FY2023-10 Dispose of the Larsen Bay School Property
Kodiak Island Borough, Alaska Ordinance No. FY2023-10
Page 1 of 3
Introduced by: Interim Borough Manager 1
Drafted by: Borough Attorney 2
Introduced on: 11/03/2022 3
Public Hearing Date:11/17/2022 4
Adopted on: 11/17/2022 5
6
KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2023-10 8
9
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 10
THAT IT IS IN THE BOROUGH’S BEST INTERESTS TO DISPOSE OF THE LARSEN BAY 11
SCHOOL PROPERTY LOCATED AT 502 THIRD STREET IN LARSEN BAY BY 12
CONVEYANCE TO THE VILLAGE OF LARSEN BAY WITH CONDITIONS TO 13
ACCOMMODATE A FUTURE SCHOOL LOCATION 14
15
RECITALS 16
17
WHEREAS, the Kodiak Island Borough (Borough) owns Lot Two (2), Block Eleven (11), Larsen 18
Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, 19
Third Judicial District, State of Alaska, (the Property) which is an approximately 2.26 acre parcel 20
containing the now closed Larsen Bay School; and, 21
22
WHEREAS, the Borough originally obtained Block 11, of Tract “A” of U.S. Survey 4872 in July 23
1979 from the Village of Larsen Bay as part of its obligations under Section 14(c)(3) of the Alaska 24
Native Claims Settlement Act to provide lands for municipal facilities and through an agreement 25
between Koniag, Inc, the City of Larsen Bay, the Borough and the Village corporation; and, 26
27
WHEREAS, the conveyance of the land to the Borough was only the surface estate, and was 28
restricted for school purposes. The agreement and the deed further provided for the parcel to 29
revert to the Municipality of Larsen Bay should it cease to be used for school purposes; and, 30
31
WHEREAS, in 1987, the Borough and the City of Larsen Bay conducted a land trade and replat 32
of Block 11, Tract “A,” incorporating a vacated right of way and some City of Larsen Bay property 33
into the school parcel re-platted as Lot 2, Block 11, USS 4872, according to Plat 87-37, and 34
conveying part of Block 11, Tract “A,” which was incorporated into Lot 1, Block 11, USS 4872, 35
according to Plat 87-37, to the City of Larsen Bay; and, 36
37
WHEREAS, the Kodiak Island Borough School District officially closed the Larsen Bay School 38
due to low enrollment, and received confirmation from the State of Alaska of the acceptance of 39
the closure in 2018; and, 40
41
WHEREAS, the Kodiak Island Borough School District has no anticipated need for the Property 42
in the foreseeable future, leaving the Borough responsible for any maintenance; and, 43
44
WHEREAS, the reversionary rights in the Property limit the Borough’s ability to use the Property 45
for uses other than school purposes; and, 46
47
WHEREAS, the Borough has advised the City of Larsen Bay of the school closure and the City 48
of Larsen Bay has requested that the Property be conveyed to the Village of Larsen Bay; and, 49
Kodiak Island Borough, Alaska Ordinance No. FY2023-10
Page 2 of 3
50
WHEREAS, the Borough Assembly finds that its maintenance of the Property by the Borough 51
carries a significant cost of over $70,000 per year, and, 52
53
WHEREAS, the Village of Larsen Bay is willing to accept the Property and to provide space 54
within the building for children in Larsen Bay to engage in schoolwork; and, 55
56
WHEREAS, the Borough Assembly finds that it is in the Borough’s best interests to dispose of 57
its interest in the surface estate in the Property by conveyance to the Village of Larsen Bay with 58
the conditions that, should the Borough find it necessary to reestablish a school in Larsen Bay, 59
the Village of Larsen Bay shall either make space available in on the Property to provide for a 60
school or shall provide the Borough with an alternate school site parcel with utility hookups of at 61
least one acre in size in a single parcel for use as a school site; and, 62
63
WHEREAS, KIBC 18.20.020 permits the Borough to dispose of land in any manner not 64
prohibited by law, unless another provision of Title 18 of the KIBC or another provision of law 65
establishes a specific mandatory procedure; and, 66
67
WHEREAS, KIBC 18.20.030 calls for Planning Commission review and recommendation prior 68
to approval of a disposal of an interest in land by the Borough; and, 69
70
WHEREAS, the Assembly finds that Planning Commission review of this proposed disposal of 71
an interest in land would not provide meaningful guidance where the land is subject to a 72
reversionary interest and restricted uses. Therefore, it is in the Borough’s best interests to dispose 73
of the Property without requiring Planning Commission review under KIBC 18.20.030 prior to 74
disposal; and, 75
76
WHEREAS, the Property with building and land have an estimated value of $3,152,400. KIBC 77
18.20.050 calls for an ordinance and public vote ratifying the disposal if a sale, lease or other 78
permanent disposal of an interest in Borough land valued at over $1 million to a single entity is to 79
be accomplished by means other than an outcry auction; and, 80
81
WHEREAS, the Assembly finds that the restrictions on marketability, the reversionary interest 82
in the Property and the ongoing holding costs make the market value of this Property for a sale is 83
less than $1 million. Further, the Assembly finds that the value to the Borough is less than the 84
building value when the lack of a current use and the required maintenance costs are taken into 85
account, and finds that it is in the Borough’s best interests to have a clear determination as to 86
whether the ratification requirement will apply to proposals received for this disposal process. 87
Therefore, the Assembly finds that the ratification requirement in KIBC 18.20.050 should be 88
waived because the Borough’s ability to market the Property to other parties is severely restricted 89
if not precluded entirely; and, 90
91
WHEREAS, KIBC 18.20.100 authorizes disposal of an interest in property for less than fair 92
market value under where the disposal is to another governmental entity or a nonprofit corporation 93
or association. The Assembly finds that the disposal by conveyance to the Village of Larsen Bay 94
as designee by the City of Larsen Bay is within the scope of the intent of that code section. 95
96
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 97
BOROUGH THAT: 98
99
Kodiak Island Borough, Alaska Ordinance No. FY2023-10
Page 3 of 3
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 100
Kodiak Island Borough Code of Ordinances. 101
102
Section 2: That the Borough Manager is authorized to convey the Property to the Village of 103
Larsen Bay by quitclaim deed substantially in the form attached hereto as Appendix 1, subject 104
to the conditions that, should the Borough find it necessary to reestablish a school in Larsen Bay, 105
the Village of Larsen Bay shall either make space available in on the Property to provide for a 106
school or shall provide the Borough with an alternate school site parcel with utility hookups of at 107
least one acre in size in a single parcel for use as a school site. The transfer shall be on terms 108
substantially the same as the terms set out in the Agreement for the Transfer of Real Property 109
with Reservation of Rights attached as Appendix 2 and incorporated herein by reference. The 110
Borough shall also retain a first right of refusal to return of the property in the event the Village of 111
Larsen Bay desires to sell the Property. 112
113
Section 3: That the disposal of the Property authorized by this ordinance shall not be subject 114
to Planning Commission review and recommendation prior to disposal under KIBC 18.20.030. To 115
the extent that code section would apply it is superseded by this ordinance and will not apply to 116
the disposal by lease under this ordinance. 117
118
Section 4: That the disposal of the Property authorized by this ordinance shall not be subject 119
to a requirement for ratification of the ordinance authorizing the disposal under KIBC 18.20.050. 120
To the extent that code section would apply it is superseded by this ordinance and will not apply 121
to the disposal under this ordinance. 122
123
Section 5: This ordinance shall become effective as provided in KIBC 1.10.040. 124
125
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 126
THIS EIGHTEENTH DAY OF NOVEMBER, 2022 127
128
129 VOTES: 130
Ayes: Delgado, Griffin, LeDoux, Smith, Smiley, Turner 131
Noes: None 132
One vacant seat on the Assembly 133
134
KODIAK IISLAND BOROUGH
t~½lJ)A·~
Aimee VVilliams , Borough Mayor
ATTEST:
1Thwvil1 ·
AGREEMENT FOR TRANSFER OF REAL PROPERTY
WITH RESERVATION OF RIGHTS
THIS AGREEMENT for the Transfer of Real Property with Reservation of Rights
(Agreement), is made and entered into this day of /( akrk, , 2024, by and
between the Kodiak Island Borough, Alaska, a second-class Borough, (Borough), 710 Mill Bay
Road, Kodiak, Alaska 99615, and, the City of Larsen Bay (City), a second class City, whose
address is Post Office Box 8, Larsen Bay, Alaska, 99624; and, Native Village of Larsen Bay
(Village), a Recognized Tribe, whose address is Post Office Box 50, Larsen Bay, Alaska, 99624.
WHEREAS, The Borough owns Lot Two (2), Block Eleven (11), Larsen Bay Townsite,
U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial
District, State of Alaska, (the Property) which is an approximately 2.26 acre parcel containing the
now closed Larsen Bay School; and,
WHEREAS, The Borough originally obtained Block 11, of Tract "A" of U.S. Survey 4872
in July 1979 from the Village as part of its obligations under Section 14(c)(3) of the Alaska Native
Claims Settlement Act to provide lands for municipal facilities and through an agreement between
Koniag, Inc, the City, the Borough and the Village; and,
WHEREAS, The conveyance of the land to the Borough was only the surface estate, and
was restricted for school purposes. The agreement and the deed further provided for the parcel
to revert to the Municipality of Larsen Bay should it cease to be used for school purposes; and,
WHEREAS, In 1987, the Borough and the City conducted a land trade and replat of Block
11, Tract 'A" incorporating a vacated right of way and some City property into the school parcel
re -platted as Lot 2, Block 11, USS 4872, according to Plat 87-37, and conveying part of Block 11,
Tract 'A" which became Lot 1, Block 11, USS 4872, according to Plat 87-37, to the City; and,
WHEREAS, The Kodiak Island Borough School District officially closed the Larsen Bay
School due to low enrollment, and received confirmation from the State of Alaska of the
acceptance of the closure in 2018; and,
WHEREAS, The Kodiak Island Borough School District has no anticipated need for the
Property in the foreseeable future, leaving the Borough responsible for any maintenance; and,
WHEREAS, The reversionary rights in the Property limit the Borough's ability to use the
Property for uses other than school purposes; and,
WHEREAS, The Borough has advised the City of the school closure and the City has
requested that the property be conveyed directly to the Village rather than to the City for later
transfer to the Village; and,
WHEREAS, The Borough desires to transfer the Property to the City or its designee, but
desires a condition with the transfer on retention of rights to reuse the Property or receive
substitute property for school purposes should the Borough be required to reestablish a school in
Larsen Bay; and,
WHEREAS, The Village desires to receive the Property for use for providing services to
the public in Larsen Bay; and,
AGREEMENT FOR TRANSFER OF REAL
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WHEREAS, The Village is willing to accept the Property subject to the conditions identified
by the Borough, and to grant the Borough a First Right of Refusal to the Property, and further
agrees to provide space within the building for children in Larsen Bay to engage in schoolwork;
and,
WHEREAS, The Borough Assembly finds that it is in the Borough's best interests to
dispose of its interest in the surface estate in the Property by conveyance to the Village with
conditions preserving the Borough's rights to use property in Larsen Bay for school purposes if
required in the future.
NOW, THEREFORE, the Borough, City and Village mutually agree as follows:
1. Transfer of Property. The Borough agrees to transfer and convey, and the
Village agrees to receive and accept, subject to the terms and conditions herein contained, the
real property described as the Property, located at 502 Third Street, Larsen Bay, Alaska 99624,
for the total price set forth in Section 2, below. The City agrees to consent to the transfer and
assigns its reversionary rights, if any, to the Village. The Property is more particularly described
as:
Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey
4872, according to Plat 87-37 filed in the Kodiak Recording District,
Third Judicial District, State of Alaska.
2. Terms and Conditions of Sale.
a. Form of Deed. The conveyance shall be by quitclaim deed substantially in
the form attached as Appendix 1.
b. Purchase Price and Other Consideration. The consideration for the
Property shall be the purchase price to be paid by the Village of $10 and other good and valuable
consideration of agreement to the conditions on transfer described herein.
C. Conditions on Transfer.
i. Student Study Space. The Village shall provide space within the
building for children in Larsen Bay to engage in schoolwork.
ii. Provision of School Site. Should the Borough find it necessary to
reestablish a school in Larsen Bay, upon request by the Borough, the Village shall, within 180
days, either make space available in on the Property to provide for a school or shall provide the
Borough with an alternate school site parcel for use for school purposes. The alternate school
site parcel must be at least one acre in size in a single lot, and must have utility hookups. Should
the Village fail to do either, the title to the Property may, at the Borough's option, revert to the
Borough.
iii. First Right of Refusal. The Borough shall be entitled to exercise a
first right of refusal (FRR), substantially in the form attached as Appendix 2, to repurchase the
Property for $10 in the event that (1) the Village intends to make, or makes, an offer of sale, and
(2) any offer of purchase is received by the Village from a third -party which the Village is willing
to accept. In the event the Village intends to offer the Property for sale or entertain a third party
offer to purchase, the Village shall first give the Borough written notice of the intent to offer the
Property for sale, after which notice the Borough shall have ninety (90) days to provide written
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notice of the Borough's election to exercise the right to repurchase the Property by delivering to
the Village within ninety (90) days from the date of the Borough's receipt of said written notice
from the Village. If the Borough does not exercise the first right of refusal, the Village shall be
entitled to sell the Property to a third -party free and clear of the Borough's first right of refusal.
Sale of the Property by the Village will not remove the responsibility to provide an alternate school
site under Section 2.c.ii. of this Agreement.
3. Condition of Property. The Village agrees that it has had adequate opportunity
to inspect the Property. The Village is accepting the Property "as is" without warranty or
representation of the Borough or the City as to the condition of the Property or its suitability for a
particular purpose.
4. Possession. The Borough shall deliver possession of the Property to the Village
at or before Closing.
5. Notice. Any notice, demand, request, consent, approval, or other communication
that either party desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class, certified or registered mail at
the addresses set forth below. Either party may change its address by notifying the other party
of its change of address in writing. Notice shall be deemed to have been duly made and given
when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time
of mailing if mailed as provided in this Section.
Borough: Kodiak Island Borough
Attn: Borough Manager
710 Mill Bay Road
Kodiak, Alaska 99615
City: City Mayor
Post Office Box 8
Larsen Bay, Alaska 99624
Village: Native Village of Larsen Bay
Post Office Box 50
Larsen Bay, Alaska 99624
6. Time is of the Essence. Time is of the essence of this Agreement.
7. Miscellaneous Provisions.
a. Brokers and Finders. Each party represents to the other that no broker or
finder has been involved in this transaction. In the event of a claim for broker's fee, finder's fee,
commission or other similar compensation in connection herewith, the party that incurred such a
fee or obligation shall be solely responsible for the payment thereof.
b. Terminology. Whenever herein the singular number is used, the same
shall include the plural, and the masculine gender shall include the feminine and neuter genders.
C. Nonwaiver. No delay or omission of the right to exercise any power by
either party shall impair any such right or power, or be construed as a waiver of any default or as
acquiescent therein. One or more waivers of any covenant, term or condition of this Agreement
by either party shall not be construed by the other party as a waiver of subsequent breach of the
AGREEMENT FOR TRANSFER OF REAL
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same covenant, term or condition. The consent or approval by either party to any act by the other
party of a nature requiring consent or approval shall not be deemed to waive or render
unnecessary consent to or approval of any subsequent similar act.
d. Survival. All provisions of this Agreement which involve obligations, duties
or rights and all representations, warranties and indemnifications made in or to be made pursuant
to this Agreement shall survive the closing and/or the recording of the quitclaim deed and
separately enforceable as a contract.
e. Laws Applicable. The laws of the State of Alaska shall govern the
construction, validity, performance, and enforcement of this agreement. Venue as to any action,
claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to,
any action for declaratory or injunctive relief, shall be the appropriate court sitting in the City of
Kodiak, Third Judicial District, Alaska.
f. Paragraph Headings. The heading of the several sections and subsections
contained herein are for convenience only and do not define, limit, or construe the contents of
such sections and subsections.
g. Successors and Assigns. Except as otherwise provided herein, the
covenants, agreements and obligations herein contained shall extend to bind and inure to the
benefit not only of the parties hereto but their respective personal representatives, heirs,
successors and assigns.
h. Terms Constructed as Covenants and Conditions. Every term and each
provision of this Agreement performable by the Borough or Village shall be construed to be both
a covenant and a condition.
i. Limited Waiver of Sovereign Immunity. The Village waives its sovereign
immunity only in the context of and to the extent necessary for the enforcement by the Borough
of the conditions on transfer set out in Section 2.c. of this Agreement and in the quitclaim deed
and FRR.
j. Counterparts. This Agreement may be executed in any number of
counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but
all such counterparts together shall constitute but one agreement.
k. Entire Agreement. This Agreement and any schedules, or exhibits
attached hereto, set forth all the covenants, promises, agreements, conditions, or understandings,
either oral or written, and there are no other agreements between them other than as set forth.
No contemporaneous or subsequent agreement, understanding, alteration, amendment, change
or addition to this Agreement, or any schedule, appendix, exhibit or attachment hereto, shall be
binding upon the parties hereto unless reduced to writing and signed by both parties.
below.
WHEREFORE, the parties hereto have executed this Agreement on the dates specified
[SIGNATURE PAGES TO FOLLOW]
AGREEMENT FOR TRANSFER OF REAL
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s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property
DATE: A1%,6 v -(A,% la ) �b2,q
APPROVED AS TO FORM:
Scott A. Brandt -Erichsen
Borough Attorney
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
Borough:
Kodiak Island Borough
mu- �&�ffl A&U.er
By: *Mee kA i l i I aRA S
Its: Borough Manager
BOROUGH ACKNOWLEDGMENT
ss.
THIS IS TO CERTIFY that on this day of M R_ , 2024,
before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned
and sworn, personally appeared I(� I0 , 1 ` 1a to me known to be the
Borough Manager of the Kodiak Isla*n Borough, a second-class Borough, the entity which
executed the above and foregoing instrument; who on oath stated that he was duly authorized to
execute said instrument and affix the corporate seal thereto on behalf of said entity; who
acknowledged to me that he signed and sealed the same freely and voluntarily on behalf of said
entity for the uses and purposes therein mentioned.
PAl
WITNESS my hand and official seal the day and year in the certificate first above
NOTARY PUBLIC FOR ALASKA -
AND -��A My Commission Expires: C' 'aa
IM F
C: 1A
/ C)
7;T:k
~ l� I
Nova Javier
Borough Clerk
AGREEMENT FOR TRANSFER OP"REAL
PROPERTY WITH RESERVATION OF RIGHTS - Page 5 of 8
s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property
PUBLIC
Kodiak Island Borough
RME
Its: Borough Manager
24t, f 49 7
8cott A. Brandt -Erichsen
Borough Attorney
STATE OF ALASKA
�HIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this 19 day of K- , 2024,
before the d rsined a Notary Public in andfor the State ofAlaska, duly commissioned
and sworn, personally appeared I AmA00-, 1�)jffijjW'� to me known to be the
Borough Manager of the Kodiak 11�1`an—drdoroug'fi,"a s'e'-cond-class Borough, the entity which
executed the above and foregoing instrument; who on oath stated that he was duly authorized to
execute said instrument and affix the corporate meo| thereto On behalf of said entity; who
acknowledged 0zrnethat hesigned and sealed the same freely and voluntarily onbehalf ofsaid
entity for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above writO
rMTARY-PuB�ILX FOR ALASKA
My Commission Expires:
C, ATTEST:
DATE: flsy
Ndva Javier
Borough Clerk
AL -
PROPERTY WITH RESERVATION OF RIGHTS of
s/Kod*mIsland Borough pumnwEngineering Facilities (Public Works) School Closures/Larsen Bay School u"/e/Agreerne",for Transfer wReal Property
BOROUGH ACKNOWLEDGMENT
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of M��iA___ , 2024,
before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned
and sworn, personally appeared Nova Javier to me known to be the Borough Clerk of the
Kodiak Island Borough, a second-class Borough, the entity which executed the above and
foregoing instrument; who on oath stated that she was duly authorized to execute said instrument
and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that she
signed and sealed the same freely and voluntarily on behalf of said entity for the uses and
purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
NOTARY PUBLIC FOR ALASKA
My Commission Expires: t&j tbn
AGREEMENT FOR TRANSFER OF REAL
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Native Village of Larsen Bay:
DATE: I AAI� I ��
Its:
VILLAGE ACKNOWLEDGMENT
STATE OF ALASKA
VA'WNA���
ss.
THIRD JUDICIAL DISTRICT ) `�
THIS IS TO CERTIFY that on this day of , 2024,
before me, the undersigned, a Notary -Public innAVAA
theState of Alaska, duly commissioned
and sworn, personally appeared ,((to me known to be the
V�101'pS,PF/►1ff til J.Q_ of the Native Village of Larsen Bay, the entity which executed
the ae b vo a and foregoing instrument; who on oath stated that he/she was duly authorized to
execute said instrument and affix the corporate seal thereto on behalf of said entity; who
acknowledged to me that he/she signed and sealed the same freely and voluntarily on behalf of
said entity for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above
NOTARY PUBLIC FOR
My Commission Expires:
AGREEMENT FOR TRANSFER OF REAL
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s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property
'HKyY PUSLIC
OF
DATE: 3i 2-11 20 2-
City of Larsen Bay:
iVL
By: LvN'mn, N� , l� n5 -I'1
T
Its: MV'q'�4 A'L—
CITY OF LARSEN BAY ACKNOWLEDGMENT
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this Zi *_� day of �wnc l _'2024,
before me, the undersigned, a Not ry Public in and. for the tate of Alaska, duly commissioned
and sworn, personally appeared ����� to me known to be the City Mayor
of the City Of Larsen Bay, a second-class City, the entity which executed the above and
foregoing instrument; who on oath stated that he/she was duly authorized to execute said
instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me
that he/she signed and sealed the same freely and voluntarily on behalf of said entity for the uses
and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
NOTARY PUBLIC FOR ALASKA
My Commission Expires: 2 (9 1
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u AR 2 2024
AFTER RECORDING, MAIL TO:
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Attn: Revenue Accountant
FOR RECORDATION IN THE KODIAK RECORDING DISTRICT
FIRST RIGHT OF REFUSAL
THIS FIRST RIGHT OF REFUSAL (FRR), made and executed this I. day of
W hC , 2024, by and between Native Village of Larsen Bay, whose address
is PoiOffice Box 50, Larsen Bay, Alaska, 99624, hereinafter called Grantor, and Kodiak Island
Borough, a second class borough organized under the laws of the State of Alaska, whose
address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, its heirs, successors and assigns,
hereinafter called Grantee, WITNESSETH:
Grantor, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does by these presents grant and convey unto Grantee a first right of refusal for
the purchase of all of the following described real property and improvements situated thereon
(herein, FRR Property) located with the City of Larsen Bay, Alaska, to wit:
Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey
4872, according to Plat 87-37 filed in the Kodiak Recording District,
Third Judicial District, State of Alaska.
Grantor covenants and agrees that Grantor shall not offer the FRR Property for sale or
solicit or otherwise consider a third -party offer to purchase the FRR Property without Grantee's
written consent.
In the event Grantor, its successors or assigns, offers the FRR Property for sale or
receives a bona fide offer from a third -party to purchase the FRR Property that Grantor is willing
to accept, the offer shall be subject to the first refusal rights of Grantee to purchase the FRR
Property for $10, set forth herein and as more particularly set forth in Section 2.c.iii. of that
Agreement For Transfer of Real Property With Reservation of Rights (Agreement), executed
concurrent with this FRR. Grantee shall be entitled to exercise a first right of refusal as to (1) any
offer of sale made by Grantor, and (2) any offer of purchase received by Grantor from a third -
party which Grantor is willing to accept.
In the event Grantor intends to offer the FRR Property for sale, Grantor shall first give
Grantee written notice of the intent to offer the FRR Property for sale, after which notice Grantee
shall have ninety (90) days to provide written notice of Grantee's election to exercise the right to
purchase the FRR Property is delivered to Grantor within ninety (90) days from the date of
Grantee's receipt of said written notice from Grantor.
FIRST RIGHT OF REFUSAL - Page 1 of 2
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If Grantee does not exercise the first right of refusal, Grantor shall be entitled to sell the
FRR Property to a third -party free and clear of Grantee's first right of refusal.
All notices under this FRR shall be mailed to the parties' addresses set forth above or to
such updated addresses as either party may inform the other in writing.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name
this day of NIGe - 2024.
GRANTOR
Native Village of Larsen Bay
By: l2-tCl�dUl�-V�
Its:
ACKNOWLEDGMENT
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT )
744
THIS IS TO CERTIFY that on this — day of Ma,VL., , 2024, before
me, the undersigned, a Notary Pl�blic in and for the State of Alaska, duly commissioned and
sworn, personalUV��_of
ppeared Kyyi ayV oaasp [N to me known to be the
the Native Village of Larsen Bay, the entity which executed the
above nd foregoing instrument; who on oath stated that he/she was duly authorized to execute
said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged
to me that he/she signed and sealed the same freely and voluntarily on behalf of said entity for
the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate First above written.
My Commission Expires:
FIRST RIGHT OF REFUSAL - Page 2 of 2
S\Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works)\School Closures\Larsen Bay School Sale\First Right of Refusal
NOTARYPUBLIC
AFTER RECORDING, MAIL TO:
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Attn: Revenue Accountant
FOR RECORDATION IN THE KODIAK RECORDING DISTRICT
QUITCLAIM DEED
A.S. 34.15.040
The Grantor, Kodiak Island Borough, a second class borough organized under the laws
of the State of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, for and
in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does convey, release and quitclaim
to Grantee, Native Village of Larsen Bay, whose address is Post Office Box 50, Larsen Bay,
Alaska, 99624, all of Grantor's right, title and interest, if any, without warranty, in and to that certain
real property located in the State of Alaska and more particularly described as follows:
Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey
4872, according to Plat 87-37 filed in the Kodiak Recording District,
Third Judicial District, State of Alaska.
Title to the property is subject to any and all covenants, restrictions, easements,
reservations of record; all easements and encroachments whether or not of record or
assessments; and, all zoning ordinances, plat requirements and covenants. PROVIDED, further,
that title is subject to the condition and reserved right of Grantor that should the Grantor notify
Grantee that Grantor is required to reestablish a school in Larsen Bay, the Grantee shall, within
180 days, either make sufficient space available on the Property to provide for a school or shall
convey to the Grantor with an alternate school site parcel for use for school purposes. The
alternate school site parcel must be at least one acre in size in a single lot, and must have utility
QUITCLAIM DEED — Page 1 of 3
SAKodiak Island Borough (20.236.A) Engineering -Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed
hookups. The condition is discharged if Grantor exercises its First Right of Refusal to repurchase
the Property as provided for in the separate First Right of Refusal of even date. If Grantee fails to
satisfy this condition and the Grantor's First Right of Refusal has not been waived or expired, title
shall, at Grantor's option, automatically revert to Grantor.
DATED this I I tv, day of C K , 2024.
GRANTOR:
Kodiak Island Borough
4. Wt. V`(U&"'&-
By: 'v✓Lec V INO-WIS
Its: Borough Manager
BOROUGH ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT
7�
THIS IS TO CERTIFY that on this day of _140ck- 2024,
before me, the undersigned, a Not Public in and for the State of Alaska, duly commissioned
and sworn, personally appeared to me known to be the
Borough Manager of the Kodiak Island Boroug , a second-class Borough, the entity which
executed the above and foregoing instrument; who on oath stated that he was duly authorized to
execute said instrument and affix the corporate seal thereto on behalf of said entity; who
acknowledged to me that he signed and sealed the same freely and voluntarily on behalf of said
entity for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
NE AREC
p y ,� oF,Njc{,�1'Q
AAA n IID I AAA/t\
ATTEST: OF
By: U VU v DL V I I
Nova Javier, Borough Cler
QUITCLAIM DEED — Page 2 of 3
SAKodiak Island Borough (20.236.A) Engineering -Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this J day of�O V%� ,
2024, before me, the undersigned, a notary public in and for the State of Alaska, duly
commissioned and sworn, personally appeared Nova Javier to me known to be the Borough
Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed
the above and foregoing instrument; who acknowledged to me that she signed the same freely
and voluntarily on behalf of said corporation for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in the certificate first above written.
XE AREC
slo
N TARY PUBLIC FOR ALASKA
N®TARYpUBLIC My Commission Expires: wi% cke_
QUITCLAIM DEED — Page 3 of 3
SAKodiak Island Borough (20.236.A) Engineering -Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed