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FY2021-04 Determining The Disposition of a Tax Foreclosed Property Acquired by Clerk's Deed in 20141 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 45 46 Introduced by: Finance Director Drafted by: Finance Director Introduced on: 07/16/2020 Public Hearing Date: 08/06/2020 Adopted on: 08/06/2020 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK'S DEED IN 2014 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 acquired, by clerk's deed in 2014 as a result of tax foreclosure procedures, property described as: A parcel located at Sunny Cove Spruce Island, Kodiak, AK, formerly owned by Marjorie Anderson which is identified as KIB Parcel PID 17166, and by its LEGAL DESCRIPTION: LOT THIRTY-SIX (36) SUNNY COVE SUBDIVISION, according to Plat No. 81-2, 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 Elderberry Street Old Harbor, AK, formerly owned by Alfred Hansen, Jr. which is identified as KIB Parcel PID 19779, and by its LEGAL DESCRIPTION: LOT SEVEN (7) BLOCK NINE (9) TRACT E OLD HARBOR TOWNSITE USS 4793, according to Plat No. 84-53, 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. FY2020-04 on the parcel's disposition by recommending that this property should NOT be retained for a public purpose; and Kodiak Island Borough, Alaska Ordinance No. FY2021-04 Page 1 of 3 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 89 90 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee land sale with the vacant resource manager position: and 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 THIRTY-SIX (36) SUNNY COVE SUBDIVISION, according to Plat No. 81-2, located in the Kodiak Recording District, Third Judicial District, State of Alaska, LOT SEVEN (7) BLOCK NINE (9) TRACT E OLD HARBOR TOWNSITE USS 4793, according to Plat No. 84-53, 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 these 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 Sunny Cove Spruce Island, Kodiak, AK, and identified by number 17166; Legal Description: LOT THIRTY-SIX (36) SUNNY COVE SUBDIVISION, according to Plat No. 81-2, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned by Marjorie Anderson has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2012 dated October 29, 2014, recorded as Document 2014-001709-0 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 Elderberry Street Old Harbor, AK, and identified by number 19779; Legal Description: LOT SEVEN (7) BLOCK NINE (9) TRACT E OLD HARBOR TOWNSITE USS 4793, according to Plat No. 84-53, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned by Alfred Hansen Jr. has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2012 dated October 29, 2014, recorded as Document 2014-001709-0 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. Kodiak Island Borough, Alaska Ordinance No. FY2021-04 Page 2 of 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 112 113 114 115 116 117 118 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. The Assembly may, by resolution, provide for additional sale procedures and terms. 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. Section 7: This ordinance shall become effective as provided in KIBC 1.10.040. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF AUGUST, 2020. KODIAK ISL D BOROUGH A' a or William Roberts Cz VOTES: Ayes: Kavanaugh, Schroeder, Skinner, Arndt and Dvorak Noes: Alise�-. Rice, Borough Clerk �r'°"Pr1D Bp9\ gCASKP�/ Kodiak Island Borough, Alaska Ordinance No. FY2021-04 Page 3 of 3