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FY2006-06A Amending Sale of Tax Foreclosed Property Terms and ConditionsKODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -06A Introduced by: Requested by: Drafted by: Introduced: Adopted: Manager Gifford Manager Gifford Manager Gifford 10/20/2005 10/20/2005 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2006 -06 APPROVING TERMS AND CONDITIONS FOR SALE OF TAX FORECLOSED PROPERTY AT BOROUGH LAND SALE NUMBER FIFTEEN WHEREAS, certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 et seq. br delinquent payment of taxes; and WHEREAS, by ordinance these parcels were declared not to be of public need and were ordained to be offered for sale at the next Borough land sale; and WHEREAS, the next Borough land sale is scheduled for October 22, 2005 WHEREAS, the United Fish and Wildlife Service (IUSFWS) has expressed an interest in purchasing parcel #30 T3OS R28W TL 1804 Zachar Bay at fair market value from the Borough; and WHEREAS. this parcel was once part of the Kodiak National Wildlife Refuge; and WHEREAS, this type of action was previously discussed and approved in Ordinance No. 95 -05A to allow the USFWS to purchase these type of parcels from the Borough; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: SECTION 1. SECTION 2. SECTION 3. SECTION 4. The real property listed in on page three of this resolution have been certified by the finance department as foreclosed parcels. It has been determined that a public need for said real property #30 on page three of this resolution dees -not may exist; and therefore: has been removed form Land Sale Number Fifteen. The Assembly authorizes the Borough to conduct an outcry auction of the tax foreclosed real property to be held on October 22, 2005 in the Assembly Chambers, 710 Mill Bay Road, Kodiak Alaska, and to cause a public notice to be published in a newspaper of general circulation in the Borough not less than thirty (30) days before the date of the sale. The foreclosed parcels will be sold for an amount not less than the judgment amount for taxes, plus penalties, interest and other related costs as shown in the list of parcels, certified by the finance department at a public outcry auction. Ten percent (10 %) of the minimum bid amount for the property is due upon the signing of a purchase contract. This payment must be in the form of cash, a cashier's check, bank draft, certified check, wire, or any form acceptable to the Borough Finance Director. The remaining amount must be paid within 30 days. These payments must be in the same brm(s) as listed above. Kodiak Island Borough Alaska Resolution No. FY2006 -06A Page 1 of 3 SECTION 5. SECTION 6. SECTION 7. SECTION 8. ATTEST: In the event that any of the parcels are sold for more than the amount of taxes, penalties, interest and other related costs, the Borough Finance Director shall provide written notice to the former record owner of the real property advising of the amount of excess and the manner in which a claim for the balance of the proceeds may be submitted. Notice is sufficient if mailed to the former record owner at his /her last address of record. Upon presentation of a proper claim, the Borough shall remit the excess to the former record of owner. A claim for the excess which is filed after six (6) months of the date of the sale is forever barred. All real property to be sold is subject to any and all restrictions of record, zoning ordinances, and any and all plat requirements and co'anants. The Borough will execute and deliver to the buyer of any of the sale parcels a quitclaim deed without warranty or representation which will convey any and all interest the Borough might have in the real property. Prospective buyers shall be put on notice by this ordinance and by other means of publication in the public notice of the sale that the Borough does not vouch for its rights, title or interest in anyof the properties to be sold; and the prospective buyers are put on notice that the Borough shall be held harmless from any and all claims regarding title or possession to any of the properties on the list of real property to be sold. The prospective buyers shall also be advised in the public notice that the Borough reserves the right to withdraw any or all of the parcels listed for sale and that, pursuant to law, any or all of the real property listed for sale may be repurchased by the record owners, or their assigns or heirs, at any time before the sale. This resolution shall take effect immediately upon enactment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF OCTOBER 2005 KODIAK ISLAND BOROUGH Judith A. Nielsen, CMC, Borou h Clerk J ome M. Selby, Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -06A Page 2 of 3 DESCRIPTION OF LAND LEGAL DESCRIPTION 1 MONASHKA BAY BK 1 LT 12A 2 KOOIAK TWNST BK 3 E PTN LT 8 3 USS 3218 LT E -2A MILL BAY RD 4 PAULS LT 1 /EAST ADD BK 35A LT 1 5 PAULS LT 2/EAST ADD BK 35A LT 2 6 ISLAND LAKE BK 2 LT 2 7 8 HOLLAND AC 2ND TR PA 9 ISLAND LAKE BK 2 LT 10 10 ISLAND LAKE BK 2 LT 11 11 MILLER PT BK 4 LT 1 12 MILLER PT 1ST BK 2 PTN LT 1 13 MILLERPTISTBK2LT2 14 MILLER PT BK 3 LT 4A -2 ROAD 15 T3OS R29W TL 3004 LARSEN BAY 16 T3OS R29W TL 3201 UYAK BAY 17 T308 R29W TL 2901 UYAK BAY 18 T3OS R29W TL 2903 UYAK BAY 19 T308 R29W TL 3003 LARSEN BAY 20 730S-R29W TL 3601 UYAK BAY 21 T31S R29W TL 101 AMOOK ISLAND 22 T305 R28W TL 3101 UYAK BAY 23 24 T31S R29W TL 1405 AMOOK ISLAND 25 SUNNY COVE LT 19 26 OLD HARBOR TR A BK 2 LT 1A 27 T305 R29W TL 3205 UYAK BAY 28 29 AKHIOK BK 13A LT 5A 30 31 T31S R29W TL 1203 AMOOK ISLAND 32 T31S R29W TL 1404 AMOOK ISLAND 33 T31S R29W TL 3602 AMOOK ISLAND 34 T31S R3OW TL 303 UYAK BAY SIZE GENERAL LOCATION PROP MINIMUM ACRES PHYSICAL ADDRESS USE OFFER SYSTEM PARCELS 1.27 2887 BAY VIEW DR VAC 0.01 216 MILL BAY RD VAC 1.13 3338 MILL BAY RD BUS 0.18 1116 MISSION RD VAC 0.27 1118 MISSION RD SFR 0.14 3259 PTARMIGAN PASS 1 MHR 044 SFR 2.23 RAVEN CIR VAC 0.14 3147 PTARMIGAN PASS :VAC 0.14 3131 PTARMIGAN PASS :VAC 3.23 3741 OTMELOI WAY VAC 0.66 3128 BALIKA LN ACC 1.24 3174 BALIKA LN VAC 1.07 988 KRAFT WAY ACC REMOTE PARCELS 8 UYAK BAY 10 UYAK BAY 7 UYAK BAY 8 UYAK BAY 10 UYAK BAY 9.5 UYAK BAY 10 UYAK BAY 10 UYAK BAY 6,42 1.72 UYAK BAY 2.13 SPRUCE ISLAND 0.23 SALMONBERRY DR 10 UYAK BAY 048 MOSER -?.4 -K 0.19 AKHIOK 40 UYAK -BAY 10 UYAK BAY 8 UYAK BAY 10 UYAK BAY 10 UYAK BAY VAC VAC VAC VAC VAC VAC VAC VAC FS VAC VAC SFR VAC FS SFR VAC VAC VAC VAC VAC PARCELS 7, 23, & 28 HAVE BEEN REPURCHASED AND REMOVED FROM THE LAND SALE ACCORDING TO BOROUGH CODE 3.20.140(B) 9,244.70 2,192.08 61,955.80 6,352.57 13,556.59 8,599.06 --- 1,954.44 7,524.11 2,793.62 2,593.48 6,503.86 4,593.93 7,246.08 4,533.86 4,400.60 2,906.46 3,157.23 3,691.55 3,176.43 3,579.84 4,218.74 3,390.02 —8,d39.89 857.31 1,733.43 5,617.18 1,042.71 -- -1,945.38 3,583.42 — 4,639.87 1,233.29 1,572.78 1,572.78 1,640.08 Kodiak Island Borough Alaska Resolution No. FY2006 -06A Page 3 of 3