LEITE ADD BK 3 LT 17A-1 - Supplemental InformationALAN L. SCHMITT
ATTORNEY AT LAW
ADMITTED TO ALASKA BAR
E-MAIL: alae®j eamkod. COM
JAMIN, EBELL, SCHMITT & MASON
A PROFESSIONAL CORPORATION -
ATTORNEYS AT LAW
323 CAROLYN STREET
KODIAK, ALASKA 99615
Carolyn Floyd, Mayor
City of Kodiak
Post Office Box 1397
Kodiak, Alaska 99615
TELEPHONE: (907) 486-6024
FACSIMILE: (907) 486-6112
REPLY TO KODIAK OFFICE
August 3, 2001
Re: 1999 Tax Foreclosure; 3K0-00-50 CI
Our File No. 4702-767
Dear Mayor Floyd:
ANCHORAGE OFFICE:
1007 WEST THIRD AVENUE. SUITE 201
ANCHORAGE. ALASKA 99501
TELEPHONE: (907) 278.6100
FACSIMILE: (907) 222-2760
SEATTLE OFFICE:
00 MUTUAL LIFE BUILDING
605 FIRST AVENUE
LE. WASHINGTON 98104
PHONE: (206) 622-7634
FACSIMILE: (206) 623.7521
With this letter 1 enclose a conformed copy of the recorded Clerk's Deed conveying
certain real property to the City of Kodiak as the result of non payment of taxes for 1999
and prior years. It is now appropriate that the City determine the disposition of the property
previously owned by the Heirs and Devisees of Alexandra Leite. In essence, this tract may
either be retained for a public purpose or it may be sold. This procedure is governed by
AS 2945.460, AS 29.45.470 and AS 29.45.480, copies are attached for your convenience.
If you have any questions or need additional information, please let me know.
Sincerely yours,
JAMIN, EBELL, SCHMITT & MASON
Alan L. Schmitt
Enclosures
cc: Gabrielle LeDoux, KIB Mayor
Pat Carlson, KIB Manager
Marian Royall, KIB Revenue Accountant
Linda Freed, City Manager
4702\7671012.wpd
LVe_tta-Go et -bo
•
•
JAMIN. EBELL
:HMITT & MASON
123 CAROLYN STREET
K00IAK. AK 99615
(907) 486-6024
BK00 18 I PG0450
ti
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KODIAK
In Re: Delinquent Taxes and )
Special Assessments for the )
Year 1999 and Prior Years In )
the Kodiak Island Borough. )
)
Case No. 3K0-00-50 CI
CLERK'S DEED
Alicia Allagonez, Acting
I,—L ; A. V/ade; Clerk of Court for the State of Alaska, Third Judicial District at Kodiak,
pursuant to AS 29.45.450 and the order of the Superior Court in this action, hereby conveys
to the City of Kodiak of Post Office Box 1397, Kodiak, Alaska 99615, all right, title and
interest in the following described real property situated in the Kodiak Recording District,
Third Judicial District, State of Alaska:
•
1: Heirs and Devisees of Alexandra Leite
That certain unsubdivided portion of United States Survey
Number 1681 Tying Northeasterly of Lot Seventeen °A' (17A),
Block Three (3), Leite Addition to the City of Kodiak, according
to Plat 43-2, located in the Kodiak Recording .District, Third
Judicial District, State of Alaska.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Trial Courts
for the State of Alaska, Third Judicial District this Sad day of 2001.
ay„',LOr lire,.
470*.i;Jfi `.
Alicia Aljagpnez;fcdin ., Clerk
; . of Alaska, Third Judicial Distri
"'','' ` .,F;. `" `' order of the Court, dated
tW cc z a�
.•r
or ' e State
at Kodiak, per
2001.
r
•
0
4v
JAMIN. SHELL
CHMETT Q MASON
311 CAROM STPQT
KOOIAK. AK 99615
19071 486.6024
BKOOI81PG0451
ACKNOWLEDGMENT •
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this 3 day of•-\
Alicia Allagonez, Acting
2001, by Eo,FA. to/ado, Clerk of Court for the State of' Alaska, Third Judicial District a
• SAL aFp.
Kodiak. :- <0PL CO,',, j
CP #A. All
47O217671T$Toe06.
After recording, return to:
Deputy Clerk of Court
C E ,F1: -i :: ::..t^' i::E Aaa3IE WAS.
c.AiLED TO
DcPo=ITER IN DISTRIE ON TRAY,
t OFFICE. KODIAKc.,h.\
Jamin, Ebell, Schmitt E. Mason
323 Carolyn Street
Kodiak, Alaska 99615
CLERK'S DEED -2
In Re: Delinquent Taxes 1999 and Prior
3K0 -0O.50 CI
AK ST § 29.45.460, Disposition and sale of foreclosed property Page 1
*13554 Alaska Stat. § 29.45.460
WEST'S ALASKA STATUTES
TITLE 29. MUNICIPAL GOVERNMENT
CHAPTER 45. MUNICIPAL TAXATION
ARTICLE 2. ENFORCEMENT OF TAX LIENS •
Current through 2000 2nd Reg. Sess. and 3rd Sp. Sess.
§ 29.45.460. Disposition and sale of foreclosed property
(a) The municipality shall determine by ordinance whether foreclosed property deeded to the
municipality shall beretained 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.
(c) The clerk or the clerk's designee shall send a copy of the published notice of hearing of an
ordinance to consider a determination required under (a) or (b) of this section by certified mail to the
former record owner of the property that is the subject of the ordinance. The notice shall be mailed within
five days after its first publication and shall be sufficient if mailed to the last record owner of the property
as the name appears on the assessment rolls of the municipality.
(d) The provisions of (c) of this section do not apply with respect to property that has been held by
the municipality for a period of more than 10 years after the close of the redemption period.
Search this disc for cases citing this section.
Copyright (c) West Group 2000 No claim to original U.S. Govt. works
AK ST § 29.45.470, Repurchase by record owner Page 1
• *13555 Alaska Stat. § 29.45.470
WEST'S ALASKA STATUTES
TITLE 29. MUNICIPAL GOVERNMENT
CHAPTER 45. MUNICIPAL TAXATION
ARTICLE 2. ENFORCEMENT OF TAX LIENS •
Current through 2000 2nd Reg. Sess. and 3rd Sp. Sess.
§ 29.45.470. Repurchase by record owner
(a) The record owner at the time of tax foreclosure of property acquired by a municipality, or the
assigns of that record owner, may, within 10 years and, before the sale or contract of sale of the tax -
foreclosed property by the municipality, repurchase the property. The municipality shall sell the property
for the full amount applicable to the property under the judgment and decree plus
(1) interest not to exceed 15 percent a year from the date of entry of the judgment of foreclosure to
the date of repurchase;
(2) delinquent taxes assessed and levied as though it had continued in private ownership;
(3) costs of foreclosure and sale incurred by the municipality; and
(4) costs of maintaining and managing the property incurred by the municipality including
insurance; repairs, association dues, and management fees, that exceed amounts received by the
municipality for the use of the property.
(b) After adoption of an ordinance providing for the retention of tax -foreclosed property by the.
municipality for a public purpose, the right of the former record owner to repurchase the property ceases.
Search this disc for cases citing this section.
Copyright (c) West Group 2000 No claim to original U.S. Govt. works