FY2020-14 Determining The Disposition Of A Tax Foreclosed Property And Establishing Intention To Surplus And Sell Said Property1
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Introduced by: Finance Director
Drafted by: Finance Director
Introduced on: 02/20/2020
Public Hearing Date: 03/05/2020
Adopted on: 03/05/2020
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2020-14
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING
THE DISPOSITION OF A TAX FORECLOSED PROPERTY 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 (P&Z Case 20-003) PLANNING AND ZONING RESOLUTION NO. FY2020-04.
WHEREAS, the Kodiak Island Borough has acquired property described as the Fractional W'/2
E'/z NE'/< SE Y< SE Y<; W'/z NE'/< SE'/< SE'/< and Fractional NW'/< SE'/< SE Y< of Protracted
Section 14, T31 S R29W Seward Meridian; TL 1404 AMOOK ISLAND and property described as
the SE Y4 NE Y< SE Y4 Within Section 30330S, R29W Seward Meridian, LARSEN BAY 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 these
tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation
by resolution no. FY2020-04 on the parcels 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
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
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Ordinance No. FY2020-14
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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 the Fractional W'/z E'/z NE Y< SE Y< SE %; W Yz NE'/4 SE'/4 SE'% and
Fractional NW'/4 SE'/4 SE'/4 of Protracted Section 14, T31S R29W Seward Meridian; TL 1404
AMOOK ISLAND and property described as the SE'/4 NE'/4 SE'/4 Within Section 30,T30S, R29W
Seward Meridian, LARSEN BAY are declared not to be of "public need" and be offered for
immediate sale; and
WHEREAS, more than ten (10) years have elapsed since the expiration of the redemption
period for redemption of these two parcels, thus relieving the Borough of the requirement for the
Clerk 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 parcel identified by Kodiak Island Borough parcel number 18386, located at the
Fractional W 1/2E ''/z NE'/4 SE'/4 SE'/4; W'/z NE'/4 SE'/4 SE'/4 and Fractional NW'/4 SE % SE
% of Protracted Section 14, T31S R29W Seward Meridian; TL 1404 AMOOK ISLAND and
formerly owned by the Estate of Willie Norell has been acquired by the Kodiak Island Borough by
clerk's deed dated June 22, 2009, recorded as Document 2009-001136-0 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 parcel identified by Kodiak Island Borough parcel number 18205, located at the
SE % NE'/4 SE'/4 Within Section 30,T30S, R29W Seward Meridian, LARSEN BAY and formerly
owned by Dorothy Beeching has been acquired by the Kodiak Island Borough by clerk's deed
dated June 22, 2009, recorded as Document 2009-001136-0 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 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 remaining balance must be paid
within thirty (30) days.
Kodiak Island Borough, Alaska
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Ordinance No. FY2020-14
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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 cost. Any parcel sold
by this method will be considered sold when the Borough accepts an offer for the property.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF MARCH, 2020.
KODIAK ISLAND BOROUGH ATTEST:
J/ (0 P, L�� P�7
ayor William Robe s Tara Welinsky, Clerk
VOTES:
Ayes: Dvorak, Kavanaugh, Schroeder, Turner
Noes:
Absent: Arndt, Skinner, Symmons
Kodiak Island Borough, Alaska
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Ordinance No. FY2020-14
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