FY2021-05 Determining The Disposition of a Tax Foreclosed Property Acquired by Clerk's Deed in 20171
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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. FY2021-05
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING
THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK'S DEED IN
2017 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 2017 as a result of tax
foreclosure procedures, property described as:
A parcel located at Sunny Cove Spruce Island, Kodiak, AK, formerly owned by Edwina Mae
Anderson which is identified as KIB Parcel PID 17159, and by its LEGAL DESCRIPTION: LOT
TWENTY-NINE (29) SUNNY COVE SUBDIVISION, a portion of UNITED STATES SURVEY NO
1671, 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 547 Carrol Way, Kodiak, AK, formerly owned by Charles F. Lorenson. which
is identified as KIB Parcel PID 22636, and by its LEGAL DESCRIPTION: LOT ELEVEN "A"
(11A), BLOCK THREE (3), UNITED STATE SURVEY NO. 3100, according to Plat No. 2009-9,
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
Kodiak Island Borough, Alaska
Ordinance No. FY2021-05
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by resolution no. FY2020-04 on the parcel's 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
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 TWENTY-NINE (29) SUNNY COVE SUBDIVISION, a portion of
UNITED STATES SURVEY NO 1671, according to Plat No. 81-2, located in the Kodiak Recording
District, Third Judicial District, State of Alaska, LOT ELEVEN "A" (11A), BLOCK THREE (3),
UNITED STATE SURVEY NO. 3100, according to Plat No. 2009-9, 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
for 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 17159; Legal Description: LOT TWENTY-NINE (29) SUNNY COVE SUBDIVISION, a
portion of UNITED STATES SURVEY NO. 1671, according to Plat No. 81-2, 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 2014 dated August 8, 2017, recorded as Document 2017-001269-0 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 547 Carroll Way, Kodiak, AK, and identified by number
22636; Legal Description: LOT ELEVEN "A" (11A), BLOCK THREE (3), UNITED STATE
SURVEY NO. 3100, according to Plat No. 2009-9, located in the Kodiak Recording District, Third
Judicial District, State of Alaska and formerly owned by Charles F. Lorenson has been acquired
by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year
2014 dated August 8, 2017, recorded as Document 2017-001269-0 in the Kodiak Recording
District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been
Kodiak Island Borough, Alaska
Ordinance No. FY2021-05
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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. 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 ISLAND BOROUGH
ayor William Roberts
VOTES:
Ayes: Schroeder, Skinner Arndt, Dvorak, and Kavanaugh
Noes:
Kodiak Island Borough, Alaska
Alise Q Rice, Borough Clerk
Ordinance No. FY2021-05
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