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1978-04 Convey The School Reserve, Port Lions Alaska Subdivision, First Addition To The State Of Alaska, Department Of Transportation And Public Facilities.7 q 1 2 and 1 g KODIAK ISLAND BOROUGH RESOLUTION NO. 78 - -R A RESOLUTION TO CONVEY THE SCHOOL RESERVE, PORT LIONS ALASKA SUBDIVISION, FIRST ADDITION TO THE STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES. WHEREAS, the Kodiak Island Borough is responsible for providing primary and secondary education facilities at Port Lions, Alaska; and WHEREAS, the City of Port Lions desires the construction of necessary public educational facilities and has expressed a willingness to convey land within the School Reserve, Port Lions, Alaska Subdivision, First Addition, to the Borough for purposes of such construction; and WHEREAS, the Kodiak Island Borough has entered into a Facility Procurement Contract with the State of Alaska whereby the State of Alaska will construct the education facilities; and WHEREAS, Appendix E of the Facility Procurement Contract and AS 35.15.110 require title acceptable to the Department of Transportation and Public Facilities must be vested with that department during the life of the contract; WHEREAS, title to the School Reserve, Port Lions Alaska Subdivision, First Addition, the proposed site for the school construction, has been withdrawn under Section 11(a) of the Alaska Native Claims Settlement Act; and WHEREAS, the Port Lions Native Corporation has selected the School Reserve as provided in the Alaska Native Claims Settlement Act and will acquire title to the surface estate upon final adjudication of the selection; and WHEREAS, the Port Lions Native Corporation desires to have the public school facilities constructed in Port Lions and will convey the surface rights of the School Reserve to the City of Port Lions when it receives title, for further conveya to the Kodiak Island Borough; and WHEREAS, Koniag, Incorporated, a native regional corporation as authorized under the Alaska Native Claims Settlement Act, is in agreement with the Port Lions Native Corporation to convey the School Reserve to the City of Port Lions for further conveyance to Kodiak Island Borough for school purposes; and WHEREAS, land title for the School Reserve will not be transferable by any party in time to meet the construction schedule of the Facilities Procurement Contract, NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the Kodiak Island Borough shall convey title to the School Reserve, Port Lions Alaska Subdivision, First Addition to the State of Alaska, upon receipt of title from the City of Port Lions, said conveyance of title being contingent upon title conveyance from the U.S. Department of Interior, Bureau of Land Management to the Port Lions Native Corporation and conveyance from that corporation to the City of Port Lions. BE IT FURTHER RESOLVED that the concurrence of the City of Port Lions, the Port Lions Native Corporation and Koniag, Inc., as attested to by their endorsement of this resolution, will bind all parties to perform as stated herein. PORT LIONS NATIVE CORPORATION KODIAK ISLAND BOROUGH Presi ent f � Ma r� ATTEST: KONIAG President I 1 ') I :PASSED AND APPROVED This - - h day of :1978. January., , ATTEST: CITY OF PORT LIONS Mayor City Clerk