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Amended 4-27-17 20 <br />Kittitas County has instituted a new policy of having specific types of Open Space and <br />Non-buildable parcels be proportionately owned by tenants in common as shown in the <br />two paragraphs below that were included in Ordinance 2016-024 providing preliminary <br />approval for the Big Creek Trails Planned Unit Development: <br /> <br />p. The identified open space tracts shall be proportionately owned by tenants in <br />common, and retained by each home owner, and will be assessed, taxed, and <br />foreclosed upon each building lot not fulfilling their obligation. This <br />requirement shall not apply to lots retained by the original landowner or <br />subsequent landowner(s) for the purpose of providing improved recreational <br />facilities serving the benefited parcels. For the purposes of this condition, <br />improved recreational facilities shall be those which exceed $100,000 in value. <br />q. Non-buildable parcels. Any parcel created specifically for, or dominated by, <br />easements, roadways, storm water retention facilities, septic facilities or other <br />purposes and as a result or otherwise are non-buildable shall be <br />proportionately owned as tenants in common of the benefited parcels, retained <br />by each parcel owner, and will be assessed, taxed, and foreclosed upon each <br />building lot not fulfilling their obligation. <br /> <br />To address these requirements DK Professional Consultants, Inc. as Applicant for the Big <br />Creek Trails Planned Unit Development agrees that at the point of final plating of any <br />division of any phase of the Big Creek Trails Planned Unit Development all lots will be <br />encumbered in such a manner that: <br /> <br />(i) The home owner association as the primary entity having the responsibility for <br />maintenance and care of open space and non-buildable parcels shall be <br />empowered with the right to lien and foreclose on said lien if any lot owner does <br />not meet their responsibility to equally share in and contribute to the maintenance <br />of said developments open space and non-buildable parcels. <br /> <br />(ii) Kittitas County shall be empowered with the right to lien and foreclose on said <br />lien if any lot owner does not meet their responsibility to equally share in and <br />contribute to the maintenance of said developments open space and non-buildable <br />parcels if the homeowner association does not meet its responsibility to maintain <br />said open space and non-buildable parcels. <br /> <br />q. Non-buildable parcels. Any parcel created specifically for, or dominated by, <br />easements, roadways, storm water retention facilities, septic facilities or other purposes <br />and as a result or otherwise are non-buildable shall be proportionately owned as tenants <br />in common of the benefited parcels, retained by each parcel owner, and will be assessed, <br />taxed, and foreclosed upon each building lot not fulfilling their obligation. <br /> <br />Response: <br />