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HomeMy WebLinkAboutAgenda - 04-04-2023; 8-h - Proposed Sale of 0.45 Acre Property, PIN #0900832203, Hillsborough 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 4, 2023 Action Agenda Item No. 8-h SUBJECT: Proposed Sale of 0.45 Acre Property, PIN #0900832203, Hillsborough DEPARTMENT: Asset Management Services ATTACHMENT(S): INFORMATION CONTACT: 1. Property Map Showing Location and Alan Dorman, Assistant Director, Asset Tax Value Management Services, 919-245- 2. Bonnie M. Gates Offer to Purchase 2627 3. Resolution Authorizing the Sale by Steven Arndt, Director, Asset Upset Bid Process for Property, PIN Management Services, 919-245- #0900832203 2658 PURPOSE: To consider the approval of the sale of a 0.45 acre County-owned property, PIN #0900832203, located in Hillsborough, and to approve a resolution authorizing its sale through an upset bid process. BACKGROUND: The County owns a 0.45 acre property, PIN #090032203, located in Hillsborough. The property comprises a narrow slice of land of limited value to the County (see property map at Attachment 1). Bonnie M. Gates has submitted an offer to purchase the property on behalf of herself and the other heirs of George Miller in the amount of $1,500, and has submitted the required deposit of $75 (Attachment 2). The 0.45 acre property was originally created when the surrounding subdivision was approved and recorded in 1997. The developer deeded the fee simple ownership to Orange County and PINs were assigned. The lot was never reserved or dedicated as a public or private right-of-way. It was common practice in the 1990s to create lots as "place holders" in the event that adjacent tracts were developed and connectivity was needed. The property has a listed value of$40,000. However, Tax Administrator Nancy Freeman indicates this is an incorrect valuation, noting that the department will "correct the value for 2023, and the tax value should be changed to $1 to be consistent with other like road parcels. This was not previously corrected due to its status as an exempt County owned property. This value does not take into account the size and its designated use as a road parcel." In accordance with North Carolina General Statute 160A-269, public property may be sold through a negotiated offer, advertisement, and upset bid process. As all offers for the purchase of County 2 property must be presented to the Board of County Commissioners for consideration, Attachment 3 is a resolution authorizing the sale of the property through an upset bid process. Should the Board approve the offer for the sale of this property in this manner; a notice of sale will immediately be placed in a local paper and on the County's Purchasing web page. The notice will contain a general description of the property, the amount and terms of the offer, and a notice that within ten days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars, and five percent (5%) of the remainder. When/if a bid is raised, the bidder will deposit with the County five percent (5%)of the increased bid, and the County will re-advertise the offer at the increased bid amount for an additional ten days. This procedure will be repeated until no further qualifying upset bids are received, at which time the Board may accept the offer and sell the property to the highest bidder. The final offer will be presented to the Board for consideration and approval. FINANCIAL IMPACT: The sale of this land will convert a non-productive capital asset into at least $1,500 that may be reallocated to other County needs. SOCIAL JUSTICE IMPACT: There are no Orange County Social Justice Goal impacts associated with this item. ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal impacts associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1) Approve the sale of 0.45 acres of land, PIN #090032203, located in Hillsborough, through an upset bid process, in accordance with North Carolina General Statute 160A-269; and 2) Approve and authorize the Chair to sign the resolution authorizing the sale through the upset bid process. Orange County c aD + E .c U (0 Q 5 9 l ' March 7, 2023 This map contains parcels prepared for the inventory of real property within Orange County,and is compiled from recorded deed,plats,and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. PIN: 0900832203 The county and its mapping companies assume no legal responsibility for the information on this map. OWNER 1: ORANGE COUNTY SIZE: 0.45A BUILDING COUNT: 1:1,200 OWNER 2: DEED REF: 1619/79 LAND VALUE: $40,000 0 0.01 0.02 0.04 mi ADDRESS 1: PO BOX 8181 RATECODE: 15 BLDG_VALUE: $0 ADDRESS 2: TOWNSHIP LITTLE RIVER USE VALUE: $0 0 0.015 0.03 0.06 km CITY: HILLSBOROUGH BLDG SQFT: TOTAL VALUE: $40,000 STATE, ZIP: NC 27278 YEAR BUILT: DATE SOLD: 08/11/1997 ORANGE COUNTY LEGAL DESC: FUTURE RD PH 11 LA MESA P78/181 TAX STAMPS: 0 NORTH CAROLINA Attachment#2 4 STATE OF NORTH CAROLINA COUNTY OF ORANGE OFFER TO PURCHASE ORANGE COUNTY REAL PROPERTY This offer is being made as a negotiated offer, pursuant to N.C.Gen.Stat.160A-269,and other applicable sections of the North Carolina General Statutes. The terms of the offer are as follows: 1. OFFER: The undersigned Offerror herby offers to purchase th property describe�be�lo belowfrom Orange County for the price of$ 5oad— (�JN �fh�s N+7 r��l#I►�1!le[n� 2. PROPERTY: The property upon which an offer is being made is that certain lot of parcel of land including all improvements thereon, situated in Township, M11MRRbugh, North Carolina, eDUGC-M6N`1, hL-*— 0 g o c)9,3 ® 1 I 0 3 1 C I a P L zp -P4 -X_ LA !4 L;-:-,A :P 193 1'101 3. "AS IS" CONDITION; TITLE: The Offeror acknowledges that this offer is for the purchase of the property described above in its"as is"condition. Title will be conveyed by special warranty deed, free and clear of all liens or encumbrances. 4. DEPOSIT: With this offer the undersigned has deposited 5%of the proposed purchase price with the county as required by law(refundable if the offer is not accepted). 5. PROPERTY TAX: It is understood that the property is currently tax exempt, but that pursuant to N.C. Gen. Stat. 105-29(d) the property may become taxable for the fiscal year beginning July of the calendar year in which it is acquired,in which case,the property taxes will be the responsibility of the Offeror. 6. UPSET BID PROCEDURE: It is understood that the this offer is subject to upset bid procedures pursuant to N.C. Gen.Stat. 160A-269,and that no final action will be taken on acceptance of this offer until the upset period has expired. It is also understood that by law, the County Board of Commissioners may reject this offer and any upset bid offers at any time. 7. ADVERTISING COSTS: Upon closing,the Offeror agrees to reimburse the advertising fees for all legal notice required under N.C.Gen.Stat. 160A-269. 8. WITHDRAWAL: The County reserves the right to withdraw the property from sale at any time before the bid or any upset bids are accepted. [Signature Page to Follow] Date:r �7 1 7/0 Z, Initial: Attachment#2 cJ OFFER TO PURCHASE ORANGE COUNTY REAL PROPERTY P.2 This the 174Ldayof .J D LLA ,20 ZZ. (If a corporate Offeror) (If Individual) Name of Entity Offeror: G E i�,AGF M 1 l—1 ER 1= I? (Print Name) By: Offeror• Title: (Print Name) Attest: ( s /� G �" � Corporate Secretary(Affix Corporate Seal) W��� ; ate- I�l-IC � ' l 6 RES-2023-026 Attachment 3 Resolution Authorizing Upset Bid Process for 0.45 Acre Plot, PIN #0900832203, Hillsborough, NC WHEREAS,Orange County owns certain property,0.45 acres of land located at PIN#0900832203, Hillsborough, 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$1,500 submitted by Bonnie Gates on the behalf of herself and the other heirs of George Melvin Miller; and WHEREAS Ms. Gates has paid the required five percent (5%) deposit on her 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 Orange County Purchasing Agent, West Campus Office Building, 131 West Margaret Lane, 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 bid will become the new offer. If there is more than one bid in the highest amount, the first 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 7 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 any time 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. Gates. This 4t" day of April, 2023 Jamezetta Bedford, Chair Orange County Board of Commissioners Laura Jensen Clerk to the Board