FY2021-06 Determining The Disposition Of A Tax Foreclosed Property Acquired By Clerkâs Deed In 20181
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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. FY2021-06
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING
THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK'S DEED IN
2018 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 2018 as a result of tax
foreclosure procedures, property described as:
A parcel located at 39422 Chiniak Hwy, Chiniak, AK, formerly owned by Joseph David
Henderson and Sara Anne Henderson, which is identified as KIB Parcel PID 18222, and by its
LEGAL DESCRIPTION: LOT FOUR (4), UNITED STATES SURVEY NO. 3472, according to the
original Plat thereof, 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 Chiniak Hwy, Chiniak, AK, formerly owned by Joseph David Henderson and
Sara Anne Henderson, which is identified as KIB Parcel PID 23306, and by its LEGAL
DESCRIPTION: LOT ELEVEN (11), UNITED STATES SURVEY NO.3472, according to the
original Plat thereof, 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 Uyak Bay, Larsen Bay, AK, formerly owned by Joan Denise Lucas, which is
identified as KIB Parcel PID 18204, and by its LEGAL DESCRIPTION: THE EASTERLY FIVE
HUNDRED TWENTY-FIVE (525) FEET OF GOVERNMENT LOT FIVE (5) WITHIN SECTION 30,
TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, according to the original Plat
thereof, 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 Karluk, AK, formerly owned by Lydia Tania-Bird Malutin, which is identified
as KIB Parcel PID 19806, and by its LEGAL DESCRIPTION: LOT ONE (1), BLOCK ONE (1),
KARLUK SUBDIVISION, according to under Plat No. 78-16, 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
Kodiak Island Borough, Alaska Ordinance No. FY2021-06
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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
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 FOUR (4), UNITED STATES SURVEY NO. 3472, according to the
original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of
Alaska, LOT ELEVEN (11), UNITED STATES SURVEY NO.3472, according to the original Plat
thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska, THE
EASTERLY FIVE HUNDRED TWENTY-FIVE (525) FEET OF GOVERNMENT LOT FIVE (5)
WITHIN SECTION 30, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN,
according to the original Plat thereof, located in the Kodiak Recording District, Third Judicial
District, State of Alaska, and LOT ONE (1), BLOCK ONE (1), KARLUK SUBDIVISION, according
to under Plat No. 78-16, 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 39422 Chiniak Hwy Chiniak, AK and identified by number
18222; Legal Description: LOT FOUR (4), UNITED STATES SURVEY NO. 3472, according to
Kodiak Island Borough, Alaska
Ordinance No. FY2021-06
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the original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of
Alaska and formerly owned by Joseph David Henderson and Sara Anne Henderson has been
acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for
the year 2015 dated February 12, 2018, recorded as Document 2018-000359-0 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 Chiniak Hwy, Chiniak, AK, and identified by number 23306;
Legal Description: LOT ELEVEN (11), UNITED STATES SURVEY NO.3472, according to the
original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of
Alaska and formerly owned by Joseph David Henderson and Sara Anne Henderson has been
acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for
the year 2015 dated February 12, 2018, recorded as Document 2018-000359-0 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: That the parcel located at Uyak Bay, Larsen Bay, AK, and identified by number 18204;
Legal Description: THE EASTERLY FIVE HUNDRED TWENTY-FIVE (525) FEET OF
GOVERNMENT LOT FIVE (5) WITHIN SECTION 30, TOWNSHIP 30 SOUTH, RANGE 29
WEST, SEWARD MERIDIAN, according to the original Plat thereof, located in the Kodiak
Recording District, Third Judicial District, State of Alaska and formerly owned by Joan Denise
Lucas has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property
tax accounts for the year 2015 dated February 12, 2018, recorded as Document 2018-000359-0
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 5: That the parcel located at Karluk, AK, and identified by number 19806; Legal
Description: LOT ONE (1), BLOCK ONE (1), KARLUK SUBDIVISION, according to under Plat
No. 78-16 , located in the Kodiak Recording District, Third Judicial District, State of Alaska and
formerly owned by Malutin, Lydia Tania-Bird has been acquired by the Kodiak Island Borough by
clerk's deed for delinquent property tax accounts for the year 2015 dated February 12, 2018,
recorded as Document 2018-000359-0 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 6: 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 7: 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
Kodiak Island Borough, Alaska Ordinance No. FY2021-06
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within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures
and terms.
Section 8: 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 9: 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
021)
Mayor William Roberts
ATTEST:
Alise k Rice, Borough Clerk
VOTES:
Ayes: Skinner, Arndt, Dvorak, Kavanaugh, and Schroeder
Noes:
Kodiak Island Borough, Alaska
Ordinance No. FY2021-06
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