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SUNCADIA - RESORT CORE
<br />SUNCADIA SOCIAL
<br />A PORTION OF SECTION 19, T. 20 N., R. 15 E., W.M.
<br />KITTITAS COUNTY, WAS H I N GTO N
<br />TAX ID NUMBER 956000 / MAP NUMBER 20-15-19057-0004
<br />NOTES
<br />1. TRACT A OF SUNCADIA - RESORT CORE BINDING SITE PLAN NO. 1, RECORDED FEBRUARY
<br />11, 2009 IN BOOK K OF SHORT PLATS, PAGES 44 THROUGH 48, UNDER AUDITOR'S FILE NO.
<br />200902110022 (THE "BINDING SITE PLAN"), WHICH IS A SUBDIVISION OF TRACT Z-6 OF
<br />SUNCADIA PHASE 1 - DIVISION 9 RECORDED IN BOOK 11 OF PLATS, PAGES 78 THROUGH 82,
<br />RECORDS OF KITTITAS COUNTY, WASHINGTON IS BEING REPLATTED HEREIN, AND THE PLAT
<br />NOTES, EASEMENTS OR OTHERWISE SET FORTH IN THE BINDING SITE PLAN AND SAID PLAT WITH
<br />RESPECT TO SAID TRACT ARE SUPERSEDED BY THIS PLAT.
<br />2. ALL ROADS, INCLUDING ALL RIGHTS OF WAY FOR THE SAME, WITHIN THIS PLAT AND THE
<br />RESORT AND AS NOW OR SUBSEQUENTLY PLATTED, ARE PRIVATE. SUNCADIA RESERVES TO
<br />ITSELF NON-EXCLUSIVE EASEMENTS ON, OVER, AND UNDER THE PRIVATE ROADS WITHIN THIS
<br />PLAT FOR ACCESS, TRAIL, AND GOLF PURPOSES, INCLUDING WITHOUT LIMITATION SIGNS, CART
<br />PATHS, IRRIGATION SYSTEMS; THE RIGHT OF INGRESS AND EGRESS FOR THEIR CONSTRUCTION
<br />AND MAINTENANCE; AND GOLF COURSE USE AND IMPROVEMENTS; TOGETHER WITH THE RIGHT TO
<br />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
<br />SUCH ACCESS AND USE RIGHTS TO PROPERTIES OUTSIDE THE PLAT AND TO PERSONS WHO DO
<br />NOT OTHERWISE OWN PROPERTY WITHIN THE RESORT.
<br />3. SUNCADIA RESERVES TO ITSELF AND GRANTS TO SUNCADIA WATER COMPANY, LLC, SUNCADIA
<br />ENVIRONMENTAL COMPANY, LLC, SUNCADIA COMMUNITY COUNCIL AND EASTON RIDGE
<br />COMMUNICATIONS LLC, AND THEIR SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY, THE "UTILITY
<br />SERVICE PROVIDERS"), THE FOLLOWING UTILITY EASEMENTS. UPON COMPLETION OF ANY WORK,
<br />ALL DISTURBANCES TO THE SURFACE OR IMPROVEMENTS (INCLUDING, BUT NOT LIMITED TO, THE
<br />APPROVED IMPROVEMENTS AS DEFINED HEREINBELOW) SHALL BE RESTORED BY THE UTILITY
<br />COMPANY PERFORMING THE WORK TO AS GOOD OR BETTER CONDITION AS EXISTING
<br />IMMEDIATELY PRIOR TO SUCH WORK. SUNCADIA FURTHER RESERVES THE RIGHT TO GRANT
<br />ADDITIONAL NON-EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR
<br />PURPOSES. NON-EXCLUSIVE EASEMENTS OVER, UNDER AND ACROSS:
<br />(a) ALL ROADS WITHIN THIS PLAT AT SUCH LOCATIONS AND UPON SUCH CONDITIONS AS
<br />SUNCADIA SHALL DETERMINE, IN WHICH TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE
<br />AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES, TOGETHER WITH ALL
<br />REASONABLY NECESSARY OR CONVENIENT UNDERGROUND OR GROUND -MOUNTED
<br />APPURTENANCES THERETO ("FACILITIES") FOR THE PURPOSE OF SERVING THIS PLAT AND SUCH
<br />OTHER PROPERTY AS SUNCADIA SHALL APPROVE WITH WATER, SANITARY SEWER, STORM
<br />DRAINAGE, ELECTRIC, GAS, CABLE, FIBER OPTIC, TELEPHONE, TELEVISION AND SUCH OTHER
<br />UTILITY SERVICES AS SUNCADIA SHALL REQUEST;
<br />(b) THOSE PORTIONS OF THE LOTS AND TRACTS WITHIN THIS PLAT BEING TEN FEET (10.00')
<br />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
<br />SUCH ADJACENT ROADS AND TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE AND
<br />ENLARGE FACILITIES AS MAY BE REASONABLY NECESSARY; PROVIDED FURTHER, HOWEVER, WITH
<br />RESPECT TO TRACTS AC-3, AC-4, AC-5, AC-6 AND AC-7 OF THIS PLAT ("AC TRACTS 3-7),
<br />SAID EASEMENT IS SUBJECT TO THE RESPECTIVE RIGHTS OF THE OWNERS OF SAID TRACTS AND
<br />THE OWNERS LOTS 26 THROUGH 42, INCLUSIVE, OF THIS PLAT ("LOTS 26-42") TO CONSTRUCT,
<br />MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE SUCH STRUCTURES AND/OR OTHER
<br />IMPROVEMENTS AS MAY BE PERMITTED UNDER THE VILLAGE TOWNHOMES' WRIT(S) (HEREINAFTER
<br />DEFINED) AND UNDER APPLICABLE BUILDING REGULATIONS, THE DEVELOPMENT AGREEMENT,
<br />CCR'S (HEREINAFTER DEFINED) AND DESIGN GUIDELINES GOVERNING CONSTRUCTION WITHIN THE
<br />RESORT, INCLUDING, BUT NOT LIMITED TO COVERED PARKING AND/OR TRASH AND/OR STORAGE
<br />SHEDS (THE "APPROVED IMPROVEMENTS").
<br />(c) TRACTS AC-1 AND AC-2 IN WHICH TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE
<br />AND ENLARGE FACILITIES IN SUCH WIDTH, LOCATION AND CONFIGURATION AS SUNCADIA SHALL
<br />DETERMINE; AND
<br />(d) AC TRACTS 3-7 IN WHICH TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR, REPLACE AND
<br />ENLARGE SERVICE LINES RUNNING FROM THE FACILITIES TO LOTS 26-42, RESPECTIVELY, AS
<br />REASONABLY NECESSARY TO PROVIDE UTILITIES TO SUCH LOTS ("SERVICE LINES,,), ALL IN SUCH
<br />WIDTH, LOCATION AND CONFIGURATION AS SUNCADIA SHALL DETERMINE; PROVIDED, HOWEVER,
<br />SAID EASEMENTS ARE SUBJECT TO THE RIGHTS TO CONSTRUCT, MAINTAIN, OPERATE, REPAIR,
<br />REPLACE AND ENLARGE APPROVED IMPROVEMENTS AS SET FORTH HEREINABOVE.
<br />4. NOTHING IN THIS PLAT OR ANY COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS,
<br />DECLARATIONS OR OTHERWISE SHALL SUPERSEDE, AMEND OR TAKE PRECEDENCE OVER
<br />THE "AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN KITTITAS
<br />COUNTY, WASHINGTON AND SUNCADIA LLC RELATING TO THE DEVELOPMENT COMMONLY KNOWN
<br />AS SUNCADIA MASTER PLANNED RESORT" RECORDED APRIL 16, 2009, UNDER KITTITAS COUNTY
<br />AUDITORS' FILE NO. 200904160090, AS NOW OR HEREAFTER AMENDED (THE "DEVELOPMENT
<br />AGREEMENT').
<br />5. THIS PLAT IS AND SHALL BE SUBJECT TO CERTAIN COVENANTS, CONDITIONS, RESTRICTIONS,
<br />RESERVATIONS AND EASEMENTS (THE "CCR'S") AND DESIGN GUIDELINES PURSUANT TO THE
<br />DEVELOPMENT OF THE RESORT. ALL IMPROVEMENTS TO LOTS SHALL BE WITHIN THE
<br />IMPROVEMENT ENVELOPES ESTABLISHED BY SUNCADIA.
<br />6. THIS PLAT DOES NOT SHOW ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS,
<br />RESTRICTIONS OR OTHER MATTERS APPARENT OR OF RECORD AND/OR WHICH MAY BE
<br />DISCLOSED ON A POLICY OF TITLE INSURANCE.
<br />7. SUNCADIA, AS DEFINED HEREINABOVE, SHALL MEAN SUNCADIA RESORT LLC AND ITS
<br />SUCCESSORS AND ASSIGNS, IF A RECORDED INSTRUMENT EXECUTED BY SUNCADIA ASSIGNS TO
<br />A TRANSFEREE ALL OR ANY PORTION OF THE RIGHTS AND INTERESTS RESERVED TO SUNCADIA
<br />UNDER THIS PLAT.
<br />8. NOTWITHSTANDING ANY STATUS AS A COMMUNITY ASSET OR ELEMENT BENEFITING ANY OR
<br />ALL LOTS WITHIN THIS PLAT OR THE RESORT, THE BOUNDARIES OF OPEN SPACE (OS) TRACT(S)
<br />CREATED BY THIS PLAT MAY BE MODIFIED AND/OR SUCH TRACT(S) MAY BE ALTERED AS TO
<br />SIZE, SHAPE AND LOCATION BY THE THEN OWNER(S) OF SUCH TRACT(S) AS OTHERWISE
<br />ALLOWED BY APPLICABLE LAW, THE DEVELOPMENT AGREEMENT, AND THE CCR'S AND WITHOUT
<br />REQUIRING AN AMENDMENT OF THIS PLAT.
<br />9. A PORTION OF RIVERBEND LOOP IS LOCATED ON LOT 2 OF THE BINDING SITE PLAN AS
<br />DEPICTED HEREON AND, PURSUANT TO THAT CERTAIN RIVERBEND LOOP EASEMENT RECORDED
<br />CONCURRENTLY HEREWITH, IS HELD BY SUNCADIA AND ITS SUCCESSORS AND ASSIGNS UNDER
<br />THE SAME TERMS AND CONDITIONS AS ARE THE ROADS PLATTED HEREON.
<br />10. CURRENT PLANS FOR TRACTS AC-1 AND AC-2 INCLUDE, BUT ARE NOT LIMITED TO
<br />PARKING AND DRIVEWAY USES, THE NUMBER, LOCATION AND CONFIGURATION OF WHICH TO BE
<br />DETERMINED BY SUNCADIA. IN THE EVENT AND TO THE EXTENT SAID AREAS, OR ANY OF THEM,
<br />MAY BE CONSIDERED TO BE, OR MAY IN FUTURE BE DECLARED TO BE A COMMUNITY ASSET OR
<br />ELEMENT BENEFITING ANY OR ALL LOTS WITHIN THIS PLAT OR THE RESORT, THE BOUNDARIES
<br />OF SAID TRACTS MAY BE MODIFIED AND SAID TRACTS MAY BE ALTERED AS TO SIZE, SHAPE
<br />AND LOCATION BY THE THEN OWNER(S) THEREOF AS OTHERWISE ALLOWED BY APPLICABLE LAW,
<br />THE DEVELOPMENT AGREEMENT, AND THE CCR'S AND WITHOUT REQUIRING AN AMENDMENT OF
<br />THIS PLAT.
<br />11. CURRENT PLANS FOR AC TRACTS 3-7, INCLUDE, BUT ARE NOT LIMITED TO PARKING AND
<br />DRIVEWAY USES BENEFITING, RESPECTIVELY, LOTS 26-42, INCLUSIVE. MATTERS RELATIVE TO
<br />THE OWNERSHIP, RIGHTS AND RESTRICTIONS REGARDING SAID TRACTS WILL BE SET FORTH IN A
<br />SEPARATE DOCUMENT OF RECORD AND/OR THE CCR'S (COLLECTIVELY, THE "VILLAGE
<br />TOWNHOMES' WRITS)"). REFERENCE TO RECORD TITLE SHOULD BE MADE FOR SUCH FUTURE
<br />DOCUMENTATION. THE FOLLOWING LOTS ARE GRANTED NON-EXCLUSIVE EASEMENTS OVER,
<br />UNDER AND ACROSS THE NOTED AC TRACTS FOR ACCESS (INGRESS AND EGRESS), UTILITIES
<br />AND SUCH OTHER USES AS MAY BE PERMITTED UNDER THE VILLAGE TOWNHOMES' WRIT(S).
<br />NOTWITHSTANDING ANY PROVISIONS SET FORTH IN THE VILLAGE TOWNHOMES' WRITS) PERTAINING
<br />TO THE WIDTH, LOCATION AND TERMS AND CONDITIONS OF SUCH SHARED ACCESS AND UTILITIES
<br />EASEMENTS, SAID EASEMENTS SHALL BE LOCATED AND BE OF SUFFICIENT WIDTH AND LOCATION
<br />SO AS TO PROVIDE APPROPRIATE ACCESS AND UTILITIES TO EACH OF SAID LOTS. SAID LOTS
<br />ARE ALSO GRANTED THE RIGHT TO ENTER INTO AGREEMENTS (INCLUDING BUT NOT LIMITED TO,
<br />SERVICE AGREEMENTS AND EASEMENTS) WITH THE UTILITY SERVICE PROVIDERS OR OTHER
<br />ENTITIES APPROVED BY SUNCADIA TO PROVIDE UTILITIES WITHIN THE RESORT AS MAY BE
<br />REASONABLY NECESSARY TO ENABLE AND/OR AUTHORIZE SAID PROVIDERS TO CONSTRUCT,
<br />MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE SERVICE LINES WITHIN THE AC TRACT
<br />SERVING SUCH LOT:
<br />EASEMENT
<br />IN
<br />FAVOR OF:
<br />OVER, UNDER AND ACROSS:
<br />LOTS
<br />26
<br />AND
<br />27
<br />TRACT
<br />AC-3
<br />LOTS
<br />28,
<br />29
<br />AND
<br />30
<br />TRACT
<br />AC-4
<br />LOTS
<br />31,
<br />32
<br />AND
<br />33
<br />TRACT
<br />AC-5
<br />LOTS
<br />34,
<br />35,
<br />36,
<br />37 AND 38
<br />TRACT
<br />AC-6
<br />LOTS
<br />39,
<br />40,
<br />41
<br />AND 42
<br />TRACT
<br />AC-7
<br />DWG NAME: \\ESM8\ENGR\ESM-JOBS\998\960\PLOTS\SURVEY PLOTS\FP-07.DWG
<br />NOTES
<br />LP-23-00004
<br />LPF-24-00001
<br />12. CURRENT PLANS FOR TRACT COM-1 INCLUDE MIXED -USE COMMERCIAL/RETAIL AND SHALL
<br />INCLUDE PARKING AND PATHWAYS IN THE NUMBER, LOCATION AND CONFIGURATION AS MAY BE
<br />DETERMINED BY SUNCADIA. THE USES, RIGHTS, AND RESTRICTIONS OF COM-1 MAY DIFFER FROM
<br />OTHER LOTS AND/OR TRACTS WITHIN THIS PLAT AND/OR THE RESORT.
<br />13. CERTAIN LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO UTILITY EASEMENTS
<br />202001280050 AND/OR 202001280052. SOME PORTIONS, OR THE ENTIRETY, OF SOME OR ALL
<br />OF SAID EASEMENTS WILL BE TERMINATED AND/OR AMENDED PRIOR TO THE SALE OF AFFECTED
<br />PARCELS. REFERENCE TO RECORD TITLE SHOULD BE MADE FOR SUCH FUTURE DOCUMENTATION.
<br />14. THE EASEMENTS FOR CERTAIN OF THE DRIVEWAYS, PARKING AREAS AND/OR PEDESTRIAN
<br />PATHS DEPICTED ON THE BINDING SITE PLAN HAVE BEEN AMENDED AS PROVIDED IN AMENDMENTS
<br />TO NON-EXCLUSIVE EASEMENT AGREEMENT NO. 2 RECORDED FEBRUARY 11, 2009, UNDER
<br />KITTITAS COUNTY AUDITOR'S FILE NO. 200902110023 (THE "LODGE EASEMENT") AND DECLARATION
<br />OF NON-EXCLUSIVE EASEMENTS (SUNCADIA VILLAGE) RECORDED FEBRUARY 11, 2009, UNDER
<br />KITTITAS COUNTY AUDITOR'S FILE NO. 200902110024 (THE "VILLAGE EASEMENT"), WHICH
<br />AMENDMENTS ARE RECORDED CONCURRENTLY HEREWITH. THE APPROXIMATE LOCATION AND
<br />CONFIGURATION OF SOME, BUT NOT ALL, OF SAID DRIVEWAYS, PARKING AREAS AND PEDESTRIAN
<br />PATHS ARE ILLUSTRATED HEREON; PROVIDED, HOWEVER, THE ACTUAL LOCATION AND
<br />CONFIGURATION THEREOF MAY DIFFER FROM THAT SHOWN AND ARE SUBJECT TO POSSIBLE
<br />FUTURE REVISION AS PROVIDED IN THE LODGE EASEMENT AND THE VILLAGE EASEMENT AS NOW
<br />OR HEREAFTER AMENDED. DEPICTION HEREON SHALL NOT IN ANY WAY LIMIT SUNCADIA'S ABILITY
<br />TO RELOCATE, REVISE OR OTHERWISE ALTER THE CONFIGURATION OF SAME AND NO SUCH
<br />REVISION SHALL REQUIRE AN ALTERATION OF THIS PLAT. NONE OF SAID AMENITIES OR
<br />EASEMENTS ARE OR WILL BE LOCATED WITHIN LOTS 1 THROUGH 42 OF THIS PLAT.
<br />15. THE FOLLOWING LOTS AND TRACTS SHALL BE REFERRED TO AS "ZERO LOT LINE" LOTS AND
<br />THE RESIDENCES OR OTHER STRUCTURES CONSTRUCTED THEREON MAY SHARE COMMON WALLS,
<br />ROOFS OR OTHERWISE, AND SETBACK REQUIREMENTS MAY DIFFER FROM OTHER LOTS OR TRACTS
<br />WITHIN THE RESORT. MATTERS RELATIVE TO SUCH STRUCTURES SHALL BE SET FORTH IN THE
<br />CCR'S:
<br />LOTS 26 AND 27, AND TRACT AC-3
<br />LOTS 28, 29 AND 30, AND TRACT AC-4
<br />LOTS 31, 32 AND 33, AND TRACT AC-5
<br />LOTS 34, 35, 36, 37 AND 38, AND TRACT AC-6
<br />LOTS 39, 40, 41 AND 42, AND TRACT AC-7
<br />16. THE EASEMENTS GRANTED HEREINABOVE MAY BE AMENDED AND/OR RELOCATED BY THE
<br />EASEMENT HOLDER(S) AND THE THEN -OWNERS) OF THE PROPERTY BURDENED BY SUCH
<br />EASEMENT AS MAY BE REASONABLY NECESSARY WITHOUT REQUIRING AN AMENDMENT OF THIS
<br />PLAT, PROVIDED THAT ANY SUCH AMENDMENT OR RELOCATION SHALL NOT UNREASONABLY IMPAIR
<br />THE RIGHTS GRANTED HEREUNDER AND SUCH AMENDMENT SHALL BE PLACED OF RECORD.
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