Fisher & Winner, LLP, Attorneys
315 N. Charles Street, Baltimore, MD 21201

GUARDIANS' AUCTION

FREDERICK COUNTY, MD
"Braddock Heights"

- Potential Development Opportunity -

9.0479± ACRE PARCEL
Zoned VC (Village Center) & R3 (Residential)

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Sale On Premises
6711 JEFFERSON BOULEVARD
Frederick, Maryland 21703

WEDNESDAY, SEPTEMBER 20, 2006
AT 11:00 A.M.

Note: Rescheduled from Aug. 1, 2006

LOCATION:

6711 Jefferson Boulevard is situated in the village of Braddock Heights, between the Frederick Montessori School and Braddock Heights Volunteer Fire Department. Jefferson Boulevard is lined with Victorian cottages, used for residential and commercial purposes. Though major new home development is taking place nearby, Braddock Heights retains the feeling of a bygone era. The site is less than 2 miles from I-70 and U.S. Route 40 and ten minutes from Downtown Frederick. Due to the close proximity to I-70, the property is a reasonable commute from Washington, D.C. and Baltimore.

Directions - From I-70 Exit 49 follow U.S. Route 40 Alternate west 1.1 miles to Maryland Avenue. Turn left on Maryland Avenue 0.4 mile to Jefferson Boulevard, then right 0.1 mile to property on left side of road. For directions from your location, visit: http://www.mapquest.com/directions/main.adp

LOCATION MAP

TAX INFORMATION:

Tax Map 66, Grid 19, Parcel 494
Tax Account No. 24-443620
2005 Real Property Taxes $1,381.49

TITLE:

Title is in the name of Louis I. Kaplan and Charles S. Winner, Co-Guardians of the Property of David W. Ament, by virtue of a Confirmatory Deed, dated June 27, 2006, recorded among the Land Records of Frederick County, Maryland in Book 6095, Page 698.

NOTE: The following files were updated on 07/14/06.
CONFIRMATORY DEED (pdf)
LEGAL DESCRIPTION (pdf)
SURVEY PLAT (pdf)


Potential Out-Conveyance
Quitclaim Deed for 0.0357 Acre Lot (pdf)

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The owners of 6633 Jefferson Boulevard, lot no. 14 on Plat A of the Braddock Building & Development Company and a lot neighboring the property to be sold, have asserted against the Sellers a claim of ownership to an approximately 1556 square foot, or approximately 0.036 acre, piece of the property to be sold. The disputed piece of property is an approximately 20 foot by 78 foot rectangle located in the southwestern corner and on the boundary of the Sellers' property. The adverse claimants base their claim upon a quitclaim deed dated August 9, 2000 and recorded in the land records of Frederick County at Book 2748, page 127.

The Sellers' investigations lead them to question the validity of this claim. However, in view of the claim, the Sellers are offering the property for sale upon the following terms. The Sellers will give the Purchaser the following option. After completing his or her own examination of the Sellers' title to their property and of the adverse claim, before settlement, the Purchaser may elect to take title to the Sellers' property, including the disputed 0.036 acre parcel, subject to the legal effect, if any, of the adverse claimants' quitclaim deed, or the Purchaser can elect to require the Sellers', at their expense, to deed the disputed parcel to the adverse claimants. If the Purchaser makes the latter election, the Sellers' obligation will be discharged when they execute and deliver a quitclaim deed to the adverse claimants. In neither case will there be any adjustment to the purchase price.

SITE:

The property comprises approximately 9.0479± acres, fronting approximately 155' and 50' on both sides of the Braddock Heights Volunteer Fire Company along Jefferson Boulevard. A 20' right-of-way leads to Old Swimming Pool Road (Maryland Avenue continued). The site appears to have an average depth of about 1,000' and an average width of approximately 350'.

The property appears to be approximately 50% clear and 50% wooded. The lot slopes down from north to south (front to rear). Nearby mountains are visible from the property.

The westernmost frontage along Jefferson Boulevard is improved by a dilapidated home.


INTERIOR OF SITE    STREET VIEW #1    STREET VIEW #2
FRONT OF HOUSE     REAR OF HOUSE

IMPROVEMENTS:

Circa 1899 frame farmhouse, with stone foundation and covered front porch - SUBSTANTIALLY DESTROYED BY FIRE; frame garage.

UTILITIES:

Public water and electricity appear to be in the property. Private septic would be required.

ZONING:

The front portion of the property appears to be located in a VC - Village Center business district. The rear of the site appears to be in an R3, residential district. Under the R3 zoning, the minimum site size is 12,000 square feet. No express or implied warranty is made as to the actual zoning or with respect to the permitted uses thereunder.



Zoning Ordinance - Frederick County:
http://www.co.frederick.md.us/planning/Zoning/zoneord.pdf

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BROKER
PARTICIPATION:


Click here for Broker Registration Form



TERMS OF SALE

       A $20,000 deposit, payable by certified check or cashier's check, will be required of the purchaser at time and place of sale. The deposit shall be increased to 10% of the purchase price within 24 hours at the Auctioneer's office. Balance to be paid in cash within 45 days. If payment of the balance does not take place within the specified time, the deposit shall be forfeited and the property may be resold at the risk and expense of the purchaser. Interest to be charged on the unpaid purchase money, at the rate of 12% per annum, from date of sale to date of settlement. All adjustments, including taxes, all other public charges and assessments payable on an annual basis, and sanitary and/or metropolitan district charges, if any, to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. The property will be sold in "AS IS" condition, and subject to easements, agreements, restrictions or covenants of record affecting same, if any. Purchaser assumes the risk of loss from the date of sale forward. The purchaser waives and releases the Sellers, the Auctioneers, and their respective agents, successors and assigns from any and all claims the purchaser and/or its successors and assigns may now have or may have in the future relating to the condition of the property, including but not limited to the environmental condition thereof The purchaser agrees to waive the right of inspection for lead paint, as provided under current Federal and State law. If the Seller is unable to convey good and marketable title, the purchaser's sole remedy in law or equity shall be limited to the refund of the deposit. Upon refund of the deposit this sale shall be null and void and of no effect, and the purchaser shall have no further claim against the Seller or Auctioneers. Recordation costs and transfer taxes to be paid by the purchaser. Time is of the essence.

       NOTE: Dimensions and acreage contained herein are more or less. Prospective purchasers are encouraged to perform their own due diligence, including contacting the appropriate municipal authorities, regarding the potential uses of the site. The property will be sold free and clear of all liens.

NO BUYER'S PREMIUM!