Loading...
FY2021-08 Determining The Disposition Of A Tax Foreclosed Property Acquired By Clerk’s Deed In 20191 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 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 Page 1 of 4 45 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 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 Page 2 of 4 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 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 Page 3 of 4 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 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 Page 4 of 4