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SUNCADIA - PHASE 2 DIVISION 8 �
<br />A PORTION OF SECTIONS 1 1 , 13 AND 14, T. 20 N., R. 14 E., W.M.
<br />KITTITAS COUNTY, WASHINGTON
<br />TAX ID NUMBERS 16198, 11894, 770236, 16194, 11839, 16210, 11840, 1 1841 , 11842, 962676 AND 962679
<br />EASEMENTS AND NOTES
<br />1. TRACT Z-3 OF THE PLAT OF SUNCADIA PHASE 2 DIVISION 7, BLOCK 1 RECORDED IN BOOK 13
<br />OF PLATS, PAGES 244 THROUGH 258, IS BEING REPLATTED HEREIN, AND THE PLAT NOTES,
<br />EASEMENTS OR OTHERWISE SET FORTH IN SAID PLAT WITH RESPECT TO SAID TRACT ARE SUPERSEDED
<br />BY THIS PLAT.
<br />2. ALL ROADS, INCLUDING ALL RIGHTS OF WAY FOR THE SAME, WITHIN THIS PLAT AND THE RESORT
<br />AND AS NOW OR SUBSEQUENTLY PLATTED, ARE PRIVATE. SUNCADIA RESERVES TO ITSELF
<br />NON-EXCLUSIVE EASEMENTS ON, OVER, AND UNDER THE PRIVATE ROADS WITHIN THIS PLAT FOR
<br />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
<br />GOLF COURSE USE AND IMPROVEMENTS; TOGETHER WITH THE RIGHT TO GRANT ADDITIONAL
<br />NON-EXCLUSIVE EASEMENTS ON, OVER AND UNDER SUCH ROADS TO THIRD PARTIES FOR THE SAME
<br />OR SIMILAR PURPOSES; AND TOGETHER WITH THE RIGHT TO GRANT SUCH ACCESS AND USE RIGHTS
<br />TO PROPERTIES OUTSIDE THE PLAT AND TO PERSONS WHO DO NOT OTHERWISE OWN PROPERTY WITHIN
<br />THE RESORT,
<br />3. 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
<br />CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE UNDERGROUND
<br />PIPES, CONDUITS, CABLES AND WIRES, TOGETHER WITH ALL REASONABLY NECESSARY OR CONVENIENT
<br />UNDERGROUND OR GROUND -MOUNTED APPURTENANCES THERETO ("FACILITIES") FOR THE PURPOSE OF
<br />SERVING THIS PLAT AND SUCH OTHER PROPERTY AS SUNCADIA SHALL APPROVE. UPON COMPLETION
<br />OF ANY WORK, ALL DISTURBANCES TO THE SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY THE
<br />PARTY PERFORMING THE WORK TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR
<br />TO SUCH WORK. THE WIDTH OF SUCH EASEMENT SHALL BE TEN FEET (10.00') AS TO THE FRONT
<br />AND REAR PROPERTY LINES AND FIVE FEET (5.00') ON SIDE PROPERTY LINES COMMON WITH ANOTHER
<br />LOT OR TRACT WITHIN THIS PLAT. SUNCADIA FURTHER RESERVES THE RIGHT TO GRANT ADDITIONAL
<br />NON-EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR PURPOSES.
<br />4. 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, AND THEIR SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY, THE `UTILITY SERVICE PROVIDERS"), A
<br />NON-EXCLUSIVE EASEMENT UNDER AND UPON ALL ROADS WITHIN THIS PLAT, ALL AT SUCH LOCATIONS
<br />AND UPON SUCH CONDITIONS AS SUNCADIA SHALL DETERMINE, IN WHICH TO CONSTRUCT, MAINTAIN,
<br />OPERATE, REPAIR, REPLACE AND ENLARGE FACILITIES FOR THE PURPOSE OF SERVING THIS PLAT AND
<br />SUCH OTHER PROPERTY AS SUNCADIA SHALL APPROVE WITH WATER, SANITARY SEWER, STORM
<br />DRAINAGE, ELECTRIC, GAS, TELEPHONE, TELEVISION AND SUCH OTHER UTILITY SERVICES AS SUNCADIA
<br />SHALL REQUEST. SUNCADIA FURTHER GRANTS TO THE UTILITY SERVICE PROVIDERS A NON-EXCLUSIVE
<br />EASEMENT FOR THE RIGHT TO ENTER UPON THOSE PORTIONS OF THE LOTS AND TRACTS WITHIN THIS
<br />PLAT BEING TEN FEET (10.00') IN WIDTH AND LYING PARALLEL WITH AND ADJOINING ALL ROADS
<br />WITHIN THE RESORT NOW OR HEREAFTER PLATTED AND/OR CONSTRUCTED FOR THE PURPOSE OF
<br />PERFORMING WORK IN SUCH ADJACENT ROADS AND TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR,
<br />REPLACE AND ENLARGE FACILITIES. UPON COMPLETION OF ANY WORK, ALL DISTURBANCES TO THE
<br />SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY THE UTILITY COMPANY PERFORMING THE WORK
<br />TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR TO SUCH WORK. SUNCADIA
<br />FURTHER RESERVES THE RIGHT TO GRANT ADDITIONAL NON-EXCLUSIVE EASEMENTS TO THIRD PARTIES
<br />FOR THE SAME OR SIMILAR PURPOSES.
<br />5. SUNCADIA RESERVES TO ITSELF AND GRANTS TO SUNCADfA ENVIRONMENTAL COMPANY, LLC AND
<br />SUNCADIA WATER COMPANY, LLC, RESPECTIVELY, AND THEIR SUCCESSORS AND/OR ASSIGNS, A
<br />NON-EXCLUSIVE EASEMENT UNDER AND UPON THOSE PORTIONS OF LOTS 61, 62, 63 AND 64
<br />IDENTIFIED HEREON AS 30' SANITARY SEWER EASEMENT, THOSE PORTIONS OF LOTS 6 AND 7
<br />IDENTIFIED HEREON AS 10' SANITARY SEWER EASEMENT, AND THOSE PORTIONS OF TRACT AC -1 AND
<br />TRACT S-3 BEING 20.00 FEET IN WIDTH AND LYING 10.00 FEET EACH SIDE OF THE SANITARY SEWER
<br />AND WATER FACILITIES, RESPECTIVELY, AS CONSTRUCTED WITHIN SAID TRACTS, IN WHICH TO
<br />CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE FACILITIES FOR THE PURPOSE OF
<br />SERVING THIS PLAT AND SUCH OTHER PROPERTY AS SUNCADIA SHALL APPROVE WITH SANITARY SEWER
<br />AND WATER, AS THE CASE MAY BE. UPON COMPLETION OF ANY WORK, ALL DISTURBANCES TO THE
<br />SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY THE UTILITY COMPANY PERFORMING THE WORK
<br />TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR TO SUCH WORK. SUNCADIA
<br />FURTHER RESERVES THE RIGHT TO GRANT ADDITIONAL NON-EXCLUSIVE EASEMENTS TO THIRD PARTIES
<br />FOR THE SAME OR SIMILAR PURPOSES.
<br />6. SUNCADIA RESERVES TO ITSELF AND GRANTS TO SUNCADIA COMMUNITY COUNCIL, AND ITS
<br />SUCCESSORS AND/OR ASSIGNS, A NON-EXCLUSIVE EASEMENT UNDER AND UPON THAT PORTION OF
<br />LOT 21 IDENTIFIED HEREON AS 10' STORM DRAINAGE EASEMENT, IN WHICH TO CONSTRUCT, MAINTAIN,
<br />OPERATE, REPAIR, REPLACE AND ENLARGE DITCHES, SWALES, DRAINS, INFILTRATION GALLERIES AND
<br />UNDERGROUND PIPES TOGETHER WITH ALL REASONABLY NECESSARY OR CONVENfENT UNDERGROUND
<br />OR GROUND -MOUNTED APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THE SUNCADIA
<br />PROPERTY AND/OR SUCH OTHER PROPERTY AS GRANTOR SHALL APPROVE WITH STORM DRAINAGE
<br />FACILITIES; TOGETHER WITH REASONABLE RIGHTS OF INGRESS TO AND EGRESS FROM SAID EASEMENT
<br />OVER AND ACROSS SUCH PORTIONS OF SAID LOT 21 AS THE THEN -OWNER THEREOF MAY
<br />REASONABLY DESIGNATE OR APPROVE FROM TIME TO TIME. UPON COMPLETION OF ANY WORK, ALL
<br />DISTURBANCES TO THE SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY THE UTILITY COMPANY
<br />PERFORMING THE WORK TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR TO
<br />SUCH WORK. SUNCADIA FURTHER RESERVES THE RIGHT TO GRANT ADDITIONAL NON-EXCLUSIVE
<br />EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR PURPOSES. NO USE OF SAID LOT 21
<br />SHALL INTERFERE WITH THE USE OF SAID STORM DRAINAGE EASEMENT OR THE OPERATION OF THE
<br />STORM DRAINAGE SYSTEM INCLUDING, BUT NOT LIMITED TO, THE PLACEMENT OR USE, WHETHER
<br />TEMPORARY OR PERMANENT, OF FENCES, TREES OR OTHER VEGETATION, STRUCTURES OF ANY KIND,
<br />ANYTHING THAT PENETRATES OR IS MAINTAINED BELOW THE SURFACE OF THE STORM DRAINAGE
<br />EASEMENT, NOR SHALL ANY OTHER ACTION OR IMPEDIMENT BE TAKEN OR MADE THAT MAY DAMAGE OR
<br />OBSTRUCT THE CONSTRUCTION, MAINTENANCE OR OPERATION OF THE STORM DRAINAGE SYSTEM OR
<br />OTHERWISE PREVENT OR LIMIT IMMEDIATE AND REASONABLE ACCESS TO SAID SYSTEM.
<br />7. NOTHING IN THIS PLAT OR ANY OVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DECLARATIONS
<br />OR OTHERWISE SHALL SUPERSEDE, AMEND OR TAKE PRECEDENCE OVER THE "AMENDED AND RESTATED
<br />DEVELOPMENT AGREEMENT BY AND BETWEEN KITTITAS COUNTY, WASHINGTON AND SUNCADIA LLC
<br />RELATING TO THE DEVELOPMENT COMMONLY KNOWN AS SUNCADIA MASTER PLANNED
<br />RESORT" RECORDED APRIL 16, 2009, UNDER KITTITAS COUNTY AUDITORS' FILE NO. 200904160090, AS
<br />NOW OR HEREAFTER AMENDED (THE "DEVELOPMENT AGREEMENT").
<br />8. THIS PLAT IS AND SHALL BE SUBJECT TO CERTAIN COVENANTS, CONDITIONS, RESTRICTIONS,
<br />RESERVATIONS AND EASEMENTS ("CCR'S") AND DESIGN GUIDELINES PURSUANT TO THE DEVELOPMENT
<br />OF THE RESORT AND MAY ALSO BE SUBJECT TO OTHER MATTERS APPARENT OR OF RECORD WHICH
<br />ARE NOT SPECIFICALLY DISCLOSED ON THIS PLAT. ALL IMPROVEMENTS TO LOTS SHALL BE WITHIN
<br />THE IMPROVEMENT ENVELOPES ESTABLISHED BY SUNCADIA.
<br />9. SUNCADIA, AS DEFINED HEREINABOVE, SHALL MEAN SUNCADIA RESORT LLC AND ITS SUCCESSORS
<br />AND ASSIGNS, IF A RECORDED INSTRUMENT EXECUTED BY SUNCADIA ASSIGNS TO A TRANSFEREE ALL
<br />OR ANY PORTION OF THE RIGHTS AND INTERESTS RESERVED TO SUNCADIA UNDER THIS PLAT.
<br />10. NOTWITHSTANDING ANY STATUS AS A COMMUNITY ASSET OR ELEMENT BENEFITING ANY OR ALL
<br />LOTS WITHIN THIS PLAT, THE BOUNDARIES OF OPEN SPACE (OS) TRACT(S), ACCESS (AC) TRACTS(S)
<br />AND/OR SERVICE (S) TRACTS CREATED BY THIS PLAT MAY BE MODIFIED AND/OR SUCH TRACT(S) MAY
<br />BE ALTERED AS TO SIZE, SHAPE AND LOCATION BY THE THEN OWNER(S) OF SUCH TRACT(S) AS
<br />OTHERWISE ALLOWED BY APPLICABLE LAW, THE DEVELOPMENT AGREEMENT, AND THE CCR'S AND
<br />WITHOUT REQUIRING AN AMENDMENT OF THIS PLAT. FURTHER, SUNCADIA SPECIFICALLY RESERVES THE
<br />RIGHT TO REPLAT TRACT OS -5, OS -7, AND FUTURE DEVELOPMENT TRACT Z-1. TRACT OS -7 MAY BE
<br />IMPROVED WITH RECREATIONAL AMENITIES, SUCH AS A COMMUNITY BUILDING AND POOL. THE
<br />MAINTENANCE OBLIGATIONS AND IDENTIFICATION OF THE BENEFITED LOTS WILL BE ESTABLISHED AFTER
<br />CONSTRUCTION.
<br />11. LOTS 36, 37 AND 38 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
<br />WHICH SHALL BE AGREED UPON BY SUNCADIA AND THE LOT OWNER(S) AT SUCH TIME AS APPLICATION
<br />FOR CONSTRUCTION IS SUBMITTED TO THE DESIGN REVIEW COMMITTEE PURSUANT TO THE CCR'S.
<br />PROVIDED, HOWEVER, SAID EASEMENT SHALL BE LOCATED AND BE OF SUFFICIENT WIDTH AND LOCATION
<br />SO AS TO PROVIDE APPROPRIATE ACCESS AND UTILITIES TO EACH OF SAID LOTS 36, 37 AND 38.
<br />12. THE ROSLYN WATER LINE EASEMENT RECORDED UNDER KITTITAS COUNTY AUDITOR'S FILE
<br />NO. 76742 PRESENTLY AFFECTS LOTS 1, 2, 70, 71 AND 72, TRACTS OS -1, S-1, OS -3 OS -4,
<br />OS -5, Z-1, SWIFTWATER DRIVE, HIGHLAND RIDGE WAY, AND PLATEAU LOOP, AND OTHER LAND.
<br />PURSUANT TO "WATER LINE RELOCATION AND CONSTRUCTION AGREEMENT" BETWEEN SUNCADIA AND
<br />THE CITY OF ROSLYN, THOSE PORTIONS OF SAID EASEMENT AND THE WATERLINE REFERENCED THEREIN
<br />WHICH ARE WITHIN THE RESORT ARE BEING RELOCATED IN PHASES TO ACCOMMODATE THE PHASED
<br />DEVELOPMENT OF THE RESORT; THE INTENT BEING TO RELOCATE THE WATERLINE TO THE ROADS AND
<br />CLEAR THE EASEMENT FROM THE LOTS AND TRACTS TO THE EXTENT POSSIBLE. "AMENDMENT OF
<br />EASEMENT" RECORDED UNDER KITTITAS COUNTY AUDITOR'S FILE NO. 200810100004 ADDRESSES THE
<br />COMPLETION OF THE FIRST PHASE OF SUCH RELOCATION AND, UPON COMPLETION OF EACH
<br />SUCCESSIVE PHASE, ADDITIONAL AMENDMENTS WILL BE RECORDED IDENTIFYING THE NEW LOCATION OF
<br />SAID WATERLINE.
<br />13. FUTURE DEVELOPMENT TRACT Z-1 IS CREATED FOR FUTURE DEVELOPMENT AND/OR SUBDIVISION,
<br />THE USES, RIGHTS, AND RESTRICTIONS OF WHICH - AND OF TRACT OS -5 IN THE EVENT THE SAME IS
<br />REPLATTED WITH SAID TRACT Z-1 - MAY DIFFER FROM OTHER LOTS AND/OR TRACTS WITHIN THIS
<br />PLAT AND/OR THE RESORT.
<br />DWG NAME: A\ESM8\ENGR\ESM-JOBS\998\883\022\SURVEY PL0TS\P2D8-FP-13.DWG
<br />LP -22-00005
<br />LPF-23-00001
<br />14. PURSUANT TO THE PROVISIONS CONTAINED IN THAT CERTAIN "DECLARATION OF COVENANT FOR CLE
<br />ELUM RIVER CORRIDOR OPEN SPACE AREA MOUNTAINSTAR MASTER PLANNED RESORT" RECORDED
<br />AUGUST 21, 2003, UNDER KITTITAS COUNTY AUDITOR'S FILE NO. 200308210003, 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 TRACTS OS -2 AND OS -6.
<br />15. PURSUANT TO THE PROVISIONS CONTAINED IN THAT CERTAIN "NATURAL OPEN SPACE GRANT OF
<br />CONSERVATION EASEMENT (RESTATED)" RECORDED DECEMBER 1 1 , 2015, UNDER KITTITAS COUNTY
<br />AUDITOR'S FILE NO. 201512110029, SUNCADIA HEREBY DEFINES THAT PORTION OF THE BOUNDARY OF
<br />THE NATURAL OPEN SPACE WHICH IS WITHIN THE PROPERTY PLATTED HEREUNDER TO BE OPEN SPACE
<br />TRACT OS -1.
<br />16. DUE TO LANDSLIDE HAZARDS, CONSTRUCTION OF STRUCTURES AND PLACEMENT OF ANY OTHER
<br />IMPROVEMENTS WITHIN SLOPE SETBACK AREAS IS PROHIBITED OR RESTRICTED, AND ON LOTS 7
<br />THROUGH 38 AND ON LOTS 61 THROUGH 72, INCLUSIVE IN PARTICULAR, PURSUANT TO PROVISIONS OF
<br />THE COUNTY CONDITIONS OF APPROVAL CONTAINED IN THE DEVELOPMENT AGREEMENT, APPLICABLE
<br />DESIGN REVIEW COMMITTEE CRITERIA AND THE CCR'S. ALL AS AMENDED.
<br />17. 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
<br />SUCH AMENDMENT SHALL BE PLACED OF RECORD.
<br />18. THIS PLAT DOES NOT SHOW ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS,
<br />RESTRICTIONS OR OTHER MATTERS APPARENT OR OF RECORD WHICH MAY BE DISCLOSED ON A POLICY
<br />OF TITLE INSURANCE.
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