"COVENANTS & CONDITIONS "

Referencing; Lot 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21

Blue Heron Subdivision, Haines, Alaska 99827

  1. No Trailers or Mobile Homes allowed. Modular homes (without wheels or axle's) are acceptable.

2. No further subdivision of property is allowed.

  1. No "Primary Dwelling", shall be less than 600 square feet in construction.

4. The "Primary Dwelling" shall have, at minimum, a concrete footer with steel re-bar an intricate part of the footer, a concrete foundation or a "post" and beam foundation. The "post"(s) shall be poured concrete into a sauna tube. Constructed footer and or posts are to be built and installed in such a manner to minimize frost heave to the dwelling.

  1. The "Primary Dwelling" for living quarters (in addition to item #4) shall be framed, with windows, roof, doors and siding within two years after date of the foundation or footer has been poured. Siding shall be wood, metal, concrete or vinyl. Tyvek, plastic wrap or tarpaper shall not qualify as siding.
  1. Any septic system installed must be acceptable and developed to the State of Alaska Department of Environmental Conservation standards. Absolutely no out-house's allowed.
  1. All Haines Borough Ordinances and Codes shall apply to construction of the "Primary Dwelling".
  1. Regarding road maintenance and snow removal for the roads beginning from the culvert for

the creek on White Beaver Way and including Buckeye Lane; Lot owners #7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 Blue Heron Subdivision, Haines, Alaska 99827, agree to participate in road maintenance and snow removal with the following provisions: Expenses shall be shared equally under the following conditions. Sandra Schnabel shall not be required to participate in the road maintenance or snow removal expenses. Lot 19 is exempt unless an access is developed off Buckeye Lane for Lot 19. Property owners without a "Primary Dwelling" shall not be required to participate in this condition unless they so desire or until such time a minimum of 7 property owners have developed "Primary Dwellings" and jointly formed a Haines Borough Road Service and Maintenance Services Area. Any 7 - property owners, should they jointly agree, may request from the Haines Borough to form a Road Service and Maintenance Services Area to contract for road repair and maintenance services including snow removal after which all property owners mentioned herein this paragraph shall participate, *(note Sandra Schnabel shall be exempt). Until such time a Road Service and Maintenance Services Area is formed, all road maintenance service and snow removal shall be shared equally by property owners desirous of such service.

  1. No property owner shall have more than one vote regardless of the number of lots owned.
  1. In lieu of law suits and litigation between the property owners for Lots 7 through 21 of the Blue Heron Subdivision, regarding the "Covenants & Conditions" listed herein, the lot owners shall agree to arbitrate any disagreement. Arbitrators shall be local Haines Borough residents. Each party to the disagreement shall choose one arbitrator with an additional arbitrator being agreed to by the majority of the parties involved. In the event two lot owners are in dispute both shall agree on the third arbitrator. The arbitrator's decisions are final and binding on all parties involved.
  1. "Primary Dwelling" shall be defined as a home, cabin or living structure where a person

resides either year around or on a seasonal basis with a structure finished as described in condition #5.

Unless specifically prohibited by Alaska Statute or Haines Borough Ordinance these conditions shall prevail and run with the land. As potential owner of this property described below I hereby understand and agree to abide by the conditions and covenants in the Blue Heron subdivision should I become an owner of any of the lots described here in.

Acknowledged by Date

Future owner of Lot Blue Heron Subdivision, Haines Alaska 99827