FY2022-11 Determining Tax Foreclosed Propertiesl
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Introduced by: Borough Manager thru the Mayor
Version 2 Drafted by: Finance Director
Introduced on:02117122
Public Hearing Date:03103122
Adopted on:03103122
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2022-11
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING
THE DISPOSITION OF TAX FORECLOSED PROPERTY ACQUIRED BY CLERK'S DEED IN
2019 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY
FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND
AUTHORIZING THE PROPERTY FOR DISPOSAL (P&Z Case 22-008) PLANNING AND
ZONING RESOLUTION NO. FY2022-01.
WHEREAS, the Kodiak Island Borough acquired by clerk's deed as a result of tax foreclosure
procedures for tax year 2019, property described as:
A parcel located at 3300 Mill Bay Road, Kodiak, AK, formerly owned by James S Pearson which
is identified as KIB Parcel PID 16328, and by its LEGAL DESCRIPTION: LOT "E" ONE "B" TWO
(E -1B2) OF THE RESUBDIVISION OF TRACT "E" UNITED STATES SURVEY NO. 3218,
i according to Plat No. 76-24, located in the Kodiak Recording District, Third Judicial District, State
I of Alaska, as a result of the tax foreclosure procedure; and
A parcel located at NHN Karluk, AK, formerly owned by Dale Reames, which is identified as KIB
Parcel PID 17038, and by its LEGAL DESCRIPTION: UNITED STATES SURVEY NO. 153,
according to Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of
Alaska, as a result of the tax foreclosure procedure; and
A parcel located at NHN Shearwater Bay, AK, formerly owned by Iona F Nies which is identified
as KIB Parcel PID 19471, and by its LEGAL DESCRIPTION: TRACT "G", ALASKA STATE LAND
SURVEY NO 2002-14, according to Plat No. 2004-13, located in the Kodiak Recording District,
Third Judicial District, State of Alaska, as a result of the tax foreclosure procedure; and
A parcel located at Elderberry Street Old Harbor, AK, formerly owned by Martin Inga Sr which is
identified as KIB PID 19777, and by its LEGAL DESCRIPTION: LOT FIVE (5), BLOCK NINE (9),
according to Plat No. 84-53, a vacation and replat of Tract "F", and a subdivision of a portion of
Tract "E", OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO. 4793, located in the
Kodiak Recording District, Third Judicial District, State of Alaska, as a result of tax foreclosure
procedure; and
WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part:
(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
Kodiak Island Borough, Alaska Ordinance No. FY2022-11
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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 a public purpose,
the municipality, by ordinance, shall determine that a public need does not exist. The ordinance
must contain the information required under (a) of this section; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this
tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation
by Resolution No. FY2022-01 on the parcel's disposition by recommending that this property
should NOT be retained for a public purpose; and
WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee
land sale with the vacant resource manager position; and
WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission's
action, as required by KIBC 18.10.030; and
WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax -foreclosed
properties described as LOT "E" ONE "B" TWO (E-1 132) OF THE RESUBDIVISION OF TRACT
"E" UNITED STATES SURVEY NO. 3218, according to Plat No. 76-24, located in the Kodiak
Recording District, Third Judicial District, State of Alaska, UNITED STATES SURVEY NO. 153,
according to plat thereof, located in the Kodiak Recording District, Third Judicial District, State of
Alaska, TRACT "G", ALASKA STATE LAND SURVEY NO 2002-14, according to Plat No. 2004-
13, located in the Kodiak Recording District, Third Judicial District, State of Alaska, and LOT FIVE
(5), BLOCK NINE (9), according to Plat No. 84-53, a vacation and replat of Tract "F", and a
subdivision of a portion of Tract "E", OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO.
4793, located in the Kodiak Recording District, Third Judicial District, State of Alaska, are declared
not to be of "public need" and be offered for sale; and
WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period
of these parcels, thus the Borough is required to send a notice of the public hearing to the last
known address of the former record owner within five days of the first publication of notice of the
hearing on this ordinance.
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That the parcel located at 3300 Mill Bay Road, Kodiak, AK, and identified by number
16328; Legal Description: LOT "E" ONE "B" TWO (E-1132) OF THE
RESUBDIVISION OF TRACT "E" UNITED STATES SURVEY NO. 3218, according
to Plat No. 76-24, located in the Kodiak Recording District, Third Judicial District,
Kodiak Island Borough, Alaska Ordinance No. FY2022-11
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L
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State of Alaska and formerly owned by James S Pearson has been acquired by the
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Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the
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year 2019 dated September 13, 2021, recorded as Document 2021-001860-0 in the
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Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax
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foreclosure, and it has been determined that a public need does not exist to retain
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this property for Borough purposes, and the property will be sold at the earliest
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opportunity to do so.
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Section 3:
That the parcel located at NHN Karluk, AK, and identified by number 17038; Legal
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Description: UNITED STATES SURVEY NO. 153, according to Plat thereof, located
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in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly
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owned by Dale Reames. has been acquired by the Kodiak Island Borough by clerk's
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deed for delinquent property tax accounts for the year 2019 dated September 13,
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2021, recorded as Document 2021-001860-0 in the Kodiak Recording District, State
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of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been
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determined that a public need does not exist to retain this property for Borough
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purposes, and the property will be sold at the earliest opportunity to do so.
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; Section 4:
That the parcel located at NHN Shearwater Bay, AK, and identified by number 19471;
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Legal Description: TRACT "G", ALASKA STATE LAND SURVEY NO 2002-14,
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according to Plat No. 2004-13, located in the Kodiak Recording District, Third
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Judicial District, State of Alaska and formerly owned by Iona F Nies. has been
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acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax
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accounts for the year 2019 dated September 13, 2021, recorded as Document 2021-
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001860-0 in the Kodiak Recording District, State of Alaska, Third Judicial District,
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pursuant to tax foreclosure, and it has been determined that a public need does not
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exist to retain this property for Borough purposes, and the property will be sold at
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the earliest opportunity to do so.
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Section 5:
That the parcel located at Elderberry Street, Old Harbor, AK, and identified by number
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19777; Legal Description: LOT FIVE (5), BLOCK NINE (9), according to Plat No. 84-
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53, a vacation and replat of Tract "F", and a subdivision of a portion of Tract "E",
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OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO. 4793, located in the
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Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned
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by Martin Inga Sr. has been acquired by the Kodiak Island Borough by clerk's deed
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for delinquent property tax accounts for the year 2019 dated September 13, 2021,
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recorded as Document 2021-001860-0 in the Kodiak Recording District, State of
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Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been
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determined that a public need does not exist to retain this property for Borough
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purposes, and the property will be sold at the earliest opportunity to do so.
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Section 6:
The finance director is directed to offer the property by sealed bid auction and the
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highest bidder will take ownership. The parcel shall be considered sold when the
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bid is accepted.
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Kodiak Island Borough, Alaska Ordinance No. FY2022-11
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137 Section 7: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit
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based on the minimum bid amount shown in the bid packet. The remaining balance
must be paid within thirty (30) days. The Assembly may, by resolution, provide for
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additional sale procedures and terms.
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Section 8: If the property remains unsold after being offered for sale by sealed bid, the property
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may be listed online for sale to any approved party for at least the minimum cost.
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Any parcel sold by this method will be considered sold when the Borough accepts
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! an offer for the property.
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Section 9: This ordinance shall become effective as provided in KIBC 1.10.040.
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
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THIS THIRD DAY OF MARCH, 2022.
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KODIAK ISLAND BOROUGH
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ATTEST:
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is6k6e4s, Mayo'r
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Lina Cruz, Acting Borough Clerk
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VOTES:
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Ayes: Turner, Arndt, Delgado, Griffin, and Smiley
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Noes:
Kodiak Island Borough, Alaska Ordinance No. FY2022-11
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