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FY2026-10 Disposition of Foreclosed Properties1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE DISPOSITION OF TAX FORECLOSED PROPERTIES ACQUIRED BY CLERK'S DEED IN 2024 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 IMMEDIATE DISPOSAL WHEREAS, the Kodiak Island Borough acquired the following properties by clerk's deed in 2024 as a result of tax foreclosure procedures, described as: A parcel located at 214 Maple Ave, Kodiak, AK, formerly owned by Deric Allen Nixon, which is identified as KIB Parcel PID 14357, and by its LEGAL DESCRIPTION: LOT FIFTEEN (15) BLOCK THREE (3), ALEUTIAN HOMES INC SUBDIVISION, according to Plat No. 74-9, 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 Ugak Bay AK, formerly owned by Denis Patrick Cox and Wilma Louise Cox, as trustees of the Denis Patrick Cox and Wilma Louise Cox Joint Living Trust, which is identified as KIB Parcel PID 19397, and by its LEGAL DESCRIPTION: TRACT "E" OF ALASKA STATE LAND SURVEY 87-43, according to Plat No. 91-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the 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 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. FY2026-03 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 Ordinance No. FY2026-10 Page 1 of 3 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 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 FIFTEEN (15), BLOCK THREE (3), ALEUTIAN HOMES INC. SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska, and TRACT "E" OF ALASKA STATE LAND SURVEY 87-43, according to Plat No. 91-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska are declared not to be of "public need" and be offered for immediate sale; and WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period of theses 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. 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 214 Maple Ave., Kodiak, AK, and identified by number 14357; Legal Description: LOT FIFTEEN (15), BLOCK THREE (3), ALEUTIAN HOMES INC. SUBDIVISION, according to Plat No. 74-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned by Deric Allen Nixon has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2024 dated July 12, 2024, recorded as Document 2024-000787-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined that a public need does not exist to retain this property for Borough purposes, and the property will be sold at the earliest opportunity to do so. Section 3: That the parcel located at NHN Ugak Bay, AK and identified by number 19397; Legal Description: TRACT "E" OF ALASKA STATE LAND SURVEY 87-43, according to Plat No. 91-9, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned by Denis Patrick Cox and Wilma Louise Cox, as trustees of the Denis Patrick Cox and Wilma Louise Cox Joint Living Trust has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2024 dated July 12, 2024, recorded as Document 2024-000787-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined that a public need does not exist to retain this property for Borough purposes, and the property will be sold at the earliest opportunity to do so. Ordinance No. FY2026-10 Page 2 of 3 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Section 4: The finance director is directed to offer the property immediately by sealed bid auction and the highest bidder will take ownership. The parcel shall be considered sold when the bid is accepted. Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit based on the minimum bid amount shown in the bid packet. The minimum bid shall be the amount owed to the Borough including costs of sale . The remaining balance must be paid within thirty (30)days. Section 6: If the property remains unsold after being offered for sale by sealed bid, the property may be listed online for sale to any approved party for at least the minimum bid. Any parcel sold by this method will be considered sold when the Borough accepts an offer for the property. Section 7: This ordinance shall become effective as provided in KIBC 1.10.040. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SECOND DAY OF OCTOBER, 2025 KODIAK ISLAND BOROUGH Scott Arndt, Mayor Introduced by: Manager First reading: 09/18/2025 Second reading/public hearing: 10/02/2025 AT EST: ova M. Javier, MM'17,porough Clerk VOTES: Ayes: Smiley, Whiteside, Ames, Griffin, Johnson, and LeDoux Noes: None 1 Vacant Seat on the Assembly Ordinance No. FY2026-10 Page 3 of 3