KETCHIKAN GATEWAY BOROUGH
RESOLUTION NO. 1902

RECITALS

A. The Borough recognizes the value of the Leask Lakes area due to:
     1) its natural, scenic, wetlands, estuarine and wildlife values, collectively      “conservation values”;
     2) its recreational opportunities as an element of a system of destinations including the      nearby Naha River National Recreation Area, Harriet Hunt Lake and upper George      Inlet;
     3) its economic importance owing to its proximity to the existing public road system      and to the proposed connecting route to the Shelter Cove road system and the
     off-island road corridor; and
     4) its importance for local residents’ sport/subsistence/commercial hunting, fishing,      and trapping;

B. The Borough intends that the conservation values of approximately 1200 acres of certain real Property surrounding the Leask Lakes and adjacent to Leask Creek (the Property, described in Exhibit A attached) be preserved and maintained in perpetuity by the continuation of currently existing land use or activities, including, without limitation, those relating to hunting and fishing, hiking, camping, research and any other uses that do not significantly impair or interfere with those conservation values;

C. The Mental Health Lands Trust is the duly conveyed owner of a parcel of land commonly referred to as the “Leask Lakes parcel,” including the subject Property, and has expressed willingness to sell the entire parcel for a market rate offer and, furthermore, under under AS38.50.060, the Director of the State of Alaska Mental Health Trust has the power to include covenants and reservations that protect the public interest;

D. The Cape Fox Corporation, a for-profit corporation organized pursuant to the Alaska Native Claims Settlement Act, has expressed intention to purchase the Leask Lakes parcel and is willing to purchase it subject to a conservation easement on the subject Property (depicted on Exhibit A); and

E. The Southeast Alaska Land Trust is a private, non-profit, 501(c)3 land trust and the Leask Users Coalition is a local community coalition interested in gaining public access to the Property, in obtaining a conservation easement to protect the Property, and in working with the Borough to secure grant funds to purchase the conservation easement.

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH, ALASKA, as follows:

Section 1. The Ketchikan Gateway Borough Assembly is of the opinion and declares it is in the best interest of the Borough to work with all of the described organizations to establish a conservation easement on the Property (depicted on Exhibit A) to be held jointly with the Southeast Alaska Land Trust and the Borough and to work jointly to ensure that the landowner adheres to the terms of that easement in a manner that protects public access, use and enjoyment in perpetuity.

Section 2. The Ketchikan Gateway Borough Assembly hereby determines that, consistent with KGB Code 40.18.005, it is in the best interests of the Borough to co-hold a conservation easement with the Southeast Alaska Land Trust on the subject Property when sufficient funding is awarded or donated to purchase the easement from the current landholder, Alaska Mental Health Lands Trust or the subsequent landholder.

Section 3. The Borough Manager is hereby authorized to support the Southeast Alaska Land Trust and the Leask Users Coalition in their efforts to secure funds from local, non-government and government sources to purchase the conservation easement described above and in Exhibit A, and execute all documents to accomplish the conservation easement referenced in this resolution.

Section 4. This resolution is effective immediately upon adoption.

ADOPTED this 18th day of July, 2005.

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