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BLACK HORSE AT WHISKEY CREEK -PHASE 1
<br />A PLAT COMMUNITY
<br />A PORTION OF THE NORTHEAST QUARTER OF SECTION 27, T 18 N, R 18
<br />KITTITAS COUNTY, WASHINGTON
<br />ASSESSOR PARCEL NUMBER 431033/MAP NUMBER 18-18-27010-0002
<br />NOTES
<br />1. ALL OF BLACK HORSE AT WHISKEY CREEK IS SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND
<br />RESTRICTIONS RECORDED UNDER AUDITOR'S FILE NO. ----------------, AS AMENDED FROM TIME TO
<br />TIME ("DECLARATION"). THE BLACK HORSE AT WHISKEY CREEK HOME OWNERS ASSOCIATION ("HOA") WAS
<br />ESTABLISHED, PURSUANT TO ITS ARTICLES OF INCORPORATION FILED WITH THE WASHINGTON SECRETARY OF THE STATE.
<br />THE LOT OWNERS WITHIN BLACK HORSE AT WHISKEY CREEK SHALL BE RESPONSIBLE FOR ENSURING THAT THE HOA
<br />CONTINUES TO BE A VIABLE AND FUNCTIONING LEGAL ENTITY FOR THE PURPOSES SET FORTH ON THIS PLAT, ANY
<br />FUTURE PLATS OF TRACTS Z-1 THROUGH Z-12, INCLUSIVE, AND IN THE DECLARATION.
<br />2. A REBAR AND PLASTIC CAP MARKED "ESM LLC LS 44925/45782" SHALL BE SET AT ALL REAR LOT CORNERS AND
<br />LOT ANGLE POINTS, EXCEPT AS NOTED. THERE MAY BE INSTANCES WHERE A PK NAIL AND BRASS TAG MARKED
<br />IS 44925" ARE SET AT REAR CORNERS OR LOT ANGLE POINTS WHEN AN OBSTACLE PREVENTS SETTING A REBAR AND
<br />CAP. THE INTERSECTION OF LOT LINES WITH STREET IMPROVEMENTS SHALL BE REFERENCED BY A PK NAIL AND BRASS
<br />TAG MARKED IS 44925" SET IN THE TOP OF CURB OR THICKENED EDGE OF ASPHALT ON THE EXTENSION OF THE LOT
<br />LINE. LOT CORNERS OR STREET MONUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND
<br />SHALL BE SET AS CONSTRUCTION IS COMPLETED.
<br />3. TRACTS A, B, D, G, I, J AND K ARE GRANTED AND CONVEYED TO THE LOT OWNERS WITHIN BLACK HORSE AT
<br />WHISKEY CREEK (INCLUDING THE LOTS WITHIN THIS PLAT AND ANY LOTS TO BE CREATED IN FUTURE DEVELOPMENT
<br />TRACTS) FOR STORM DRAINAGE AND OPEN SPACE PURPOSES UPON THE RECORDING OF THIS PLAT. THE HOA IS
<br />RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACTS AND ANY OF THE IMPROVEMENTS CONTAINED THEREIN, WITH THE
<br />EXCEPTION OF THOSE UTILITIES OWNED AND MAINTAINED BY UTILITY PROVIDERS AND/OR KITTITAS COUNTY AS NOTED IN
<br />THE EASEMENT PROVISIONS HEREIN. TRACTS ARE SUBJECT TO EASEMENTS AS GRANTED IN THE EASEMENT PROVISIONS
<br />HEREIN.
<br />4. TRACTS C, E, F, H AND N ARE GRANTED AND CONVEYED TO THE LOT OWNERS WITHIN BLACK HORSE AT WHISKEY
<br />CREEK (INCLUDING THE LOTS WITHIN THIS PLAT AND ANY LOTS TO BE CREATED IN FUTURE DEVELOPMENT TRACTS) FOR
<br />OPEN SPACE PURPOSES UPON THE RECORDING OF THIS PLAT. THE HOA IS RESPONSIBLE FOR THE MAINTENANCE OF
<br />SAID TRACTS AND ANY OF THE IMPROVEMENTS CONTAINED THEREIN, WITH THE EXCEPTION OF THOSE UTILITIES OWNED
<br />AND MAINTAINED BY UTILITY PROVIDERS AND/OR KITTITAS COUNTY AS NOTED IN THE EASEMENT PROVISIONS HEREIN.
<br />TRACTS ARE SUBJECT TO EASEMENTS AS GRANTED IN THE EASEMENT PROVISIONS HEREIN.
<br />LOCATED WITHIN TRACT H IS AN IRRIGATION PUMP STATION THAT WILL BE UNDER CONTRACT FOR MAINTENANCE AND
<br />MONITORING OF BY A LICENSED AND BONDED LANDSCAPER OR UTILITY PROVIDER CAPABLE OF MAINTAINING A COMPLEX
<br />ZONED IRRIGATION SYSTEM AT ALL TIMES. THE SITE ACQUIRES IRRIGATION WATER FROM CASCADE IRRIGATION DISTRICT
<br />THAT IS SUFFICIENT TO PROVIDE METERED IRRIGATION TO THE ENTIRETY OF THE PLAT. THE IRRIGATION PUMP STATION
<br />AND ASSOCIATED IRRIGATION DISTRIBUTION SYSTEM HAS BEEN DESIGNED BY A LICENSED ENGINEER AND MUST BE
<br />OPERATED WITHIN THE GUIDELINES PROVIDED IN SAID DESIGN.
<br />5. TRACT L IS RETAINED BY THE OWNER AND WILL BE CONVEYED TO ELLENSBURG WATER COMPANY FOR ACCESS AND
<br />UTILITIES PURPOSES BY SEPARATE INSTRUMENT AFTER THE RECORDING OF THIS PLAT. ELLENSBURG WATER COMPANY
<br />WILL BE RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT AND ANY OF THE IMPROVEMENTS CONTAINED THEREIN,
<br />WITH THE EXCEPTION OF THOSE UTILITIES OWNED AND MAINTAINED BY UTILITY PROVIDERS AND/OR KITTITAS COUNTY AS
<br />NOTED IN THE EASEMENT PROVISIONS HEREIN. TRACT IS SUBJECT TO EASEMENTS AS GRANTED IN THE EASEMENT
<br />PROVISIONS HEREIN.
<br />6. TRACTS M AND Q ARE GRANTED AND CONVEYED TO THE LOT OWNERS WITHIN BLACK HORSE AT WHISKEY CREEK
<br />(INCLUDING THE LOTS WITHIN THIS PLAT AND ANY LOTS TO BE CREATED IN FUTURE DEVELOPMENT TRACTS) FOR
<br />SENSITIVE AREAS PURPOSES UPON THE RECORDING OF THIS PLAT. THE HOA IS RESPONSIBLE FOR THE MAINTENANCE
<br />OF SAID TRACTS AND ANY OF THE IMPROVEMENTS CONTAINED THEREIN, WITH THE EXCEPTION OF THOSE UTILITIES
<br />OWNED AND MAINTAINED BY UTILITY PROVIDERS AND/OR KITTITAS COUNTY AS NOTED IN THE EASEMENT PROVISIONS
<br />HEREIN. TRACTS ARE SUBJECT TO EASEMENTS AS GRANTED IN THE EASEMENT PROVISIONS HEREIN.
<br />7. TRACT 0 IS GRANTED AND CONVEYED TO THE LOT OWNERS WITHIN BLACK HORSE AT WHISKEY CREEK (INCLUDING
<br />THE LOTS WITHIN THIS PLAT AND ANY LOTS TO BE CREATED IN FUTURE DEVELOPMENT TRACTS) FOR UTILITY PURPOSES
<br />UPON THE RECORDING OF THIS PLAT. THE HOA IS RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT AND ANY OF
<br />THE IMPROVEMENTS CONTAINED THEREIN, WITH THE EXCEPTION OF THOSE UTILITIES OWNED AND MAINTAINED BY UTILITY
<br />PROVIDERS AND/OR KITTITAS COUNTY AS NOTED IN THE EASEMENT PROVISIONS HEREIN. TRACT IS SUBJECT TO
<br />EASEMENTS AS GRANTED IN THE EASEMENT PROVISIONS HEREIN. LOCATED WITHIN TRACT 0 IS A STORMWATER LIFT
<br />STATION THAT WILL BE UNDER CONTRACT FOR MAINTENANCE AND MONITORING OF BY A LICENSED AND BONDED UTILITY
<br />PROVIDER AT ALL TIMES. IT SHALL BE THE RESPONSIBILITY OF THE BLACK HORSE AT WHISKEY CREEK HOME OWNERS
<br />ASSOCIATION (OR IT SUCCESSORS) TO MAINTAIN THIS CONTRACTUAL OBLIGATION.
<br />8. TRACT P IS GRANTED AND CONVEYED TO THE LOT OWNERS WITHIN BLACK HORSE AT WHISKEY CREEK (INCLUDING
<br />THE LOTS WITHIN THIS PLAT AND ANY LOTS TO BE CREATED IN FUTURE DEVELOPMENT TRACTS) FOR PARK AND OPEN
<br />SPACE PURPOSES UPON THE RECORDING OF THIS PLAT. THE HOA IS RESPONSIBLE FOR THE MAINTENANCE OF SAID
<br />TRACT AND ANY OF THE IMPROVEMENTS CONTAINED THEREIN, WITH THE EXCEPTION OF THOSE UTILITIES OWNED AND
<br />MAINTAINED BY UTILITY PROVIDERS AND/OR KITTITAS COUNTY AS NOTED IN THE EASEMENT PROVISIONS HEREIN. TRACT
<br />IS SUBJECT TO EASEMENTS AS GRANTED IN THE EASEMENT PROVISIONS HEREIN.
<br />9. TRACTS Z-1 THROUGH Z-12, INCLUSIVE, ARE RETAINED BY SSHI LLC AS FUTURE DEVELOPMENT TRACTS UPON THE
<br />RECORDING OF THIS PLAT.
<br />10. ALL "OPEN SPACE TRACTS" ON THIS PLAT (ALL TRACTS PER NOTES 3, 4 AND 8 ABOVE) AND ANY DESIGNATED ON
<br />THE FUTURE PLATS OF TRACTS Z-1 THROUGH Z-12, INCLUSIVE, SHALL BE (1) OWNED IN A PROPORTIONATE AND
<br />UNSEVERABLE MANNER AS TENANTS IN COMMON BY EACH LOT OWNER AND (2) ASSESSED, TAXED, AND FORECLOSED
<br />UPON WITH EACH BUILDING LOT. ANY DEED FOR EACH LOT CONTAINED WITHIN THIS PLAT AND THE LOTS TO BE
<br />CREATED IN THE FUTURE WITHIN TRACTS Z-1 THROUGH Z-12, INCLUSIVE, SHALL INCLUDE AN UNDIVIDED 1/354TH
<br />INTEREST IN SUCH OPEN SPACE TRACTS. SUCH UNDIVIDED INTEREST SHALL NOT BE SUBJECT TO PARTITION, OUSTER
<br />OR DIVISION AND NO LOT OWNER MAY ENCUMBER, CONVEY OR OTHERWISE TRANSFER ITS UNDIVIDED INTEREST IN SUCH
<br />OPEN SPACE TRACTS SEPARATE OR APART FROM ITS LOT. ALL SUCH PROHIBITED ACTIONS PURPORTING TO BE MADE
<br />WITH RESPECT TO SUCH OPEN SPACE TRACTS SHALL BE VOID. OPERATION AND MAINTENANCE OF ALL OPEN SPACE
<br />TRACTS WITHIN BLACK HORSE AT WHISKEY CREEK AND ALL FACILITIES AND IMPROVEMENTS THEREIN SHALL BE THE
<br />RESPONSIBILITY OF THE HOA TO THE EXTENT REFERENCED IN ANY APPLICABLE PLAT NOTES. UPON ACQUIRING AND
<br />WHILE HOLDING AN OWNERSHIP INTEREST IN ANY LOT WITHIN BLACK HORSE AT WHISKEY CREEK, A PARTY SHALL BE
<br />DEEMED TO HAVE IRREVOCABLY APPOINTED THE HOA AS ITS SOLE AND EXCLUSIVE AGENT AND ATTORNEY-IN-FACT FOR
<br />THE PURPOSE OF OPERATING AND MAINTAINING SUCH OPEN SPACE TRACTS IN ACCORDANCE WITH THIS PLAT, ANY
<br />FUTURE PLATS OF TRACTS Z-1 THROUGH Z-12, INCLUSIVE, THE DECLARATION AND OTHERWISE IN COMPLIANCE WITH
<br />THE DEPARTMENT OF ECOLOGY'S "BEST MANAGEMENT PRACTICES" MANUAL, INCLUDING ANY AMENDMENTS THERETO. IF
<br />THE HOA EVER MATERIALLY FAILS TO OPERATE AND MAINTAIN ANY OPEN SPACE TRACTS OR THE IMPROVEMENTS OR
<br />FACILITIES THEREIN AS REQUIRED FOR ANY PERIOD, THEN THE RESPONSIBILITY FOR SUCH OPERATION AND MAINTENANCE
<br />SHALL BECOME THE JOINT AND SEVERAL LEGAL OBLIGATION OF THE OWNERS OF LOTS 1 THROUGH 354 OF BLACK
<br />HORSE AT WHISKEY CREEK.
<br />11. THE SUBJECT PROPERTY IS WITHIN OR NEAR LAND USED FOR AGRICULTURE ON WHICH A VARIETY OF COMMERCIAL
<br />ACTIVITIES MAY OCCUR THAT ARE NOT COMPATIBLE WITH RESIDENTIAL DEVELOPMENT FOR PERIODS OF VARYING
<br />DURATION. (RCW 36, 70A.060(1)), COMMERCIAL NATURAL RESOURCE ACTIVITIES PERFORMED IN ACCORDANCE WITH
<br />COUNTY, STATE AND FEDERAL LAWS ARE NOT SUBJECT TO LEGAL ACTION AS PUBLIC NUISANCES. (RCW 7.48.305)
<br />12. PER RCW 17.10.140 LANDOWNERS ARE RESPONSIBLE FOR CONTROLLING AND PREVENTING THE SPREAD OF
<br />NOXIOUS WEEDS. ACCORDINGLY, THE KITTITAS COUNTY NOXIOUS WEED BOARD RECOMMENDS IMMEDIATE RESEEDING OF
<br />AREAS DISTURBED BY DEVELOPMENT TO PRELUDE THE PROLIFERATION OF NOXIOUS WEEDS.
<br />13. BUILDING SETBACKS ARE AS FOLLOWS:
<br />FRONT 15'
<br />SIDE 5'
<br />REAR 5'
<br />14. SHOULD TWO ADJOINING LOTS BE CONSOLIDATED IN THE FUTURE AND THE LOT LINE EXTINGUISHED, THE
<br />EASEMENTS ALONG THE LINE EXTINGUISHED SHALL BE AUTOMATICALLY TERMINATED UPON THE RECORDING OF THE
<br />INSTRUMENT EXTINGUISHING SAID LINE.
<br />15. THE APPROXIMATE LOCATION OF NORTHERLY LIMITS OF THE 100 YEAR FLOOD PLAIN IS BASED UPON THE
<br />CURRENT FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 530095 0439 B DATED MAY 5, 1981. THE
<br />LIMITS OF THE 100 YEAR FLOOD PLAIN ARE TO BE REVISED BY A LOMR THAT IS INTENDED TO BE APPROVED BY FEMA
<br />UPON COMPLETION OF CONSTRUCTION. THE REVISED LIMITS OF THE 100 YEAR FLOOD PLAIN AS APPROVED BY FEMA
<br />WILL BE SHOWN ON THE FUTURE FINAL PLATS OF TRACTS Z-1 THROUGH Z-12, INCLUSIVE. BY THEIR APPROVAL OF
<br />THIS PLAT, THE CITY OF ELLENSBURG AND THE COUNTY OF KITTITAS AGREE THAT IT WILL NOT BE NECESSARY TO
<br />PROCESS A FINAL PLAT AMENDMENT TO SHOW THE REVISED FLOOD PLAIN LIMITS ONCE APPROVED AND THAT UPON
<br />RECORDING OF THE FINAL PLATS FOR TRACTS Z-1 THROUGH Z-12, INCLUSIVE. SUCH APPROVED REVISED LIMITS WILL
<br />AUTOMATICALLY REPLACE THE LIMITS SHOWN ON THIS PLAT.
<br />16. AS LONG AS A STORM DRAINAGE TRACT IS PRIVATELY AND NOT PUBLICLY OWNED, THE IMPROVEMENTS CONTAINED
<br />THEREIN SHALL BE MAINTAINED BY THE HOMEOWNER'S ASSOCIATIONS (HOA), AS PER THE LATEST DEPARTMENT OF
<br />ECOLOGY'S "BEST MANAGEMENT PRACTICES" MANUAL.
<br />17. THE SCHOOL BUS STOP WILL BE LOCATED ON THE NORTH SIDE OF 29TH AVENUE COINCIDENT TO THE MAILBOX
<br />EASEMENT AS APPROVED BY THE ELLENSBURG SCHOOL DISTRICT. THE DISTRICT RETAINS THE RIGHT TO CHANGE THE
<br />LOCATION OR ADD ADDITIONAL LOCATION AS NECESSARY TO ACCOMMODATE ANY CHANGES WITHIN THE SURROUNDING
<br />AREA.
<br />18. THIS SITE CONTAINS WETLANDS THAT WERE FILLED AS PERMITTED BY DEPARTMENT OF THE ARMY, CORPS OF
<br />ENGINEERS, SEATTLE DISTRICT PERMIT NO. NWS -2020-902. A DEED FOR TRACT M (MITIGATION TRACT) AND THE
<br />APPROVED PERMIT WILL BE RECORDED SUBSEQUENT TO THE RECORDING OF THIS PLAT.
<br />19, KITTITAS COUNTY WILL NOT ACCEPT PRIVATE ROADS FOR MAINTENANCE AS PUBLIC STREETS OR ROADS UNTIL SUCH
<br />STREETS OR ROADS ARE BROUGHT INTO CONFORMANCE WITH CURRENT COUNTY ROAD STANDARDS. THIS REQUIREMENT
<br />WILL INCLUDE THE HARD SURFACE PAVING OF ANY STREET OR ROAD SURFACED ORIGINALLY WITH GRAVEL.
<br />DWG NAME: ESM8\ENGR\ESM-JOBS\410\028\005\PLOTS\FINAL\FP-P1-03.DWG
<br />SURVEYOR'S CERTIFICATE
<br />LP -06-00022
<br />E, W. M.
<br />LIP F-21 — 0001 1
<br />THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN
<br />CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST
<br />OF SSHI, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DBA D.R. HORTON IN JULY OF
<br />2021. 1 HEREBY CERTIFY THAT THIS MAP FOR BLACK HORSE AT WHISKEY CREEK IS
<br />BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE
<br />BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY
<br />THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND
<br />THAT ALL HO ZONTAL ND VERTICAL BOUNDARIES OF THE UNITS, TO THE EXTENT SUCH
<br />BOUNDARIES A E NOT �EFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN
<br />ON THE M
<br />ZACHARY T. LENJON, IfROFESSIONAL LAND SURVEYOR
<br />CERTIFICATE N0. 4492
<br />SURVEYOR'S ACKNOWLEDGMENT
<br />STATE OF WASHINGTON )
<br />SS
<br />COUNTY OF KING )
<br />ZACHARY T. LENNON, BEING FIRST ON OATH, DULY SWORN,
<br />STATES TH HE IS THE REGISTERED PROFESSIONAL LAND
<br />SURVEYOR S GI
<br />THE ABOVE CERTIFICATE, THAT HE HAS
<br />EXAMINE/T ESE PJANS AND SURVEY MAP, AND BELIEVES THE
<br />CERTIFIC T TO BEA TRUE STATEMENT.
<br />ZACHARY T. ENN
<br />PROFESSIONf LA VSURVEYOR
<br />CERTIFICATE IINO. 44925
<br />SCRIBED AND SWORN TO BEFORE ME ON THIS
<br />2021.
<br />(SIGNATURE OF NOTARY)
<br />LKK WL Ham. WAo "nw-A T
<br />(LEGIBLY PRINT OR STAMP NAME OF NOTARY)
<br />Vf DAY OF
<br />NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON,
<br />RESIDING AT J
<br />MY APPOINTMENT EXPIRES
<br />NOTES CONTINUED
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<br />20. MAINTENANCE OF THE ACCESS IS THE RESPONSIBILITY OF THE PROPERTY OWNERS
<br />WHO BENEFIT FROM ITS USE.
<br />21. AN APPROVED ACCESS PERMIT WILL BE REQUIRED FROM THE DEPARTMENT OF PUBLIC
<br />WORKS PRIOR TO CREATING ANY NEW DRIVEWAY ACCESS OR PERFORMING WORK WITHIN
<br />THE COUNTY ROAD RIGHT-OF-WAY.
<br />22. ANY FURTHER SUBDIVISION OR LOTS TO BE SERVED BY PROPOSED ACCESS MAY
<br />RESULT IN FURTHER ACCESS REQUIREMENTS. SEE KITTITAS COUNTY ROAD STANDARDS.
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