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FY2008-03 Foreclosed PropertiesKODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -03 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Finance Department Introduced: 08/16/2007 Public Hearing: 09/20/2007 Adopted: 09/20/2007 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE DISPOSITION OF TAX FORECLOSED PROPERTIES FROM 2005 AND PRIOR TAX YEARS, ESTABLISHING INTENTION TO SURPLUS AND SELL THE SAME, FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THESE PROPERTIES, AND AUTHORIZING LAND SALE NUMBER SIXTEEN TERMS AND CONDITIONS WHEREAS, the Kodiak Island Borough has acquired real properties as a result of the tax foreclosure procedure from 2005 and prior tax years; and WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states: (a) The municipality shall determine by ordinance whether foreclosed property deeded to the municipality shall be retained for a public purpose. The ordinance must contain the legal description of the property, the address or a general description of the property sufficient to provide the public with notice of its location, and the name of the last record owner of the property as the name appears on the assessment rolls. (b) Tax - foreclosed property conveyed to a municipality by tax foreclosure and not required for a public purpose may be sold. Before the sale of tax - foreclosed property held for public purpose, the municipality, by ordinance, shall determine that a public need does not exist; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed the list of 2005 and prior tax years for foreclosed properties as required by KIBC 18.10.030, has conducted a public hearing on the disposition of the subject parcels, and has made a formal recommendation on the parcel's disposition to the Assembly that the parcels identified have been reviewed by staff and the Commission and that the properties not be retained for public purpose; and WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's action, as required by KIBC 18.10.030; and WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed parcels listed below are declared not to be of "public need" and be offered at a future KIB land sale; and Kodiak Island Borough Page 1 of LOCKE ROBERT & 1 MARY 2 HOEN ETAL 3 WREN 4 WREN WILLIAM 5 HAMAKER DAVE 6 MOSIER LINDA 7 SHOOK ESTHER TOLBERT 8 GORDON 9 MALUTIN Last owner PROPERTY NUMBER R7525031042 R1040060260 R5200004300 R5700000170 R6225040110 R7485000118 R1429020192 10 PORT BAILEY WILD R5200001120 11 PORT BAILEY WILD R5200001155 12 PORT BAILEY WILD R5700000050 13 SQUARTSOFF 14 SIMEONOFF SR CHRISTIANSEN 15 FRED & PETERSON 16 TERESA SIMEONOFF JR 17 WALTER SQUARTSOFF 18 JOAN & TUNOHUN LAURA 19 MAE LEGAL DESCRIPTION Road system parcels MILLER PT BK 3 LT 4A -2 ALEUTIAN BK 6 LT 26 USS 2735 TR A MIDDLE BAY ATS 899 MIDDLE BAY CANNERY MOUNTAIN VIEW 2ND BK 4 LT 11 LAKESIDE 1ST BK 1 LT 10A RUSSELL EST 3RD BK 2 LT 19A -2 Remote parcels R5312903601 T31S R29W TL 3601 AMOOK ISLAND R5765010010 KARLUK BK 1 LT 1 USS 2292 PORT BAILEY CANNERY USS 2352 PORT BAILEY CANNERY ATS 91 PORT BAILEY CANNERY R5765050040 KARLUK BK 5 LT 4 R5781110090 AKHOOK BK 11A LT 9A R5755090100 OLD HARBOR TR F BK 9 LT 1 R5312901103 T31S R29W TL 1103 UYAK BAY R5781110030 AKHIOK BK 11A LT 3A R5302903005 T3OS R29W TL 3005 LARSEN BAY R5755030600 OLD HARBOR TR F BK 3A LT 6A PHYSICAL ADDRESS HOUSE STREET # NAME 988 KRAFT WAY 413 WILLOW ST CHINIAK HWY NHN 2566 DEVILS PRONG 2345 BEAVER LAKE DR 1820A -2 LARCH ST UYAK BAY NHN KARLUK PORT BAILEY PORT BAILEY PORT BAILEY NHN KARLUK NHN AKHOIK THIRD AVE, OLD HARBOR NHN LARSEN BAY NHN AKHOIK NHN LARSEN BAY NHN OLD HARBOR Kodiak Island Borough Paae 2 of 3 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The preceding properties have been acquired by the Kodiak Island Borough by clerk's deed pursuant to tax foreclosure and have been determined that a public need does not exist and will be sold at the next Kodiak Island Borough Land sale. Section 3: All sealed bid auction will be conducted. All bids must be received by the manager's office by 4 pm on November 26. The bids will be opened on November 27 in the Borough assembly chambers at 9 am. The highest bidder will take ownership. Any required outcry auction will be held at this time. Section 4: The preceding properties numbered 10, 11, and 12 must be sold by outcry auction to satisfy KIBC 18.20.050, which generally states "The sale, lease or other permanent disposal of borough land valued at two hundred fifty thousand (250,000) dollars or more per parcel to any single individual, partnership or corporation (must be) by means of an outcry auction" Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% based on the minimum bid amount shown in the bid packet. The remaining balance must be paid within thirty (30) days. Section 6: All remaining unsold properties after the land sale may be listed online for sale to any approved party for at least the minimum cost. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF SEPTEMBER, 2007 Nova M. Javier, C(JUIC, Borough Clerk Kodiak Island Borough C nrifa, am KODIAK ISLAND BOROUGH * ome M. Selby, Borou Page 3 of 3