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
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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
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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
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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:
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VOTES:
Ayes: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and
Noes:
Kodiak Island Borough, Alaska
Rice, Borough Clerk
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Ordinance No. FY2021-24
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