1998-22 Determining Disposition of Tax Foreclosed Properties FY1993, 94, 95KODIAK ISLAND BOROUGH
ORDINANCE NO. 98 -22
Introduced by: Mayor Selby
Requested by: Resource Manager
Drafted by: Resource Manager
Introduced: 07/16/98
Public Hearing: 08/06/98
Adopted: 08/06/98
AN ORDINANCE DETERMINING THE DISPOSITION OF TAX FORECLOSED
PROPERTIES FOR TAX YEARS 1993, 1994, AND 1995
WHEREAS, the Kodiak Island Borough has acquired a list of real properties by the tax
foreclosure procedure from the 1993, 1994 and 1995 tax period; and
WHEREAS, Alaska Statutes (AS) 29.45.460 Disposition and sale of foreclosed
property states:
(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; and
WHEREAS, Kodiak Island Borough Code (KIBC) 18.10.030 Review states:
Upon acquisition of any real property, including real property acquired by tax
foreclosure, but excluding real property acquired for a specific purpose or project, the
planning commission shall review the newly acquired land and make recommendations
as to whether all or any portion of the land should be devoted to public use, reserved
for future use to meet projected borough requirements, or made available for sale,
lease or other disposition in conformance with the borough comprehensive land use
plan. The mayor shall review the planning commission action and make
recommendations to the assembly; and
WHEREAS, AS 29.45.480 Proceeds of Tax Sale states:
(b) if tax - foreclosed real property that has been held by a municipality for less
than ten years after the close of the redemption period and never designated for a
public purpose is sold at a tax foreclosure sale, the former record owner is entitled to
the portion of the proceeds of the sale that exceeds the amount of unpaid taxes, the
amount equal to taxes that would have been assessed and levied after foreclosure if
the property had continued in private ownership, penalty, interest, and costs to the
municipality of foreclosing and selling the property, and costs to the municipality of
maintaining and managing the property that exceeds amounts received by the
municipality for the use of the property; and
Kodiak Island Borough, Alaska Ordinance No. 98 -22
Page 1 of 5
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed
the list of tax foreclosed properties, has conducted a public hearing, and has
recommended to the assembly the manner of disposition said parcels; and
WHEREAS, KIBC 18.20.040 states that the assembly, by ordinance, shall provide for
the disposition or sale of tax foreclosed land, including the retention of such property
by the borough for a public purpose, in accordance with state statutes; and
WHEREAS, KIBC 18.20.120 states that the assembly may authorize the disposal of
Kodiak Island Borough real property by direct negotiations; and
WHEREAS, the properties listed as part of this ordinance marked with an asterisk are
not required for any public purpose and are to be sold at the next Kodiak Island
Borough land sale; and
WHEREAS, the properties listed as part of this ordinance and not marked with an
asterisk are declared and retained for public purpose in accordance with AS
29.45.460; and
WHEREAS, representatives of the United States Fish & Wildlife Service (USFWS) have
expressed a desire to re- acquire these former Refuge properties for inclusion back into
the Kodiak National Wildlife Refuge (KNWR); and
WHEREAS, the foreclosed parcels returned to the Refuge are useful for purposes of
public recreation and habitat protection that are public property uses beneficial to the
Kodiak Island Borough; and
WHEREAS, the former record owners of the tax foreclosed properties acquired by the
USFWS may be entitled to a portion of the proceeds of any contemplated sale
consistent with the spirit and intent of AS 29.45.480(b);
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is not of a general application and shall not be codified.
Section 2: Those properties marked with an asterisk are not required for any public
purpose and shall be sold at the next public land offering. The terms of
sale shall be determined by a resolution of the assembly. The proceeds
of sale shall be distributed as required by AS 29.45.480(b).
Section 3: The 1993, 1994, and 1995 tax foreclosed properties not marked with an
asterisk shall be retained for the purposes of public recreation, managed
as refuge for wildlife, and disposed to the United States Fish & Wildlife
Service for inclusion into the Kodiak National Wildlife Refuge.
Kodiak Island Borough, Alaska Ordinance No. 98 -22
Page 2 of 5
Section 4: The mayor, or designee, is directed to negotiate a sale or trade of public
purpose parcels to the United States Fish & Wildlife Service for fair
market value. The proceeds of any sale shall be distributed in the same
manner as the proceeds of a tax sale under AS 29.45.0480(b).
Section 5: The mayor, or designee, is authorized to sign any and all documents to
effectuate a sale to the United States Fish & Wildlife Service.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF AUGUST, 1998
Anna F. Smith, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
M. Selby, Borough Mayo
Jer
Gary L Steven Presi ing"
ficer
Kodiak Island Borough, Alaska Ordinance No. 98 -22
Page 3 of 5
PARCELS NOT REQUIRED FOR ANY PUBLIC PURPOSE AND TO BE SOLD AT FUTURE
LAND SALE:
*Valerie Anderson 93 -01
P.O. Box 1, Larsen Bay AK 99624
C/O Stella Aga, P.O. Box 875501 Wasilla, AK 99687
R5302903205 (TL 32 -05 Sec. 32, T3OS R29W SM)
SW1 /4NW1/4SE1/4 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).
*Geraldine McRae 93 -13
2815 Woody Way, Kodiak, AK 99615
P.O. Box 8548, Kodiak, AK 99615
R5302803101 (TL 31 -01 Sec 31, T3OS R28W SM)
ALL OF GOVERNMENT LOT FOUR (4) EXCEPT THE WEST 625 FEET, WITHIN
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 28 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.
*Sophie Katelnikoff 94 -04
P.O. Box 82
Larsen Bay, AK 99624
R5312901405 (TL 14 -05 Sec 13 & 14, T31S R29W SM)
W1 /2NW1 /4SW1 /4NW1 /4 SECTION 13 AND NE1 /4SE1 /4NE1 /4; FRACTIONAL
NW1 /4SE1 /4NE1 /4 SECTION 14, TOWNSHIP 31 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)).
*Gary Christensen 95 -03
3303 NW 73rd
Seattle, WA 98117
Lot Four (4), Block Seven (7) Monashka Bay Alaska Subdivision according to
Plat 68 -08, filed in the Kodiak Recording District, Third Judicial District, State of
Alaska. Except the Westerly Twenty (20) feet in width thereof conveyed
to the Kodiak Island Borough by instrument recorded October 21, 1982, in
Book 58, Page 323.
Kodiak Island Borough, Alaska Ordinance No. 98 -22
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PARCELS RETAINED FOR PUBLIC RECREATION AND /OR REFUGE FOR WILDLIFE
Joseph Katelnikoff 93 -10
P.O. Box 103
Larsen Bay, AK 99615
R5312800511 (TL 5 -1 1 Sec.5 T31 S R28W SM)
NE1 /4SE1 /4SE1 /4 OF PROTRACTED SECTION 5, TOWNSHIP 31 SOUTH, RANGE 28
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)).
Thomas Kohler 93 -12
P.O. Box 1417
Sitka, AK 99835
R5302802001 (TL 20 -01 Sec. 20, T3OS R28W SM)
FRACTIONAL S1 /2NW1 /4NW1 /4 SECTION 20, TOWNSHIP 30 SOUTH, RANGE 28
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)).
Clyde Christensen 95 -02
P.O. Box 37
Larsen Bay, AK 99624
R5312901001 (TL 10 -01, Sec 10, T31S R29W SM)
N 1/2 SE 1/4 SW 1/4 OF PROTRACTED SECTION 10, TOWNSHIP 31 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. 98 -22
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