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HomeMy WebLinkAboutAgenda - 03-02-2006-5lORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 2, 2006 Action Agend Item No. _~ SUBJECT: Disposal of Surplus County Property DEPARTMENT: Purchasing & Central Services PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Location Map INFORMATION CONTACT: Non-Warranty Deed Form Pam Jones, 919 245-2652 January 24, 2006 BOCC Resolution Geof Gledhill, 919 732-2196 Public Notice PURPOSE: To confirm the sale of property on Graham Street, Chapel Hill to Toben Properties, LLC. BACKGROUND: Toben Properties, LLC offered to purchase property owned by the County on Graham Street, Chapel Hill for the sum of $38,018, which is the current tax valuation. The two lots are shown on the attached map. The property was acquired by the County in 1983 by tax foreclosure and has remained vacant and disused since the County acquired it. On .January 24, 2006, the Board declared the property surplus and approved a resolution, which declared the County's intent to sell the property, subject to an upset bid procedure as provided by law. The Clerk to the Board advertised the Notice of Sale, which set 5:00 pm, Monday, February 13, 2006 as the deadline for receipt of upset bids, No upset bids were received in the Purchasing office as prescribed by the Notice, The Board reserved the right to reject the bid should it so choose. However, since the County has not identified a suitable purpose or need for the property either now or in the foreseeable future, the Manager recommends that the Board confirm the sale of the property to Toben Properties, LLC for $38,018 as prescribed in the Board's January 24, 2006 resolution. FINANCIAL IMPACT: The County will receive $38,018 from the sale of this property, RECOMMENDATION(S): The Manager recommends that the Board: Confirm the sale of the property as prescribed in the January 24, 2006 BOCC Resolution; Authorize the Attorney and Manager or his designees to complete all steps necessary to close the sale at the appropriate time; and Authorize the Chair to the Board and the Clerk to the Board to execute the non-warranty deed to the property to Toben Properties, LLC. You Count In Orange County Paye 1 of 1 r V '1~ I ~ ~ ^~~~ his map contains parcels prepared for the inventory of real property within Orange County and is compiled Irom recorded deetls. plats, antl Cher public records antl data. Users of this map are hereby notified Thal the aforementionetl public primary information sources shoultl Ue nsufted for veri0calion of the information contained on This map The county and its mapping companies assume no legal responsibility for the Information wnlained on This ma __ This Page Printed Tuesday January 17, 2006 8.43 am Parcels Current Thru 12/31/2005. Owner Information Current Thru 12/31/2005 Parcel Identification Number: 9788066297 `~1Summary !~1,Building 7Land 1Documents I 'Prior Owners ' Addresses Create Print Data Page ..__._ __ __ .. I_, r.~..l-a /..-...- -~., r~~r~m in Ccrim Or~7 L'oi'vil P(\iAmP-~llllr t~17~7 n~!> LAl-1~5' tJ0 1 r . eu rn~n r Exhibit d Excise Tax NORTH CAROLINA NON-WARRANTY DEED 3 Parcel Identifier No. Verified by County on the ,~ day of _, 20_ BY: - Mail/Box to: ~_, - This instrument was prepared by: Brief description for the Index: THIS DEED made this ^_~ day of ~, 20~, by and 6etwcrn Enter in appropriate block for esch patty: name, address, and, if appropriate, character of entity, e.g corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, t"eminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged. has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simpte, all that cettain lot or parcel of land situated in the Ciry of _ Township, County, North Cazolina and more particularly described as follows: The property hereinabove described wss acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book page NC Bar Association Form No.. 7 :O 1977, 2002 + James Williams & Co, Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com 70 HAVE AND TO HOLD the aforesaid ]ot or parcel of land and all privileges snd appurtenances thereto belonging to4h<Crantce in fez simple Tne Grantor makes no tvarran~~, express or implied, as to title to the property hereinaboce described. TN WITNESS WHEREOF. the Grantor has caused this instrument to be duly executed snd delivemd (En[ity Name) By. Tide: By, Tile: a z 0 Y ;c x U ¢ m L-1 v: a B}•:_ (SEAL) Tide: y, Sara of \orth Carolina -County of p I, the underigned Notary Public of'the County and State aforesaid, certify thst z personally appeamd before me this day and .~ acknowledged the due execution ofthe foregoing instrument for the purposes therein expressed Witness my c hand and Notarial stamp or seal this day of , 20_ .a m w Vty Commission Expires: v ~ Notary Public • ~ State of North Carolina -County of ;.; I, the undersi~ted Notary Public oftha County and State aforvaid, certify that --__ Z _ personally came before me this day and ~ acknowledged that _hc is the of z a North Cam!ina or corpota[iorvlimited liability company/general partnershipflimited V partnership (mike through the inapplicable), and thst by authority duly given and as the act of each entity, ¢ _he signed the forgoing irstrumcn[ in its name on its behalf as its act and dead. Witness my hard and Notarial stamp or seal this day of ~0 :a v~ '-` My Commission Expires: _ Notary Public • j State ofNorth Carolina -County of _ C I, the undersigned Notary Public of the County and State aforesaid, certify that z personally appeared before me this day and x acknowledged the due execution of the foregoing insmunant for the purposes therein expressed-. Witness my { hand and Notarial stamp or seal this day of , 20_ a My Commission Expires: Notary Public The foregoing Certificate(s) of is(are certified to be correct- ~I'his instrument and this certiticate are duly registered at the date and time and in the Book and Psgt shown on the first page hereof. Register of Deeds for County By: Deputy/Assistan[ - Register of Deeds NC Bar Associztion Form No 7 '!'i 1977, 2002 -James Williams & Co , ]na Printed by Agreement with the NC Bar Association - 1981 wwwJamesWiiliams eom 5 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION ANNOUNCING SALE OF PROPERTY GRAHAM STREET CHAPEL HILL, NORTH CAROLINA WHEREAS, Orange County owns property described as two (2) tracts of land located in the Town of Chapel Hill, Orange County North Carolina and designated as #r3 BL C Lloyd Place, Pi/63 Tract'J22472, PIN 988-06-6297 and #i2 BL C Lloyd Place, Pr/63, Tract X22473, PIN 9788-o6-~2i3 by the Orange County Land Records; and WHEREAS, North Carolina General Statute r6oA-26g permits the county to sell property by upset bid after receipt of an offer for the property; and WHEREAS, the County has received an offer to purchase the property described above, in the amount of $38,oi8, submitted by Toben Properties, LLC, Chapel Hill, North Carolina; and WHEREAS, Toben Properties, LLC has paid the required five percent (5%) deposit on the offer, THEREFORE, the County Commissioners of Orange County resolves that: r, The County Commissioners propose to accept the Toben Properties, LLC offer to buy the property described above through the upset bid procedure of North Carolina General Statute 16oA-269 as further detailed in this Resolution. 2, The Clerk to the Board shall cause a notice of the proposed sale to be published, The notice shall describe the property and the amount of the offer, and shall state the terms under which the offer may be upset, 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the Orange County Purchasing Director within ten (zo) days after the notice of sale is published. At the conclusion of the io-day period, the Purchasing Director shall open the bids, if any, and the highest such qualifying bid will become the new offer, If there is more than one qualifying bid in the highest amount, the first such bid received will become the new offer. If there is more than one qualifying bid in the highest amount received on the same day, the first such bid opened will become the new offer. 4. If a qualifying higher bid is received, the clerk to the Board shall cause a new notice of upset bid to be published, and shall continue to do so until a io-day period has passed without any qualifying upset bid having been received, At that time, the.amount of the final high bid shall be reported to the County Commissioners. 5. A qualifying higher bid is one that raises the existing offer by not less than ten percent (io%) of the first $i,ooo.oo of that offer and five percent (5%) of the remainder of that offer, 6. A qualifying higher bid must also be accompanied by a deposit in the amount of five percent (5%) of the bid; the deposit maybe made in cash, cashier's check or certified check, The County will return the deposit on any bid not accepted and will return the deposit on an offer subject to upset if a qualifying higher bid is received, The County will return the deposit of the final high bidder at closing, ~, The terms of the final sale are that a, The County Commissioners must approve the final high offer before the sale is closed, which it will do within 3o days after the final upset bid period has passed; and b. The buyer must pay cash at the time of closing, c. The Deed from the County to the purchaser will be one without warranties of title or otherwise, including environmental, and will be the N.C. Bar Association North Carolina Non-Warranty Deed Form ~ (© i9~~, 2002), a copy of which is attached hereto as Exhibit A. The Buyer will pay al12oo6 ad valorem taxes on the property, 8, The County reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids. g. If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted as detailed in this Resolution, The appropriate county officials are authorized to execute the instruments necessary to convey the property to the highest bidder. Adopted the 24Th day of January, 2006 AFFIDAVIT OF PUBLICATION State of North Carolina County of Durham Martine Adams being duly sworn says that she is the Principal Clerk of The Durham Herald Co., Inc.., publishers of The Herald-Sun a newspaper published in and of general circulation in said County, and that a notice of which the annexed is a true copy, was published in said newspaper one time on the 27`h day of Tanuary, ?006. Principal Clerk Sworn to and subscribed before me this 27`h day of 7anuary, ?006. Notary Public My commission expires ~ ~ 3~ ~~~ I Durham County, North Carolina ;' r., i, :...°~~e~'"~•