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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