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1995-05A Amending 95-05 to Reflect Changes in Purposes of Certain ParcelsKODIAK ISLAND BOROUGH ORDINANCE NO. 95 -05A Introduced by: Mayor Selby Requested by: Resource Manager Drafted by: Resource Manager Introduced: 05/07/98 Public Hearing: 05/21/98 Adopted: 05/21/98 AN ORDINANCE AMENDING ORDINANCE NO. 95 -05 DETERMINING THE DISPOSITION OF TAX FORECLOSED PROPERTIES FOR 1991, 1992, AND PREVIOUS YEARS TO REFLECT CHANGES IN THE PURPOSES OF CERTAIN PARCELS WHEREAS, the Superior Court of the state of Alaska deeded to the Kodiak Island Borough certain 1991 and 1992 tax foreclosed parcels due to the non - payment of property tax; and WHEREAS, Ordinance No. 95 -05 declared that certain foreclosed lands that were once part of the Kodiak National Wildlife Refuge (Refuge) be of "public purpose "; and WHEREAS, Ordinance No. 95 -05 was remanded to the Planning and Zoning Commission for further review on a site by site basis before sale or exchange to the United States Fish and Wildlife Service (USFWS) and recommendation to the assembly about whether there was "value of these parcels to the Kodiak Island Borough, the Refuge, or the general public "; and WHEREAS, the Planning and Zoning Commission has reviewed the parcels on a site specific basis and has made a recommendation that certain parcels should be retained for public purposes, managed by the USFWS, and be made a part of the Refuge and others should be removed from the "public purposes" status to be sold at the next Borough land sale; and WHEREAS, the Exxon Valdez Oil Spill Trustee Council has earmarked one million dollars ($ 1,000,000) for the purchase of tax foreclosed parcels located in Uyak Bay on Kodiak Island; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Kodiak Island Borough, Alaska Ordinance No. 95 -05A Page 1 of 4 Section 2: The following parcels located within the corporate city limits of the city of Larsen Bay are not needed for public purposes but for community development purposes and be offered for sale at the next Kodiak Island Borough land sale: Charles Hochmuth P.O. Box 132 Larsen Bay, AK 99624 85302902901 GOVERNMENT LOT 4 OF PROTRACTED SECTION 29, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, EXCLUDING Native Allotment AA -7123. 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 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). Richard P. Hochmuth 66 Haverhill Rd. E. Kingston, NH 03827 P. O. Box 2202 Kodiak, AK 99615 R5302903003 NE 1/4 GOVERNMENT LOT 4 OF PROTRACTED SECTION 30, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, 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 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). Ann Hochmuth P.O. Box 81 Larsen Bay, AK 99624 R5302902903 THE SOUTH 1 /2 OF GOVERNMENT LOT 5 AND ALL OF GOVERNMENT LOT 6 WITHIN PROTRACTED SECTION 29, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, EXCLUDING Native allotments AA -7396 and AA -7123. 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 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). Joe D. McCormick P.O. Box 61 Larsen Bay, AK 99624 Kodiak Island Borough, Alaska Ordinance No. 95 -05A Page 2 of 4 R5302903002 SE 1/4 OF GOVERNMENT LOT 4 OF PROTRACTED SECTION 32, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, 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 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). Estate of John Noya 1450 W. Melanie Wasilla, AK 99687 P.O. Box 43 Larsen Bay, AK 99624 c/o Kathryn Noya 1550 Copper Creek Rd. Wasilla, AK 99654 R5302902902 GOVERNMENT LOT 7 OF PROTRACTED SECTION 29, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, 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 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). Roberta Aga P.O. Box 1 Larsen Bay, AK 99624 NE 1/4 SW 1/4 NE 1/4 OF PROTRACTED SECTION 32, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, 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 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). Moses P. Malutin, Sr. P.O. Box 14 Larsen Bay, AK 99624 R5302903004 SW 1/4 OF GOVERNMENT LOT 4 OF PROTRACTED SECTION 30, TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEWARD MERIDIAN, 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 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). Kodiak Island Borough, Alaska Ordinance No. 95 -05A Page 3 of 4 Section 3: The parcels of land located outside the corporate city limits of the city of Larsen Bay have high public value for public recreation and wildlife habitat replacement and are best managed by the United States Fish and Wildlife Service because of the following reasons: ATTEST: 1. The land surrounding the parcels is managed for Kodiak National Wildlife Refuge purposes. 2. The United States Fish and Wildlife Service has sufficient staff trained in outdoor recreation and wildlife habitat. 3. This area has been identified as replacement habitat for that habitat injured during the Exxon Valdez oil spill. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY -FIRST DAY OF MAY, 1998 KODIAK ISLAND BOROUGH Jer �'�y4jut yi i -mil D 'b n na F. Smith, `CMC /AAE Borough Clerk Ga, L. St ens, Presiding Officer Kodiak Island Borough, Alaska Ordinance No. 95 -05A Page 4 of 4