HomeMy WebLinkAboutRES-2022-039-Resolution authorizing upset bid process for .12 acre plot GIS pin #9779088613 Chapel Hill, NC RES - 2022 -039
Attachment #3
Resolution Authorizing Upset Bid Process for . 12 acre plot, GIS Pin # 9779088613,
Chapel Hill , NC
WHEREAS, Orange County owns certain property, . 12 acres of land and located at GIS Pin #
9779088613 , Chapel Hill , NC . ; and
WHEREAS, North Carolina General Statue 160A- 269 permits the County to sell property by upset
bid , after receipt of an offer for the property : and
WHEREAS, Orange County has received an offer . to purchase the property described above , in
the amount of $ 500 submitted by Ms . Catherine Gihlstorf, owner of adjacent property located at
8701 Drew Lane , Chapel Hill , NC, and Mr . Timothy Gallagher; and
WHEREAS Ms . Catherine Gihlstorf has paid the required five percent ( 5 % ) deposit on its offer;
THEREFORE , we , the Orange County Board of County Commissioners resolve that .
1 . The Orange County Board of County Commissioners authorizes the sale of the property
described above through the upset bid procedure of North Carolina General Statute
160A- 269 .
2 . The Orange County Purchasing Agent 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 Purchasing Agent, located at 405 Meadowlands Drive ,
' Hillsborough , NC, within 10 days after the notice of sale is published . At the conclusion
of the ten day period , the Purchasing Agent shall open the bids, if any, and the highest
such bid will become the new offer . If there is more than one bid in the highest amount,
the first such bid received will become the new offer .
4 . If a qualifying higher bid is received , the Purchasing Agent shall cause a new notice of the
upset bid to be published , and shall continue to do so until a 10 —day period has passed
without any qualifying upset bids having been received . At that time , the amount of the
final high bid shall be reported to the Orange County Board of County Commissioners .
5 . A qualifying higher bid is one that raises the existing offer by not less than ten percent
( 10 % ) of the first $ 1, 000 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 may be 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 .
7 . The terms of the final sale are that :
The County must approve the final high offer before the sale is closed , which it will do
within 30 days after the final upset bid period has passed , and
The buyer must pay with cash at the time of the closing .
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 anytime all bids .
9 . If no qualifying upset bid is received after the initial public notice , the offer set forth above
is hereby accepted . The County Manager is authorized to execute the instruments
necessary to convey the property to Ms . Catherine Gihlstorf, 8701 Drew Lane, Chapel
Hill , NC, and Mr . Timothy Gallagher .
This 21Stday of June , 2022
ZA,
Renee Price, Chair
Orange County Board of Commissioners
Laura Jens
Clerk to the Board
c�'orth �L��°