FY2021-03 Determining The Disposition Foreclosed Property PnZ Case 20-003, PnZ Res 2020-041
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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. FY2021-03
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING
THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK'S DEED IN
2013 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 2013, property located at
Shuyak Island, Kodiak, AK described as: Hardy Hofstad, Etal (Hardy Hofstad / Ragnor Dahl /
Charles Sword) PID 17239 LEGAL DESCRIPTION: UNITED STATES SURVEY NUMBER 1699,
according to the official Plat thereof, 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. FY2021-03
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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 UNITED STATES SURVEY NUMBER 1699, according to the official Plat
thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska is 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 this parcel, 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 Shuyak Island, Kodiak, AK and identified by number 17239;
Legal Description: UNITED STATES SURVEY NUMBER 1699, according to the official Plat
thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska and
formerly owned by Hardy Hofstad, Eta[ (Hardy Hofstad / Ragnor Dahl / Charles Sword) has been
acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for
the year 2010 dated January 31, 2013, recorded as Document 2013-000336-0 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.
Kodiak Island Borough, Alaska
Ordinance No. FY2021-03
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Section 3: 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 4: 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 5: 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 6: 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
Mayor William Roberts
VOTES:
Ayes: Arndt, Dvorak, Kavanaugh,
Noes:
Kodiak Island Borough, Alaska
/�<CPJ
; d Skinner
ATTEST:
Rice, Borough Clerk
Ordinance No. FY2021-03
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