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AKHIOK-KAGUYAK, INC TR N - ANCSA 14(C) KEMPFF BAY - Property CardOwner UN 17L, t Mailing Address_ Property Address K OM Observed Physic°I Condition Exterior I Interior Foundation BUILDING TYPE AND USE e. EXTERIOR O 6. INTERIOR (Continued) 7. Fhmrs (Continued) — Single _Double — _Other _* Stories Attic Finish % — Basement _Frame _Concrete _._. Block — Concrete Black Sheathing Kind — Building Paper Insulation . Kind _Stucco — Siding Rind — Shakes — Bricktex - __Trim Rind Grads P _A 0 FINISH Wood Concrete Both Living Room Bad Room Floor Number Number Rooms Baths Basement Total # lit Floor _Concrete —Ca., Black —Wood Posts —Skids —Woad Sills — 2nd Floor Grade of Floor Plan _P _ A —G Ceiling Height — Basement —1st Floor _2nd Floor —Attic _ Grade of Kitchen _ P Js _G —Oven Built -in —Range Built -in —Both Room Finish —Water Souris _Sewer Source y o D N M z = � O Z D TT to D A ^ n VI, C TD ^Z ♦ J — log - —Loa s Log Siding � °tal Plywood Slab 3rd H oor Is. Obmrved Physical Condition % c. Total Depreciation (a +b) % B. HEAT Steve -St —Oil Furnace —Cod Stoker —Hot Water —Hot air Forced — Radiant Attic _ 9• NUMBING (Contnue l ) 1. FOUNDATION Total # _Concrete —Ca., Black —Wood Posts —Skids —Woad Sills — Thick Grade of Floor Plan _P _ A —G Ceiling Height — Basement —1st Floor _2nd Floor —Attic _ Grade of Kitchen _ P Js _G —Oven Built -in —Range Built -in —Both Room Finish —Water Souris _Sewer Source S. ROOF 1D. ELECTRICAL O —Space Hooter Kind —Floor Furnace — Number of Chimneys —Kind NUMBER OF FIREPLACES — Basement —1st Floor —Type_ —Flat —Gable —Other _Shingle Shakes Composition # — Insulation _Tar Paper Meal Built -up —Other —Hip Kind _Shingle Rind Kind —Wired r rode _720 Service TOTAL G� L --J 2. BASEMENT Partial _s` —Full _Cribbed Concrete Outside c. Ro om EnEntrance —Roc. Room — __L•mng Area —Nn. Wull. —Fin. Floor —Fin. Ceiling — —S. F. S'zs Size Rind Rind Rind ^ 11, GARAGE L —J — 9. PLUMBING O —Attic Stairway Attic Unfinished —nished —AHic Useful — Number Dormers _Shed Type _Gable % Size Size # Tubs —w /shower —# Toilets _ 14 PORCHES' 6. INTERIOR —# Basins —# Kitchen Sinks —# Shower Stalls_ —# Hot Water Tanks —# Gallons Kind — Insulation Board Plasterboard — Plaster - -11°scnry —Wood Paneling — Plywood 7, FRAME —Walls o.a gracing 7. FLOORS 18• YARD IMPROVEMENTS _Roof _Floor _o.c. _Ceiling Other o.<. o.c, 1st Floor Bridged Post Size Beam Size ^.z. ^,p ^ <. — Finished Unfinished —Open Stud — —# Laundry Treys —Total Number Fixture 2nd Floor ^.c, Other Buildinas I Area I Floor I Reef InPorior Heat I Plumb I Unit Cost I Adds Is Deducts I Real. Cost I Aae I Condition I Building Cost BUILDING VALUE CALCULATION Item Unit No. I Area or Quantity Cost Total ADDITIONS AND DEDUCTIONS I Total Replacement Cost I s Cost Conversion Factor Date Review DEPRECIATION AND OBSOLESCENCE DEPRECIATION a. Effective Age Depreciation % Is. Obmrved Physical Condition % c. Total Depreciation (a +b) % d. Net Condition (100 . r) % e. (100 • (e +f }g) % LL NET CONDITION (d is h) Is Adjusted Replacement Cost I s IUTAL AFFICAMcD I VALUE S or Perimeter Scale %" _ cFt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KIBS70128 i iI I �i m IOLUENCES: PLUS MINUS Depth FOR CHANGE Topography Irregular Modification View Drainage Physical Barriers Access Corner Water Sewer Sidewalk Paving Curb & Gutter Other TOTAL Net + ( —) Remarks: 1-.s„w%' —C*J: 1,2 (- 7 L �f NUE 8152 PL•`iR 10/z4 All LAND VALUE ANCSA SK4,14 C, h?L ci -a7 182 f'653 1 DI KIBS70127 r r FOR CHANGE ME 7 W. r MM L 1 o , ' m .' ,/ � ll •.• REMARKS: PICTURE: KIBS70127 ..► .• •� •� .; •a ► . • Iffilp ..•�.„ ./ II • / O I C C.. m f� S73S 000�og0 OKOOI82PG0653 I.ffiTED WARRANTY DEED sad R ®- EXCLUSIVE EAS@RMS j 1. Grant: Grantor, AKN tO - , an Alaska Native village corporation organized pursuant to 43 U.S.C. § 1607, successor by merger to Natives of Akhiok, Inc -, whose address is 1400 Rest Henson Blvd.. Suite 350, Anchorage, Alaska 99503 (hereinafter referred to as "AKI "), for and in consideration of the settlement of a claim under 43 U.S.C. 5 1613(c)(1) and other good and valuable consideration, grants, bargains, and conveys, with the limited warranties set out below, to ALE d RPrw rna. 2. husband and wife, whose mailing address is P.O. Box 3436, Palmer, Alaska, 99645 (hereinafter referred to as 'Grantees'), all interests 1 which it has in the surface estate of that following described teal F Property located: In the Kodiak Recording District, Third Judicial District, State of Alaska, on Kodiak Island, on the southwesterly shore of &AQU lire approximatel 2 1 2 miles southwesterly from the lla c of Akhiok, within $pg,.�31,_T3.1$�31 w� Seward meridian: as reflected in the Alaska Native Claims Settlement Act Section 14(c) Survey for Akhiok- Kaguyak, Incorporated, entitled "ALASKA NATIVE CLAIMS SETTLEMENT ACT (ANCSA) SECTION 14(c), P.L. 92 -203 (85 STAT. 688, 702, 703), TRACTS E THROUGH O, AKHIOK- KAGUYAK, INCORPORATED IN THE VICINITY OF AKHIOK, ALASKA,' recorded as Plat 99-28, in the ( Kodiak Recording District on December 7. 1999, Comprising approximately 0.63 acres. All the land within said tract being hereinafter described as the "property. - Except as provided in the limited warranty section below, originally described in the draft Limited warranty Deed dated September 30, 1997, as agreed to by all parties, this grant is } uJ L 7 i J i 7 i ■ �won ■ ■ ■ ■■■ ■ ■ ■ ■■ ■� � ■ ■ ■ ■■ �If : :1 ..a:.....c.. ■Ni : ■�� ■i . ►r■ ■ ■ ■ ■ ■ ■ ■ ■ii ■ii ■� ............. ■■ 0 ■ ■ ■ ■ ■ ■11 ■ ■ ■11 ■ (Gilie ii ■ ■ ■ ■ ■ ■ ■ ■ ■ ■iiC:ia ■ ■ ■■ : ■ i■ �iiiH ■i ■ ■nR� ■ ■io ■i ■ ■ ■ ■i ■Ca ■ ■i ■ii lii ■tl■■ ■ ■n ■Io ■'t ■IAI�&1ii ■■ / ■ ■i■ ■ �Ilrliii�� '9` ■ii ■� ■ ■iiillilsa ■ ■irl ■J! %\ll�r� ■ ■�9ir!f!I!r ■!�!LL�I .. i■ S ■ \�■■ .� ■■ ■ /9iri ■i ■irt��ii! ■rF AMfiP Fliiil�irliti All ■ ■■■��aer�' /�Iel i■ ii r. woolp ■ ■i /i ■i ii ■l ■ ■ ■ ■i�i■ ■ ■i ■ ■ ■i ■ ■ ■ ■1 \i ■ii m lwuyff W. WE Ulu ..iii ■ ■� ■ ■ ■.....■■■i ■■. ■......■■■■■■cry■ ■■n �C'aaaaCCC6CC'aCCaa' aCaC�::�I c.. ■ ■ ■ ■ ■. ... ■■ ■B ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ i 7 i F 4 fill S. -1 I .., 0 L J SJ 001184 IM AUG 31 A &SU RECORDINGINS T" REQUESTED BY /,.;t•Alrl 1. ] u• ' Cµµ,,4 q "-blv iz .%V �v� 1 d� o J � N a] I� �n� t ��-9 V�fC BKOO182PC0654 subject to the considerations, limitations, and restrictions set forth In Interim Conveyance No. 135 to the Natives of Akhiok, Inc., by the United States of America dated November 21, 1978, and recorded at Book 43, pages 327 -346, records of the Kodiak Recording District (hereinafter the 'Interim Conveyance') and the additional limitations and restrictions set forth herein. 2. Limited Warranty: A. Except as provided in Subsection B of this paragraph, the Grantor hereby represents, warrants, and covenants to and with the Grantees and their heirs, devisees, and assigns .that: (a) the Grantor is lawfully seized of the surface estate in fee simple of the real Property granted under paragraph 1 and of the Property being burdened by the easements being granted in paragraphs 3 and 6 hereof; (b) Grantor has a good and lawful right and power to convey and burden the same; (c) the same is free and clear of liens and encumbrances, except those listed in the Interim Conveyance, and; (d) from the moment of Interim Conveyance by the United States to Grantor or its predecessors in interest pursuant to the Alaska Native Claims Settlement Act, 43 V.S.C. 5 1601. et seg., to and including the moment at which such title is validly conveyed to the Grantees, AKI has not conveyed or encumbered said lands_ B. While Grantor, as a material component of Grantee's rights under 43 U.S.C. 5 1613(c), intends by this document to transfer to Grantee a nonexclusive easement in gross for the setnet Page 2 L i +e 7 i I J BK08182PC0655 Cie -down rights described in paragraph 6.C.(1) to all or such 1 y portion of the areas described in paragraph 6.A.01 and all of such portion of any area within the boundaries of Grantae'9 designated shore lease fisheries tracts, because of Grantor's uncertainty of ' the title status of such land areas so described, it is agreed that i each setnet tie -down NUE over which Grantor does have power to encumber, is hereby conveyed and granted without any of the warranties set forth in subsection 'A' of this paragraph 2. If it is determined that Grantor does not own all or any portion of the area described in paragraph 6.A.(3), then Grantor agrees that if it 3 should ever become the owner of any such area it will, upon written g1 request, execute such document as may be necessary to encumber such area with the non- exelustve in gross easement for the setnet tie - down rights described in paragraph 6.C.(i). 3. pater Easement: AKI hereby grants to Grantees, their successors and assigns, with the warranties stated above, a ten (10) foot wide easement extending north to the stream from the upland north boundary, as depicted on Exhibit A, for a new water diversion line to the bluff area. The rights granted under this easement are limited to use of the easement area for water use, including a waterline and associated structures necessary for water use, collection, transportation, and storage to serve the Property and access rights to repair, maintain, or replace same_ This �1 waterline easement is intended to be an appurtenant easement with 1 Pege 3 F' L J F 6vw00182 ?GO 656 the burdens and benefits running with title to the land conveyed to Grantees by this deed. Nonuse of this easement shall not be deemed an abandonment, unless such nonuse continues for an uninterrupted period of more than four (a) years. The provisions of paragraphs S ithrough 22 shall apply to the land within the water easement; Yi 1 however, it is understood that nothing Herein is intended to either (1) allow others to utilize Grantees' water easement improvements or i f(2) diminish whatever preference rights Grantees may be entitled to f from the State or other governmental entity upon acquiring such k water permits or rights as may be currently available to Grantees. Grantees acknowledge that MI is not warranting that it owns the . water or that AKI has the power to determine, on its own, who is entitled to use the water. 1. Covenants: Grantees, for themselves, their successors, ' and assigns, hereby expressly covenant that: A. For a period of thirty -nine (39) years from the date " of this deed, the Property shall not be used; (1) For commercial guiding or outfitting. (2) For commercial sport fishing operations. 131 For commercial trapping. (e) For commercial lodging or tourism. (5) For commercial canning operations. Page t L J B39) ye rs from B. For a period of thirty-nine (391 years from the date of this deed, construction activity on the Property will be limited to the following: (1) Repair of existing buildings. (2) Replacement of any existing buildings with new buildings of similar form and size; Or, in the case where a replacement building is a combination of two or more former replaced buildings, then the size of the new combined building shall be similar to the total sizes of the previous separate buildings it ' replaces. (3) Adding to existing buildings, and construction of one additional structure, for family growth, crew area, or gear storage. All replacements and additions will be subject to a five (5) foot set -back from all boundary lines. C. There shall be no construction ever: (1) of any building, other than the main cabin described in subsection D of this paragraph and an outhouse, anywhere on the bluff area located to the south of the stream and westerly of the dash line marked "bluff line- on Exhibit A hereof, however, nothing herein is intended to prohibit the allowed cabin from being (i) set on whatever length pilings may be reasonably needed for its foundation or Iii) from being built with a stair- stepped aspect to it. In determining need, the following factors are deemed to exist: (a) no Bobcat or other bulldczing equipment is Page 5 L J ROOI82FG0658 economically available for excavation on the property; (b) it is not expected nor required that Grantees excavate any of the soil to form a flatter area than currently exists for construction; (e) the Property's soil is very water saturated and soft; (d) any building's foundation is likely to be set on pilings or wooden skids for the entire length and width of the building; (e) the foundation pilings will be of different lengths from the soil at various points along the bottom of the building to enable the building to be level, given the slope and curvature of the terrain on which it is to be located; 1 (f) the Kodiak Island Borough building codes currently prescribe a 1 minimum height clearance between the ground and the bottom of the 1 building; and (q) a small allowance for settling of the foundation , needs to be factored into determination of the length of the pilings of the foundation due to the ground's softness. (2) Within 20 feet below the westerly boundary, 90 feet in length from north to south, marked with a circular "4^ above it, except that an outhouse, clothesline, and antenna may be erected in that area if allowed by the applicable zoning laws. (3) Within a 30 foot x 50 foot cross. xed area leaeediately north of the water stream adjacent to that portion of the western boundary marked with a circled '2' above it. D. The main cabin Grantee intends to build on the bluff area south of the stream my not exceed a floor dimension of 20 feet x 40 feet (600 square feet) plus an enclosed arctic entrance Pay* 6 L J L BK00182FG0659 attached thereto of a size no greater than 6 feet X 20 feet, exclusive of decking, stairs, or walkway. The narrowest portion of the building and the narrowest portion of the arctic entrance shall face toward the Property's mean high tide boundary. 5. Enforceability of Covenants: The covenants of paragraph 4 herein are intended to be appurtenant covenants with the burdens and benefits running with title to Grantor and Grantees. These covenants may be enforced by the Grantor or the United states of America or their successors. These covenants may be enforced by the bringing of action for injunctive or other relief provided by law, , equity, or statute in any court of competent jurisdiction, provided, however, that rescission of this deed or grant of easements and /or reversion of any of these Property rights to Grantor, Its successors and assigns, shall not be a remedy for any breach of these covenants. Grantor's remedy for breach includes, but is not limited to, the equitable remedies of injunction or specific performance, and claims at law for damages. 6. Non - Exclusive Land Use Easements: A. AKI hereby grants to Grantees, their successors and assigns, non - exclusive easements (hereafter referred to as -NUE -) for each specified type of use an the following additional land areas: (I) Two Summer Work Area NUE:. The north one encompasses an area extending northward 75 feet from the Property's Page t J F ( BKOOI82PG0660 northernmost boundary line and extends westerly from the mean high tide line to a point due north from the point labeled 'A' on Exhibit A. The south one encompasses an area extending 30 feet to [he south form the Property's south boundary and extending westerly from the mean high tide line inland to a point due south of the southwest corner of the building labeled "South Cabin^ on Exhibit A hereof. (2) Two winter Storage Area NUES: Each encompassing the same two areas as described as the summer Work Areas. (3) Six Setnet Tie -down NOES: Each encompassing an area extending 50 feet upland for the full length of, and from, the mean high tide line which adjoins and is bounded by an intersecting + extension of the side boundaries of each of the following designated tracts of the shore fishery leases, and such areas within the boundaries of such tracts, listed below: (a) Tracts A and B of Shore Fishery Plat No. 1445 located on the south side of Kodiak Island, in Alitak Bay, off the south side of Akhiok Island, approximately 5,800 feet (Tract A) and 4,800 feet (Tract B) southwest of USCGS triangulation station 'Round' within protracted Section a, Township 38 South, Range 31 Neat, Seward Meridian. (b) Tracts C and 0 of Shore Fishery Plat No. 1611 are located in the Kodiak Archipelago in Alitak Bay off the south shore of Akhiok Island approximately 3,150 feet and Page a L -� BK00182PG0661 38300 feet, respectively, southwest of USCGS triangulation station -Round' within protracted Section 4, Township 38 South, Range 31 West, Seward Meridian. (e) Tracts C and D of Shore Fishery Plat No. 1001 are located near the southern end of Kodiak Island in Alitak Bay off the south shore of Akhiok Island within protracted Section 5, Township 38 South, Range 31 West, Seward Meridian. B. Except for the setnet tie-down HUE, the NUS grant is intended to be an appurtenant easement with the burdens and benefits running with title to the Property conveyed by AKI to Grantees. The f, aetnec tie -down HUE is an easement in gross, assignable to whomever may hold the adjacent shore fishing lease or aetnec fishing rights. Nonuse of an NUE shall not be deemed an abandonment unless such nonuse continues for an uninterrupted period of more than four years. C. For purposes of the NUE grant the authorized uses to which a specified RUE area encompasses are as follows, each of which shall include the right to control, remove, and maintain the vegetation within it: (1) Bernet Tie -down NUE: The right (a) to erect, repair, replace, maintain, and use within each setnet NUE: (i) a main tie -down post, stake, or other attachment apparatus, (111 required signage, (iii) a secondary post, stake, or other attachment apparatus for attachment of swingline ropes, and (b) of Page 9 L - J F 'q BK00182PG0662 r{ access to and from the above for their erection, repair, ♦q replacement, and use. G� (2) Summer Nock NUE: The right during the fishing ) season and the spring preparation time for such season (a) to score � ffish gear, nets, anchors, motors, ropes, and other fishing rear and related apparatus for fishing operation needs, (b) of access for ) repair, replacement, maintenance, and use of same. (3) Winter Storage NUE: The right during the winter and other non - season months to store anchors, motors, heavy fishing equipment, and related apparatus that are going to be needed for the - next fishing season. ' r D. The latitude and longitude and legal description references noted on referenced plat for the shore fishery lease tract boundaries shall be deemed controlling for the purpose of i identifying the area of the setnet tie -down NUE rights unless (1) a particular shore fishery lease tract has not been surveyed before the date of execution of this Deed and (2) an actual survey is J conducted within three years of the execution of this Deed, and (3) such survey reveals that any shore fishing lease tract boundary line or legal description reference is in error. In the latter event 1 only, the survey findings shall be deemed controlling as to the location of said setnet tie -down NUE for the shore fishery tract in question. Nothing in the sub - paragraph "D" is intended to change the actual boundary line location of any shore fishery tract area. l� L Page 10 J BK00182PGO663 1 fThe parties intend by this provision merely to correct any incorrect 1 description which may exist as to any unsurveyed shore fishery +I lease. In the event that Grantee or its successor or assigns cannot C legally or reasonably tie 'down or affix any of the equipment or `([ other items used for the allowed anther tie -down NUE right 11. activities within the Shore Fishery Lease tract or the existing onshore or offshore area of the designated NUE, then Grantor, without additional compensation, shall immediately upon written request by Grantee or its successors or assigns, grant a aetnet tie- down NUE on the same terms as the present aetnet tie -down NUE being granted, for the following additional lands, to the extent Grantor, at that time, has title to such lands encompassed within the ( following boundaries: (1) In regard to Tract A, Plat 1445, beginning at the most northwesterly corner of the southwesterly boundary line of Tract A of Shore Fishery Lease Plat No. 1445 (shown as line '1^ on Exhibit BI attached hereto) and continuing in a northwesterly direction following the came bearing as the bearing of existing line `I- to a point 50 feet inland fr. the mean high tide line of Akhiok i 1 Island, measured along said extended line '1'; thence in a 1 northeasterly direction along a line which is parallel to and � 50 feet inland from said mean high tide line to a point 50 feet inland from said mean high water line as measured along a line 1 formed by extending in a west - northwesterly direction. the existing Page 11 L aJ F t SK00102PGO664 y northeasterly boundary of Tract A (said line designated as line "3^ ytlt on Exhibit B attached) along the same bearing as the bearing of existing line "3', thence southeasterly along said extended line "3^ f to the northerly corner of existing Tract A. thence southwesterly , along the existing northwesterly boundary of Tract A ( designated as line "2• on Exhibit B) to a point of beginning, the northwesterly 3 corner Of existing Tract A. i 7 12) In regard to Tract B, Plat 1445, beginning at the most northwesterly corner of the southwesterly boundary line of I Tract B Of Shore Fishery Lease Plat No. 1445 (shown as Sine "1' on Exhibit BI attached hereto) and continuing in a northwesterly direction following the same bearing as the bearing of existing line "I' to a point 50 feet inland from the mean high tide line of Akhiok Island, measured along said extended line "1': thence in a northeasterly direction along a line which Is parallel to and i 50 feet inland from said mean high tide line to a point 50 feet inland from said mean high water line as measured along a line formed by extending in a west - northwesterly direction, the existing northeasterly boundary of Tract B (said line designated as line `3'): thence 'southwesterly along the existing northwesterly boundary of Tract B (designated 83 line "2' on Exhibit B) to a point f of beginning, the northwesterly corner of existing Tract B. (3) In regard to Tract C, Plat 1611, beginning at the westernmost corner of the northwest boundary line of Tract C of Page 12 L J 01 i BK00182PG0665 1 � Shore Fishery Lease Plat No. 1611 (shown as line '1" on Exhibit B2 attached hereto( and continuing in a north - northweaterly direction following the same bearing as the bearing of existing line "1" to a point 50 feet inland from the mean high tide line of Akhiok Island, measured along said extended line "1 "; thence in a southeasterly ( direction along a line which is parallel to and 50 feet inland from k said mean high tide line to a point 50 feet inland from said mean f {f high tide line as measured along a line formed by extending in a (E north - northweaterly direction, the existing easternmost boundary I line of Tract C (said line designated as line "3" on Exhibit 02 attached) along the same bearing as the bearing of existing line "3 ", thence south - southeasterly along said extended line "3" to its intersection point of the mean high tide line on Akhiok Island, then meandering along said mean high tide line westerly then northerly back to the northeastern point of the northernmost boundary of Tract C (said line designated as line "2" on Exhibit B2), thence (C westerly to the point of beginning, the northwesterly corner of C611t. tract C. ]. Prohibited NUE Uses: No uses of or activities on the NUE areas, other than those specifically authorized in the preceding paragraph as to each, are granted. Grantees shall not construct any buildings, structures, or permanent improvements on the NUE areas, other than those specifically authorized. [F {J y Page 13 L .J r -r L � 8K DOI82M0666 y 0. HUE Laws and Regulations: Grantees shall comply with all applicable Borough, State, and federal laws and regulations concerning their use of and activities on the NUE areas. f 9. NUE Environmental Protection: Grantees shall not store any hazardous substance on the NUE areas during winter months or in Contravention of any applicable law or regulation. - At the conclusion of each setnet fishing season, Grantees will pick up and remove all garbage and discarded items from each NUE. Any items to 3 1 be placed or retained on a winter storage NUE shall be stored in an orderly fashion. • 10. NUE Archeological Sites: If any Alaska Native archeological site or artifact is found on a NUE area, AKI shall be immediately informed and any artifacts shall, as between AKI and Grantees, be the property of AKI. If the nature of the Alaska Native archeological site is such that it is determined by the 1 Office of History and Archeology, Alaska Department Of Natural Resources, that the NUE at issue is incompatible with the site's j. preservation (it being expressly agreed that setnet tie -down stakes n need not be relocated), and AKI, or its assignees and suCCes9ors -in- interest, is willing to provide Grantees with an alternative NUE area of the same size, convenience of use, and access, then upon the Conveyance of such alternative easement, Grantees' rights of use of the NUE use area within the archeological site shall terminate. Page 14 L � { E Y i F L BK00182FG0661 .� 11. ME land Fires: Grantees shall take all reasonable precautions to prevent wild land fires on the ME areas. If a wild land fire is started thereon, Grantees shall make every diligent effort to immediately suppress it and report it to the appropriate officials of the Alaska Division 'of Forestry, the Kodiak Island Borough, and AKI. 12. NUE Damages: Grantees shall exercise due diligence in protecting the ME areas from damage caused by activities of Grantees or their officers, directors, employees, agenta, or ' invitees. Grantees shall be held liable for and pay AKI for any , damages resulting from such activities. 13. ME Non - liability and Indemnification: AKI shall not be liable to Grantees or any person claiming through Grantees for any injury or damage to Grantees or Grantees' officers, employees, agents, contractors, or invitees for any damage or loss (by theft or otherwise) of any property of Grantee, or of any property of such persona, irrespective of the cause of such injury, damage, or loss, and irrespective of whether the claim arises in tort, by operation of law or otherwise, except where caused by the negligence or willful act or omission of AKI, or any party authorized by AKI to use said ME areas, and the officers, employees, agents, invitees, and assigns of either. Grantees shall indemnify, defend, and hold harmless AKI from any and all costs, claims, demands, suits, losses, liability, and expenses for injury to or death of persons and damage Page 15 J r BK00182PG0668 to or loss of property arising out of or connected with Grantees' exercise of the privileges granted them in the NUE areas; except that it is understood the Grantees shall not be liable for the seta of others who are not either officers, employees, agents, ' contzac[ ore, or invitees of Grantees engaging in activities on or t use of the NUE areas. 14. NUE Compatibility: AKI shall not authorize or permit any activity or construction on or use of the NUE or water easement areas which is incompatible with the use rights given by AKI to Grantees, including but not limited to activity or construction j adversely affecting the flow, quantity, or quality of water from the water collection source or water storage area depicted on Exhibit A. AKI shall support application by Grantees to the State of Alaska for a water permit or other authorization to use and /or appropriate such water. 15. No NUE Warranty: AN? does not warrant or represent that the NUE areas are presently Safe, healthful, or suitable for the purposes for which they are permitted to be used under the terms of this grant, or that the subject lands or improvements thereon are in compliance with the Kodiak Island Borough Codes. 16. NUE inspections. ANI, by and through its officers, agent., employees, and /or representatives, reserves the right to inspect the NUE area activities of Grantees at any time with or without notice. Page 16 L J r UK 00182 PC 0 66 9 t 17. NUE Default and Cure: If MI believes that Grantees have t violated or are violating any NUE covenant or restriction, it shall tgive Grantees written notice identifying the default and requesting its Cure. Grantees shall have sixty {6D) days after receipt of said written notice in which to cure the default, unless a longer period L � is reasonable or necessary to effectuate cure, in which event the period of cure shall be extended as long as the defaulting party is diligently attempting to effectuate a cure. 19. NUE Relationship of Parties: In regard to activities on the NUE areas, Grantees are and shall be considered independent contractors who exercise entire control over the operation of their 1� own business operations, subject only to the conditions established ; herein. No partnership, limited partnership, joint venture, agency, or employment is intended to be created by this non - exclusive use easement grant. Grantees' business is separate and apart from the business operated by AKI. Grantees shall have no authority to act for AKI in any manner or to create any liability or obligation binding AKI. 19. NUE Nonwaiver: In regard to the NUE obligations of Grantees, the failure by AKI to insist In any instance upon the strict performance or observance of any obligation of Grantees, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment of the future performance of. any such obligation or the right to exercise such election, but the same Paga 17 L J 0 F - BK00182PC0670 fshall continue and remain in full force and effect with respect to 4[ any subsequent breach, act, or omission. E720. NUE Notices: In regard to NUE areas, any notice, japproval, bill, statement, or other communication required or permit[etl to be given, rendered, or made by either party hereto to the other shall be in writing and shall be sent certified mail, or delivered personally, to the person to whom it is addressed, as follows: To AKI: Akhiok- Kaquyak, Incorporated 1400 West Benson Blvd., Suite 350 Anchorage, AK 99503 To Grantees: Stanley and Becky Carlson P. 0. Boa 3436 Palmer, AK 99645 21. NUE Integration: The NUE rights granted herein contain the entire agreement between AKI and Grantees as to NUEs and cannot be modified, except by a written instrument signed by both parties. ` 22. NUE Applicable Law: The NUE rights shall be governed by the laws of the State of Alaska. GRANTOR: AKNIOK- KAGUYAK, INCORPORATED p FLALPH ELISKA DATED: / ' 2e —a Its: President Page 16 L -� 6 8K00182PG067I STATE OF ALASKA ) 99. THIRD JUDICIAL DISTRICT ) EThe oregoi ny instrument was acknowledged before me this d of l(,i2� 1 2001, by Ralph Eluska, President of Akhiok- Kaguyak, In rpo ra [ed, an Alaska corporation, on behalf of the Corporation. Notary Public for Alaska^ �` v, My ce®ission expires: 9 0-O After Recording, Return To: Akhiok- Kaguyak, Inc. 1400 west Benson Blvd., Suite 350 Anchorage, AK 99503 Page 19 , � I L J Mean Magnetic Declination 19° E. TRACT N SEE SHEET If OF 14 TRACT M SEE SHEET 10 OF 14kS , oc 57350006,01. undr � uarl %375 R31 v) ORAKI HEAD A L /TTLE NARROe5 AKH10K a r� 'fie►+ d rr�� VIKH V /SLANG ti vAC. BUN PO /NT AM/K Q_ ISLAND ✓ 'l Ui AOSERQPO /NT TRACT P SEE SHEET 13 OF 14 TRACT 0 SEE SHEET 12 OF 14 lao LOCATION DIAGRAM 1 2 3 4 5 0 Milai. Caaasirai Survayor A/OV /99 Date I hereby certify that Tracts E through 0 represented on this plat of survey are on Fonds Interim Conveyed to Akhiok - Kaguyak. Inc., as successors in interest to Natives of Akhiok. Inc., by Interim Conveyance _ Nos. 135 and 192. issued by the United States of America; Tracts E through 0 and Tract O fulfill all entitlements under the provisions of ANCSA 14(c) as requested by the Akhiok - Kaguyak. Inc. Board Resolution No.- 96 -03, and the Akhiok - Kaguyak, Inc. ANCSA 14(c) Partial Map of Boundaries approved November 20, 1997, and Tract P fulfills all entitlements under the provisions of ANCSA 14(c) es requested by the Akhiok - Kaguyak. Inc. Board Resolution No. 97 -01, and the Akhiok - Kaguyak, Inc. ANCSA 14(c) Partial Map of Boundaries approved August 8, 1996. C2: G �( I !,/. � --, - President. Akhiok - Kaguyak. Ina. ANON. 1474 / f yq —��— 1A 4 J> UN TEE The survey through 14 examined, i the require Native Clai / ✓ lelcle Deputy Stat b. , s Caaasirai Survayor A/OV /99 Date I hereby certify that Tracts E through 0 represented on this plat of survey are on Fonds Interim Conveyed to Akhiok - Kaguyak. Inc., as successors in interest to Natives of Akhiok. Inc., by Interim Conveyance _ Nos. 135 and 192. issued by the United States of America; Tracts E through 0 and Tract O fulfill all entitlements under the provisions of ANCSA 14(c) as requested by the Akhiok - Kaguyak. Inc. Board Resolution No.- 96 -03, and the Akhiok - Kaguyak, Inc. ANCSA 14(c) Partial Map of Boundaries approved November 20, 1997, and Tract P fulfills all entitlements under the provisions of ANCSA 14(c) es requested by the Akhiok - Kaguyak. Inc. Board Resolution No. 97 -01, and the Akhiok - Kaguyak, Inc. ANCSA 14(c) Partial Map of Boundaries approved August 8, 1996. C2: G �( I !,/. � --, - President. Akhiok - Kaguyak. Ina. ANON. 1474 / f yq —��— 1A 4 J> UN TEE The survey through 14 examined, i the require Native Clai / ✓ lelcle Deputy Stat _KOgiAK ISLAND BOROUGH Community Development 710 Mill Bay Road(Rm 205), Kodiak, Alaska 996156 340 - Phone: (907) 486.9362 FEE: ZONING COMPLIANCE PERMIT Permit #: sz- $20.00 — 1. Property Owner/Applicant: N % L(/ Number and size of parking spaces required (onsite identification of parking spaces is required - Yes:_No: ) QQ �AA Mailing Address: r r7t:�0Z3A ?9t Phone: �1 Off -street loading requirement: i%I /4 fr 2. Legal Description: 't`5?? ^�'q 1 Co T( 3t or LES'n plei—� 9'/& Street Address: IJ Tax Code #: a S% 3 5ro o O b p /7 Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): 3. Description of Existing PropertylCunenlZoning: C" CQ5 �- �✓/} -f7,nd _ Other requirements (e.g., zero lot line, additional setbacks, projections into yards, screening, etc.): Minimum Required Lot Area: fez 4t ce S Width: Actual Lot Area: 46t Width: 2:C 7fz ZS� .1 Minimum Required setbacks: Sides: z—i Front: LS y Rear: 2� r Coastal Management Program Applicable Polices (check appropriate category) - Residential ✓ Business: t Maximum Building Height: Industrial: Other (liso: Use and size of existing structures on the lot: ( LWI N S _ Is the proposed action comistent with the KIB Coastal Maoagement Program? - Yes: >/ No: If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies), _ describes the conflict(s), and specifies conditions to mitigate the conflict(s). Altachmmt - Yes: No: _ Z �' escription of- proposed action (attach site plan). r- D. � s � all ��" k� GD.M2_ 1Mu rr o btk(Lr C.GZ41iA� 1.0LpQ 6e,C.c1�� ' � j6i� u1 C 5. oFP RTidelv7 THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED Expiration: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced with 180 days from the dale of issuance, or, if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit shall be tint obtained to do so. (Sec. 303 (d) Expiration, 1991 Uniform Building Code) per KIBC 17.03.060 Applicant Certification: I hereby civtify that f will ctxnply with the provisions of the Kodiak Wand Baruugh Code and that I have the authority ur certify this as the property owner. (x as a representative of the prnlxaty (mrner. I f4gree to hive identifiable corner markers in place in the Geld for veri(iration of wetbacks. 11r Tille: l7%46141�11 Date: 3 T/ Z l f CDREfi Su rtin documents attached kheckl: Site Ian: As4wi0 wmy: Other IIisO; FIREG 000041P01 5/03 /19'9 P B P — ZopniAng CAT 11:32:2i 6. Community Development .tall for 'Y�.f�.� X515}, P 5�3 (�yc? $20.00 y p g by: title: (Q«—a! Dau: f4e Paid in Full "s Kodiak ItOdlak AK 94615 1907) 0,4 7. Fire Chief ICity of Kodiak, Fire District #1 (Bayside), Womens Bay Fire District) approval for UFC (Sections 10.207 and 10.3010 by: �aitk B. Driveway Permit (State, City of Kodiak. Borough) issued by: Dale: 9. Septic system PLAN approved by: Date: t 0.Ali AI v %2f INIV fY®E IM... rr. rail (p M waFx'!. 'r. Iir.•�.r w. wE A N V.• a_ w.It Y . . AA Owwt.n �..r,u rrwx. 1•✓•A.raa. r... M -• 011icoogy Filed OR"Al DATE II •1 1♦ ALASKA NATIVE CLAIAAS SETTLUCNT ACT (AN IA) SECTION 14 (c) P.L. 22 -205 (85 STAT. IIB. 70f. TW) TRACTS E THROUGH 0 AKHIOK- KAOUYAK. INC. IN THE VICINITY OF "HIM. ALAN(A YYI Yr•NI YYavll YY Ix /Y 1/ YY•AI N. I IYr •//I11•ul •YrvN 1•I•rn•111A. T1. A VH •n/ ... l •AO /•n N. 1%. 14nbn. nl Iln IA • IW UJ....... , a T... ]i N•u. YMN ]I NAI. w•r. frI11N. 11 YYN. N uA1A. J] T, A. 11NI•. CNA•IrAI Jur .J••. 1 IMI: IA. NYI • .1. AI •YI•Y •xA .4N.rA1 •1 IY• IiIIY .1 IYrr AY .•Y. TN 1w1A x .•. W4 Ib \Hbl ryAl u 11ANA\ JIAIxl1iul 11 lAlll\ Alxr<. r WHO b\ IAAAnIp.. nl nl•n b Ib Ir. 41111... A......... IAA .I IAA /•1•Ieln..lY IIAAINIA, lY• \1 •I YArll l•Ilr. AJIIf Y.. u i4 AIAl1A. r I•II V. 1..ilr•.14 IN�.iN41 1 .I IAN• { u/As • II • AII•. s N/ n. T.04. 31 ..d N Y: ]•.M sl w. w../ Nrl/1... ..... r.: L•lu•N: w N• !/.]P .11. WG xa LN\IIN•: IN- IJ' ZAI NAI T\IA AYr.f iY .11.•1' •. II.. 111•.1. A. r \• J I/\ YI111 N.IY...... 31 xIJA.A I.....11 nvlY T•.41/ Jl \.v1Y. Il.n \. II F.1, ]N.1 MrI11.n. AI.AY.. IN .ur..YN r.• : •.111 r•III.:Y •IIY ..1••J \IVII •I..J IY• .Y..�i.. I. 4. IY•I1; :.rl l.n •1 IY. Yr •1. V•\.'IIA. rA 111.11.1 1• • \r•.. TN 1Y' /Ili INr1Y Ir•.N /IA�Ia.111.1./ .INr. • II•A, Y.L.Y. Y.Y401, . 1. IvIIY . 40I . N6I Nr b.:a .Iwll.l, 11.I N '141C i•4. .1... n I. w 1... In m NI. • �. 4. f HA. /Iw -. AINJ M1v IY: Ir co ►n 0 Imo. 5112 —I WDAK hAHA M 0 E: 1'0 a II I& l Tt -I 1-1 NE, 'I 101 I kaae.. _ o,,. 4V4,6 SLtjz do, djL o-tL - tLLb ca>o,..,n LL)LQ be- "CraW c a fo;_ ' ^r- L'ikiC -- cam, beco Me_ ". �_- Flo i.✓� �1- +.tee_ i (s9= a -SUS' AE(k,AND WIW R woµK O V �q'rr'TT,1, CS- krA N ,H{ 1.I N6. 0 m O a. 1 1 D Fr2gN�I (n� t f 2 6 I9bi Parcel Number Property Owner Address City, State, ZIP: Surveyed by Date of Survey 85735000690 SUP #72 Kempf Bay Carlson, S. P.O. Box 3436 Palmer, Ak. 99645 PSC 7/91 Remote Set Net Cabin Effective Age: 35 years Cost as of 12/90 r Floor Area: 324 square feet Quality: Low Condition: Worn Out Style: One Story Exterior Wall: Plywood Units Cost Total ---------------------------------------------------------------------- Basic Square Foot Cost......... 324 39.39 12,762 Including 0 Plumbing Fixtures Galvanized Metal .............. 324 1.31 424 Gravity Furnace ............... 324 1.98 642 Wood subfloor ................. 324 5.51 1,785 Appliance Allowance........... 324 3.91 1,267 Subtotal Basic Structure Cost.. 324 52.10 16,880 -------------------------------------------------=-------------------- Extras: Storage.. - - ------------- ----------------- ° -------------------------------------- 150 10.00 1,500 Replacement Cost New........... ---------------------------------------------------------------------- 324 56.73 18,380 Less Depreciation: Physical and Functional....... <61.0 %> <11,212> Locational Depreciation....... <35.0 %> <6,433> Subtotal ...................... <96.0 %> <17,645> Depreciated Cost ............... 324 2.27 735 ---------------------------------------------------------------------- Rounded to nearest $100 700 Cost data by MARSHALL and SWIFT -F Poke �- •Fr,�.�p 35% Loc. Obsol. for remote location. KIBS70129 Parcel Number Property Owner Address City, State, ZIP: Surveyed by Date of Survey R5735000690 SUP #72 Kempf Bay Carlson, S. P.O. Box 3436 Palmer, Ak. 99645 PSC 7/91 Remote Set Net Cabin Effective Age: 5 years Cost as of 12/90 Style: One Story Exterior Wall: Plywood Basic Square Foot Cost......... Including 0 Plumbing Fixtures Galvanized Metal .............. Gravity Furnace ............... Wood subfloor ................. Appliance Allowance....... . Subtotal Basic Structure Cost.. Extras: Storage ....................... ------------------------------- Replacement Cost New........... ------------------------------- Less Depreciation:" Physical and Functional....... Locational Depreciation....... Subtotal ...................... Depreciated Cost ............... Rounded to nearest $100 Cost data by MARSHALL and SWIFT Floor Area: 240 square feet Quality: Low /Fair Condition: Average Units Cost Total ------------------------------ 240 38.50 9,240 240 1.46 350 240 2.09 502 240 5.77 1,385 240 6.47 1,553 240 ------------------------------ 54.29 13,030 96 15.00 1,440 ------------------------------ 240 60.29 14,470 <8.0 %> <1,158> <35.0 %> <5,065> <43.0 %> <6,223> 240 ------------------------------ 34.36 8,247 8,200 35% Loc. Obsol. for remote location. KIBS70130 POSSESSORY INTEREST WORKSHEET 1 PARCEL ID # Q573So0om40 LEGAL DESCRIPTION S'uP #k r72: Kf-*PF 9 A`� OWNER C'AR S AREA DESCRIPTION Q L64) ry%O S TERM TERM REMAINING _L,5_ AS OF 9/ CAP RATE /o % (special note: refer to lotus 1 -1 -3 (puss. int.) for calculations) FEE SIMPLE VALUE LAND VALUE I S�OOC7 IMPROVEMENTS VALUE TOTAL _ i REVERSIONARY VALUE X 10% LEASY RrsT,*a3"7o NPVc 1Reve�lio�, LAND VALUE _ SD IMPROVEMENTS VALUE �1 TOTAL _ I ff� I POSSESSORY INTEREST VALUE ROUQbVlt� LAND VALUE IMPROVEMENTS VALUE N A TOTAL _ I COMMENTS: 41'5,C)0o b e& 60 5c.1-S OA Pe2. T5;tc5 c.N� oQeAS0.1oS. &mAaatNt> LTFF 'egrSCD 00 OJr(ZAU- o+ A L-e &rt..^A:n;k� tcoNOM�G Like o{ SrRUCfiuc�J o� «st:N85 fES. KIBS70131 P AT- '7;?- }� MPF %Ff id pL�D cA9tej = 314 w� c w c�giaJ = a-4 O StCr = 96 20' EE:P,> . BCA C- VA Id SrG, i .s' biv„ s+, a Lb G1 ax tj m x14, G�� KIBS70132 /A) VW I Ile- I-rA 7r-4p- 3 A IS= /.§0 X 12- 7,o KIBS70133