Lincoln County Board of Commissioner s Agenda Item Cover Sheet

Transcription

1 Lincoln County Board of Commissioner s Agenda Item Cover Sheet Board Meeting Date: Agenda Item Type: Consent Agenda: Public Hearing: Regular Agenda: Presentation Time (est): Submitting Person: Phone Number/Ext: Presenter at Meeting: Phone Number/Ext: Submitting Department: Department Head Approval: Description of Agenda Item: Background & Basis of Recommendations: Action/Recommendations: Time Sensitivity (none or explain): Budget Impact (if applicable): List of Attachments (if any):

2 MEMORANDUM To: Board of Commissioners From: Wesley Deaton, County Attorney Subject: Negotiated sale of surplus real estate Date: April 16, 2018 The County was recently contacted by the owner of Goodsonville Properties, LLC, with an offer to buy a small tract of land in Boger City, tax parcel number I ve attached a copy of the tax map. This is a small sliver that has been left over from when the County subdivided and sold off the Old County Home property in the 1960s. The offer is being made for the tax value of the property. This offer is being made pursuant to N.C.G.S. 160A-269, in which any offer accepted by the County will be conditional, and subject to upset bids for a ten day period. If an upset bid is made, the ten day upset bid period will start again, for as many times until there are no more upset bid periods. At the end of the upset bid period, the County may still terminate this agreement in its discretion. Executing this offer to purchase will be conditional on (1) any upset bids that are made and (2) the County not terminating the contract at the end of the upset bid period. To enter into this Agreement, the County should (1) declare the property to be surplus, (2) resolve to enter into the contract conditionally pursuant to its terms and (3) appoint the County Manager with authority to finalize the contract without it having to come back to the Board.

3 Map with Parcel Information Page 1 of 1 4/10/2018 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 4/10/2018 Parcel ID Owner LINCOLN COUNTY (MISC) Map 3643 Mailing C/O COUNTY MANAGER 115 W MAIN ST Account Address LINCOLNTON, NC Deed Last Transaction Date 01/01/1992 Sale Price $0 Plat Subdivision Lot Land Value $3,234 Improvement Value $0 Total Value $3,234 Previous Parcel -----All values for Tax Year Description REAR BONWORTH-COUNTY HOME Deed Acres 0 Address EAST MAIN ST Tax Acres Township IRONTON Tax/Fire District LINCOLNTON Main Improvement Value Main Sq Feet Stories Year Built Zoning District Calc Acres R Watershed 0.2 Voting Precinct Calc Acres AS Sewer District 0.2 Census County Tract Block Flood Zone Description Panel X NO FLOOD HAZARD

4 Resolution Authorizing Upset Bid Process Resolution WHEREAS, Lincoln County owns certain real property described as Lincoln County Tax Parcel Number (the Real Property ); and WHEREAS, N.C.G.S. 160A-269 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 Real Property described above, in the amount of $3,234.00, submitted by Goodsonville Properties, LLC; and WHEREAS, Goodsonville Properties, LLC has paid the required five percent (5%) deposit on its offer; THEREFORE, THE LINCOLN COUNTY BOARD OF COMMISISONERS HEREBY RESOLVES AS FOLLOWS: 1. The Board of Commissioners declares the Real Property to be surplus and hereby authorizes sale of the Real Property described above through the upset bid procedure of N.C.G.S. 160A The Clerk 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. Any person may submit an upset bid to the office of the County clerk within 10 days after the notice of sale is published. Once a qualifying higher bid has been received, that bid will become the new offer. 4. If a qualifying higher bid is received, the County clerk shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-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 Board of Commissioners. 5. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1, 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 Board of Commissioners 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 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, and the Board of Commissioners does not terminate the contract, the offer set forth above is hereby 1

5 accepted. The appropriate County officials are authorized to execute the instruments necessary to convey the property to Goodsonville Properties, LLC. 10. The Board of Commissioners appoints the County Manager as its authorized agent to accept any bid without a formal report, and to execute all documents necessary to sell the Real Property pursuant to this Resolution. ADOPTED this the day of, 2018., Chairman LINCOLN COUNTY BOARD OF COMMISSIONERS ATTEST: Amy Atkins, Clerk to the Board 2

6 160A-269. Negotiated offer, advertisement, and upset bids, NC ST 160A-269 West s North Carolina General Statutes Annotated Chapter 160A. Cities and Towns Article 12. Sale and Disposition of Property (Refs & Annos) N.C.G.S.A. 160A A Negotiated offer, advertisement, and upset bids Currentness A city may receive, solicit, or negotiate an offer to purchase property andd advertise it for upset bids. When an offer is made and the council proposes to accept it, the council shall require the offeror to deposit five percent (5%) of his bid with the city clerk, and shall publish a notice of the offer. The notice shall contain a general description of the property, the amount and terms of the offer, and a notice that within 10 days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder. When a bid is raised, the bidder shall deposit with the city clerk five percent (5%) of the increased bid, and the clerk shall readvertise the offerr at the increased bid. This procedure shall be repeated until no furtherr qualifying upset bids are received, at which time the council may accept the offer and sell the property to the highest bidder. The council may at any time reject any and all offers. Credits Added by Laws 1971, c. 698, 1. Amendedd by Laws (2nd Sess.), c. 1247, 25. N.C.G.S.A. 160A-269, NC ST 160A-269 The statutes and Constitutionn are current through the end of the Regular Session, including , of the General Assembly. End of Document Thomson Reuters. No claim to original U.S. Government Works Thomson Reuters. No claim to original U.S.. Governmentt Works. 1

7 MEMORANDUM To: Board of Commissioners From: Wesley Deaton, County Attorney Subject: Negotiated sale of surplus real estate Date: April 16, 2018 The County was recently contacted by Gregory A. Boyer with an offer to buy a small tract of land adjacent to his home, tax parcel number I ve attached a copy of the tax map. This is a property the County received in a tax foreclosure. The offer is being made for less than the tax value of the property. This offer is being made pursuant to N.C.G.S. 160A-269, in which any offer accepted by the County will be conditional, and subject to upset bids for a ten day period. If an upset bid is made, the ten day upset bid period will start again, for as many times until there are no more upset bid periods. At the end of the upset bid period, the County may still terminate this agreement in its discretion. Executing this offer to purchase will be conditional on (1) any upset bids that are made and (2) the County not terminating the contract at the end of the upset bid period. To enter into this Agreement, the County should (1) declare the property to be surplus, (2) resolve to enter into the contract conditionally pursuant to its terms and (3) appoint the County Manager with authority to finalize the contract without it having to come back to the Board.

8 Map with Parcel Information Page 1 of 1 4/11/2018 Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 4/11/2018 Parcel ID Owner LINCOLN COUNTY Map 3644 Mailing C/O COUNTY MANAGER 115 W MAIN STREET Account Address LINCOLNTON, NC Deed Last Transaction Date 08/04/2014 Sale Price $4,000 Plat Subdivision Lot Land Value $8,988 Improvement Value $0 Total Value $8,988 Previous Parcel -----All values for Tax Year Description CARL SHIPP LAND Deed Acres 4 Address BUCK OAK RD Tax Acres Township IRONTON Tax/Fire District BOGER CITY Main Improvement Value Main Sq Feet Stories Year Built Zoning District Calc Acres R-S 1.5 Watershed 1.5 Voting Precinct Calc Acres BS Sewer District 1.5 Census County Tract Block Flood Zone Description Panel X NO FLOOD HAZARD

9 Resolution Authorizing Upset Bid Process Resolution WHEREAS, Lincoln County owns certain real property described as Lincoln County Tax Parcel Number (the Real Property ); and WHEREAS, N.C.G.S. 160A-269 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 Real Property described above, in the amount of $4,300.00, submitted by Gregory A. Boyer; and WHEREAS, Gregory A. Boyer has paid the required five percent (5%) deposit on its offer; THEREFORE, THE LINCOLN COUNTY BOARD OF COMMISISONERS HEREBY RESOLVES AS FOLLOWS: 1. The Board of Commissioners declares the Real Property to be surplus and hereby authorizes sale of the Real Property described above through the upset bid procedure of N.C.G.S. 160A The Clerk 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. Any person may submit an upset bid to the office of the County clerk within 10 days after the notice of sale is published. Once a qualifying higher bid has been received, that bid will become the new offer. 4. If a qualifying higher bid is received, the County clerk shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-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 Board of Commissioners. 5. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1, 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 Board of Commissioners 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 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, and the Board of Commissioners does not terminate the contract, the offer set forth above is hereby 1

10 accepted. The appropriate County officials are authorized to execute the instruments necessary to convey the property to Gregory A. Boyer. 10. The Board of Commissioners appoints the County Manager as its authorized agent to accept any bid without a formal report, and to execute all documents necessary to sell the Real Property pursuant to this Resolution. ADOPTED this the day of, 2018., Chairman LINCOLN COUNTY BOARD OF COMMISSIONERS ATTEST: Amy Atkins, Clerk to the Board 2