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FY2021-24 The Disposition Of A Tax Foreclosed Property Acquired By Clerk’s Deed More Than 10 Years Ago And Establishing Intention To By Finding That The Properties Are Submerged By Water And Have No Assessed Value Therefore Will Be Retained By The Borough1 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: Mayor At Request Of The Manager Drafted by: Finance Department Introduced on: 12/03/2020 Public Hearing Date: 12/17/2020 Adopted on: 12117/2020 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-24 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE DISPOSITION OF A TAX FORECLOSED PROPERTY ACQUIRED BY CLERK'S DEED MORE THAN 10 YEARS AGO AND ESTABLISHING INTENTION TO BY FINDING THAT THE PROPERTIES ARE SUBMERGED BY WATER AND HAVE NO ASSESSED VALUE THEREFORE WILL BE RETAINED BY THE BOROUGH. WHEREAS, the Kodiak Island Borough acquired property, by clerk's deed in 2006 as a result of tax foreclosure procedures, described as: A parcel located at Karluk, AK, formerly owned by Lydia Malutin, which is identified as KIB Parcel PID 19846, and by its LEGAL DESCRIPTION: LOT SIX (6), TRACT "D", OF THE ALASKA NATIVE LAND CLAIMS SETTLEMENT ACT (ANCSA) SECTION 14(C), TRACTS AT KARLUK, ALASKA, according to Plat No. 2000-3, located in the Kodiak Recording District, Third Judicial District, State of Alaska, EXCEPTING THEREFROM the subsurface estate, and all rights, privileges, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971, 43 U.S.C. 1602, 1613 (h)(3).; and WHEREAS, the Kodiak Island Borough acquired property, by clerk's deed in 2008 as a result of tax foreclosure procedures, described as: A parcel located at Karluk River, formerly owned by Security National Alaska, which is identified as KIB Parcel PID 17034, and by its LEGAL DESCRIPTION: UNITED STATES SURVEY NUMBER 82, according to the original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska; and WHEREAS, the foreclosed properties are both submerged by water and have no assessed value, the properties will be retained by the Borough because no value exists to offer at auction. 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 Finance Director has reviewed the Commission's action, as required by KIBC 18.10.030; and Kodiak Island Borough, Alaska Ordinance No. FY2021-24 Page 1 of 3 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 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax -foreclosed properties described as: LOT SIX (6), TRACT "D", OF THE ALASKA NATIVE LAND CLAIMS SETTLEMENT ACT (ANCSA) SECTION 14(C), TRACTS AT KARLUK, ALASKA, according to Plat No. 2000-3, located in the Kodiak Recording District, Third Judicial District, State of Alaska, and UNITED STATES SURVEY NUMBER 82, according to the original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska are declared not to be of "public need" and the property be held by the Kodiak Island Borough because the properties are submerged by water and have no assessed value therefore the parcels will not be sold; and WHEREAS, more than ten (10) years have elapsed since the expiration of the redemption period of theses parcels, thus the Borough is not 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 Karluk, AK, which is identified as KIB Parcel PID 19846, and by its LEGAL DESCRIPTION: LOT SIX (6), TRACT "D", OF THE ALASKA NATIVE LAND CLAIMS SETTLEMENT ACT (ANCSA) SECTION 14(C), TRACTS AT KARLUK, ALASKA, according to Plat No. 2000-3, located in the Kodiak Recording District, Third Judicial District, State of Alaska, EXCEPTING THEREFROM the subsurface estate, and all rights, privileges, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971, 43 U.S.C. 1602, 1613 (h)(3).as a result of the tax foreclosure procedure; and formerly owned by Lydia Malutin, has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2006 dated June 29, 2010, recorded as Document 2010-001188-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined the borough will retain this property because the property is submerged by water and the property has no assessed value. Section 3: That the parcel located at Karluk River, which is identified as KIB Parcel PID 17034, and by its LEGAL DESCRIPTION: UNITED STATES SURVEY NUMBER 82, according to the original Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of Alaska, and formerly owned by Security National Alaska has been acquired by the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2008 dated July 6, 2010, recorded as Document 2010-001222-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined the Kodiak Island Borough, Alaska Ordinance No. FY2021-24 Page 2 of 3 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 borough will retain this property because the property is submerged by water and the property has no assessed value. Section 4: This ordinance shall become effective as provided in KIBC 1.10.040. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF DECEMBER, 2020. ATTEST: p VOTES: Ayes: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Noes: Kodiak Island Borough, Alaska Rice, Borough Clerk 4 C C li �.� _ ��cp g4ASKA`j` Ordinance No. FY2021-24 Page 3 of 3