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FY2013-15 Authorizing Terms and Conditions of Land Sale Number Seventeen • Introduced by: Borough Assembly Requested by: Administrative Official 1 Drafted by: Resource Management Officer 2 Introduced: 12106/2012 3 Adopted: 12/06/2012 4 5 • 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2013 -15 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AUTHORIZING TERMS AND CONDITIONS FOR SALE OF A TAX FORECLOSED 11 PROPERTY LEGALLY DESCRIBED AS LOT 17, BLOCK 7, BARANOF HEIGHTS 12 SUBDIVISION 1 ADDITION AT BOROUGH LAND SALE NUMBER SEVENTEEN 13 14 WHEREAS, the Kodiak Island Borough has acquired Lot 17, Block 7, Baranof Heights 15 Subdivision 1 Addition as a result of the tax foreclosure procedure; and 16 17 WHEREAS, the Assembly adopted Ordinance No. FY2013 -05 which determined that a 18 public need does not exist for tax foreclosed Lot 17, Block 7, Baranof Heights Subdivdision 19 1s` Addition and that it be sold; and 20 21 WHEREAS, Ordinance No. FY2013 -05 directed the manager to offer the property by 22 sealed bid auction with the highest bidder taking ownership, and specified terms of sale. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: To be eligible for consideration, all sealed bids must be received in the 28 manager's office by 4;p.m. on January 17, 2013. Bidder is to enclose a 29 10% deposit ($6,650) based on the minimum bid amount shown in the bid 30 packet. This payment must be in the form of cash, a cashier's check, bank 31 draft, certified check, or other form acceptable to the Borough Finance 32 Director. The remaining balance must be paid within thirty (30) days. 33 34 Section 2: This property has been appraised by the Borough Assessor within a fair 35 market value range of $70,000 - $80,000, with a recommendation that the 36 property be offered at the lower end of this range. 37 38 Section 3: The minimum acceptable bid at the auction shall be not less than ninety -five 39 percent (95 %) of the low range of fair market appraised value (not less than 40 $66,500). 41 42 Section 4: If the property is sold for more than the amount of taxes, penalties, interests 43 and other related costs, the Borough Finance Director shall provide written 44 notice to the former record owner of the real property advising of the 45 amount of excess and the manner in which a claim for the balance of the 46 proceeds may be submitted. Notice is sufficient if mailed to the former 47 record owner at his /her last address of record. Upon presentation of a 48 proper claim, the Borough shall remit the excess sale proceeds (as 49 determined by AS 29.45.480(B)) to the former owner of record. A claim for Kodiak Island Borough Resolution No. FY2013 -15 Page 1 of 2 50 the excess which is filed after six (6) months of the date of the sale is 51 forever barred. 52 53 Section 5: The Borough will execute and deliver to the buyer of the property a 54 quitclaim deed without warranty or representation which will convey any 55 and all interest the Borough might have in the real property, free from 56 encumbrances in accordance with AS 29.45.450 but subject to easements, 57 reservations and restrictions of record including zoning ordinances and any 58 plat requirements and convenants. Prospective buyers shall also be 59 advised in the public notice that the Borough reserves the right to withdraw 60 the parcel from sale and that, pursuant to law, the property may be 61 repurchased by the previous record owner, or their assigns or heirs, at any 62 time before the sale. 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS SIXTH DAY OF DECEMBER, 2012 66 67 KODIAK ISLAND BOROUGH 68 69 70 ` / 71 Jer. e M. Selby, Borough Oa or 72 73 ATTE T: 74 76 1111 / F 111, 77 Nova M. Javier, MMC, Borough Clerk • • Kodiak Island Borough Resolution No. FY2013 -15 Page 2 of 2