Trust Land Office 2013 Winter Land Sale
Trust Land Office 2013 Winter Land Sale TABLE OF CONTENTS 1. General Information 2. Sale Schedule 3. Sealed Bid Procedure 4. Responding to the Intent to Award Notification 5. Purchase Information 6. Conditions of Purchase 7. Appeal Process 8. Errata Information 9. TLO's Right to Withdraw Parcels or Cancel Sale 10. Contacts 11. Forms
1. General Information Welcome to the Alaska Mental Health Trust Land Office (TLO) 2013 Winter Land Sale website. The purpose of this information is to:
Describe the TLO's land sale procedures and schedule; Provide information regarding conditions of sale; Illustrate the location of the parcels; and Advertise minimum bids for the parcels.
The TLO is offering approximately 37 parcels in the TLO 2013 Winter Land Sale on behalf of the Alaska Mental Health Trust Authority (The Trust). All parcels will be sold by sealed competitive bid. The TLO strongly urges anyone wishing to purchase a parcel to first review and read all information provided here and to personally inspect the land before submitting a bid. The land chosen by a bidder is taken "AS-IS" and "WHERE-IS" with no guarantees, expressed or implied, as to its suitability for any intended use. The submission of a bid constitutes acceptance of the parcel "AS-IS" and "WHERE-IS".
The parcels are located in the following areas: SOUTHEAST ALASKA
Edna Bay: Edna Bay Subdivision Hollis: Clark Bay Terminal Subdivision Meyers Chuck: Meyers Chuck Subdvision Petersburg: Falls Creek Subdivision Sitka: Middle Island Subdivision Wrangell: Wrangell Island West Subdivision Wrangell: Olive Cove Subdivision Wrangell: Thoms Place Subdivision
SOUTHCENTRAL ALASKA
Cordova: Saddle Point Subdivision Kachemak Bay: Little Tutka Bay Kodiak: Isthmus Cove Nikiski: Island Lake Subdivision Moose Pass: Trail Lake Group Homesites Talkeetna: Chase II Alaska Subdivision
NORTHERN ALASKA
Ester: Aspenwood Subdivision Delta Junction: Greely Subdivision Delta Junction: West Addition Delta Junction Townsite Two Rivers: Horseshoe Downs Subdivision
The TLO attempts to have parcel locations identified on the ground. In many cases, parcel corners have been approximately located and marked with flagging tape. Bright yellow signs advertise the sale and list the subdivision, lot, and block. When possible, signs are placed in the approximate middle of the parcels. The TLO 2013 Winter Land Sale website is intended for informational purposes only and does not constitute an offer to sell. It is possible that modifications of this information may need to be made after initial posting. A Corrections Page will be published to this website. It is the bidder's responsibility to be aware of any changes or correctionsprior to submitting a bid.
2. Sale Schedule TLO 2013 Winter Land Sale Bid Acceptance Period:
8:30 a.m., December 20, 2013 through 4:00 p.m., March 21, 2014. TLO 2013 Winter Land Sale Bid Opening: 10:00 a.m., March 26, 2014 at the Trust Land Office located at 2600 Cordova Street, Suite 100 in Anchorage, Alaska. TLO 2013 Winter Land Sale Award Notifications will be mailed to the Apparent High Bidder within one week of the Bid Opening.
3. Sealed Bid Procedures The parcels will be sold and tentatively awarded to the highest qualified bidder (described below) after submission of sealed bids to the TLO. The minimum bid for each parcel is shown in the parcel description portion of this website. Each bid shall include a cashier's check, money order or a completed TLO credit card voucher form made out to the Trust Land Office for at least five percent (5%) of the bid amount. Bidder Qualifications
To be a qualified bidder to purchase Trust lands, an individual must be at least 18 years of age on or before the date of the auction, not have defaulted on a Trust land sale contract in the past three years, and be current on payments on any Trust land sale contract. Two or more individuals may jointly submit a single bid; however, each bidder must be qualified. Successful bidders' names will carry forward to the purchase agreement or quitclaim deed; no names will be added or removed before the purchase agreement is executed. Upon approval by the TLO, additional names may be added through a purchase assignment and a $300.00 transaction fee. A bidder does not have to be an Alaska resident or Alaska corporation to bid on Trust parcels. Bidders may bid on and acquire more than one Trust parcel. Corporations may purchase Trust land, but proof of corporate status and signatory authority by the person submitting the bid must be provided with subsequent documents. You may not attempt to influence bidding by others, conspire with other bidders to reduce the price of a parcel, or otherwise act to defeat an open, fair-market bidding process. Bidders found colluding to reduce the purchase price will lose their bid deposits and be prosecuted to the full extent of the law under AS 38.05.950. An employee or contractor of a State agency or other instrumentality of the State, who gains knowledge of the disposal area at State expense, or is in a position to obtain inside information about the disposal process may not file a sealed bid for an auction within thefinal 15 days of the bid acceptance period (11 AAC 67.005(c)). The TLO does not offer a Veteran's discount for Trust land sales (AS 38.05.940) per regulations adopted under 11 AAC 99.040(c). Offering discounted land sales is
inconsistent with The Trust principle requiring Trust land to be managed for maximization of long-term revenue to The Trust. Provisions of law applicable to other State land that appear to be in conflict with the management of Trust land under Trust principles as described in the Alaska Mental Health Enabling Act (P.L. 84-830, 670 Stat. 709 (1956)) are inconsistent with Trust land sales and do not apply. Bid Submittals
Sealed bids will be accepted by the TLO, located at 2600 Cordova Street, Suite 100, Anchorage, Alaska 99503, between 8:30 a.m. on December 20, 2013 and 4:00 p.m. on March 21, 2014. Bids received after the designated closing date and time will not be accepted and will be returned. Improperly submitted bids will be rejected. Please make cashiers checks and money orders payable to: Trust Land Office. No personal or two-party checks will be accepted. Do not send cash. Each bid must include the following in the inner bid envelope: 1. A completed TLO 2013 Winter Land Sale Bid Response Form (copies of the form are acceptable) which must contain the Bidder's original signature(s); and 2. A bid deposit in the form of a cashier's check, money order, or the TLO credit card voucher sufficient to cover the five percent (5%) bid deposit. Each bid packet must be submitted in a separate, sealed envelope within an outer envelope address to the Trust Land Office, 2600 Cordova Street, Suite 100, Anchorage, AK 99503. The inner envelope containing the Bid Response Form and bid deposit shall be clearly marked with the following information: TLO 2013 Winter Land Sale Bidder's Name_______________________ Parcel Number_______________________ Phone Number_______________________ Address and mail the outer envelope to: Alaska Mental Health Trust Land Office 2600 Cordova Street, Suite 100 Anchorage, AK 99503 More than one bid packet can be mailed within the outer envelope. Note: The TLO is not responsible for opening improperly marked bid envelopes. All
bid envelopes will be date and time stamped upon receipt. Successful bids are not transferable to another party without the express written consent of the TLO and payment of an assignment fee. Sealed bids and all bid information will be confidential and stored in a locked safe until the bid opening. A bidder may withdraw a bid before the bid opening date. To withdraw a bid, the bidder must do so in person or through an agent with properly executed power of attorney; in either case identification must be presented. A bid may be withdrawn until 8:30 a.m. on the bid opening date, March 26, 2014. Please note: If you are the apparent high bidder but decline to purchase the parcel, you will forfeit the bid deposit equal to 5% of your bid amount. Bid Opening/Apparent High Bidder Notification Procedures
1. The bid opening for the TLO 2013 Winter Land Sale will begin at 10:00 a.m. on Wednesday, March 26, 2014, in the TLO Conference Room, 2600 Cordova Street, Suite 100, Anchorage, Alaska. Attendance at the opening is not required, but the public is welcome to attend. Doors open at 9:45 a.m. 2. Bids will be opened in an order determined by the number of bids received. The parcel having the most bids will be opened first. Where an equal number of bids are received for more than one parcel, bids for the parcel with the lowest parcel number will be opened first. 3. The eligible bidder who submitted a properly completed Bid Response Form with sufficient payment having the highest bid amount will be named the apparent high bidder; if the bid envelope and Bid Response Form list different parcel numbers, the Bid Response Form will take precedence. 4. If there are two or more identical high bids for a parcel, the apparent high bidder will be determined by the earliest day received demonstrated by the TLO date stamp (not the postmark) on the sealed-bid envelope. If the receipt date is also identical, then the apparent high bidder will be determined by lottery. 5. Following the auction, a list of apparent high bidders will be posted on the TLO website. Apparent high bidders will be notified by certified mail. 6. If an apparent high bidder declines to purchase the parcel or otherwise fails to comply with the requirements under Section 4. Responding to the Intent to Award Notification before the deadline, the bidder forfeits the bid deposit and any rights to the parcel and is required to complete a Bid Relinquishment Form to release their obligations. The second highest bidder will then be given the opportunity to purchase the parcel. 7. Unsuccessful bidders' deposits will be returned by certified mail. No interest will be paid on the bid deposit while it is in the possession of the TLO. 8. Bidders are responsible for keeping the TLO informed of their current address. The bid is subject to rejection if the TLO is unable to contact the bidder listed on the Bid Response Form.
4. Responding to the Intent to Award Notification Approximately one week after the bid opening, apparent high bidders will be notified of the award by certified mail. The notification will include an Intent to Award letter and a Declaration of Intent Form for the purchaser to complete. The TLO must receive a completed Declaration of Intent Form with payment within 30 days of the mailing of the Intent to Award notification. Responses must include the following: For TLO financing:
$500 processing fee; Additional payment to bring the total down payment to 10% of the purchase price; and Completed Declaration of Intent Form.
After these items are received by the TLO, a sale contract will be issued to the purchaser. For payoff:
$500 processing fee; payoff amount; and completed Declaration of Intent Form.
After these items are received by the TLO, a quitclaim deed will be issued to the purchaser.
5. Purchase Information All purchasers, whether financing through the TLO or not, will pay a processing fee of $500 at the time the Declaration of Intent is submitted. Purchasers may elect to either make a lump sum payment for payoff or use TLO financing. Bidders that select TLO financing:
Payment of additional funds to bring the down payment to 10% of the purchase price, plus the processing fee of $500.
Bidders that select to purchase a parcel with a one time payment:
Payment in full, plus the processing fee of $500.
Personal checks or credit cards may be used for the payments submitted with the Declaration of Intent. If a personal check is returned for non-sufficient funds, the purchaser will forfeit the original 5% bid deposit and lose the opportunity to purchase the parcel. The TLO's policy is to issue a contract or quitclaim deed after the check has
cleared. If a cashier's check, money order, or credit card is used, processing may be initiated sooner. Purchase by Contract
The Purchaser may elect to have monthly, quarterly, or annual payments. The first payment under a monthly payment schedule will be due within 30 days of the effective date of the contract. The first payment under a quarterly payment schedule will be due three months after the effective date of the contract. The first payment under an annual contract will be due 12 months after the effective date of the contract. Principal and interest payments will be set on a level-payment basis over a period of not more than 20 years according to the following financed principal amounts:
$2,000 to $9,999.99, not more than 5 years; $10,000 to $14,999.99, not more than 10 years; $15,000 to $19,999.99, not more than 15 years; or $20,000 or more, not more than 20 years.
Every land sale contract requires a payment of at least $100 of principal each year. Interest charged on the unpaid balance is fixed throughout the term of the contract and will be calculated based on the prime rate as reported in the Wall Street Journal on the first business day of the month in which the contract is sent to the Purchaser, plus three percent (3%). Interest begins to accrue on the effective date shown on the face of the signed contract. Payments must be made in advance of the due date. There is no prepayment penalty, but payments made more than 30 days in advance of the due date are considered to beadditional payments, and the regular payment will still be required unless the TLO is specifically notified in writing. Late charges are described in the land sale contract. There is no fee for early payoff of the contract. Payments are due whether or not the buyer receives a Courtesy Billing Notice from the Department of Natural Resources on behalf of the TLO. The TLO reserves the right to direct payments to a bank of its choice in the future. Purchasers using TLO financing will be responsible for paying any potential bank service fees in the future. The TLO will not subordinate its interest to lenders providing construction loans; therefore the Purchaser must either payoff the TLO prior to obtaining further loans or ensure the TLO is always in first position, ahead of all other loans. Persons Ineligible for TLO Financing
In some cases the TLO will not offer financing to a purchaser. The circumstances under which a purchaser is ineligible to finance through the TLO are as follows:
1. A purchase contract or lease was administratively foreclosed for cause within the past three years; or 2. A purchase contract or lease is currently in default, in which case the purchaser is ineligible until the amount in default is paid in full. The TLO has the right to review situations on a case-by-case basis and waive the above requirements.
6. Conditions of Purchase Quitclaim / AS-IS, WHERE-IS Purchase
Alaska Mental Health Trust Land was conveyed by the State of Alaska to the Alaska Mental Health Trust Authority by quitclaim deed, conveying The Trust all rights and title that the State had in the conveyed estate. The TLO does not warrant title. In addition, the Alaska Mental Health Trust reserves the mineral estate to The Trust. Purchasers are welcome to acquire title insurance at their expense. If for any reason the underlying State of Alaska title is not valid, all money paid to purchase the land will be refunded. The Trust has no further liability to the Purchaser for the termination of the contract. These parcels are of varying quality. It is strongly suggested that prior to bidding all prospective purchasers personally examine the parcels in which they are interested to determine if the land will meet their needs and desires. The Trust does not guarantee the condition or usefulness of the land offered. Parcels are sold "AS-IS WHERE-IS" via quitclaim deed with all faults, and in the condition as of the date of the sale with no guarantees, expressed or implied, as to suitability or fitness for any intended use, availability of water, or for any other reason whatsoever. All purchasers have the responsibility to inspect the parcels and become thoroughly acquainted with the parcel's condition. The purchaser's submission of the bid constitutes acceptance of the parcel "AS-IS WHERE-IS". The purchaser is responsible for correctly locating the parcel. The TLO suggests that purchasers contract with a registered surveyor to locate the exact property boundaries. Inaccurate location of parcel boundaries by the purchaser is not justification for alteration of the parcel boundaries, does not vest any preference right to the land improperly entered, and may result in prosecution for trespass. All maps shown in the TLO 2013 Winter Land Sale website are intended to provide a graphic illustration of the parcels and should only be used for general location purposes. Access
The Trust makes no representations or warranty that it will construct or maintain access to any parcel. Some parcels being offered are not road accessible; however, legal access
may exist along a surveyed section line or a platted right-of-way. The Trust has no legal obligation to build roads to any parcel. The location of legal access to a specific subdivision may be obtained from the DNR Public Information Centers. Please note that rights-of-way shown on subdivision maps designate areas reserved for road construction and access but do not necessarily indicate the existence of a constructed road. Homeowner's Associations
If a subdivision has an incorporated Homeowner's Association, subsequent owners of parcels automatically become members. A Homeowner's Association has generally established its by-laws to assess lots within the subdivision for the costs of capital improvements and maintenance. To find out if a subdivision has an active, incorporated Homeowner's Association, contact the Department of Commerce and Economic Development, Division of Corporations, Business, and Professional Licensing at 907465-2974 or on-line at http://commerce.alaska.gov/dnn/cbpl/Home.aspx by using the 'Search Corporation Database' feature and the name of the subdivision. Reservations/Existing Encumbrances
All parcels in the TLO 2013 Winter Land Sale are subject to all platted and valid existing easements and reservations. The subdivision plats or survey for the offered parcels may impose restrictions not listed on this website. Parcels are subject to rights-of-way, easements, setbacks, roads, trails, plat notes, and other restrictions. It is the Bidders responsibility to fully review the recorded subdivision plat or survey available at any of the DNR Public Information Centers listed in Section 10 and on the DNR website: http://dnr.alaska.gov/Landrecords/. Subdivision plats or surveys may be obtained from the DNR Public Information Centers; charges may apply. As noted above, The Trust reserves the mineral estate. The TLO may identify some of the types of encumbrances that may be recorded on the survey plat or reserved by the United States, State of Alaska, or TLO in the parcel descriptions. It is the responsibility of the Bidder to review recorded plats/maps, surveys, and plat notes for specific information on easements, building setbacks, or other restrictions that may affect any parcel prior to submitting a bid. Surface and Subsurface Resources
Except to the extent reasonably necessary to construct buildings and improvements on the parcel (or without prior written consent by the TLO), purchasers are not permitted to remove or sell from the parcel any surface resource such as timber, stone, gravel, sand, top soil, or any other material valuable for commercial or off-site purposes until a quitclaim deed is conveyed to the purchaser. As stated previously, The Trust reserves the mineral estate to all parcels. The commercial sale of timber in violation of this restriction is strictly prohibited and will be prosecuted to the full extent of the law.
Wetlands
Some Trust parcels may contain wetlands. Purchasers are responsible for obtaining any necessary permits from the U.S. Army Corps of Engineers prior to construction activities in wetlands. Improvements
It is the responsibility of the purchaser to properly locate improvements within the parcel. No improvements may be constructed within platted easements or rights of ways. It is the purchaser's responsibility to obtain all necessary authorizations from federal, state, or local agencies prior to constructing any improvements. Taxes
Property offered by The Trust is subject to taxes and assessments levied by local taxing authorities. After a land sale contract or quitclaim deed has been executed, the purchaser is liable for all taxes and assessments. Sewer and Water
No individual water supply system or sewage disposal system shall be permitted on any lot unless such system is located, constructed, and equipped in accordance with the requirements of the Alaska Department of Environmental Conservation (ADEC). Many of the subdivisions included in this offering have some restrictions on the types of sewage disposal systems allowed. For more information regarding a particular subdivision or lot, please refer to the subdivision and survey plats and contact the appropriate office ofADEC. Eagle Nesting Sites
Federal law prohibits any disturbance of bald eagles or their nests and the U.S. Fish and Wildlife Service (USFWS) enforces this law. The USFWS has rules and regulations for construction and building activities near nesting sites. If there is an eagle nest on or near the parcel, please consult the USFWS concerning eagle nesting sites: http://alaska.fws.gov/eaglepermit/index.htm. Please direct all eagle or eagle nest inquires to the USFWS at (907) 786-3375.
7. Appeal Process If a bidder believes there have been any irregularities in the bidding process, or wishes to appeal a TLO decision regarding the bid process or an award, the bidder may file an appeal. The written appeal must be received by the TLO within 20 days of the decision or action. The appeal must specify the reason for the appeal and why an alternate decision or action is consistent with Trust Land Management Regulations (11 AAC 99).
8. Errata Information The TLO reserves the right to modify information posted on this website at any time without prior notice. Bidders shall be bound by the most current land sale terms and conditions at the time an offer is received. The policies, procedures, terms, and
conditions posted on this website are intended for information purposes only and do not constitute an offer to sell. It is possible that this website may be modified after initial posting. It is the Bidder's responsibility to check with the TLO for any changes or corrections prior to mailing and submitting a bid. Click here to view the Corrections Page.
9. TLO's Right to Withdraw Parcels or Cancel Auction To protect the interest of The Trust, the TLO reserves the right to postpone or cancel any land offering. Individual parcels may be withdrawn from the sale process at any time prior to the TLO signing the final conveyance document. In the event that the TLO cancels a land offering, all fees and deposits paid to the TLO will be reimbursed to the bidder within 30 days.
10. Contacts Alaska Mental Health Trust Land Office 2600 Cordova Street, Suite 100 Anchorage, AK 99503 Phone: (907) 269-8658 Fax: (907) 269-8905 Website: www.mhtrustland.org Alaska Department of Natural Resources: Southcentral Region Public Information Center 550 West 7th Avenue, Suite 1260 Anchorage, AK 99501 Phone: (907) 269-8400 Northern Region Public Information Center 3700 Airport Way Fairbanks, AK 99709 Phone: (907) 451-2705 Southeast Region Information Office 400 Willoughby Avenue, 4th Floor Juneau, AK 99801 Phone: (907) 465-3400
11. Forms
TLO 2013 Winter Land Sale Bid Response Form (two pages). TLO 2013 Winter Land Sale Credit Card Voucher Form (one page).
The forms are in PDF format and require Adobe Acrobat Reader for viewing. Acrobat Reader software may be downloaded for free from Adobe Systems, Inc.
1. General Information Welcome to the Alaska Mental Health Trust Land Office (TLO) 2013 Winter Land Sale website. The purpose of this information is to:
Describe the TLO's land sale procedures and schedule; Provide information regarding conditions of sale; Illustrate the location of the parcels; and Advertise minimum bids for the parcels.
The TLO is offering approximately 37 parcels in the TLO 2013 Winter Land Sale on behalf of the Alaska Mental Health Trust Authority (The Trust). All parcels will be sold by sealed competitive bid. The TLO strongly urges anyone wishing to purchase a parcel to first review and read all information provided here and to personally inspect the land before submitting a bid. The land chosen by a bidder is taken "AS-IS" and "WHERE-IS" with no guarantees, expressed or implied, as to its suitability for any intended use. The submission of a bid constitutes acceptance of the parcel "AS-IS" and "WHERE-IS".
The parcels are located in the following areas: SOUTHEAST ALASKA
Edna Bay: Edna Bay Subdivision Hollis: Clark Bay Terminal Subdivision Meyers Chuck: Meyers Chuck Subdvision Petersburg: Falls Creek Subdivision Sitka: Middle Island Subdivision Wrangell: Wrangell Island West Subdivision Wrangell: Olive Cove Subdivision Wrangell: Thoms Place Subdivision
SOUTHCENTRAL ALASKA
Cordova: Saddle Point Subdivision Kachemak Bay: Little Tutka Bay Kodiak: Isthmus Cove Nikiski: Island Lake Subdivision Moose Pass: Trail Lake Group Homesites Talkeetna: Chase II Alaska Subdivision
NORTHERN ALASKA
Ester: Aspenwood Subdivision Delta Junction: Greely Subdivision Delta Junction: West Addition Delta Junction Townsite Two Rivers: Horseshoe Downs Subdivision
The TLO attempts to have parcel locations identified on the ground. In many cases, parcel corners have been approximately located and marked with flagging tape. Bright yellow signs advertise the sale and list the subdivision, lot, and block. When possible, signs are placed in the approximate middle of the parcels. The TLO 2013 Winter Land Sale website is intended for informational purposes only and does not constitute an offer to sell. It is possible that modifications of this information may need to be made after initial posting. A Corrections Page will be published to this website. It is the bidder's responsibility to be aware of any changes or correctionsprior to submitting a bid.
2. Sale Schedule TLO 2013 Winter Land Sale Bid Acceptance Period:
8:30 a.m., December 20, 2013 through 4:00 p.m., March 21, 2014. TLO 2013 Winter Land Sale Bid Opening: 10:00 a.m., March 26, 2014 at the Trust Land Office located at 2600 Cordova Street, Suite 100 in Anchorage, Alaska. TLO 2013 Winter Land Sale Award Notifications will be mailed to the Apparent High Bidder within one week of the Bid Opening.
3. Sealed Bid Procedures The parcels will be sold and tentatively awarded to the highest qualified bidder (described below) after submission of sealed bids to the TLO. The minimum bid for each parcel is shown in the parcel description portion of this website. Each bid shall include a cashier's check, money order or a completed TLO credit card voucher form made out to the Trust Land Office for at least five percent (5%) of the bid amount. Bidder Qualifications
To be a qualified bidder to purchase Trust lands, an individual must be at least 18 years of age on or before the date of the auction, not have defaulted on a Trust land sale contract in the past three years, and be current on payments on any Trust land sale contract. Two or more individuals may jointly submit a single bid; however, each bidder must be qualified. Successful bidders' names will carry forward to the purchase agreement or quitclaim deed; no names will be added or removed before the purchase agreement is executed. Upon approval by the TLO, additional names may be added through a purchase assignment and a $300.00 transaction fee. A bidder does not have to be an Alaska resident or Alaska corporation to bid on Trust parcels. Bidders may bid on and acquire more than one Trust parcel. Corporations may purchase Trust land, but proof of corporate status and signatory authority by the person submitting the bid must be provided with subsequent documents. You may not attempt to influence bidding by others, conspire with other bidders to reduce the price of a parcel, or otherwise act to defeat an open, fair-market bidding process. Bidders found colluding to reduce the purchase price will lose their bid deposits and be prosecuted to the full extent of the law under AS 38.05.950. An employee or contractor of a State agency or other instrumentality of the State, who gains knowledge of the disposal area at State expense, or is in a position to obtain inside information about the disposal process may not file a sealed bid for an auction within thefinal 15 days of the bid acceptance period (11 AAC 67.005(c)). The TLO does not offer a Veteran's discount for Trust land sales (AS 38.05.940) per regulations adopted under 11 AAC 99.040(c). Offering discounted land sales is
inconsistent with The Trust principle requiring Trust land to be managed for maximization of long-term revenue to The Trust. Provisions of law applicable to other State land that appear to be in conflict with the management of Trust land under Trust principles as described in the Alaska Mental Health Enabling Act (P.L. 84-830, 670 Stat. 709 (1956)) are inconsistent with Trust land sales and do not apply. Bid Submittals
Sealed bids will be accepted by the TLO, located at 2600 Cordova Street, Suite 100, Anchorage, Alaska 99503, between 8:30 a.m. on December 20, 2013 and 4:00 p.m. on March 21, 2014. Bids received after the designated closing date and time will not be accepted and will be returned. Improperly submitted bids will be rejected. Please make cashiers checks and money orders payable to: Trust Land Office. No personal or two-party checks will be accepted. Do not send cash. Each bid must include the following in the inner bid envelope: 1. A completed TLO 2013 Winter Land Sale Bid Response Form (copies of the form are acceptable) which must contain the Bidder's original signature(s); and 2. A bid deposit in the form of a cashier's check, money order, or the TLO credit card voucher sufficient to cover the five percent (5%) bid deposit. Each bid packet must be submitted in a separate, sealed envelope within an outer envelope address to the Trust Land Office, 2600 Cordova Street, Suite 100, Anchorage, AK 99503. The inner envelope containing the Bid Response Form and bid deposit shall be clearly marked with the following information: TLO 2013 Winter Land Sale Bidder's Name_______________________ Parcel Number_______________________ Phone Number_______________________ Address and mail the outer envelope to: Alaska Mental Health Trust Land Office 2600 Cordova Street, Suite 100 Anchorage, AK 99503 More than one bid packet can be mailed within the outer envelope. Note: The TLO is not responsible for opening improperly marked bid envelopes. All
bid envelopes will be date and time stamped upon receipt. Successful bids are not transferable to another party without the express written consent of the TLO and payment of an assignment fee. Sealed bids and all bid information will be confidential and stored in a locked safe until the bid opening. A bidder may withdraw a bid before the bid opening date. To withdraw a bid, the bidder must do so in person or through an agent with properly executed power of attorney; in either case identification must be presented. A bid may be withdrawn until 8:30 a.m. on the bid opening date, March 26, 2014. Please note: If you are the apparent high bidder but decline to purchase the parcel, you will forfeit the bid deposit equal to 5% of your bid amount. Bid Opening/Apparent High Bidder Notification Procedures
1. The bid opening for the TLO 2013 Winter Land Sale will begin at 10:00 a.m. on Wednesday, March 26, 2014, in the TLO Conference Room, 2600 Cordova Street, Suite 100, Anchorage, Alaska. Attendance at the opening is not required, but the public is welcome to attend. Doors open at 9:45 a.m. 2. Bids will be opened in an order determined by the number of bids received. The parcel having the most bids will be opened first. Where an equal number of bids are received for more than one parcel, bids for the parcel with the lowest parcel number will be opened first. 3. The eligible bidder who submitted a properly completed Bid Response Form with sufficient payment having the highest bid amount will be named the apparent high bidder; if the bid envelope and Bid Response Form list different parcel numbers, the Bid Response Form will take precedence. 4. If there are two or more identical high bids for a parcel, the apparent high bidder will be determined by the earliest day received demonstrated by the TLO date stamp (not the postmark) on the sealed-bid envelope. If the receipt date is also identical, then the apparent high bidder will be determined by lottery. 5. Following the auction, a list of apparent high bidders will be posted on the TLO website. Apparent high bidders will be notified by certified mail. 6. If an apparent high bidder declines to purchase the parcel or otherwise fails to comply with the requirements under Section 4. Responding to the Intent to Award Notification before the deadline, the bidder forfeits the bid deposit and any rights to the parcel and is required to complete a Bid Relinquishment Form to release their obligations. The second highest bidder will then be given the opportunity to purchase the parcel. 7. Unsuccessful bidders' deposits will be returned by certified mail. No interest will be paid on the bid deposit while it is in the possession of the TLO. 8. Bidders are responsible for keeping the TLO informed of their current address. The bid is subject to rejection if the TLO is unable to contact the bidder listed on the Bid Response Form.
4. Responding to the Intent to Award Notification Approximately one week after the bid opening, apparent high bidders will be notified of the award by certified mail. The notification will include an Intent to Award letter and a Declaration of Intent Form for the purchaser to complete. The TLO must receive a completed Declaration of Intent Form with payment within 30 days of the mailing of the Intent to Award notification. Responses must include the following: For TLO financing:
$500 processing fee; Additional payment to bring the total down payment to 10% of the purchase price; and Completed Declaration of Intent Form.
After these items are received by the TLO, a sale contract will be issued to the purchaser. For payoff:
$500 processing fee; payoff amount; and completed Declaration of Intent Form.
After these items are received by the TLO, a quitclaim deed will be issued to the purchaser.
5. Purchase Information All purchasers, whether financing through the TLO or not, will pay a processing fee of $500 at the time the Declaration of Intent is submitted. Purchasers may elect to either make a lump sum payment for payoff or use TLO financing. Bidders that select TLO financing:
Payment of additional funds to bring the down payment to 10% of the purchase price, plus the processing fee of $500.
Bidders that select to purchase a parcel with a one time payment:
Payment in full, plus the processing fee of $500.
Personal checks or credit cards may be used for the payments submitted with the Declaration of Intent. If a personal check is returned for non-sufficient funds, the purchaser will forfeit the original 5% bid deposit and lose the opportunity to purchase the parcel. The TLO's policy is to issue a contract or quitclaim deed after the check has
cleared. If a cashier's check, money order, or credit card is used, processing may be initiated sooner. Purchase by Contract
The Purchaser may elect to have monthly, quarterly, or annual payments. The first payment under a monthly payment schedule will be due within 30 days of the effective date of the contract. The first payment under a quarterly payment schedule will be due three months after the effective date of the contract. The first payment under an annual contract will be due 12 months after the effective date of the contract. Principal and interest payments will be set on a level-payment basis over a period of not more than 20 years according to the following financed principal amounts:
$2,000 to $9,999.99, not more than 5 years; $10,000 to $14,999.99, not more than 10 years; $15,000 to $19,999.99, not more than 15 years; or $20,000 or more, not more than 20 years.
Every land sale contract requires a payment of at least $100 of principal each year. Interest charged on the unpaid balance is fixed throughout the term of the contract and will be calculated based on the prime rate as reported in the Wall Street Journal on the first business day of the month in which the contract is sent to the Purchaser, plus three percent (3%). Interest begins to accrue on the effective date shown on the face of the signed contract. Payments must be made in advance of the due date. There is no prepayment penalty, but payments made more than 30 days in advance of the due date are considered to beadditional payments, and the regular payment will still be required unless the TLO is specifically notified in writing. Late charges are described in the land sale contract. There is no fee for early payoff of the contract. Payments are due whether or not the buyer receives a Courtesy Billing Notice from the Department of Natural Resources on behalf of the TLO. The TLO reserves the right to direct payments to a bank of its choice in the future. Purchasers using TLO financing will be responsible for paying any potential bank service fees in the future. The TLO will not subordinate its interest to lenders providing construction loans; therefore the Purchaser must either payoff the TLO prior to obtaining further loans or ensure the TLO is always in first position, ahead of all other loans. Persons Ineligible for TLO Financing
In some cases the TLO will not offer financing to a purchaser. The circumstances under which a purchaser is ineligible to finance through the TLO are as follows:
1. A purchase contract or lease was administratively foreclosed for cause within the past three years; or 2. A purchase contract or lease is currently in default, in which case the purchaser is ineligible until the amount in default is paid in full. The TLO has the right to review situations on a case-by-case basis and waive the above requirements.
6. Conditions of Purchase Quitclaim / AS-IS, WHERE-IS Purchase
Alaska Mental Health Trust Land was conveyed by the State of Alaska to the Alaska Mental Health Trust Authority by quitclaim deed, conveying The Trust all rights and title that the State had in the conveyed estate. The TLO does not warrant title. In addition, the Alaska Mental Health Trust reserves the mineral estate to The Trust. Purchasers are welcome to acquire title insurance at their expense. If for any reason the underlying State of Alaska title is not valid, all money paid to purchase the land will be refunded. The Trust has no further liability to the Purchaser for the termination of the contract. These parcels are of varying quality. It is strongly suggested that prior to bidding all prospective purchasers personally examine the parcels in which they are interested to determine if the land will meet their needs and desires. The Trust does not guarantee the condition or usefulness of the land offered. Parcels are sold "AS-IS WHERE-IS" via quitclaim deed with all faults, and in the condition as of the date of the sale with no guarantees, expressed or implied, as to suitability or fitness for any intended use, availability of water, or for any other reason whatsoever. All purchasers have the responsibility to inspect the parcels and become thoroughly acquainted with the parcel's condition. The purchaser's submission of the bid constitutes acceptance of the parcel "AS-IS WHERE-IS". The purchaser is responsible for correctly locating the parcel. The TLO suggests that purchasers contract with a registered surveyor to locate the exact property boundaries. Inaccurate location of parcel boundaries by the purchaser is not justification for alteration of the parcel boundaries, does not vest any preference right to the land improperly entered, and may result in prosecution for trespass. All maps shown in the TLO 2013 Winter Land Sale website are intended to provide a graphic illustration of the parcels and should only be used for general location purposes. Access
The Trust makes no representations or warranty that it will construct or maintain access to any parcel. Some parcels being offered are not road accessible; however, legal access
may exist along a surveyed section line or a platted right-of-way. The Trust has no legal obligation to build roads to any parcel. The location of legal access to a specific subdivision may be obtained from the DNR Public Information Centers. Please note that rights-of-way shown on subdivision maps designate areas reserved for road construction and access but do not necessarily indicate the existence of a constructed road. Homeowner's Associations
If a subdivision has an incorporated Homeowner's Association, subsequent owners of parcels automatically become members. A Homeowner's Association has generally established its by-laws to assess lots within the subdivision for the costs of capital improvements and maintenance. To find out if a subdivision has an active, incorporated Homeowner's Association, contact the Department of Commerce and Economic Development, Division of Corporations, Business, and Professional Licensing at 907465-2974 or on-line at http://commerce.alaska.gov/dnn/cbpl/Home.aspx by using the 'Search Corporation Database' feature and the name of the subdivision. Reservations/Existing Encumbrances
All parcels in the TLO 2013 Winter Land Sale are subject to all platted and valid existing easements and reservations. The subdivision plats or survey for the offered parcels may impose restrictions not listed on this website. Parcels are subject to rights-of-way, easements, setbacks, roads, trails, plat notes, and other restrictions. It is the Bidders responsibility to fully review the recorded subdivision plat or survey available at any of the DNR Public Information Centers listed in Section 10 and on the DNR website: http://dnr.alaska.gov/Landrecords/. Subdivision plats or surveys may be obtained from the DNR Public Information Centers; charges may apply. As noted above, The Trust reserves the mineral estate. The TLO may identify some of the types of encumbrances that may be recorded on the survey plat or reserved by the United States, State of Alaska, or TLO in the parcel descriptions. It is the responsibility of the Bidder to review recorded plats/maps, surveys, and plat notes for specific information on easements, building setbacks, or other restrictions that may affect any parcel prior to submitting a bid. Surface and Subsurface Resources
Except to the extent reasonably necessary to construct buildings and improvements on the parcel (or without prior written consent by the TLO), purchasers are not permitted to remove or sell from the parcel any surface resource such as timber, stone, gravel, sand, top soil, or any other material valuable for commercial or off-site purposes until a quitclaim deed is conveyed to the purchaser. As stated previously, The Trust reserves the mineral estate to all parcels. The commercial sale of timber in violation of this restriction is strictly prohibited and will be prosecuted to the full extent of the law.
Wetlands
Some Trust parcels may contain wetlands. Purchasers are responsible for obtaining any necessary permits from the U.S. Army Corps of Engineers prior to construction activities in wetlands. Improvements
It is the responsibility of the purchaser to properly locate improvements within the parcel. No improvements may be constructed within platted easements or rights of ways. It is the purchaser's responsibility to obtain all necessary authorizations from federal, state, or local agencies prior to constructing any improvements. Taxes
Property offered by The Trust is subject to taxes and assessments levied by local taxing authorities. After a land sale contract or quitclaim deed has been executed, the purchaser is liable for all taxes and assessments. Sewer and Water
No individual water supply system or sewage disposal system shall be permitted on any lot unless such system is located, constructed, and equipped in accordance with the requirements of the Alaska Department of Environmental Conservation (ADEC). Many of the subdivisions included in this offering have some restrictions on the types of sewage disposal systems allowed. For more information regarding a particular subdivision or lot, please refer to the subdivision and survey plats and contact the appropriate office ofADEC. Eagle Nesting Sites
Federal law prohibits any disturbance of bald eagles or their nests and the U.S. Fish and Wildlife Service (USFWS) enforces this law. The USFWS has rules and regulations for construction and building activities near nesting sites. If there is an eagle nest on or near the parcel, please consult the USFWS concerning eagle nesting sites: http://alaska.fws.gov/eaglepermit/index.htm. Please direct all eagle or eagle nest inquires to the USFWS at (907) 786-3375.
7. Appeal Process If a bidder believes there have been any irregularities in the bidding process, or wishes to appeal a TLO decision regarding the bid process or an award, the bidder may file an appeal. The written appeal must be received by the TLO within 20 days of the decision or action. The appeal must specify the reason for the appeal and why an alternate decision or action is consistent with Trust Land Management Regulations (11 AAC 99).
8. Errata Information The TLO reserves the right to modify information posted on this website at any time without prior notice. Bidders shall be bound by the most current land sale terms and conditions at the time an offer is received. The policies, procedures, terms, and
conditions posted on this website are intended for information purposes only and do not constitute an offer to sell. It is possible that this website may be modified after initial posting. It is the Bidder's responsibility to check with the TLO for any changes or corrections prior to mailing and submitting a bid. Click here to view the Corrections Page.
9. TLO's Right to Withdraw Parcels or Cancel Auction To protect the interest of The Trust, the TLO reserves the right to postpone or cancel any land offering. Individual parcels may be withdrawn from the sale process at any time prior to the TLO signing the final conveyance document. In the event that the TLO cancels a land offering, all fees and deposits paid to the TLO will be reimbursed to the bidder within 30 days.
10. Contacts Alaska Mental Health Trust Land Office 2600 Cordova Street, Suite 100 Anchorage, AK 99503 Phone: (907) 269-8658 Fax: (907) 269-8905 Website: www.mhtrustland.org Alaska Department of Natural Resources: Southcentral Region Public Information Center 550 West 7th Avenue, Suite 1260 Anchorage, AK 99501 Phone: (907) 269-8400 Northern Region Public Information Center 3700 Airport Way Fairbanks, AK 99709 Phone: (907) 451-2705 Southeast Region Information Office 400 Willoughby Avenue, 4th Floor Juneau, AK 99801 Phone: (907) 465-3400
11. Forms
TLO 2013 Winter Land Sale Bid Response Form (two pages). TLO 2013 Winter Land Sale Credit Card Voucher Form (one page).
The forms are in PDF format and require Adobe Acrobat Reader for viewing. Acrobat Reader software may be downloaded for free from Adobe Systems, Inc.
