STATE OF NORTH CAROLINA COUNTY OF CLAY RESOLUTION OF THE CLAY COUNTY BOARD OF COMMISSIONERS AUTHORIZING AUCTION SALES OF SURPLUS CLAY COUNTY PROPERTIES THAT WHEREAS, Clay County, owns three parcels of lands indicated on attached Exhibit A to this Resolution that are surplus properties to its needs; and WHEREAS, North Carolina General Statute 160A-270 and North Carolina General Statute 153A-176 permits Clay County to sell real property at public auction upon approval of the Clay County Board of Commissioners and after publication of a notice announcing the auction; NOW THEREFORE, THE CLAY COUNTY BOARD OF COMMISSIONERS RESOLVES THAT: 1. The Clay County Board of Commissioners authorizes the separate sale at public auction of each of the three parcels of land describe on the attached Exhibit A to this Resolution, which is incorporated herein by reference, pursuant to the provisions of North Carolina General Statute 160A-270 and North Carolina General Statute 153A-176; 2. The auction of these parcels of land will be conducted at 12:00 p.m., Thursday, September 15, 2016, at the front courthouse door of the Clay County Courthouse located at 261 Courthouse Drive, Hayesville, North Carolina 28904; 3. The terms of the sale of each parcel of land are as follows: A. Subject to these terms contained hereinafter, the parcel of land will be sold to the highest bidder for cash. The buyer must present at the auction a bid deposit of five percent (5%) of the amount of the bid, either in cash or with a certified check; B. This deposit will be held by Clay County until either the Clay County Board of Commissioners rejects the highest bid for the property or, if the Clay County Board of Commissioners accepts and confirms the high bid, the closing of the sale; C. The Deposit will be forfeited to Clay County if the highest bidder refuses to close the sale after the bid has been accepted and confirmed by the Clay County Board of Commissioners; D. Clay County reserves the right to withdraw any listed property from the auction at any time before the auction sale of that property; 1
E. Clay County reserves the right to reject any and/or all bids for such parcels of land; F. Conveyance of such parcels of land by Clay County shall be by non-warranty deed; and G. After the auction, the highest bid for each parcel of land shall be reported to the Clay County Board of Commissioners. The Clay County Board of Commissioners will accept or reject the bid within 30 days after the bid is reported to it. Any offer or bid must be accepted and confirmed by the Clay County Board of Commissioners before the sale will be effective. 4. That Public Notice of Auction Sale in the form attached hereto as Exhibit B to this Resolution, shall be published in the Clay County Progress once at least 30 days before the sale. Adopted at the August 4, 2016, Regular Meeting of the Clay County Board of Commissioners. Chairman, Clay County Board of County Commissioners ATTEST: Clerk to the Board ( County Seal ) 2
EXHIBIT A TO RESOLUTION OF THE CLAY COUNTY BOARD OF COMMISSIONERS AUTHORIZING AUCTION SALES OF SURPLUS CLAY COUNTY PROPERTIES PARCELS OF LAND AVAILABLE FOR PUBLIC AUCTION: 1. FIRST PARCEL: March, 1998, from Town of Hayesville, to Clay County, recorded in the Office of the Register of Deeds for Clay County, North Carolina, in Book 208, at Page 65. 2. SECOND PARCEL: April 17, 1974, from R.B. Coffey, and wife, Lora Coffey, to Clay County, recorded in the Office of the Register of Deeds for Clay County, North Carolina, in Book 71, at Page 96. 3. THIRD PARCEL: August 15, 1997, from Vaughn D. Moore, and wife, Dorothy Moore, to Clay County, recorded in the Office of the Register of Deeds for Clay County, North Carolina, in Book 202, at Page 117. 3
EXHIBIT B TO TO RESOLUTION OF THE CLAY COUNTY BOARD OF COMMISSIONERS AUTHORIZING AUCTION SALES OF SURPLUS CLAY COUNTY PROPERTIES PUBLIC NOTICE OF AUCTION SALE The Clay County Board of Commissioners, at its meeting of August 4, 2016, authorized by by its RESOLUTION OF THE CLAY COUNTY BOARD OF COMMISSIONERS AUTHORIZING AUCTION SALES OF SURPLUS CLAY COUNTY PROPERTIES, the separate sale at public auction of each of the following three parcels of county-owned real estate: 1. FIRST PARCEL: March, 1998, from Town of Hayesville, to Clay County, recorded in the Office of the Register of Deeds for Clay County, North Carolina, in Book 208, at Page 65. 2. SECOND PARCEL: April 17, 1974, from R.B. Coffey, and wife, Lora Coffey, to Clay County, recorded in the Office of the Register of Deeds for Clay County, North Carolina, in Book 71, at Page 96. 3. THIRD PARCEL: August 15, 1997, from Vaughn D. Moore, and wife, Dorothy Moore, to Clay County, recorded in the Office of the Register of Deeds for Clay County, North Carolina, in Book 202, at Page 117. The auction of such parcels of land is scheduled to be held at 12:00 p.m., Thursday, September 15, 2016, at the front courthouse door of the Clay County Courthouse located at 261 Courthouse Drive, Hayesville, North Carolina 28904. The terms of the sale of each parcel of land are as follows: 1. Subject to these terms contained hereinafter, the parcel of land will be sold to the highest bidder for cash. The buyer must present at the auction a bid deposit of five percent (5%) of the amount of the bid, either in cash or with a certified check; 2. This deposit will be held by Clay County until either the Clay County Board of Commissioners rejects the highest bid for the property or, if the Clay County Board of 4
Commissioners accepts and confirms the high bid, the closing of the sale; 3. The Deposit will be forfeited to Clay County if the highest bidder refuses to close the sale after the bid has been accepted and confirmed by the Clay County Board of Commissioners; 4. Clay County reserves the right to withdraw any listed property from the auction at any time before the auction sale of that property; 5. Clay County reserves the right to reject any and/or all bids for such parcels of land; 6. Conveyance of such parcels of land by Clay County shall be by non-warranty deed; and 7. After the auction, the highest bid for each parcel of land shall be reported to the Clay County Board of Commissioners. The Clay County Board of Commissioners will accept or reject the bid within 30 days after the bid is reported to it. Any offer or bid must be accepted and confirmed by the Clay County Board of Commissioners before the sale will be effective. This the 4 th day of August, 2016. Clay County Board of Commissioners 5