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DEPARTMENT OF REVENUE
OF THE
STATE OF ALASKA
E. 9th, Suite 103
RAGE, ALASKA 99501
NOTICE OF SALE
June 3
Kodiak Island Borough
Kodiak, Alaska
RECEIVED
JUN 111982
w PM
i aid iioiii�a2�at�21C11�
1982
Pursuant to authority contained in AS 09.50.120 the folio ng described property
has reverted to the State of Alaska.
The property will be sold in accordance with the provisions of aforementioned
statute, and regulations promulgated thereunder, at public auction on the
24th day of June 19 82 at 10:A.M.
o'clock at Alaska State Court Building, 202 Marine Way, Room 47, Kodiak,
Alaska 99615
(place of sale)
Description of Property
A PORTION OF 'OT SEVENTEEN (17), BLOCK THREE 3 LEITE ADDITION TO THE CI'
OF KODIAK, according to at 43-2, in the Kodiak Recording District, Third
District, State of Alaska, and more particularly described as follows:
Beginning at the Northeast corner of LOT SEVENTEEN (17), BLOCK THREE (3),,
LEITE ADDITION Corner Number One (1); Thence in a Northwesterly direction
one -hundred (100) feet along the Northerly line of said lot to Corner Number
Two (2); Thence, at right angles in a Southwesterly direction, the distance
of forty (40) feet to Corner Number Three (3); Thence, at right angles in
a Southeasterly direction, a distance of one -hundred (100) feet to the Westerly
line of the Mission Highway, a distance of forty (4) feet to Corner Number
One (1), the place of beginning.
The property will be offered for sale by sealed bid.
MINIMUM BID WILL BE $ 12,100.00
The terms of payment will be 20% deposit by cashiers check or letter of credit.
Balance by certified payment within seven (7) calendar days from the date
of sale.
For bid forms and additional
information, contact Peter
Morgan, 201 E 9th Ave.,
Suite 103, Anchorage, Alaska 99501,
Phone (907) 272-1522
COMMISSIONER OF REVENUE
STATE OF ALASKA
THOMAS ,. WILLIAMS
BY // '
/JAMES B. LEST'
;EVENUE ENFORCEMENT SUPERVISOR
(Title)
12:11111riar ass- --/
DEPARTMENT OF REVENUE
OF THE
STATE OF ALASKA
201 E. 9th Ave. Suite 103
ANCHORAGE, ALASKA 99501
SEALED BID INSTRUCTIONS
1. INVITATION - Bids are solicited through the public notice of sale. The
notice specifies the property to be sold and the time and place of sale.
All sales of property are subject to the terms and conditions as provided
by AS 09.50.120 as stated in the public notice of sale, and as stated hereon.
2. BIDS - Bids shall be submitted on State Form:04-164A. If the public
notice of sale specifies that the property to be sold is offered under alternative
methods, such as separately, by groups, andin the aggregate, or by any combination
of these methods, bidders may submit bids under one or more of the alternatives.
In such cases a separate Form 04-164A shall be submitted for each alternative
bid, but such bids may be submitted in the same envelope. For amount of
remittance which shall accompany such alternative bids, see instruction No.
4 below.
3. TIME FOR RECEIVING AND OPENING BIDS - Bids shall be submitted in a securely
sealed envelope. The bidder shall indicate in the upper left hand corner
of the envelope his name and address and the time and place of sale aS announced
in the public notice of sale. A bid will not be considered unless it is
received by the State revenue officer conducting the sale prior to the opening
of the bids. The bids will be opened at the time and place stated in the
public notice of sale, or at the time fixed in the announcement of the adjournment
of the sale.
4. REMITTANCE WITH BID - Unless a remittance has been submitted in accordance
with the terms of an agreement to bid on the property now offered for sale,
a remittance shall be submitted as follows:
(a) If the total bid is $200 or less, the full amount of the bid shall
be submitted herewith.
(b) If the total bid is more than $200, 20 percent.of such bid shall
be submitted therewith.
(c) In the case of alternative bids submitted by the same bidder for
items of property offered separately, by groups, and in the aggregate, or
by any combination of these methods, the bidder shall remit the full amount
of the highest alternative bid submitted, if that bid is $200 or less. If
the highest alternative bid submitted is more than $200, the bidder shall
remit 20 percent of the highest alternative bid.
5. FORM OF REMITTANCE - All remittances submitted with bids shall be by
certified, cashiers', or treasurers' checks drawn on any bank or trust company
incorporated under the laws of the United States or under the laws of any
State or possession of the United States, or by United States postal, bank,
express, or telegraph money orders. Remittance shall be made payable to
the Department of Revenue, State of Alaska.
6. PAYMENT OF BID PRICE - If the notice of sale states that payment in full
is required upon acceptance of the highest bid, payment shall be made at
such time. If the notice of sale states that deferred payment is permitted,
the balance shall be paid on or before the date fixed for payment thereof.
Any remittance submitted with a successful bid will be applied toward the
purchase price.
SEALED BID $NSTRUCTIONS PAGE 2
7. CONDITION OF TITLE AND OF PROPERTY - The property is offered by the State
of Alaska as escheated land under Alaska Statute 09.50.120. Only the right,
title, and interest of the deceased former owner in and to the property is.
offered for sale, and that interest is offered subject to any prior outstanding
mortgages, encumberances, or other liens in favor of third parties which are
valid. All property is offered for sale "as is" and "where is" and without
recourse. No guaranty or warranty, express or implied, is made as to the
validity of the title, quality, quantity, weight, size, or condition of any
of the property, or its fitness for any use or purpose. No claim will be
considered for allowance or adjustment or for rescission of the sale based
upon failure of the property to conform with any representation, express or
implied. A copy of a commercial title report is available for viewing at
the Enforcement Division office in Anchorage, Alaska. Contact the Revenue
Enforcement Officer indicated on the Notice of Sale for additional information.
Title will be conveyed by Quit Claim Deed.
0. WITHDRAWAL OF BIDS - A bid may be withdrawn on written or telegraphic
request received from the bidder by the revenue officer conducting the sale
prior to the time fixed for opening the bids. A technical defect in..a bid
confers no right on the bidder for the withdrawal of his bid after it has
been opened. However, the revenue officer conducting the sale has the right
to waive any technical defects in a bid.
9. REJECTION OF BIDS AND ADJOURNMENT OF SALE - The Department of Revenue
reserves the right to reject any and all bids and withdraw the property from
the sale.
10. AWARD -.After the opening, examination, and consideration of all bids,
the revenue officer conducting the sale will announce the amount of the highest
acceptable bid or bids and the name of the successful bidder or bidders.
In the event two or more highest acceptable bids are equal in amount, the
revenue officer conducting the sale will determine the successful bidder
by drawing lots. Any remittance submitted in connection with an unsuccessful
bid will be returned at the conclusion of the sale.
•
11. DELIVERY AND REMOVAL OF PERSONAL PROPERTY - The risk of loss is on the
purchaser upon acceptance of his bid. Possession of any personal property
will not be delivered to the purchaser until the purchase price has been
paid in full. If payment of part of the purchase price is deferred, the
Department of Revenue will retain possession of the property until the purchase
price has been paid in full. In such case, all charges and expenses incurred
in caring for the property after acceptance of the bid shall be borne by
the purchaser.
12. POSSESSION OF REAL PROPERTY - A title to any real property will not
be delivered or possession granted to the purchaser until the purchase price
has been paid in full. If payment of part of the purchase price is deferred,
the Department of Revenue will retain title and possession of the property
until the purchase price has been paid in full at which time a title will
be executed as soon as possible thereafter. In such case, all charges and
expenses incurred in caring for the property after acceptance of the bid
shall be borne by the purchaser.
a
DEPARTMENT OF REVENUE
of the
STATE OF ALASKA
STATE OFFICE BUILDING
JUNEAU
SEALED BID'FOR PURCHASE OF'ESCHEATED PROPERTY
Name of Bidder
Return of Remittance to Unsuccessful Bidder.
Total Amount of Bid
I hereby acknowledge receipt pf remittance
submitted with this bid.
(Street Address, City, State, ZIP)
Item or
DESCRIPTION OF PROPERTY
COMMISSIONER OF REVENUE
(Signature of Bidder)
Group No.
(Description must conform to that stated in the public
sale without reservation. Attach separate sheet
notice -of
if necessary.)
Amount Bid
Certificate of Sale Issued on (Date)•
A PORTION OF LOT SEVENTEEN (I7), BLOCK THREE (3), LEITE ADDITION TO
$• - -
THE CITY OF KODIAK, according to Plat 43-2,'in the'iodiak Recording
District, Third District, State of Alaska, and more particularly
described as follows: ' -
•
Beginning at the Northeast corner of LOT SEVENTEEN (17), BLOCK
THREE (3), LEITE ADDITION Corner Number One .(1); Thence in -a
Northwesterly direction one -hundred (100)"feet along the '
Northerly line of said lot to Corner Number Two (2); -
Thence, at right, angles in a Southwesterly direction, the
distance of forty (40) feet to Corner Number -Three (3);
Thence, at right. angles in a Southeasterly direction, a
distance of one -hundred (100) feet to the Westerly line -of the
Mission Highway, a distance of forty (40) feet to Corner Number
One (1), the place of beginning.
TOTAL AMOUNT OF BID
$•
Remittance enclosed in the amount of
' dollars.,
$ . (If remittance has been submitted with other bid, so state.)
Signature of Authorized Person
Name and Title
Date
THIS SPACE RESERVED FOR COMMISSIONER OF REVENUE
Award '
Return of Remittance to Unsuccessful Bidder.
Total Amount of Bid
I hereby acknowledge receipt pf remittance
submitted with this bid.
Remittance Applied to Bid
Balance Due an (Date)
$
COMMISSIONER OF REVENUE
(Signature of Bidder)
(Date)
By
Remittance returned by mail on (Date)
(Name and Title)
Certificate of Sale Issued on (Date)•
Signature of Officer
. (Name and Title)
04-164A
(5/82)
(See Sealed Bid Instructions)
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KOD1AK ISL A ND BO ". *UGH
Telephones 486-5736 - 486-5737 — Box 1246
May 11, 1982 KODIAK, ALASKA 99615
Mr. Pete Morgan
Alaska Department of Revenue
201 East 9th, Room 103
Anchorage, Alaska 99501
Dear Mr. Morgan,
Mr. Ed Haney, Kodiak Island Borough Assessor, recently advised
us that your office might be interested in disposing of a hold-
ing in Kodiak known as "Lot 17, Block 3, Leite Addition".
We are interested in pursuing acquisition of this parcel for
the Borough and would appreciate hearing from you in that
regard.
Sincerely,
William A. Walton
Community Development Department
Director
CC: Ed Haney
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Slee:
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• Area: O/ln Use Zone: A'/ MDdrng Address Property Add ess
Land Use: Unit Price:.. 7,
INFLUENCES:
PLUS
MINUS
Depth
OWNER
Land
Topography
Total
FOR CHANGE
Irregular Modification
i'
View
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Net Price of Land 42 .O LP
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DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
1234 W. HILLCREST DRIVE ANCHORAGE, ALASKA 99503
TELEPHONE (007) 2790931
MEMORANDUM
DATE:. April 13, 1981
TO: Arnie Hansen
Acting Borough Manager
FROM: Dale P. Tubbs liD- P1
Land Consultant
SUBJECT:
•
Portion of Lot 17, Block 3, Liete Addition
atiesk Lsiaa::1 Aoiwg
ManfAK, fJAu:k
APR 15 1981
4
On April 10th, I looked into the land title problem for that portion
of Lot 17, Block 3, Liete Addition. It appears title still vests with
Calvin Burnett. I did not find a deed at the Recorders office indicating
otherwise. .In a 1973 file on tax foreclosure information in the Clerk's
office, there is a note by Norma Holt stating the parcel be included
in the next notice on tax foreclosure. This apparently has not happened
to this date.
Itis my speculation that the description was left out of the 1969 "
foreclosure by mistake. It was noticed a year or so later, and then
was to be picked up in 1973. This didn't happen, so Mr. Burnett is
still the apparent owner.
No tax foreclosure procedure for delinquent Borough taxes has taken
place for several years. The continued failure to accomplish an annual
foreclosure will probably result in a number of properties tending to
"get lost." I have informed Gladys Berestoff to put the parcel back
on the tax roll until a proper foreclosure can be accomplished.
cc: Assessing Department
10.JILH
1$731rE AF /SU
DEPARTMENT OF NATURAL RESOURCES
L AND AND WATER MANAGEMENT
SOUTHCENTRAL DISTRICT
December 30, 1977
Kodiak Island Borough
Box 1246
Kodiak, AK 99615
Attn: Harry Milligan
Planning Director
Re: Lot 17, Block 3, Leite Addition
ADL 17480
ADL 73401
JAY t HAMMOND, QOYFRNOR
3327 Fairbanks Street
Anchorage, Alaska 99503
Dear Mr. Milligan:
As you know, portions of the above -referenced Lot 17 are
owned both by the State and the Kodiak Island. Borough. Your
letter of July 29, 1977, requested title to this lot under
the provisions of AS 38.05.315. A review of the contents of
the above -referenced ADL case files leads us to believe that
the Borough intends to exchange Lot 17, if and when the
State grants title to its portion of Lot 17. The parcel of
land acquired by the Borough would then be utilized as a
playground.
We are in receipt of a recent Attorney General's opinion
(copy enclosed) which states that land sold for less than
fair market value under the provisions of AS 38.05.315 must
contain a reverter clause to insure that the lands are
utilized for public purposes. Therefore, if you obtain the
State's portion to Lot 17 under this authority, it very
possibly could prevent any future exchange.
It is possible that you may wish to purchase the State's
portion of Lot 17 at fair market value. Purchase at fair
market value under AS 38.05.315 would not require that a
reverter clause be included in the. title document.
Kodiak Island Borough
KODIAK, AIA' to
RECEIVED
JAN 5 1978
0.4! PM
8'ite9dlhh 2,112,814x5,6
A
Kodiak Island Borough 2 December 30, 1977
Attn: Harry Milligan
Purchase at fair market value would entail an appraisal of
the State's portion of Lot 17 and possibly a survey of Lot
17 depending on Borough requirements. The survey and
appraisal expense would have to be borne by the Borough:
Please advise this office of the ,Borough's desires in this
matter. We will hold your application in abeyance pending
a reply. If you have any questions, please feel free to
contact this office.
Sincerely,
L. A. Dutton
District Manager
Enclosure
T0:`r
FROM:
Pete Froelich
Assistant Attorney General
Juneau - AGO
"Tom tleacham
Assistant Attorney General
Anchorage - AGO •;
t iE: August 2, 1977
TELEPHONE NO:
warch AS 38.05.315—Interpretation
Attached is a copy of the memorandum you
referred to in your.note-to me of July 29, 1977. At the
present,time the regulations interpreting or implementing
the Municipal "public purposes" land selection authority .
contained at AS 38.05.315 basically repeat the requirements
bf the statute itself. The interpretation placed by the
Director - Divisi_on-bt'7,ands; upon this .rov' .. and one
whicL T feel, is concis en:. - t e literal words of the
statute), is that in order to receive land under such.a
provision, a municipality must demonstrate that its need for
such land for - ur ose of furthering -some "public and
charitable use". Consistent with this -view, the director
"should, and under AS 38.05.035(a)(14)"can, Xmpose additional
conditions upon a §315 transfer to a municipality for "public
purposes". Such an interpretation is consistent with the
recent legislative amendment to AS 38.05.315, which states
r
(presumably referring to private non-profit corporations,
associations, etc., which qualify under §315, although,it is .
not entirely clear that municipalities are not also included),
that,
. . no lease of land may 1'n granted
"under this sectiect closed
tome use and enjoyment of the 0eneral
• public.
Presumably such a restriction on less -than -fee transfers"
of State land under §315 to eligible applicants,
which may include municipal corporations, would not be
subject to more stringent requirements than the transfer
of the fee interest in such lands to a municipality or other
eligible applicant.
Pete Froelich -2- 4ugust 2, 1977
In the absence of interpretive regulations, the
Director of the Division of Lands has considered' it neczssary
to strictly interpret §315 to preclude transfers of State
lands, in potentially unlimited amounts, to municipalties
for purposes which'are not "public purposes" when viewed
objectively. In this manner an "end -run" around the.10
percent limitation imposed in the Municipal Land Selection
'Statute �(AS 29.18.190-.200) is avoided. That statute, in
its.present fotut and in its proposed amendment considered. at
the last session of the Legislature, is the general authority
under.which the Division of Lands may transfer State land
a municipality for any purpose, without incquiring'into the
nature of that purpose, whether it be for "public use" -or
the strictly proprietary, pecuniary interest of the select
municipality.
If you have.any questions or further comments, -
please contact me:
TEM:dr
Attachment
cc: Mr. Mike Smith
Alaska Division of Lands
.Anchorage, Alaska - ..
0
1<
SLAND BOROUGH
clod ,E.
July 29, 1977
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
t, -
Edward G. Barber Jr.
Lands Officer
'Southcentral District Office
323 E. 4th Avenue
Anchorage, Alaska 99501
Dear Mr. Barber:
Lot 17, Blk 3 Leite Addition is shared by the State of Alaska and the Kodiak
Island Borough as can be seen by the enclosed sketch.
It is certainly time some action was taken on this land; as it is, neither
parties have enough land to accomplish anything.
As suggested by Mr. Hallback in his letter of November 28, 1972, a quit claim
deed under MS 38.05.315 would certainly be the solution.
If any other application is necessary, please advise us. However, if not,
please consider this our request for title of the part of Lot 17, Blk 3 Leite
Addition formerly owned by Knuti Nilson and recorded in Book 10 of Deeds
(Kodiak) pages 132 & 133 on June 29, 1962.
Sincerely, o
HM:ckw
Enclosure
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9875
KODIAK ISLAND BOROUGH
RESOLUTION NUMBER 73-6 -R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
DECLARING CERTAIN PROPERTY SURPLUS TO THE BOROUGH'S NEEDS AND
AUTHORIZING THE BOROUGH CHAIRMAN AND THE BOROUGH CLERK TO
CONVEY THE SAME TO THE CITY OF KODIAK.
WHEREAS, the Kodiak Island Borough is the owner of
certain real property described as:
Part of Lot Seventeen (17), Block Three (3),
Leite Addition to the City of Kodiak, and
WHEREAS, pursuant to Chapter 6 of the Kodiak Island
Borough Code of Ordinances and Resolutions the Borough is
authorized to offer to other political subdivisions, land
not needed by the Borough for or devoted to a public use, and
WHEREAS, the City of Kodiak has indicated that the
easements of this lot are needed for public utility and for
recreational use, and access to a municipal reserve.
NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island
•
Borough Assembly that the following tract of land:
Lot Seventeen (17), portion of, Block Three (3),
Leite Addition to the City of Kodiak
BE AND THE SAME IS HEREBY declared surplus to the
Borough's needs, and that pursuant to the Kodiak Island Borough
Code of Ordinances and Resolutions, the Borough Chairman and
the Borough Clerk be and they are hereby authorized to convey
all of the Borough's right, title and interest in and to said
property to the City of Kodiak, to be used for stated purpose.
PASSED AND APPROVED this lst day of March, 1973.
BY: I da
Borough Amman
BY: —y /
0,10144 /
Presiding Officer
ATTEST:
(7.<
•,-,•
Acting Borough C e
/t/557W /e0 P
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