"Essex"

Featuring Live & Simulcast Online Bidding
$400,000 Opening Bid

4.84± ACRE
MIXED-USE PROPERTY
Known As “Break Away Bar & Grill”

Sale On Premises:
506 MARLYN AVENUE
a/k/a 506 S. Marlyn Avenue
Essex, Baltimore County, MD 21221

Online Bidding Opens
FRIDAY, DECEMBER 10, 2021

Live Onsite Auction Begins
WEDNESDAY, DECEMBER 15, 2021
AT 1:00 P.M.

NOTE: The information contained herein has been obtained from sources deemed reliable and is believed to be accurate. However, no express or implied warranty is made or may be inferred from any such representation. Dimensions, square footage and acreage contained herein are more or less. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction, regarding the permitted uses of the property. Some interior photos have been digitally staged for marketing purposes. Fireplaces are not known to be operational.

LOCATION:
The Break Away Bar & Grill is located in the Essex area of eastern Baltimore County. The long-standing tavern is well-positioned along Marlyn Avenue, a mostly commercial thoroughfare connecting Eastern Boulevard to a number of residential communities clustered around the Back River and its tributaries. Other property uses along Marlyn Avenue include retail storefronts, restaurants, automotive businesses, offices, religious facilities and private clubs. Most of the surrounding properties are residential, comprising a variety of home styles and sizes. The location is easily accessible from the Baltimore Beltway (I-695) and Southeast Boulevard (MD-702), both via Eastern Boulevard. Exposure at the site is good, with MDOT reporting 12,362 cars per day (AADT) in front of the property.

The property is currently being operated as a tavern with leased storage yard and rental apartment. The auction provides an opportunity to buy a property with great development potential with a collection of assets, including the existing structure, liquor license and furniture, fixtures and equipment. The mix of zoning at the site provides both commercial and development potential.

For more information about the area and business, please visit:
Baltimore County Government – www.baltimorecountymd.gov

SITE:
Lot size: 4.84 acres, more or less, according to public tax and deed records

The lot fronts approximately 160′ along S. Marlyn Avenue. Large curb cut.

Asphalt paved parking area for 30+ vehicles. Fenced storage yard at the rear of the parking lot, currently leased for $900/month (month-to-month lease).

Pole Sign

All public utilities

ZONING:
According to the Baltimore County Zoning GIS, the property overlaps 3 zoning districts, as follows:

BL – Business Local –

• Comprising approximately 1.83 acres at the front of the property along Marlyn Avenue.
• According to Baltimore County’s A Citizen’s Guide to Zoning:
  • “Typical Uses Permitted by Right: Retail sales, personal services, restaurant, bank, office, tavern, food store, medical clinic.
  • Typical Uses Permitted by Special Exception: Arcade, car wash, service garage, hotel/motel, funeral establishment, golf course, driving range, animal boarding place Class A, theater, retail business in a structure more than 80,000 square feet meeting certain conditions.”

DR 5.5 – Residential –

• Comprising approximately 1.90 acres at the rear (southwest corner) of the property
• 5.5 dwelling units/acre

DR 16 – Residential –

• Comprising approximately 1.11 acres at the rear (northwest corner) of the property
• 16 density* units/acre
• Based on A Citizen’s Guide to Zoning, density units (DU) are described as follows:
  • Efficiency = 0.50 DU;
  • One bedroom = 0.75 DU;
  • Two bedoom = 1.00 DU;
  • Three or more bedrooms = 1.50 DU;
  • Assisted living facility bedroom = 0.25 DU.

Zoning Map

For more information about Baltimore County Zoning, please visit:
What is Zoning? – www.baltimorecountymd.gov

IMPROVEMENTS:
Two story freestanding building – containing 3,714 square feet of gross building area, according to public tax records. Actual square footage is believed to be larger. Break Away Bar & Grill operates on the first floor of the building, with an apartment above and storage at the rear.

The tavern is fully equipped with bar area, pool tables, kitchen with hood system, powder rooms and a large walk-in cooler with rear loading access. There are leased gaming machines and an ATM on site. Capacity is stated to be 98 patrons.

The apartment is believed to be arranged for 5 rooms (2 BR) and bath. Currently rented for $900/month (month-to-month lease)

TITLE:
In fee simple; sold free and clear of all liens.

TAXES:
Published annual property taxes are $10,005.06 (including a sewer service fee of $4,236.76) for the current year, based on a full value tax assessment of $436,200.

LIQUOR LICENSE:
Class D(BWL) – 7 day beer, wine and liquor license, on and off premise sale. The transfer of this liquor license is subject to the approval of the Board of Liquor License Commissioners for Baltimore County as in the case of an original application, and it shall be the sole responsibility of the purchaser to obtain said approval. The license is sold free and clear of liens.

FURNITURE, FIXTURES AND EQUIPMENT:
The property contains an array of furniture, fixtures and equipment, including beverage refrigerators (under counter), stools, tables, pool tables, shelves, decor and other miscellaneous items.

MANNER OF SALE:
The real estate, license, furniture, fixtures and equipment will be sold as an entirety only. Existing inventory may be available on a dollar-for-dollar basis. Bidding on the entirety offering will be available via online bidding, as well as simulcast in-person bidding at the subject property.

SUMMARY TERMS OF SALE:
Please see the contract of sale for complete terms.
Live Auction Bidders – a $40,000 deposit, payable by 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 following the auction at the Auctioneer’s office.

Online Auction Bidders – a $40,000 deposit, payable by cashier’s check or wire, will be required of all online bidders by 12:00 Noon on Tuesday, December 14, 2021. The deposit will be held in escrow until the completion of the auction and will be retained from the winning bidder. Other bidder deposits will be returned within one business day. Interested parties who do not provide a deposit in advance as stated above will not be permitted to bid online. The deposit shall be increased to 10% of the purchase price by cashier’s check or wire transfer by 4:30 p.m. on the day of auction. Deposit Escrow Agreement

Deposit funds shall be held by A. J. Billig & Co., LLC. Balance to be paid in cash at settlement, which shall take place within 45 days. If payment of the deposit or 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. All adjustments, including taxes, rent, all other public charges and assessments payable on a monthly or annual basis, and sanitary and/or metropolitan district charges, if any, to be adjusted for the current year to date of settlement and assumed thereafter by the purchaser. Security deposits, if any, shall be adjusted to the time of settlement. The property will be sold in “AS IS” condition, and subject to easements, agreements, restrictions or covenants of record affecting same, if any, and subject to the existing leases of the tenants in place. Purchaser assumes the risk of loss from the date of contract forward. 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, transfer taxes and all costs incidental to settlement to be paid by the purchaser except where otherwise mandated by local, State or Federal law. Time is of the essence.

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