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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: January 24, 2006 <br />Action Agenda <br />Item No. 5- n <br />SUBJECT: Disposal of Surplus County Real Property <br />DEPARTMENT: Purchasing & Central Services <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />Location Map <br />Resolution <br />NC Non Warranty Deed form <br />Notice of Sale <br />INFORMATION CONTACT: <br />Pam Jones 919 245-2652 <br />PURPOSE: To consider declaring as surplus property that is owned by the County on Graham <br />Street, Chapel Hill; and to consider accepting an offer from Toben Properties, LLC, to purchase <br />that property, subject to upset bid. <br />BACKGROUND: Toben Properties, LLC has offered to purchase property owned by the <br />County on Graham Street, Chapel Hill for the sum of $38,018, which is the current tax valuation. <br />The two lots are shown on the attached map. The property was acquired by the County in <br />November 1983 by tax foreclosure and has remained vacant and disused since the County <br />acquired it. <br />Pursuant to County policy, the property was evaluated for County or public use, including for <br />affordable housing. The property is extremely constrained by its small size and dimensions, <br />and is of use only if to be combined with adjacent properties. No such County purposes were <br />identified as feasible for the property and the Manager recommends that it be declared surplus <br />and sold. <br />The County is authorized to dispose of properties in one of four ways: Sealed bid, negotiated <br />bid, upset bid and public auction. The upset bid method is used most frequently by County <br />governments for the disposal of real property. In general, the process is as follows: <br />1. The upset bid procedure is begun when the governing body proposes to accept the offer. <br />The Board typically approves a resolution that accepts the offer and sets forth the details <br />of the sale. A resolution for this purpose is attached. <br />2. The offeror must place a sum equal to 5% of the offer on file with the county as earnest <br />money. <br />3. The County publishes notice of the upset sale, which includes the property description, <br />sets out the amount and terms of the offer and specifies the requirements to offer an <br />upset bid. A Notice of Sale is attached. <br />4. Sealed upset bids will be received for a period of ten (10) days from the publication of the <br />notice by the Orange County Purchasing Director. At the conclusion of the 10-day <br />period, the Purchasing Director shall open the bids, if any, and the highest such bid will