOUNT WILL BE $8,000.00. PER COURT ORDER DATED 04/08/2022 THE OPENING BID AMOUNT WILL BE $8,000.00. SHERIFF LARRY L. SIMS WARREN COUNTY, OHIO WWW.WCSOOH.ORG Christopher A. Watkins Warren County Prosecutor's Office 406 Justice Drive Lebanon, OH 45036 (513)695-1921 ATTORNEY FOR PLAINTIFF 8-28, 9-4, 9-11/2022
Franklin
S Riley Blvd
45005
August 28, 2022
September 26, 2022
September 26, 2022 8:05pm