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SUNCADIA - PHASE 3 DIVISION 17
<br />(TUMBLE CREEK)
<br />A PORTION OF SECTION 15, T. 20 N., R. 14 E., W.M.
<br />KITTITAS COUNTY, WASHINGTON
<br />ASSESSOR MAP NUMBERS 20-14-15000-0002 AND 20-14-15000-0005 (PARCEL NUMBERS 11833 AND 16212)
<br />EASEMENTS AND NOTES
<br />1. 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. SUNCADIA RESERVES TO ITSELF NON-EXCLUSIVE EASEMENTS
<br />ON, OVER, AND UNDER THE PRIVATE ROADS WITHIN THIS PLAT FOR ACCESS, TRAIL AND SOLE PURPOSES,
<br />INCLUDING WITHOUT LIMITATION SIGNS, CART PATHS, IRRIGATION SYSTEMS; THE RIGHT OF INGRESS AND EGRESS
<br />FOR THEIR CONSTRUCTION AND MAINTENANCE; AND GOLF COURSE USE AND IMPROVEMENTS; TOGETHER WITH
<br />THE RIGHT TO GRANT ADDITIONAL NON-EXCLUSIVE EASEMENTS ON, OVER AND UNDER SUCH ROADS TO THIRD
<br />PARTIES FOR THE SAME OR SIMILAR PURPOSES; AND TOGETHER WITH THE RIGHT TO GRANT SUCH ACCESS AND
<br />USE RIGHTS TO PROPERTIES OUTSIDE THE PLAT AND TO PERSONS WHO DO NOT OTHERWISE OWN PROPERTY
<br />WITHIN THE RESORT.
<br />2. SUNCADIA RESERVES TO ITSELF A UTILITY
<br />SEWER, DRAINAGE, POWER, CABLE, FIBER OPTI
<br />PROPERTY LINE OF ALL LOTS Al
<br />CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLA
<br />WIRES, TOGETHER WITH ALL REASONABLY NEC
<br />APPURTENANCES THERETO ('FACILITIES') FOR
<br />PROPERTY AS SUNCADIA SHALL APPROVE. U
<br />SURFACE OR. IMPROVEMENTS SHALL BE RESTO
<br />BETTER CONDITION AS EXISTING IMMEDIATELY PI
<br />BE TEN FEET (10.00') AS TO THE FRONT F
<br />PROPERTY LINES COMMON WITH ANOTHER LOT
<br />THE RIGHT TO GRANT ADDITIONAL NON-EXCLU:
<br />PURPOSES,
<br />IING WITHOUT LIMITATION, WATER, SANITARY
<br />DMMUNICATIONS FACILITIES) ADJOINING EACH
<br />"HIN THIS PLAT IN WHICH TO
<br />JDERGROUND PIPES, CONDUITS, CABLES AND
<br />IENT UNDERGROUND OR GROUND -MOUNTED
<br />SERVING THIS PLAT AND SUCH OTHER
<br />F ANY WORK, ALL DISTURBANCES TO THE
<br />PERFORMING THE WORK TO AS GOOD OR
<br />THE WIDTH OF SUCH EASEMENT SHALL
<br />f LINES AND FIVE FEET (5.00') ON SIDE
<br />THIS PLAT. SUNCADIA FURTHER RESERVES
<br />THIRD PARTIES FOR THE SAME OR SIMILAR
<br />3. SUNCADIA RESERVES TO ITSELF AND GRANTS TO SUNCADIA WATER COMPANY, LLC, .SUNCADIA
<br />ENVIRONMENTAL COMPANY, LLC, SUNCADIA COMMUNITY COUNCIL AND EASTON RIDGE COMMUNICATIONS LLC, AND
<br />THEIR SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY, THE 'UTILITY SERVICE PROVIDERS'), A NON-EXCLUSIVE
<br />EASEMENT UNDER AND UPON ALL ROADS WITHIN THIS PLAT, TRACT AC -1, AND THOSE PORTIONS OF LOTS
<br />17-20, 17-26 AND 17-27 IDENTIFIED HEREIN AS 35' STORM DRAINAGE EASEMENT, ALL AT SUCH LOCATIONS
<br />AND UPON SUCH CONDITIONS AS SUNCADIA SHALL DETERMINE, IN WHICH TO CONSTRUCT, MAINTAIN, OPERATE,
<br />REPAIR, REPLACE AND ENLARGE FACILITIES FOR THE PURPOSE OF SERVING THIS PLAT AND SUCH OTHER
<br />PROPERTY AS SUNCADIA SHALL APPROVE WITH WATER, SANITARY SEWER, STORM DRAINAGE, ELECTRIC, GAS,
<br />TELEPHONE, TELEVISION AND SUCH OTHER UTILITY SERVICES AS SUNCADIA SHALL REQUEST. SUNCADIA
<br />FURTHER GRANTS TO THE UTILITY SERVICE PROVIDERS A NON-EXCLUSIVE EASEMENT FOR THE RIGHT TO ENTER
<br />UPON THOSE PORTIONS OF THE LOTS AND TRACTS WITHIN THIS PLAT BEING TEN FEET (10.00') IN WIDTH AND
<br />LYING PARALLEL WITH AND ADJOINING ALL ROADS WITHIN THE RESORT NOW OR HEREAFTER PLATTED AND/OR
<br />CONSTRUCTED, AND TRACT AC -1 FOR THE PURPOSE OF PERFORMING WORK IN SUCH ADJACENT ROADS
<br />AND/OR TRACT AND TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE FACILITIES. UPON
<br />COMPLETION OF ANY WORK, ALL DISTURBANCES TO THE SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY
<br />THE UTILITY COMPANY PERFORMING THE WORK TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY
<br />PRIOR TO SUCH WORK. SUNCADIA FURTHER RESERVES THE RIGHT TO GRANT ADDITIONAL NON-EXCLUSIVE
<br />EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR PURPOSES.
<br />4. 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 AUDITORS'' FILE NO. 20090416009Q, AS NOW OR HEREAFTER
<br />AMENDED (THE 'DEVELOPMENT AGREEMENT').
<br />5. 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 />SUNCADIA.
<br />6. SUNCADIA, AS DEFINED HEREINABOVE, SHALL MEAN SUNCADIA RESORT LLC AND ITS SUCCESSORS. AND
<br />ASSIGNS, IF A RECORDED INSTRUMENT EXECUTED BY SUNCADIA ASSIGNS TO A TRANSFEREE ALL OR ANY
<br />PORTION OF THE RIGHTS AND INTERESTS RESERVED TO SUNCADIA UNDER THIS PLAT.
<br />7. NOTWITHSTANDING ANY STATUS AS A COMMUNITY ASSET OR ELEMENT BENEFITING ANY OR ALL LOTS WITHIN
<br />THIS PLAT, THE BOUNDARIES OF OPEN SPACE (OS) TRACT(S) CREATED BY THIS PLAT MAY BE MODIFIED
<br />AND/OR SUCH TRACT(S) MAY BE ALTERED AS TO SIZE, SHAPE AND LOCATION BY THE THEN OWNER(S) OF
<br />SUCH TRACT(S) AS OTHERWISE ALLOWED BY APPLICABLE LAW, THE DEVELOPMENT AGREEMENT, AND THE CCR'S
<br />AND WITHOUT REQUIRING AN AMENDMENT OF THIS PLAT.
<br />8, LOTS 17-64, 17-65 AND 17-66 ARE GRANTED A NON-EXCLUSIVE EASEMENT FOR ACCESS (INGRESS AND
<br />EGRESS) AND UTILITIES OVER, UNDER AND ACROSS TRACT AC -1, THE EXACT WIDTH AND LOCATION OF WHICH
<br />SHALL BE AGREED UPON BY 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 17-64, 17-65 AND 17-66.
<br />9. 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, 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 -6.
<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
<br />NO. 200410050015, AS NOW OR HEREAFTER AMENDED (THE `TUMBLE CREEK EASEMENT') AND SHALL BE
<br />SUBJECT TO THE TERMS AND CONDITIONS THEREIN. THE TUMBLE CREEK EASEMENT IS HEREBY AMENDED TO
<br />ADD THIS PLAT AS A BENEFITED PROPERTY THEREUNDER.
<br />11. 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
<br />NO. 20041 00 5001 2, AS NOW OR HEREAFTER AMENDED (THE 'JENKINS DRIVE EASEMENT') AND SHALL BE
<br />SUBJECT TO THE TERMS AND CONDITIONS THEREIN. THE JENKINS DRIVE EASEMENT IS HEREBY AMENDED TO
<br />ADD THIS PLAT AS A BENEFITED PROPERTY THEREUNDER. DUE TO TOPOGRAPHY AND CONSTRUCTION ACTIVITIES
<br />WITHIN AND WITHOUT THIS PLAT, ACCESS TO LOTS AND TRACTS VIA JENKINS DRIVE WILL BE FURTHER
<br />RESTRICTED PURSUANT TO THAT CERTAIN JENKINS DRIVE TRAFFIC SAFETY PLAN DATED OCTOBER 5, 2004, A
<br />COPY OF WHICH IS ON FILE WITH KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AND WITH THE RESORT
<br />AND WHICH MAY BE AMENDED AND/OR RELEASED AS TO PORTIONS OR ALL OF JENKINS DRIVE UPON APPROVAL
<br />BY 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 />12. UTILITIES SERVING THIS PLAT SHALL BE AS PROVIDED UNDER THE TERMS AND CONDITIONS OF THAT CERTAIN
<br />TUMBLE CREEK UTILITY EASEMENT RECORDED UNDER KITTITAS COUNTY AUDITOR'S FILE NO. 200410050013, AS
<br />NOW OR HEREAFTER AMENDED, AND THAT CERTAIN RESERVOIR UTILITY EASEMENT RECORDED UNDER KITTITAS
<br />COUNTY AUDITOR'S FILE NO. 200410050014, AS NOW OR HEREAFTER AMENDED. SAID DOCUMENTS, AND EACH
<br />OF THEM ARE HEREBY AMENDED TO ADD THIS PLAT AS A BENEFITED PROPERTY THEREUNDER.
<br />13. DUE TO LANDSLIDE HAZARDS, CONSTRUCTION OF STRUCTURES AND PLACEMENT OF ANY OTHER
<br />IMPROVEMENTS WITHIN SLOPE SETBACK AREAS IS PROHIBITED OR RESTRICTED PURSUANT TO PROVISIONS OF
<br />THE COUNTY CONDITIONS OF APPROVAL CONTAINED IN THE DEVELOPMENT AGREEMENT, THE VILLAGE DESIGN
<br />REVIEW COMMITTEE CRITERIA AND THE COWS, ALL AS AMENDED. LOTS 17-1 AND 17-2 IN PARTICULAR WILL,
<br />OR MAYBE, SUBJECT TO STEEP SLOPE SETBACK AREAS AS DISCLOSED AND PROVIDED IN A DOCUMENT
<br />RECORDED SUBSEQUENT TO THIS PLAT.
<br />14. DUE TO WETLANDS LOCATED WITHIN OR ADJACENT TO THIS PLAT, ANY GROUND DISTURBING ACTIVITY WITHIN
<br />WETLAND SETBACK AREAS SHOWN ON THIS PLAT 15 CONDITIONED, RESTRICTED OR PROHIBITED PURSUANT TO
<br />PROVISIONS OF THE COUNTY CONDITIONS OF APPROVAL AS CONTAINED. IN THE DEVELOPMENT AGREEMENT, THE
<br />VILLAGE DESIGN REVIEW COMMITTEE CRITERIA AND THE COWS, ALL AS AMENDED.
<br />15. ANY GROUND DISTURBING ACTIVITY WITHIN ANY CULTURAL RESOURCE BUFFER SHOWN ON THIS PLAT IS
<br />CONDITIONED, RESTRICTED OR PROHIBITED PURSUANT TO PROVISIONS OF THE COUNTY CONDITIONS OF
<br />APPROVAL AS CONTAINED IN THE DEVELOPMENT AGREEMENT, THE VILLAGE DESIGN REVIEW COMMITTEE CRITERIA
<br />AND THE COWS, ALL AS AMENDED,
<br />16. 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 />17. 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 />DWG NAME: A\ESM8\ENGR\ESM-JOBSV998\807V020\SURVEY PLOTSVP3DI7-FP-14.DWG
<br />LP -21-00002
<br />LPF-22-00002
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