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HomeMy WebLinkAboutRES-2023-026-Proposed Sale of 0.45 Acre Property, PIN #0900832203, Hillsborough r RES - 2023 - 026 4 t b � � A / 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 bids 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 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 4th day of April , 2023 J ezett Bedford , Cha Orange County Board of Commissioners 4a& Laura Jens Jn Clerk to the Board2