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FY2021-06 Determining The Disposition Of A Tax Foreclosed Property Acquired By Clerk’s Deed In 20181 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 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 Page 1 of 4 46 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 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 Page 2 of 4 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 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 Page 3 of 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 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 Page 4 of 4