HomeMy WebLinkAboutAgenda - 02-02-2010 - 4qORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 2, 2010
Action Agenda
Item No. L}- - p
SUBJECT: Exercise County's Statutory Right of First Refusal to Purchase Board of
Education Property
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
(A) Letter and Plat from Orange County
Board of Education Attorney
(B) Resolution John Roberts, 245-2318
PURPOSE: To exercise the County's Right of First Refusal to purchase real property owned by
the Orange County Board of Education.
BACKGROUND: On January 22, 2010 the County Attorney received the letter provide at
Attachment A indicating that the Orange County Board of Education desires to sell four lots of
property, also shown in Attachment A, ranging in size from one to two plus acres. North
Carolina General Statute §115C-518(a) requires that the Orange County Board of
Commissioners be offered the property and refuse to purchase the property before the Board of
Education can sell the property to another buyer. The property is zoned R-1 and as such would
be of limited use to Orange County.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board adopt the Resolution
declining to purchase the referenced property from the Orange County Board of Education and
authorize the Chair to sign the resolution.
/.~}}J- A
D. MICHAEL PARKER
mikeparker~cheshire-patker.com
Mr. John Roberts
Orange County Attorney
P.O. Box 810"1
Hillsborough, NC 27278
CHESHIRE & PARKER
ATTORNEYSATLAW
i 00 N. CHURTON STREET
P. O. BOX l OD
H1ILSBOROUQH, N.C. 27278
TELEPHONE 9 i 9-732-8141
TELEFAX 919-732-9167
January 20, 2010
Re: Orange County Board of Education
Dear Mr. Roberts:
pC~C~~~dC~ 2
JAN 2l. 2Qi0
8y
ALEXANDER H. dRAHAM (1890.1977)
LUCIUS M. CHESHIRE (1925.2003)
T represent the Orange County Board of Education. The Baard
has indicated its desire to sell four lots located on Miller Road
shown as Lots A1, A2, A3 and A4, as shown in Plat Book 79, Page
146 of the Orange County Registry; for your reference I am
enclosing a copy of that play. They purchased the property and
subdivided these lots in the 1990's anticipating they would be
used by the Orange High School Vocational Education program for
building houses on site as they had been doing for many years.
However, changes in the program and the course of study make it
highly unlikely they will ever be used for this purpose. I have
prepared a Resolution of their intent to sell these lots I expect
they will adopt at their February 1 meeting. Under North Carolina
General Statutes §115C-518(a) they are required to offer the real
property to the County Commissioners at fair market value or at a
negotiated price. We had a market analysis performed by Scott
Dorsett in November and he determined the probable sales price of
the lots if sold to a single buyer "as is" without constructing
the 'road that would be necessary to market the lots individually
to be $160,000.00.
Could you please see if the County Commissioners have any
desire to purchase this property? If so, we can determine how to
proceed from that point, either by negotiation or by securing a
formal appraisal. If, as I anticipate, they have no interest in
these lots, can you ask for formal action that will satisfy the
requirements of the above statute so the Board of Education can
market this property to the public?
I appreciate your attention to this matter and welcome any
questions you. may have.
3
Mr. John Roberts
January 20, 2010
page 2
Wit'r: best regards, I am,
ou er ,
C
. Michael Parker
DMP/mp
cc: Mr. G. Patrick Rhodes, Superintendent
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ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION EXERCISING ORANGE COUNTY'S RIGHT
OF FIRST REFUSAL AND DECLINING TO PURCHASE
BOARD OF EDUCATION PROPERTY
WHEREAS, the Orange County Board of Education has declared certain real property located on
Miller Road and described more specifically as lots A1, A2, A3, and A4 as shown on a plat recorded in
Plat Book 79 at Page 146 to be surplus; and
WHEREAS, North Carolina General Statute § 115C-518(a) requires the Board of Education to offer
such surplus real property for sale to the Orange County Board of Commissioners before it may sell
such surplus real property to any other prospective buyer; and
WHEREAS, prior to the sale of such surplus real property to any prospective buyer the Orange
County Board of Commissioners must first decline to purchase said real property; and
WHEREAS, said real property is zoned R-1 and is of limited use to the Orange County Board of
Commissioners.
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners
declines to exercise its option to purchase said real property and releases the Board of Education to sell
said real property to such purchasers as may be found.
This the 2"d day of February 2010.
Valerie Foushee, Chair
Orange County Board of Commissioners
Attest:
Clerk to the Board of Commissioners