Black Horse at Whiskey Creek Ph 2

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BLACK HORSE AT WHISKEY CREEK - PHASE 2 A PLAT COMMUNITY A PORTION OF THE NW 1 /4 NE 1 /4 OF SECTION 27, T 18 N, R 18 E, KITTITAS COUNTY, WASHINGTON ASSESSOR PARCEL NUMBERS 962287 TO 962292/MAP NUMBERS 18-18-27081-1017 TO 18-18-27081-1022 NOTES 1. ALL OF BLACK HORSE AT WHISKEY CREEK IS SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED UNDER AUDITOR'S FILE NO. 202112210021. AS AMENDED FROM TIME TO TIME ("DECLARATION"}. THE BLACK HORSE AT WHISKEY CREEK HOME OWNERS ASSOCIATION ("HOA") WAS ESTABLISHED, PURSUANT TO ITS ARTICLES OF INCORPORATION FILED WITH THE WASHINGTON SECRETARY OF THE STATE. THE LOT OWNERS WITHIN BLACK HORSE AT WHISKEY CREEK SHALL BE RESPONSIBLE FOR ENSURING THAT THE HOA CONTINUES TO BE A VIABLE AND FUNCTIONING LEGAL ENTITY FOR THE PURPOSES SET FORTH ON THIS PLAT AND IN THE DECLARATION. 2. A REBAR AND PLASTIC CAP MARKED "ESM LLC LS 44925/45782" SHALL BE SET AT ALL REAR LOT CORNERS AND LOT ANGLE POINTS, EXCEPT AS NOTED. THERE MAY BE INSTANCES WHERE A PK NAIL AND BRASS TAG MARKED IS 44925" ARE SET AT REAR CORNERS OR LOT ANGLE POINTS WHEN AN OBSTACLE PREVENTS SETTING A REBAR AND CAP. THE INTERSECTION OF LOT LINES WITH STREET IMPROVEMENTS SHALL BE REFERENCED BY A PK NAIL AND BRASS TAG MARKED "LS 44925" SET IN THE TOP OF CURB OR THICKENED EDGE OF ASPHALT ON THE EXTENSION OF THE LOT LINE. LOT CORNERS OR STREET MONUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND SHALL BE SET AS CONSTRUCTION IS COMPLETED. 3. THE SUBJECT PROPERTY IS WITHIN OR NEAR LAND USED FOR AGRICULTURE ON WHICH A VARIETY OF COMMERCIAL ACTIVITIES MAY OCCUR THAT ARE NOT COMPATIBLE WITH RESIDENTIAL DEVELOPMENT FOR PERIODS OF VARYING DURATION. (RCW 36, 70A.060(1)). COMMERCIAL NATURAL RESOURCE ACTIVITIES PERFORMED IN ACCORDANCE WITH COUNTY, STATE AND FEDERAL LAWS ARE NOT SUBJECT TO LEGAL ACTION AS PUBLIC NUISANCES. (RCW 7,48.305) 4. PER RCW 17.10.140 LANDOWNERS ARE RESPONSIBLE FOR CONTROLLING AND PREVENTING THE SPREAD OF NOXIOUS WEEDS. ACCORDINGLY, THE KITTITAS COUNTY NOXIOUS WEED BOARD RECOMMENDS IMMEDIATE RESEEDING OF AREAS DISTURBED BY DEVELOPMENT TO PRELUDE THE PROLIFERATION OF NOXIOUS WEEDS. 5. BUILDING SETBACKS ARE AS FOLLOWS: FRONT 15' SIDE 5' REAR 5' 6. SHOULD TWO ADJOINING LOTS BE CONSOLIDATED IN THE FUTURE AND THE LOT LINE EXTINGUISHED, THE EASEMENTS ALONG THE LINE EXTINGUISHED SHALL BE AUTOMATICALLY TERMINATED UPON THE RECORDING OF THE INSTRUMENT EXTINGUISHING SAID LINE. 7. THE APPROXIMATE LOCATION OF THE NORTHERLY LIMITS OF THE 100-YEAR FLOODPLAIN IS BASED UPON THE CURRENT FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 53037C1064D DATED SEPTEMBER 24, 2021. THE LIMITS OF THE 1DO YEAR FLOOD PLAIN ARE TO BE REVISED BY A LOMR THAT IS INTENDED TO BE APPROVED BY FEMA UPON COMPLETION OF THE CONSTRUCTION OF A DOWNSTREAM SIPHON AT THE CROSSING OF WHISKEY CREEK AND THE ELLENSBURG WATER COMPANY TOWN DITCH. THOSE LOTS THAT ARE CURRENTLY IN THE FLOOD PLAIN SHALL NOT OBTAIN BUILDING PERMITS UNTIL THE LOMR IS COMPLETED. IF THE LOMR IS NOT COMPLETED BY JULY 1, 2025, A BUILDING PERMIT ON THOSE LOTS MAY BE APPLIED FOR THAT MEETS THE CURRENT STANDARDS FOR HOME CONSTRUCTION WITHIN THE FLOODPLAIN. THE LOTS CURRENTLY LOCATED WITHIN THE FLOOD PLAIN ARE: LOTS 71 THROUGH 75, LOTS 96 THROUGH 108 AND LOTS 109 THROUGH 131, INCLUSIVE. 8. THE SCHOOL BUS STOP WILL BE LOCATED ON THE NORTH SIDE OF 29TH AVENUE COINCIDENT TO THE MAILBOX EASEMENT AS APPROVED BY THE ELLENSBURG SCHOOL DISTRICT. THE DISTRICT RETAINS THE RIGHT TO CHANGE THE LOCATION OR ADD ADDITIONAL LOCATION AS NECESSARY TO ACCOMMODATE ANY CHANGES WITHIN THE SURROUNDING AREA. 9. KITTITAS COUNTY WILL NOT ACCEPT PRIVATE ROADS FOR MAINTENANCE AS PUBLIC STREETS OR ROADS UNTIL SUCH STREETS OR ROADS ARE BROUGHT INTO CONFORMANCE WITH CURRENT COUNTY ROAD STANDARDS. THIS REQUIREMENT WILL INCLUDE THE HARD SURFACE PAVING OF ANY STREET OR ROAD SURFACED ORIGINALLY WITH GRAVEL. 10. MAINTENANCE OF THE ACCESS IS THE RESPONSIBILITY OF THE PROPERTY OWNERS WHO BENEFIT FROM ITS USE. 11. AN APPROVED ACCESS PERMIT WILL BE REQUIRED FROM THE DEPARTMENT OF PUBLIC WORKS PRIOR TO CREATING ANY NEW DRIVEWAY ACCESS OR PERFORMING WORK WITHIN THE COUNTY ROAD RIGHT-OF-WAY. 12. ANY FURTHER SUBDIVISION OR LOTS TO BE SERVED BY PROPOSED ACCESS MAY RESULT IN FURTHER ACCESS REQUIREMENTS. SEE KITTITAS COUNTY ROAD STANDARDS. 13. THE ENTIRE PLAT OF BLACK HORSE AT WHISKEY CREEK IS SUBJECT TO THAT VOLUNTARY MITIGATION AGREEMENT (VMA) BETWEEN KITTITAS COUNTY AND SSH1, LLC DBA D R HORTON THAT WAS FULLY EXECUTED ON NOVEMBER 2, 2021 AND IS ON FILE WITH KITTITAS COUNTY. THE VMA OUTLINES SPECIFIC MONITORING CRITERIA FOR THE STORMWATER SYSTEM AS WELL AS RESTRICTS CONSTRUCTION OF HOMES WITHIN THE PLATTED AREAS SOUTH OF 29TH AVENUE UNTIL DECEMBER 21, 2023. 14. TRACTS R AND S ARE GRANTED AND CONVEYED TO THE LOT OWNERS WITHIN BLACK HORSE AT WHISKEY CREEK (INCLUDING THE LOTS WITHIN THIS PLAT AND ANY LOTS TO BE CREATED IN FUTURE DEVELOPMENT TRACTS) FOR OPEN SPACE PURPOSES UPON THE RECORDING OF THIS PLAT. THE HOA IS RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACTS AND ANY OF THE IMPROVEMENTS CONTAINED THEREIN, WITH THE EXCEPTION OF THOSE UTILITIES OWNED AND MAINTAINED BY UTILITY PROVIDERS. 15. THE PLAT OF BLACK HORSE AT WHISKEY CREEK IS SUBJECT TO THAT MINOR ALTERATION DETERMINATION AS APPROVED BY KITTITAS COUNTY ON FEBRUARY 16, 2021. THE AMENDED PHASING TABLE BASED ON THAT APPROVAL IS PROVIDED BELOW: BLACK HORSE O WHISKEY CREEK AMENDED PHASING, DATED 2-9-21 PHASE 1 IDENTIFIED LOTS WITHIN PHASE 1 PHASE 1 NOTES: LOTS 136-145 ALL ROADS WILL BE DEDICATED. ALL PONDS WILL BE ONLINE TRIGGERING THE BEGINNING OF THE MONITORING PERIOD. LOTS 198-216 LOTS 237-256 LOTS 277-296 LOTS 344-354 PHASE 2 IDENTIFIED LOTS WITHIN PHASE 2 PHASE 2 NOTES: LOTS 146-177 ALL ROADS TRIGGERING WILL BE DEDICATED. ALL PONDS WILL BE ONLINE THE BEGINNING OF THE MONITORING PERIOD. LOTS 178-197 LOTS 217-229 LOTS 232-236 LOTS 257-261 LOTS 264-275 LOTS 297-314 LOTS 315-343 PHASE 3 IDENTIFIED LOTS WITHIN PHASE 3 PHASE 3 NOTES: LOTS 59-69 ALL ROADS WILL BE DEDICATED. NO RECORDING OF PLAT/PLATS SOUTH OF 29TH AVENUE FOR 2 YRS FROM THE FINAL PLAT RECORDING OF PHASE 1. LOTS 78-92 LOTS 133-135 PHASE 4 IDENTIFIED LOTS WITHIN PHASE 4 PHASE 4 NOTES: LOTS 1-46 ALL ROADS WILL BE DEDICATED. ANY RECORDING OF FINAL PLAT/PLATS IS DEPENDENT UPON MONITORING AND PERFORMANCE CRITERIA PER MITIGATION AGREEMENT. LOTS 47-58 PHASE 5 IDENTIFIED LOTS WITHIN PHASE 5 PHASE 5 NOTES: LOTS 70-77 ALL ROADS PLAT/PLATS WILL BE DEDICATED. IS DEPENDENT UPON ANY RECORDING OF FINAL THE REMOVAL OF FLOODPLAIN. LOTS 93-108 LOTS 109-132 W.M. LP-06-00022 LPF-23-00004 DWG NAME: ESM8\ENGR\ESM-JOBS\410\028\005\PLOTS\FINAL\FP-P2-03.DWG