NOTICE OF SALE OF PROPERTY BY NEGOTIATED OFFER,

ADVERTISEMENT AND UPSET BID

PLEASE TAKE NOTICE that the County of Wilkes (hereinafter the “County”) has received an offer for the purchase of certain real property owned by the County as described hereinbelow and proposes to sell the same pursuant to the provisions of G.S. §160A-269. Said property is situated in Edwards Township, Wilkes County, North Carolina, and is more particularly described as follows:

First Parcel (Parcel ID No. 06-03750)

BEGINNING at a new iron pin, said pin being located in the South right of way margin of S.R. #2024 and being the common corner with Larry Bates, Deed Book 507, Page 544, and running thence with the line of Larry Bates South 61 degrees 12 minutes 31 seconds West 98.05 feet to an existing iron pin; thence with the line of James M. Bates, Deed Book 547, Page 818, North 76 degrees 47 minutes 29 seconds West 95 feet to a new iron pin; North 69 degrees 47 minutes 29 seconds West 20 feet to a new iron pin; thence North 43 degrees 09 minutes 05 seconds East 139.35 feet to a new iron pin located on the South right of way margin of S.R. #2024; thence with the said right of way margin South 50 degrees 48 minutes 43 seconds East 131.45 feet to the point of BEGINNING, Containing 0.301 acres more or less as surveyed by Ronald Edwards, RLS, June 9, 1983.

Subject to the Rights-of-Way for SR-2142 (Hamlet Place) and SR 2024 (Luffman Road).  

Subject to North Carolina Department of Transportation Right of Way Agreement, dated October 1, 1992, and recorded in Deed Book 712, Page 337, Wilkes County Registry.

Subject to all service and utility easements of record, N.C. Highway Commission easements and rights of way of record, and all matters revealed by a current and accurate survey.

BEING the same property as conveyed by James Monroe Bates to Clara Osborne Bates by deed dated March 31, 1989, and recorded in Deed Book 669, Page 557, Wilkes County Registry.  Clara Osborne Bates died on May 1, 2001, survived by her heirs, James Monroe Bates, Sonya Bates Payne, Randy Junior Bates, Danny Ray Osborne, Jamie Renee Holloway, Bobby James Bates, and Karen Michelle Bates Carter. Clara Osborne Bates’s Last Will and Testament was filed with the Wilkes County Superior Court Clerk’s Office, but not probated. See Estate File 01 E 199. James Monroe Bates died on December 21, 2007.  See Estate File 08 E 43, Wilkes County Superior Court Clerk’s Office.

The above described property was acquired by the County of Wilkes under that Commissioner’s Deed dated March 11, 2020, and recorded in Book 1301, Page 147, Wilkes County Registry.  

See also that tax foreclosure action captioned “Wilkes County vs. James Monroe Bates, et al.,” File No. 19 CVD 370, Wilkes County Clerk of Superior Court’s Office.

Second Parcel (Parcel ID No. 06-00156)

BEGINNING on an iron stake, Larry Bates corner, runs with his line North 88 degs. West 92 feet to an iron stake, Gentry corner, thence South 70 ½ degs. West 108 feet to a stone in the center of the branch, thence down and with the center of the branch, 168 feet to a stake, Larry Bates corner, thence with his line North 35 degs. East 249 feet to the beginning, containing 6/10 acre, more or less.

Subject to the Right-of-Way for SR-2142 (Hamlet Place).

Subject to all service and utility easements of record, N.C. Highway Commission easements and rights of way of record, and all matters revealed by a current and accurate survey.

BEING the same property as conveyed by Clara Osborne Bates to James Monroe Bates, by deed dated March 31, 1989, and recorded in Deed Book 669, Page 610, Wilkes County Registry.  James Monroe Bates died on December 21, 2007.  See Estate File 08 E 43, Wilkes County Superior Court Clerk’s Office.

The above described property was acquired by the County of Wilkes under that Commissioner’s Deed dated March 11, 2020, and recorded in Book 1301, Page 148, Wilkes County Registry.  

See also that tax foreclosure action captioned “Wilkes County vs. James Monroe Bates, et al.,” File No. 19 CVD 369, Wilkes County Clerk of Superior Court’s Office.

The County has received an offer of FOUR THOUSAND AND 00/100’s DOLLARS ($4,000.00), plus the cost of publication for this Notice, the cost of preparation of a Deed for the buyer, and the recording costs for said Deed, from Rodrigo Trujillo, 1610 Luffman Road, Ronda, N.C. 28670.  A deposit of FIVE (5%) PERCENT has been received along with said offer.  Within ten (10) days of the date hereunder any person may raise said offer by filing an upset bid in writing, stating the amount of the new offer and the name and address of the offeror. The upset bid shall be in an amount no less than FOUR THOUSAND TWO HUNDRED FIFTY AND 00/100’s DOLLARS ($4,250.00), plus the cumulative costs of publication for this Notice, the cost of preparation of a Deed for the buyer, and the recording costs for the said Deed. Upset bids shall be SENT BY MAIL ONLY to Anthony R. Triplett, County Attorney, Post Office Box 1388, 922 C Street, North Wilkesboro, N.C. 28659, and MUST BE RECEIVED BY MAIL no later than 5:00 P.M. on Monday, September 7, 2020, and shall be accompanied by a deposit in the amount of FIVE (5%) PERCENT of the new offer by certified or personal check made payable to “Anthony R. Triplett Trust Account.” In the event more than one upset bid is filed, the first upset bid received shall govern and all subsequent upset bids received shall be returned to their respective bidders. Upon receipt of an upset bid in compliance with the foregoing provisions, the property will be advertised again for additional upset bids, under the same procedure as set forth above, which procedure shall continue until no further upset bid has been received.

Upon the completion of all required upset bid periods the final offer received will be presented to the Wilkes County Board of Commissioners, which may accept the offer or reject the same. In the event the offer is rejected, the County may elect to sell the property again under the above stated procedure or under any other lawful procedure as permitted by Article 12, Chapter 160A, North Carolina General Statutes.  In the event the offer is accepted, closing on the same must take place within thirty (30) days of said acceptance.

This the 26th day of August, 2020.

WILKES COUNTY BOARD OF COMMISSIONERS

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