The Clay County Board of Commissioners has authorized the sale of the property described below through the upset bid procedure of North Carolina General Statute § 160A-269.

 

The Clerk to the Board of Commissioners 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.

 

Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the Clerk of the Board within 10 days after the notice of sale is published. At the conclusion of the 10-day period, the Clerk to the Board 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.

 

If a qualifying higher bid is received, the Clerk to the Board 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 Clay County Board of County Commissioners.

 

A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%) of the remainder of that offer.

 

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, made payable to Clay County. The deposit will be deposited with the Clay County’s Finance Office. 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.

 

The terms of the final sale are that:

• The Clay County Board of County 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, cashier’s check, or certified check at the time of closing.

 

The Clay County Board of County Commissioners 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.

 

If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. Upon approval of the offer by the Board of County Commissioners, the Chairman of the Board of County Commissioners and the Clerk to the Board are authorized to execute the instruments necessary to convey the property to the purchaser with the highest bid.

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      FIRST PARCEL (old County government offices at 33 Main Street, Hayesville, including land (per below) and a building of 4417 sq ft):

Parcel id: 5550.12-86-4618, containing .0765 acres and .323 acres, Town of Hayesville, North Carolina and being more particularly described in the Deed dated May 21, 1999, from First Citizens Bank & Trust Company, a North Carolina Banking Corporation to Clay County, recorded in Deed Book 218, page 121, Clay County, North Carolina Register of Deeds.

 

     SECOND PARCEL (vacant land within approximately .5 miles of town center):

Parcel id: 555120707502, containing .78 acres, Hayesville Township, Hayesville, North Carolina, located at the intersection of SR 1305 and SR 1306, Qualla Road, and being more particularly described as Tract 2 in that Deed, dated February 1, 1982, from Clay County Rural Development Authority to Clay County, and recorded in Deed Book 109, Page 105, Clay County, North Carolina Register of Deeds.

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     THIRD PARCEL:

Parcel id: 556000819793, containing 1.2 acres, Hayesville Township, Hayesville, North Carolina, located off Hinton Center Road, and being described as Tract 1, in that certain Deed dated January 4, 1988 from J.E. Jones and wife, Margaret Jones to Clay County and recorded in Deed Book 137, Page 31, Clay County, North Carolina Register of Deeds.

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     FOURTH PARCEL:

Parcel id: 556000910582, containing 1.35 acres, Hayesville Township, Hayesville, North Carolina, located off Hinton Center Road, and being part of the lands described in Tract No. 3 in the Deed dated January 4, 1988 from J.E. Jones and wife, Margaret Jones to Clay County, and recorded in Deed Book 137, Page 31, Clay County, North Carolina Register of Deeds.

 

     FIFTH PARCEL:

Parcel id: 556000911037, containing 2.97 acres, Hayesville Township, Hayesville, North Carolina, located off Hinton Center Road, and described as the Second Tract in the Deed dated January 4, 1988 from J. E. Jones and wife, Margaret Jones to Clay County, and recorded in Deed Book 137, page 32, Clay County, North Carolina Register of Deeds.

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