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SUNCADIA - PHASE 3 DIVISIONS 15 AND 16 AUDITOR'S REFERENCE
<br />(TUMBLE CREEK)
<br />A PORTION OF SECTIONS 14 AND 15, T. 20 N., R. 14 E., W.M.
<br />KITTITAS COUNTY, WASHINGTON
<br />ASSESSOR MAP NUMBERS 20-14-14000-0001, 20-14-14000-0002, 20-14-14000-0009 AND 20-14-14000-0010
<br />EASEMENTS AND NOTES
<br />1. PARCELS B AND C AS
<br />DESCRIBED AND DELINEATED
<br />ON THAT RECORD OF SURVEY
<br />RECORDED UNDER
<br />KITTITAS COUNTY AUDITOR'S FILE
<br />NO. 201905020010 INCLUDES PORTIONS OF TRACTS OS -6
<br />AND G-1 OF THE
<br />PLAT OF SUNCADIA — PHASE
<br />3 DIVISIONS 6 TO 9 (TUMBLE
<br />CREEK) WHICH ARE BEING REPLATTED HEREIN, AND
<br />THE PLAT NOTES, EASEMENTS
<br />OR OTHERWISE SET FORTH
<br />IN SAID PLAT WITH RESPECT TO
<br />SAID TRACTS ARE
<br />SUPERSEDED BY THIS PLAT.
<br />AGREEMENT,
<br />AND THE CCR'S AND WITHOUT REQUIRING AN AMENDMENT OF THIS PLAT.
<br />RECORDED
<br />2. ALL ROADS, INCLUDING ALL RIGHTS OF WAY FOR THE SAME, WITHIN THIS PLAT AND THE RESORT AND AS
<br />NOW OR SUBSEQUENTLY PLATTED, ARE PRIVATE. NEW SUNCADIA RESERVES TO ITSELF NON—EXCLUSIVE
<br />EASEMENTS ON, OVER, AND UNDER THE PRIVATE ROADS WITHIN THIS PLAT FOR ACCESS, TRAIL AND GOLF
<br />PURPOSES, INCLUDING WITHOUT LIMITATION SIGNS, CART PATHS, IRRIGATION SYSTEMS; THE RIGHT OF INGRESS
<br />AND EGRESS FOR THEIR CONSTRUCTION AND MAINTENANCE; AND GOLF COURSE USE AND IMPROVEMENTS;
<br />TOGETHER WITH THE RIGHT TO GRANT ADDITIONAL NON—EXCLUSIVE EASEMENTS ON, OVER AND UNDER SUCH
<br />ROADS TO THIRD PARTIES FOR THE SAME OR SIMILAR PURPOSES; AND TOGETHER WITH THE RIGHT TO GRANT
<br />SUCH ACCESS AND USE RIGHTS TO PROPERTIES OUTSIDE THE PLAT AND TO PERSONS WHO DO NOT OTHERWISE
<br />OWN PROPERTY WITHIN THE RESORT.
<br />3. NEW SUNCADIA RESERVES TO ITSELF A UTILITY EASEMENT (INCLUDING WITHOUT LIMITATION, WATER,
<br />SANITARY SEWER, DRAINAGE, POWER, CABLE, FIBER OPTIC, GAS, AND TELECOMMUNICATIONS FACILITIES)
<br />ADJOINING EACH PROPERTY LINE OF ALL LOTS AND TRACTS WITHIN THIS PLAT IN WHICH TO CONSTRUCT,
<br />MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES,
<br />TOGETHER WITH ALL REASONABLY NECESSARY OR CONVENIENT UNDERGROUND OR GROUND—MOUNTED
<br />APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THIS PLAT AND SUCH OTHER PROPERTY AS NEW
<br />SUNCADIA SHALL APPROVE. UPON COMPLETION OF ANY WORK, ALL DISTURBANCES TO THE SURFACE OR
<br />IMPROVEMENTS SHALL BE RESTORED BY THE PARTY PERFORMING THE WORK TO AS GOOD OR BETTER
<br />CONDITION AS EXISTING IMMEDIATELY PRIOR TO SUCH WORK. THE WIDTH OF SUCH EASEMENT SHALL BE TEN
<br />FEET (10.00') AS TO THE FRONT AND REAR PROPERTY LINES, FIVE FEET (5.00') ON SIDE PROPERTY LINES
<br />COMMON WITH ANOTHER LOT OR TRACT WITHIN THIS PLAT. NEW SUNCADIA FURTHER RESERVES THE RIGHT TO
<br />GRANT ADDITIONAL NON—EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR 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
<br />LLC (COLLECTIVELY, THE "UTILITY SERVICE PROVIDERS"), AND THEIR SUCCESSORS AND/OR
<br />ASSIGNS, NON—EXCLUSIVE EASEMENTS UNDER AND UPON ALL ROADS WITHIN THIS PLAT AT SUCH LOCATIONS
<br />AND UPON SUCH CONDITIONS AS NEW SUNCADIA SHALL DETERMINE, IN WHICH TO CONSTRUCT, MAINTAIN,
<br />OPERATE, REPAIR, REPLACE AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES, TOGETHER
<br />WITH ALL REASONABLY NECESSARY OR CONVENIENT UNDERGROUND OR GROUND—MOUNTED APPURTENANCES
<br />THERETO FOR THE PURPOSE OF SERVING THIS PLAT AND SUCH OTHER PROPERTY AS NEW SUNCADIA SHALL
<br />APPROVE WITH WATER, SANITARY SEWER, STORM DRAINAGE, ELECTRIC, GAS, TELEPHONE, TELEVISION AND SUCH
<br />OTHER UTILITY SERVICES AS NEW SUNCADIA SHALL REQUEST. NEW SUNCADIA FURTHER GRANTS TO THE UTILITY
<br />SERVICE PROVIDERS A NON—EXCLUSIVE EASEMENT TO ENTER UPON THOSE PORTIONS OF THE LOTS AND TRACTS
<br />WITHIN THIS PLAT AND UPON TRACT D, AS DESCRIBED AND/OR DELINEATED ON THE FACE OF THAT CERTAIN
<br />SURVEY RECORDED MAY 2,. 2019, UNDER AUDITOR'S FILE NO. 201905020010 AND FILED IN BOOK 42 OF
<br />SURVEYS, PAGES 34 THROUGH 50, RECORDS OF KITTITAS COUNTY, STATE OF WASHINGTON; BEING TEN FEET
<br />(10.00') IN WIDTH AND LYING PARALLEL WITH AND ADJOINING ALL ROADS WITHIN THE RESORT NOW OR
<br />HEREAFTER PLATTED AND/OR CONSTRUCTED, FOR THE PURPOSE OF PERFORMING WORK IN SUCH ADJACENT
<br />ROADS. UPON COMPLETION OF ANY WORK, ALL DISTURBANCES TO THE SURFACE OR IMPROVEMENTS SHALL BE
<br />RESTORED BY THE PARTY PERFORMING THE WORK TO AS GOOD OR BETTER CONDITION AS EXISTING
<br />IMMEDIATELY PRIOR TO SUCH WORK. NEW SUNCADIA FURTHER RESERVES THE RIGHT TO GRANT ADDITIONAL
<br />NON—EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR PURPOSES.
<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
<br />DEVELOPMENT AGREEMENT BY AND BETWEEN KITTITAS COUNTY, WASHINGTON AND SUNCADIA LLC RELATING TO
<br />THE DEVELOPMENT COMMONLY KNOWN AS SUNCADIA MASTER PLANNED RESORT" RECORDED
<br />APRIL 16, 2009, UNDER KITTITAS COUNTY AUDITOR'S FILE NO. 200904160090, AS NOW OR HEREAFTER
<br />AMENDED (THE "DEVELOPMENT AGREEMENT").
<br />6. THIS PLAT IS AND SHALL BE SUBJECT TO CERTAIN COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS
<br />AND EASEMENTS ("CCR'S") AND DESIGN GUIDELINES PURSUANT TO THE DEVELOPMENT OF THE RESORT AND MAY
<br />ALSO BE SUBJECT TO OTHER MATTERS APPARENT OR OF RECORD WHICH ARE NOT SPECIFICALLY DISCLOSED ON
<br />THIS PLAT, ALL IMPROVEMENTS TO LOTS SHALL BE WITHIN THE IMPROVEMENT ENVELOPES ESTABLISHED BY
<br />NEW SUNCADIA.
<br />7. NEW SUNCADIA, AS DEFINED HEREINABOVE, SHALL MEAN NEW SUNCADIA, LLC AND ITS SUCCESSORS AND
<br />ASSIGNS, IF A RECORDED INSTRUMENT EXECUTED BY NEW SUNCADIA ASSIGNS TO A TRANSFEREE ALL OR ANY
<br />PORTION OF THE RIGHTS AND INTERESTS RESERVED TO NEW SUNCADIA UNDER THIS PLAT.
<br />8.
<br />NOTWITHSTANDING ANY STATUS AS
<br />A COMMUNITY ASSET OR ELEMENT BENEFITING
<br />ANY OR ALL LOTS WITHIN
<br />THIS
<br />PLAT, THE BOUNDARIES OF OPEN
<br />SPACE (OS) TRACT(S) AND/OR SERVICE (S)
<br />TRACTS CREATED BY THIS
<br />PLAT
<br />MAY BE MODIFIED AND/OR SUCH
<br />TRACT(S) MAY BE ALTERED AS TO SIZE, SHAPE AND LOCATION BY THE
<br />THEN
<br />OWNER(S) OF SUCH TRACT(S)
<br />AS OTHERWISE ALLOWED BY APPLICABLE
<br />LAW, THE DEVELOPMENT
<br />AGREEMENT,
<br />AND THE CCR'S AND WITHOUT REQUIRING AN AMENDMENT OF THIS PLAT.
<br />RECORDED
<br />9. ACCESS TO THIS PLAT VIA JENKINS DRIVE SHALL BE AS SET FORTH IN THAT CERTAIN DECLARATION OF
<br />NON—EXCLUSIVE EASEMENT (JENKINS DRIVE) RECORDED UNDER KITTITAS COUNTY AUDITOR'S FILE NO.
<br />200410050012, AS NOW OR HEREAFTER AMENDED (THE "JENKINS DRIVE EASEMENT") AND SHALL BE SUBJECT
<br />TO THE TERMS AND CONDITIONS THEREIN. THE JENKINS DRIVE EASEMENT IS HEREBY AMENDED TO ADD THIS
<br />PLAT AS A BENEFITTED PROPERTY THEREUNDER. DUE TO TOPOGRAPHY AND CONSTRUCTION ACTIVITIES WITHIN
<br />AND WITHOUT THIS PLAT, ACCESS TO LOTS AND TRACTS VIA JENKINS DRIVE WILL BE FURTHER RESTRICTED
<br />PURSUANT TO THAT CERTAIN JENKINS DRIVE TRAFFIC SAFETY PLAN DATED OCTOBER 5, 2004, A COPY OF
<br />WHICH IS ON FILE WITH KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AND WITH THE RESORT AND WHICH
<br />MAY BE AMENDED AND/OR RELEASED AS TO PORTIONS OR ALL OF JENKINS DRIVE UPON APPROVAL BY NEW
<br />SUNCADIA AND KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS; AND, IN THE EVENT A PLAT IS RECORDED
<br />WHICH INCLUDES ALL OR PORTIONS OF THE JENKINS DRIVE EASEMENT, THE JENKINS TRAFFIC SAFETY PLAN
<br />SHALL AUTOMATICALLY TERMINATE AS TO SUCH PORTIONS.
<br />10. ACCESS TO THIS PLAT VIA TUMBLE CREEK DRIVE SHALL BE AS SET FORTH IN THAT CERTAIN DECLARATION
<br />OF NON—EXCLUSIVE EASEMENT (TUMBLE CREEK DRIVE) RECORDED UNDER KITTITAS COUNTY AUDITOR'S FILE NO.
<br />200410050015, AS NOW OR HEREAFTER AMENDED (THE 'TUMBLE CREEK EASEMENT") AND SHALL BE SUBJECT
<br />TO THE TERMS AND CONDITIONS THEREIN. THE TUMBLE CREEK EASEMENT IS HEREBY AMENDED TO ADD THIS
<br />PLAT AS A BENEFITED PROPERTY THEREUNDER.
<br />11. UTILITIES SERVING THIS PLAT
<br />SHALL BE AS PROVIDED
<br />UNDER
<br />THE TERMS AND
<br />CONDITIONS
<br />OF THAT
<br />CERTAIN TUMBLE CREEK UTILITY
<br />EASEMENT RECORDED
<br />UNDER
<br />KITTITAS COUNTY
<br />AUDITOR'S
<br />FILE NO.
<br />200410050013, AS NOW OR HEREAFTER
<br />AMENDED, AND THAT
<br />CERTAIN
<br />RESERVOIR UTILITY
<br />EASEMENT
<br />RECORDED
<br />UNDER KITTITAS COUNTY AUDITOR'S
<br />FILE NO. 200410050014,
<br />AS
<br />NOW OR HEREAFTER
<br />AMENDED. SAID
<br />DOCUMENTS, AND EACH OF THEM
<br />ARE HEREBY AMENDED
<br />TO ADD
<br />THIS PLAT AS A
<br />BENEFITED
<br />PROPERTY
<br />THEREUNDER.
<br />12. PURSUANT TO THE PROVISIONS CONTAINED IN THAT CERTAIN "DECLARATION OF COVENANT FOR CLE ELUM
<br />RIVER CORRIDOR OPEN SPACE AREA MOUNTAINSTAR MASTER PLANNED RESORT" RECORDED
<br />AUGUST 21, 2003, UNDER KITTITAS COUNTY AUDITOR'S FILE NO. 200308210003, NEW SUNCADIA HEREBY
<br />DEFINES THAT PORTION OF THE BOUNDARY OF THE CLE ELUM RIVER CORRIDOR WHICH IS WITHIN THE
<br />PROPERTY PLATTED HEREUNDER TO BE OPEN SPACE TRACT OS -6.
<br />13. PURSUANT TO THE
<br />PROVISIONS CONTAINED IN THAT CERTAIN
<br />"NATURAL
<br />OPEN SPACE GRANT OF
<br />CONSERVATION EASEMENT
<br />(RESTATED)" RECORDED DECEMBER 11, 2015,
<br />UNDER
<br />KITTITAS COUNTY AUDITOR'S
<br />FILE NO. 201512110029,
<br />NEW SUNCADIA HEREBY DEFINES THAT PORTION
<br />OF THE
<br />BOUNDARY OF THE NATURAL
<br />OPEN. SPACE WHICH IS WITHIN THE PROPERTY PLATTED HEREUNDER TO
<br />BE OPEN
<br />SPACE TRACTS OS -1 AND
<br />OS -5.
<br />14. PURSUANT TO THE PROVISIONS CONTAINED IN THAT CERTAIN "MANAGED OPEN SPACE GRANT OF
<br />CONSERVATION EASEMENT (RESTATED)" RECORDED DECEMBER 11, 2015, UNDER KITTITAS COUNTY AUDITOR'S
<br />FILE NO. 201512110030, NEW SUNCADIA HEREBY DEFINES THAT PORTION OF THE BOUNDARY OF THE MANAGED
<br />OPEN SPACE WHICH IS WITHIN THE PROPERTY PLATTED HEREUNDER TO BE OPEN SPACE TRACT OS -7, EXCEPT
<br />ANY PORTION THEREOF LYING WITHIN THE EXTENSION OF TUMBLE CREEK DRIVE AS NOW OR HEREAFTER
<br />CONSTRUCTED AND OR RELOCATED, IF ANY.
<br />15. DUE TO LANDSLIDE HAZARDS, CONSTRUCTION OF STRUCTURES AND
<br />PLACEMENT
<br />OF ANY OTHER
<br />IMPROVEMENTS WITHIN SLOPE SETBACK AREAS IS PROHIBITED OR
<br />RESTRICTED,
<br />AND ON LOTS
<br />15-39 THROUGH
<br />15-53; AND LOTS 16-34 THROUGH 16-49 IN PARTICULAR,
<br />PURSUANT TO
<br />PROVISIONS
<br />OF THE COUNTY
<br />CONDITIONS OF APPROVAL CONTAINED IN THE DEVELOPMENT
<br />AGREEMENT,
<br />THE VILLAGE
<br />DESIGN REVIEW
<br />COMMITTEE CRITERIA AND THE CCR'S, ALL AS AMENDED.
<br />16. LOTS 15-39 AND 15-40 ARE GRANTED A NON—EXCLUSIVE EASEMENT FOR ACCESS (INGRESS AND
<br />EGRESS) AND UTILITIES OVER, UNDER AND ACROSS TRACT AC -2, THE EXACT WIDTH AND LOCATION OF WHICH
<br />SHALL BE AGREED UPON BY NEW SUNCADIA AND THE LOT OWNER(S) AT SUCH TIME AS APPLICATION FOR
<br />CONSTRUCTION IS SUBMITTED TO THE DESIGN REVIEW COMMITTEE PURSUANT TO THE CCR'S. PROVIDED,
<br />HOWEVER, SAID EASEMENT SHALL BE LOCATED AND BE OF SUFFICIENT WIDTH AND LOCATION SO AS TO PROVIDE
<br />APPROPRIATE ACCESS AND UTILITIES TO EACH OF SAID LOTS 15-39 AND 15-40.
<br />DWG NAME: \\ESM8\ENGR\ESM—JOBS\998\718\016\SURVEY PLOTS\P3D15—FP-2l.DWG
<br />EASEMENTS AND NOTES
<br />LP -19-00002
<br />LPF-19-00008
<br />17. LOTS 16-47, 16-48 AND 16-49 ARE GRANTED A NON—EXCLUSIVE EASEMENT FOR ACCESS (INGRESS AND
<br />EGRESS) AND UTILITIES OVER, UNDER AND ACROSS TRACT AC -3, THE EXACT WIDTH AND LOCATION OF WHICH
<br />SHALL BE AGREED UPON BY NEW SUNCADIA AND THE LOT OWNER(S) AT SUCH TIME AS APPLICATION FOR
<br />CONSTRUCTION IS SUBMITTED TO THE DESIGN REVIEW COMMITTEE PURSUANT TO THE CCR'S. PROVIDED,
<br />HOWEVER, SAID EASEMENT SHALL BE LOCATED AND BE OF SUFFICIENT WIDTH AND LOCATION SO AS TO PROVIDE
<br />APPROPRIATE ACCESS AND UTILITIES TO EACH OF SAID LOTS 16-47, 16-48 AND 16-49.
<br />18. TRACT AC -1 SHALL BE UTILIZED FOR EMERGENCY ACCESS AND SUCH OTHER USES AS NEW SUNCADIA
<br />SHALL DETERMINE.
<br />19.. THE EASEMENTS GRANTED HEREINABOVE MAY BE AMENDED AND/OR RELOCATED BY THE EASEMENT
<br />HOLDER(S) AND THE THEN—OWNER(S) OF THE PROPERTY BURDENED BY SUCH EASEMENT AS MAY BE
<br />REASONABLY NECESSARY WITHOUT REQUIRING AN AMENDMENT OF THIS PLAT, PROVIDED THAT ANY SUCH
<br />AMENDMENT OR RELOCATION SHALL NOT UNREASONABLY IMPAIR THE RIGHTS GRANTED HEREUNDER AND SUCH
<br />AMENDMENT SHALL BE PLACED OF RECORD.
<br />20. THIS PLAT DOES NOT SHOW ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS OR
<br />OTHER MATTERS APPARENT OR OF RECORD WHICH MAY BE DISCLOSED ON A POLICY OF TITLE INSURANCE.
<br />RECORDING CERTIFICATE
<br />FILED FOR RECORD AT THE REQUEST OF KITTITAS COUNTY BOARD OF COMMISSIONERS,
<br />THIS DAY OF A.D., 2019, AT MINUTES PAST
<br />O'CLOCK .M., AND RECORDED IN VOLUME OF PLATS, ON
<br />PAGES , RECORDS OF KITTITAS COUNTY, WASHINGTON.
<br />BY :
<br />DEPUTY COUNTY AUDITOR
<br />AUDITOR'S REFERENCE:
<br />KITTITAS COUNTY AUDITOR
<br />:CONSULTING 1t GINEERS LLC
<br />33400 8th Ave. S, #205
<br />Federal Way, WA 98003
<br />www.esmcivii.com
<br />Civil Engineering
<br />Public Works
<br />Land Surveying
<br />Project Management
<br />FEDERAL WAY (253) 838-6113
<br />EVERETT (425) 297-9900
<br />Land Planning
<br />Landscape Architecture
<br />^,9-765-017—OC'
<br />
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