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The original item was published from 5/26/2022 2:41:23 PM to 5/26/2022 2:46:03 PM.

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Posted on: May 28, 2022

[ARCHIVED] Upset Bids for Circle Drive and Lyn Avenue/Westlake Drive




WHEREAS, the City of Mount Airy owns certain real property containing 0.75 acres, more or less, corner of Lyn Avenue and Westlake Drive, designated as Lot #16, Block C, Westwood Development as identified and legally described in Plat Book 006, Page 28, Surry County Registry (the “Property”), This Property is identified as tax parcel: 501116831337. The Property will be conveyed SUBJECT TO the terms of this advertisement.

WHEREAS, North Carolina General Statute § 160A-269 permits the city to sell property by upset bid, after receipt of an offer for the property; and

WHEREAS, the City has received a qualified offer to purchase the property described above, in the amount of $4,200.00.

The Board of Commissioners of the City of Mount Airy (“Board”) resolves that:

1. The Property described above shall be sold through the upset bid procedure of North Carolina General Statute § 160A-269.

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

3. If a qualifying higher bid is received, the city 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.

4. 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.

5. 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. All upset bids (with the 5% bid deposit) shall be delivered or sent to Mount Airy City Hall, c/o Nicki Brame, City Clerk, 300 South Main Street, Post Office Box 70, Mount Airy, North Carolina 27030. Inquiries should be directed to Ms. Brame. The city 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 city will return the deposit of the final high bidder at closing.

6. The terms of the final sale are that the Board 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; the buyer must pay with cash at the time of closing. Buyer shall pay all costs, including preparation of deed, recording fees, excise tax (revenue stamp) and publication of this notice. The Property is being sold subject to all easements, conditions, restrictions and matters of record including restrictions in Book 218, Page 602 to the extent operative and enforceable. The Property will be sold “AS IS, WHERE IS.” Neither the Board, nor the elected officials, employees or agents of the City make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property, and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.

7. The Board 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.

Publish: May 28, 2022

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