FY2021-08 Determining The Disposition Of A Tax Foreclosed Property Acquired By Clerkâs Deed In 20191
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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. FY2021-08
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING
THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK'S DEED IN
2019 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 110 Bancroft Dr, Kodiak AK, formerly owned by the James Clifford Cole
Trust, which is identified as KIB Parcel PID 16297, and by its LEGAL DESCRIPTION: LOT
TWENTY-SIX "A" (26A) of the subdivision of LOTS TWENTY-FIVE (25) and TWENTY-SIX (26)
of UNITED STATES SURVEY NO 3098, according to Plat No 74-17, 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 Cape Karluk (Southwest End), Kodiak, AK, formerly owned by Kimberly
Edman, which is identified as KIB Parcel PID 17276, and by its LEGAL DESCRIPTION: UNITED
STATES SURVEY. 1891, according to the official Bureau of Land Management Survey thereof,
located in the Kodiak Recording District, Third Judicial District, State of Alaska, (Cape Karluk) as
a result of the tax foreclosure procedure; and
A parcel located at Ugak Bay, Kodiak, AK, formerly owned by Dale Stratton, which is identified
as KIB Parcel PID 19384, and by its LEGAL DESCRIPTION: ALASKA STATE LAND SURVEY
NO. 92-100, according to Plat 93-7, located in the Kodiak Recording District, Third Judicial
District, State of Alaska (Santa Flavia), as a result of the tax foreclosure procedure; and
A parcel located at NHN Kiliuda Bay, AK, formerly owned by John Patrick Wick, which is
identified as KIB Parcel PID 19449, and by its LEGAL DESCRIPTION: TRACT "B" OF ALASKA
STATE LAND SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording
District, Third Judicial District, State of Alaska (Boulder Bay), as a result of the tax foreclosure
procedure; and
A parcel located at NHN Kiliuda Bay, AK, formerly owned by John Wick, which is identified as
KIB Parcel PID 19391, and by its LEGAL DESCRIPTION: TRACT "A" OF ALASKA STATE LAND
Kodiak Island Borough, Alaska
Ordinance No. FY2021-08
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SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording District, Third
Judicial District, State of Alaska (Boulder 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 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 TWENTY-SIX "A" (26A) of the subdivision of LOTS TWENTY-FIVE
(25) and TWENTY-SIX (26) of UNITED STATES SURVEY NO 3098, according to Plat No 74-17,
located in the Kodiak Recording District, Third Judicial District, State of Alaska, UNITED STATES
SURVEY. 1891, according to the official Bureau of Land Management Survey thereof, located in
the Kodiak Recording District, Third Judicial District, State of Alaska, (Cape Karluk), ALASKA
STATE LAND SURVEY NO. 92-100, according to Plat 93-7, located in the Kodiak Recording
District, Third Judicial District, State of Alaska (Santa Flavia), TRACT "B" OF ALASKA STATE
LAND SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording District,
Third Judicial District, State of Alaska (Boulder Bay), and TRACT "A" OF ALASKA STATE LAND
SURVEY NO. 90-51, according to Plat 90-55, located in the Kodiak Recording District, Third
Judicial District, State of Alaska (Boulder Bay) 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.
Kodiak Island Borough, Alaska Ordinance No. FY2021-08
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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 110 Bancroft Drive Kodiak, AK and identified by number
16297; Legal Description: LOT TWENTY-SIX "A" (26A) of the subdivision of LOTS TWENTY-
FIVE (25) and TWENTY-SIX (26) of UNITED STATES SURVEY NO 3098, according to Plat No
74-17, located in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly
owned by the James Clifford Cole Trust has been acquired by the Kodiak Island Borough by
clerk's deed for delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded
as Document 2019-000899-0 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 Cape Karluk (Southwest End), Kodiak, AK, and identified
by number 17276; Legal Description: UNITED STATES SURVEY. 1891, according to the official
Bureau of Land Management Survey thereof, located in the Kodiak Recording District, Third
Judicial District, State of Alaska. (Cape Karluk), located in the Kodiak Recording District, Third
Judicial District, State of Alaska and formerly owned by Kimberly Edman has been acquired by
the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2016
dated April 26, 2019, recorded as Document 2019-000899-0 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 Ugak Bay, Kodiak, AK and identified by number 19384;
Legal Description: ALASKA STATE LAND SURVEY NO. 92-100, according to Plat 93-7, located
in the Kodiak Recording District, Third Judicial District, State of Alaska (Santa Flavia) and formerly
owned by Dale Stratton has been acquired by the Kodiak Island Borough by clerk's deed for
delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded as Document
2019-000899-0 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 NHN Kiliuda Bay, AK and identified by number 19449; Legal
Description: TRACT "B" OF ALASKA STATE LAND SURVEY NO. 90-51, according to Plat 90-
55, located in the Kodiak Recording District, Third Judicial District, State of Alaska (Boulder Bay)
and formerly owned by John Patrick Wick has been acquired by the Kodiak Island Borough by
clerk's deed for delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded
as Document 2019-000899-0 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
Kodiak Island Borough, Alaska
Ordinance No. FY2021-08
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to retain this property for Borough purposes, and the property will be sold at the earliest
opportunity to do so.
Section 6: That the parcel located at NHN Kiliuda Bay, AK and identified by number 19391; Legal
Description: TRACT "A" OF ALASKA STATE LAND SURVEY NO. 90-51, according to Plat 90-
55, located in the Kodiak Recording District, Third Judicial District, State of Alaska (Boulder Bay)
and formerly owned by John Wick has been acquired by the Kodiak Island Borough by clerk's
deed for delinquent property tax accounts for the year 2016 dated April 26, 2019, recorded as
Document 2019-000899-0 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 7: 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 8: 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 9: 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 10: 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
A E
Mayor William Roberts
Alise
VOTES:
Ayes: Dvorak, Kavanaugh, Schroeder, Skinner and Arndt
Noes:
Kodiak Island Borough, Alaska
Ordinance No. FY2021-08
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