AN ORDINANCE AUTHORIZING RETENTION OR SALE OF CERTAIN REAL PROPERTY OBTAINED BY THE KENAI PENINSULA BOROUGH THROUGH TAX FORECLOSURE PROCEEDINGS

WHEREAS, certain real property has been obtained by the borough through tax foreclosure proceedings pursuant to AS 29.45.290 et seq. for delinquent payment of taxes; and

WHEREAS, said real property has been deeded to the borough through tax foreclosure proceedings; and

WHEREAS, all of the said real property has been held by the borough for one year or more following transfer to the borough; and

WHEREAS, these parcels have been reviewed by the Kenai Peninsula Borough School District, all Kenai Peninsula Borough Administrative Departments, Service Areas, and the Kenai Peninsula Borough Planning Commission; and

WHEREAS, the administration recommends certain parcels be retained for the public purpose;

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. That the following real property is approved, accepted, and hereby designated as foreclosed parcels retained for public purpose with a recommended applicable classification:

SECTION 2. That the following real property, certified by the Kenai Peninsula Borough Finance Director as parcels available for sale, is hereby accepted, approved, and designated as foreclosed parcels for sale as it is determined that a public need for said real property does not exist:

SECTION 3. A. Notice of hearing of this ordinance shall be sent by certified mail to the former record owner(s) of the real properties, which are subject to this ordinance. The notice shall be mailed within five (5) days of the first publication of hearing on this ordinance and shall be sufficient if mailed to the real property owner at the last address of record.

B. 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 the 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 or her last address of record. Upon presentation of a proper claim, the borough shall remit the excess to the former record owner. A claim for the excess which is filed after six (6) months of the date of the sale is forever barred.

SECTION 4. That the assembly authorizes the borough to conduct an outcry auction of the tax foreclosed real property to be held on September 28, 2002 commencing at 12:00 p.m. in the Assembly Chambers, 144 N. Binkley, Soldotna, 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.

SECTION 5. That the borough will execute and deliver to the buyer of any of the sale parcels a tax foreclosure 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 any of 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 of owners, or their assigns or heirs, at any time before the sale.

SECTION 6. That the mayor is hereby authorized to sell the real property designated as foreclosed parcels for sale 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 Borough Finance Director, for cash at a public outcry auction. All real property shall be sold subject to any and all restrictions of record, zoning ordinances, and any and all plat requirements and covenants.

SECTION 7. This ordinance shall take effect immediately upon enactment.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 6TH DAY OF AUGUST, 2002.