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NELSON STREAM
<br />SUNCADIA - PHASE 2 DIVISION 7
<br />A REPLAT OF
<br />LOTS 89
<br />THROUGH
<br />102
<br />OF
<br />BLOCK
<br />2
<br />A PORTION OF
<br />SECTION
<br />13, T. 20
<br />N.,
<br />R.
<br />14 E.,
<br />W.M.
<br />KITTITAS COUNTY, WASHINGTON
<br />TAX ID NUMBERS 963337 THROUGH 963350
<br />ASSESSOR MAP NUMBERS 20-14-13052-0089 THROUGH 2O-14-13052-0102
<br />EASEMENTS AND NOTES
<br />1. LOTS 89 THROUGH 102, INCLUSIVE, OF THE PLAT
<br />OF SUNCADIA PHASE 2 DIVISION 7
<br />BLOCK 2
<br />RECORDED IN BOOK 14 OF PLATS, PAGES 62 THROUGH
<br />71, ARE BEING
<br />REPLATTED HEREIN,
<br />AND THE
<br />PLAT NOTES, EASEMENTS OR OTHERWISE SET FORTH IN
<br />SAID PLAT WITH
<br />RESPECT TO SAID
<br />LOTS ARE
<br />SUPERSEDED BY THIS PLAT. SUNCADIA SPECIFICALLY TERMINATES THE 5'
<br />UTILITY EASEMENT
<br />AFFECTING
<br />THE SIDE PROPERTY LINES OF SAID LOTS 89 THROUGH
<br />102 AS RESERVED
<br />ON SAID PLAT IN
<br />FAVOR OF
<br />THE UTILITY EASEMENTS RESERVED HEREON.
<br />2. ALL ROADS, INCLUDING ALL RIGHTS OF WAY FOR THE SAME, WITHIN THE SUNCADIA MASTER
<br />PLANNED RESORT (THE "RESORT') AS DESCRIBED IN THE DEVELOPMENT AGREEMENT (HEREINAFTER
<br />DEFINED) AND AS NOW OR SUBSEQUENTLY PLATTED, ARE PRIVATE AND ARE SUBJECT TO SUCH
<br />COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, AND OTHERWISE AS ARE SET FORTH IN VARIOUS
<br />DOCUMENTS OF RECORD, INCLUDING, BUT NOT LIMITED, TO CCR'S (HEREINAFTER DEFINED) AND
<br />RECORDED PLATS WITHIN THE RESORT. ACCESS TO THE LOTS AND TRACTS HEREIN IS OBTAINED VIA
<br />SUCH PLATTED ROADS WITHIN 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 CONSTRUCT,
<br />MAINTAIN, OPERATE, REPAIR, REPLACE AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND
<br />WIRES, TOGETHER WITH ALL REASONABLY NECESSARY OR CONVENIENT UNDERGROUND OR
<br />GROUND -MOUNTED APPURTENANCES THERETO ("FACILITIES") FOR THE PURPOSE OF SERVING THIS PLAT
<br />AND SUCH OTHER PROPERTY AS SUNCADIA SHALL APPROVE. UPON COMPLETION OF ANY WORK, ALL
<br />DISTURBANCES TO THE SURFACE OR IMPROVEMENTS SHALL BE RESTORED BY THE PARTY PERFORMING
<br />THE WORK TO AS GOOD OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR TO SUCH WORK. THE
<br />WIDTH OF SUCH EASEMENT SHALL BE TEN FEET (10.00') AS TO THE FRONT AND REAR PROPERTY
<br />LINES AND FIVE FEET (5.00') ON SIDE PROPERTY LINES COMMON WITH ANOTHER LOT OR TRACT WITHIN
<br />THE RESORT. FOR PURPOSES OF CLARIFICATION, THE FRONT PROPERTY LINES OF LOTS 158 THROUGH
<br />160 SHALL BE THOSE ABUTTING TRACT AC-3 AND THE FRONT PROPERTY LINES OF LOTS 161
<br />THROUGH 164 SHALL BE THOSE ABUTTING TRACT AC-4. SUNCADIA FURTHER RESERVES THE RIGHT TO
<br />GRANT ADDITIONAL NON-EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME OR SIMILAR
<br />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 FOR THE RIGHT TO ENTER UPON THOSE PORTIONS OF THE LOTS AND
<br />TRACTS WITHIN THIS PLAT BEING TEN FEET (10.00') IN WIDTH AND LYING PARALLEL WITH AND
<br />ADJOINING ALL ROADS WITHIN THE RESORT NOW OR HEREAFTER PLATTED AND/OR CONSTRUCTED, AND
<br />THE SOUTHEASTERLY BOUNDARY OF TRACTS AC-3 AND AC-4, FOR THE PURPOSE OF PERFORMING
<br />WORK IN SUCH ADJACENT ROADS AND AC TRACTS 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 PARTY PERFORMING THE WORK TO AS GOOD
<br />OR BETTER CONDITION AS EXISTING IMMEDIATELY PRIOR TO SUCH WORK, SUNCADIA FURTHER RESERVES
<br />THE RIGHT TO GRANT ADDITIONAL NON-EXCLUSIVE EASEMENTS TO THIRD PARTIES FOR THE SAME OR
<br />SIMILAR PURPOSES.
<br />5. NOTHING IN THIS PLAT OR ANY COVENANTS, 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 RELATING TO
<br />THE DEVELOPMENT COMMONLY KNOWN AS SUNCADIA MASTER PLANNED RESORT" RECORDED APRIL 16,
<br />2009, UNDER KITTITAS COUNTY AUDITORS' FILE NO. 200904160090, AS NOW OR HEREAFTER AMENDED
<br />(THE "DEVELOPMENT AGREEMENT").
<br />6. 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 OF
<br />THE RESORT AND MAY ALSO BE SUBJECT TO OTHER MATTERS APPARENT OR OF RECORD WHICH ARE
<br />NOT SPECIFICALLY DISCLOSED ON THIS PLAT. ALL IMPROVEMENTS TO LOTS SHALL BE WITHIN THE
<br />IMPROVEMENT ENVELOPES ESTABLISHED BY SUNCADIA.
<br />7. 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 OR
<br />ANY PORTION OF THE RIGHTS AND INTERESTS RESERVED TO SUNCADIA UNDER THIS PLAT.
<br />8. NOTWITHSTANDING ANY STATUS AS A COMMUNITY ASSET OR ELEMENT BENEFITING ANY OR ALL LOTS
<br />WITHIN THIS PLAT, THE BOUNDARIES OF OPEN SPACE (OS) TRACT(S) CREATED BY THIS PLAT MAY BE
<br />MODIFIED AND/OR SUCH TRACT(S) MAY BE ALTERED AS TO SIZE, SHAPE AND LOCATION BY THE THEN
<br />OWNER(S) OF SUCH TRACT(S) AS OTHERWISE ALLOWED BY APPLICABLE LAW, THE DEVELOPMENT
<br />AGREEMENT, AND THE CCR'S AND WITHOUT REQUIRING AN AMENDMENT OF THIS PLAT.
<br />9. LOTS 158, 159 AND 160 ARE GRANTED A NON-EXCLUSIVE EASEMENT FOR ACCESS (INGRESS AND
<br />EGRESS) AND UTILITIES OVER, UNDER AND ACROSS TRACT AC-3, AND LOTS 161, 162 AND 163 ARE
<br />GRANTED A NON-EXCLUSIVE EASEMENT FOR ACCESS (INGRESS AND EGRESS) AND UTILITIES OVER,
<br />UNDER AND ACROSS TRACT AC-4, THE EXACT WIDTH AND LOCATION OF WHICH SHALL BE AGREED
<br />UPON BY SUNCADIA AND THE LOT OWNER(S) AT SUCH TIME AS APPLICATION FOR CONSTRUCTION IS
<br />SUBMITTED TO THE DESIGN REVIEW COMMITTEE PURSUANT TO THE CCR'S. PROVIDED, HOWEVER, SAID
<br />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 158 THROUGH 163.
<br />10. 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 />11. 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.
<br />LP-22-00001
<br />LPF-24-00003
<br />EcuVE
<br />OCT 2 k 2024 0
<br />KjWta►s County CDS
<br />DWG NAME: \\ESM8\ENGR\ESM-JOBS\998\852\021\SURVEY PLOTS\P2D7B2R-FP-O5.DWG
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