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THE LEGACY AT SUNCADIA AUDITOR'S REFERENCE <br />SUNCADIA - PHASE 1 DIVISION 6 <br />A PORTION OF SECTIONS 19 AND 20, TOWNSHIP 20 NORTH, RANGE 15 EAST, W.M. <br />KITTITAS COUNTY, WASHINGTON <br />EASEMENTS AND NOTES <br />1. TRACT Z-2 <br />AND <br />A PORTION OF TRACT G-6 OF SUNCADIA — PHASE 1 DIVISION <br />3, RECORDED IN BOOK 9 OF <br />PLATS, PAGES <br />94 <br />THROUGH 120, RECORDS OF KITTITAS COUNTY, WASHINGTON, <br />UNDER AUDITOR'S FILE NO. <br />200505040001 <br />(THE <br />"PHASE 1 DIVISION 3 PLAT') ARE BEING REPLATTED HEREIN. TO <br />THE EXTENT THE SAME AFFECT <br />THIS PROPERTY, <br />THE <br />PLAT NOTES, EASEMENTS (INCLUDING BUT NOT LIMITED TO THE <br />10' UTILITY EASEMENT ALONG <br />THE ORIGINAL BOUNDARY LINES OF SAID TRACTS Z-2 AND G-6) OR OTHERWISE <br />SET FORTH ON THE PHASE 1 <br />DIVISION 3 PLAT. <br />ARE <br />SUPERSEDED BY THIS PLAT. <br />2. ALL ROADS, INCLUDING ALL RIGHTS OF WAY FOR THE SAME, WITHIN THIS PLAT AND THE RESORT ARE PRIVATE. <br />SUNCADIA RESERVES TO ITSELF NON—EXCLUSIVE EASEMENTS ON, OVER, AND UNDER THE PRIVATE ROADS WITHIN THIS <br />PLAT FOR ACCESS, TRAIL AND GOLF PURPOSES, INCLUDING WITHOUT LIMITATION SIGNS, CART PATHS, IRRIGATION <br />SYSTEMS; THE RIGHT OF INGRESS AND EGRESS FOR THEIR CONSTRUCTION AND MAINTENANCE; AND GOLF COURSE USE <br />AND IMPROVEMENTS; TOGETHER WITH THE RIGHT TO GRANT ADDITIONAL NON—EXCLUSIVE EASEMENTS ON, OVER AND <br />UNDER SUCH ROADS TO THIRD PARTIES FOR THE SAME OR SIMILAR PURPOSES; AND TOGETHER WITH THE RIGHT TO <br />GRANT SUCH ACCESS AND USE RIGHTS TO PROPERTIES OUTSIDE THE PLAT AND TO PERSONS WHO DO NOT <br />OTHERWISE OWN PROPERTY WITHIN THE RESORT. <br />3. NEW SUNCADIA RESERVES TO ITSELF A UTILITY EASEMENT (INCLUDING WITHOUT LIMITATION, WATER, SANITARY <br />SEWER, DRAINAGE, POWER, CABLE, FIBER OPTIC, GAS, AND TELECOMMUNICATIONS FACILITIES) ADJOINING EACH <br />PROPERTY LINE OF ALL LOTS AND TRACTS WITHIN THIS PLAT IN WHICH TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, <br />REPLACE AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES, TOGETHER WITH ALL REASONABLY <br />NECESSARY OR CONVENIENT UNDERGROUND OR GROUND—MOUNTED APPURTENANCES THERETO FOR THE PURPOSE OF <br />SERVING THIS PLAT AND SUCH OTHER PROPERTY AS NEW SUNCADIA SHALL APPROVE. UPON COMPLETION OF ANY <br />WORK, ALL DISTURBANCES TO THE SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY THE PARTY PERFORMING THE <br />WORK TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR TO SUCH WORK. THE WIDTH OF SUCH <br />EASEMENT SHALL BE TEN FEET (10.00') AS TO THE FRONT AND REAR PROPERTY LINES AND FIVE FEET (5.00') ON <br />SIDE PROPERTY LINES COMMON WITH ANOTHER LOT OR TRACT WITHIN THIS PLAT. NEWSUNCADIA FURTHER RESERVES <br />THE RIGHT TO GRANT ADDITIONAL NON—EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR <br />PURPOSES. <br />4. NEW SUNCADIA RESERVES TO ITSELF AND GRANTS TO SUNCADIA WATER COMPANY, LLC, SUNCADIA <br />ENVIRONMENTAL COMPANY, LLC, SUNCADIA COMMUNITY COUNCIL AND EASTON RIDGE COMMUNICATIONS LLC <br />(COLLECTIVELY, THE "UTILITY SERVICE PROVIDERS"), AND THEIR SUCCESSORS AND/OR ASSIGNS NON—EXCLUSIVE <br />EASEMENTS UNDER AND UPON ALL ROADS WITHIN THIS PLAT, TRACT AC -1 AND THOSE PORTIONS OF LOTS 11, 12 <br />AND 25 DESCRIBED BELOW, ALL AT SUCH LOCATIONS AND UPON SUCH CONDITIONS AS NEW SUNCADIA SHALL <br />DETERMINE, IN WHICH TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE UNDERGROUND PIPES, <br />CONDUITS, CABLES AND WIRES, TOGETHER WITH ALL REASONABLY NECESSARY OR CONVENIENT UNDERGROUND OR <br />GROUND—MOUNTED APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THIS PLAT AND SUCH OTHER PROPERTY <br />AS NEW SUNCADIA SHALL APPROVE WITH WATER, SANITARY SEWER, STORM DRAINAGE, ELECTRIC, GAS, TELEPHONE, <br />TELEVISION AND SUCH OTHER UTILITY SERVICES AS NEW SUNCADIA SHALL REQUEST. NEW SUNCADIA FURTHER GRANTS <br />TO THE UTILITY SERVICE PROVIDERS A NON—EXCLUSIVE EASEMENT FOR THE RIGHT TO ENTER UPON THOSE PORTIONS <br />OF THE LOTS AND TRACTS WITHIN THIS PLAT BEING TEN FEET (10.00') IN WIDTH AND LYING PARALLEL WITH AND <br />ADJOINING ALL PUBLIC AND PRIVATE ROADS AND SAID TRACT AC -1. UPON COMPLETION OF ANY WORK, ALL <br />DISTURBANCES TO THE SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY THE UTILITY COMPANY PERFORMING THE <br />WORK TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR TO SUCH WORK. NEW SUNCADIA <br />FURTHER RESERVES THE RIGHT TO GRANT ADDITIONAL NON—EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME <br />OR SIMILAR PURPOSES. <br />THAT PORTION OF LOT 1 IDENTIFIED HEREON AS 20' UTILITIES EASEMENT; AND <br />THAT PORTION OF LOT 12 IDENTIFIED HEREON AS 10' EASEMENT FOR STORM DRAINAGE; AND <br />THAT PORTION OF LOT 25 IDENTIFIED HEREON AS 20' UTILITIES EASEMENT. <br />5. NOTHING IN THIS PLAT OR ANY COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DECLARATIONS OR <br />OTHERWISE SHALL SUPERSEDE, AMEND OR TAKE PRECEDENCE OVER THE "AMENDED AND RESTATED DEVELOPMENT <br />AGREEMENT BY AND BETWEEN KITTITAS COUNTY, WASHINGTON AND SUNCADIA LLC RELATING TO THE DEVELOPMENT <br />COMMONLY KNOWN AS SUNCADIA MASTER PLANNED RESORT" RECORDED APRIL 16, 2009, UNDER KITTITAS COUNTY <br />AUDITOR'S FILE NO. 200904160090, AS NOW OR HEREAFTER AMENDED (HEREINAFTER THE "DEVELOPMENT <br />AGREEMENT"). <br />6. THIS PLAT IS AND SHALL BE SUBJECT TO CERTAIN COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND <br />EASEMENTS ("CCR'S") AND DESIGN GUIDELINES PURSUANT TO THE DEVELOPMENT OF THE RESORT AND MAY ALSO BE <br />SUBJECT TO OTHER MATTERS APPARENT OR OF RECORD WHICH ARE NOT SPECIFICALLY DISCLOSED ON THIS PLAT. <br />ALL IMPROVEMENTS TO LOTS SHALL BE WITHIN THE IMPROVEMENT ENVELOPES ESTABLISHED BY NEW SUNCADIA. <br />7. NEW SUNCADIA, AS DEFINED HEREINABOVE, SHALL MEAN NEW SUNCADIA, LLC AND ITS SUCCESSORS AND ASSIGNS, <br />IF A RECORDED INSTRUMENT EXECUTED BY NEW SUNCADIA SPECIFICALLY ASSIGNS TO A TRANSFEREE ALL OR ANY <br />PORTION OF THE RIGHTS AND INTERESTS RESERVED BY AND/OR GRANTED TO NEW SUNCADIA UNDER THIS PLAT. <br />8. NOTWITHSTANDING ANY STATUS AS A COMMUNITY ASSET OR ELEMENT BENEFITING ANY OR ALL LOTS WITHIN THIS <br />PLAT, THE BOUNDARIES OF OPEN SPACE (OS) TRACT(S) CREATED BY THIS PLAT MAY BE MODIFIED AND/OR SUCH <br />TRACT(S) MAY BE ALTERED AS TO SIZE, SHAPE AND LOCATION BY THE THEN OWNERSS) OF SUCH TRACT(S) AS. <br />OTHERWISE ALLOWED BY APPLICABLE LAW, THE DEVELOPMENT AGREEMENT, AND THE CCR S AND WITHOUT REQUIRING <br />AN AMENDMENT OF THIS PLAT. <br />9. LOTS 22, 23 AND 24 ARE GRANTED A NON—EXCLUSIVE EASEMENT FOR ACCESS (INGRESS AND EGRESS) AND <br />UTILITIES OVER, UNDER AND ACROSS TRACT AC -1, THE EXACT WIDTH AND LOCATION OF WHICH SHALL BE AGREED <br />UPON BY NEW SUNCADIA AND THE LOT OWNER(S) AT SUCH TIME AS APPLICATION FOR CONSTRUCTION IS SUBMITTED <br />TO THE DESIGN REVIEW COMMITTEE PURSUANT TO THE CCR'S. PROVIDED, HOWEVER, SAID EASEMENT SHALL BE <br />LOCATED AND BE OF SUFFICIENT WIDTH AND LOCATION SO AS TO PROVIDE APPROPRIATE ACCESS AND UTILITIES TO <br />EACH OF SAID LOTS 22, 23 AND 24. <br />10. THE EASEMENTS GRANTED HEREINABOVE MAY BE AMENDED AND/OR RELOCATED BY THE EASEMENT HOLDER(S) <br />AND THE THEN—OWNER(S) OF THE PROPERTY BURDENED BY SUCH EASEMENT AS MAY BE REASONABLY NECESSARY <br />WITHOUT REQUIRING AN AMENDMENT OF THIS PLAT, PROVIDED THAT ANY SUCH AMENDMENT OR RELOCATION SHALL <br />NOT UNREASONABLY IMPAIR THE RIGHTS GRANTED HEREUNDER AND SUCH AMENDMENT SHALL BE PLACED OF RECORD. <br />11. THIS PLAT DOES NOT SHOW ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS OR OTHER <br />MATTERS APPARENT OR OF RECORD WHICH MAY BE DISCLOSED ON A POLICY OF TITLE INSURANCE. <br />DWG NAME : \\ESM8\ENGR\ESM—JOBS\16" SSURVEY PLOTS\P1D6—FP-06.DWG <br />RECORDING CERTIFICATE <br />FILED FOR RECORD AT THE REQUEST OF KITTITAS COUNTY BOARD OF COMMISSIONERS, <br />THIS DAY OF A.D., 2017, AT MINUTES PAST <br />O'CLOCK .M., AND RECORDED IN VOLUME OF PLATS, ON <br />PAGES , RECORDS OF KITTITAS COUNTY, WASHINGTON. <br />DEPUTY COUNTY AUDITOR <br />AUDITOR'S REFERENCE: <br />KITTITAS COUNTY AUDITOR <br />CONSULTING ENGINEERS LLC <br />33400 8th Ave. S, #205 <br />Federal Way, WA 98003 <br />www.esmcivil.com <br />Civil Engineering <br />Public Works <br />DATE : 2017-06-05 <br />DR/' <br />Land Surveying <br />Project Management <br />. <br />770B NO 91 <br />FEDERAL WAY (253) 838-6113 <br />EVERETT (425) 297-9900 <br />Land Planning <br />Landscape Architecture <br />53--016 0(` <br />