HomeMy WebLinkAbout206 MS 22 Harmony Creek South
206 MS 22
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APPLICANTS: Steve Johnson
PROJECT NAME: Harmony Creek South – Preliminary Plat COMMUNITY PLAN AREA: Upper Valley ZONING: Rural SURVEYOR: Ross Turner
PLANNER: Emmett Mavy
_____________________________________________________________________________________ PROPOSAL: A Minor Subdivision Preliminary Plat application proposal to subdivide 35.61+/- acres into Five (5) residential lots, with an average lot size of 7.12+/- acres, in the Rural Zone. The lots will
share a private subdivision road off of Harmony Creek Drive, which connects to State Hwy No. 238.
Each lot will have individual wells and individual septic systems. LOCATION: 2.8 miles west of the Town of Afton, Wyoming in Section 28, Township 32 North, Range 119 West.
_____________________________________________________________________________________
EXHIBITS: 1. Preliminary Plat
2. Vicinity Map
3. Draft Development Agreement
4. Agency Correspondence
_____________________________________________________________________________________ PLANNING & ZONING RECOMMENDATION:
On June 29, 2022 the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 206 MS 22 a Minor Subdivision Preliminary Plat, with:
● Findings A. thru C.
● Conditions of Approval 1. thru 7.
● A Recommendation for the Board Chairman to sign the Development Agreement
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION
HEARING TIME AND DATE: 10:00 A.M, AUGUST 3, 2022
HEARING LOCATIONS: COUNTY COURTHOUSE COMMISSIONER BOARDROOM 3RD FLOOR, KEMMERER, WY & VIA VIDEO CONFERENCE AFTON BRANCH OFFICE BUILDING CONFERENCE ROOM, 421 JEFFERSON ST., AFTON, WY
FILE # 206 MS 22
206 MS 22
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FINDINGS:
A. The proposed subdivision, with conditions, is consistent with the provisions W.S. 18-5-301
through W.S. 18-5-315. B. The proposed subdivision is consistent with goals and objectives of the Lincoln County Comprehensive Plan, including Section IV Land Use Objective 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County.
C. The proposed subdivision, with conditions, is consistent with the standards and procedures of
these Lincoln County Land Use Regulations, including: a. Residential density standards and subdivision improvement standards for the Rural Zone. CONDITIONS OF APPROVAL:
1. Significant alteration of the project shall require additional permitting. 2. A Weed Control Plan shall be developed in conjunction with Lincoln County Weed & Pest. 3. Developer and County shall enter into a Development Agreement to: a. Ensure installation of subdivision improvements and preparation of documents, including:
i. Construct approved subdivision road with the minimum:
1. 20’ width travel lane 2. 60’ radius cul-de-sac (100’ travel lane) ii. Install electrical power and communication lines; iii. Survey monumentation; and
iv. Development of either, a HOA, CCRs, Road Maintenance Agreement, Special
Improvement District, or Mutual Benefit Corporations that at a minimum: 1. Provide an entity for ongoing road maintenance including the collection of road maintenance fees; 2. Provide an entity for ongoing snow removal including the collection of
snow removal fees;
3. Ensure road maintenance and snow removal are maintained indefinitely; 4. The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. 4. Prior to Final Plat Application the improvements shall be installed and inspected by County
personnel.
a. Provide for final plat approval upon satisfaction of Development Agreement terms; b. Developer Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided.
5. All proper plat warnings need to be added to Preliminary and Final Plats.
6. Approved Preliminary plat will be the one dated May 16, 2022. 7. Lot Owners will be required to join the road maintenance agreement for Harmony Creek Road.
206 MS 22
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BACKGROUND: The Johnson 35.61 acre property is located a ¼ mile from State HWY 238, up Harmony Creek Road. This
property is adjacent agriculture land on all side. The North side of the property is where you access the property and must cross Harmony Creek to get to the lots. A culvert will be installed under the subdivision road to allow water to flow. The private subdivision road (Harmony Creek Road) is an existing private subdivision road with a shared maintenance agreement that will be joined by Mr. Johnson
and subject to all future lot owners. The new subdivision lots will also have their own road maintenance
agreement to maintain Harmony Creek South. Lots 4 & 5 have significant grades accessing the lots. These lots will require an erosion mitigation plan by a licensed engineer, and may not be accessible by fire or emergency services if the driveway grades exceed 10%. AGENCY CORRESPONDENCE:
Lincoln County Weed & Pest: Lincoln County Weed & Pest recommended Steve Johnson request for a review in the spring when the snow had melted off their property. At which time Weed and Pest would review the proposed subdivision and evaluate the noxious weeds in the area and recommend a weed
management plan. A weed management plan is required by the development agreement.
Star Valley Conservation District: No report was received; 60 days have passed. State Engineer's Office: Two groundwater well permits have already been issued for this subdivision
under P216852.0W and P216853.0W for domestic purposes. At the time of filing a subdivision lot
number was not indicated. It would be in the interest of the respective lot owners for these permits to contact our office to update this information. There is also an existing stock water right under P24823.0D, this water right will belong to the new lot owner where the point of use is located.
The water right search revealed that there are no subject existing water rights of record that attach to
the subdivision lands. If this is the case, further action on the part of the subdivider or his agent in addressing Wyoming Statute 18-5-306 (a) (xi) would not be required. Afton Fire Chief: The Afton Fire Department feels that if the driveways for the subdivision lots do not
exceed the maximum allowed % grade per county requirements, that these lots can be serviceable from a
firefighting perspective. PUBLIC CORRESPONDENCE:
Property Owners who share in the road maintenance of Harmony Creek Drive (The Private Road that connects State Hwy 238 to the proposed Harmony Creek Subdivision, asked that the developer and future lot owners be required to join the current “Shared Roadway and Maintenance Agreement” for Harmony Creek Drive. A copy of the agreement has been attached to this staff report. This would be in addition to
the County Required Road maintenance agreement for the road inside the subdivision.
SECTION 28, T32N, R119WHARMONY CREEK SOUTH SUBDIVISIONN 00°31'20" W
N 46°33'21" WS 57°31'45" E226.73'Non-buildingAgriculturalBufferS 88°52'48" WLot 49.82 acresSUBDIVISION TOTAL = 35.61 ACRESN 89°00'00" EN 00°31'19" W482.29'616.18'S 28C-W 1/16Lot 510.03 acres20'N 00°31'51" WS 89°00'00" W171.10'
672.80'162.01'658.32'149.19'156.00'20' Utilities EasementNon-buildingAgriculturalBufferAVERAGE LOT SIZE = 7.12 ACRESN 89°00'00" ES 00°31'51" E
N 00°31'51" W S 88°52'48" W390.00'613.42'
80.00'658.09'Non-buildingAgriculturalBufferS 28C 1/4N 88°45'41" E1316.24'225.28'180.82'180.38'Lot 23.99 acres30' 30'Lot 36.76 acresS 00°31'20" E
571.71'
407.90'L=5 2 .6 9'L=53.71'L=43.78'L=92.35 '60.00'60.00'60.00'
285.00'
S 00°31'20" E
S 00°31'20" E
236.85'
217.97'
ROAD
SOUTH HARMONY
N 00°31'20" W
124.59'30.01'30.01'S 28NW 1/16S 87°46'16" WS 87°46'16" WN 73°02'57" WN 73°02'57" W59.40'108.25'36.70'465.81'457.46'461.64'HARMONYS 82°10'06" WS 82°10'06" W47.32'31.45'31.45'10.17'CREEK62.90'218.55'189.48'219.43'Lot 15.00 acresS 70°49'15" W163.61'N 00°31'51" W
453.52'N 73°51'24" WN 73°51'24" WS 70°49'15" W157.25'180.60'160.43'ROAD4.09 Ac.ROSS AND BEVERLY TURNER16.06'287PR311S 00°31'51" E
201.34'193.20'197.27'N 70°49'47" WN 70°49'47" WS 00°31'51" E
524.60'
30.08'30.08'20.96'29.23'25.09'S 85°13'11" W177.17'S 85°13'11" WS 28C-N 1/16SNWELaMont Merritt RevocableTrust et al.403PR293Michael T. & Linda J. Miller,Trustees995PR338Kip R. Wilkes, Trustee782PR246Laniece Call, Trustee(Moose Meadows Subdivision)946PR418AGRICULTURAL OPERATIONS There are existing agricultural operations adjacent to this subdivision and agricultural nuisances may exist within the subdivision. Should lands adjacent to this subdivision be removed from agricultural use, the 25 foot non-building buffer will no longer be in effect and the normal setback standards shall be applied. The existing agricultural operations are protected by W.S. 11-44-103, 2021.FIRE RESPONSE On-site fire fighting facilities are not proposed.LACK OF SOLID WASTE SERVICE Solid waste haulage service is not proposed. Lot owners shall be responsible for hauling their own solid waste.LACK OF COUNTY ROAD MAINTENANCE No public maintenance of streets or roads (W.S. 18-5-306, 2021). Plat acceptance does not constitute acceptance of roadways as county roads. Access may be difficult in winter months.LACK OF CENTRAL SEWER No proposed centralized sewage system (W.S. 18-5-306, 2021). Lot owners shall be responsible for building their own small wastewater disposal systems which meet state and county standards.LACK OF CENTRAL WATER No proposed central water supply system (W.S. 18-5-306, 2021). Lot owners shall be responsible for building their own wells which meet state standards.INSTREAM FLOW AND RIPARIAN RIGHTS The seller does not warrant to a purchaser that the purchaser has any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The State of Wyoming does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of a stream or river (W.S. 18-5-306, 2021).PLAT WARNINGSDRIVECREEKHARMONYCreek= 3/4" diameter iron pipe with plastic cap marked "PELS 698", foundHarmony= 5/8" steel reinforcing bar post with 2.5" aluminum cap inscribed "ROSS TURNER AFTON WY PE & LS 3514", with appropriate details, set this survey= 5/8" steel reinforcing bar post with 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details, found= Section Survey Control Monument, as per Corner Record filed or to be filed in the Office of the County ClerkWITHIN THE SE1/4NW1/4Note: Basis of bearings is N 88*45'41" E from the NW1/16Corner to the C-N 1/16 Corner of Section 28, to match recordbearings in the establishment of Section control monumentsand right -of-way easement boundaries for Harmony Creek Lane.LEGEND0 100 200 300 400 500 I, Ross M. Turner, a Registered Profesional Engineer and Land Surveyorof Afton, Wyoming, hereby certify that this plat was made from notes taken by myself during an actual survey in November, 2021, and May through July, 2022,and from records in the Office of the Clerk of Lincoln County;That it correctly represents the survey of the HARMONY CREEK SOUTH SUBDIVISION, located within the Southeast Quarter of the Northwest Quarter ofSection 28, Township 32 North, Range 119 West, Sixth PM, Lincoln County, Wyoming, as shown hereon.Erik C. & Jill McClure1018PR236This plat was filed for record in the Office of the Clerk of Lincoln County on this ___________ day of ____________________, 2022.__________________________________________County ClerkPersuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301 through 18-5-315, Wyoming Statutes, 2021, as amended,HARMONY CREEK SOUTH SUBDIVISION was approved at the regular meeting of the Lincoln County Board of CountyCommissioners held on this ______ day of __________________, 2022.Subject to the provisions of a resolution and amendments thereto for the approval os subdivision and townsite plats as adopted onMay 4, 2005, as amended. Plat approval does not constitute acceptance of streets and/or roadways as County Roads. Designationof County Roads is only accomplished by compliance with provisions of Section 24-3-101, Wyoming statutes, 2021, as amended.Board of County CommissionersCounty of Lincoln______________________________________________ _________________________________________________Robert E. King, Chairman Jerry T. Harmon, Vice ChairAttest:______________________________________________ __________________________________________________April Brunski, Clerk Jerry W. Hansen, CommissionerSTATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )Total Number of Lots: 5Average Lot Size: 7.12 Ac.Total Acres: 35.61 Ac.Use of Lots: ResidentialZoning: RuralJuly, 2022Ross M. Turner, PE&LSP.O. Box 819Afton, Wyoming 83110Steve & Kristin JohnsonP.O. Box 113Fairview, WY 83119DATELAND USE TABLESURVEYOROWNERCERTIFICATE OF APPROVALThe foregoing instrument was acknowledged before me by Ross M. Turner this ________ day of __________________, 2022.Witness my hand and official seal:________________________________________Notary Public___________________________________Wyoming PE&LS 3514May 16, 2022LINCOLN COUNTY, WYOMINGWITHIN THE SE1/4NW1/4SECTION 28, T32N, R119WHARMONY CREEK SOUTH SUBDIVISION1" = 100'CERTIFICATE OF RECORDATIONSTATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )AREA OFSURVEYS28, T32N, R119WVICINITY MAPCERTIFICATE OF SURVEYORCory & Mary Ann Allmaras1045PR149Danial H. Jr & Kandra Silva962PR375Brian S. &Sarah J. McClure1018PR212The foregoing instrument was acknowledged before me by Steve J Johnsonand Kristin C. Johnson this ________ day of ____________________, 2022.Witness my hand and official seal:__________________________________________Notary PublicMy Commission expires: We, Steve J. Johnson and Kristin C. Johnson, of P.O. Box 113, Fairview, Wyoming, 83119,hereby certify that we are all of the owners of the land tract shown hereon that the division of thattract, as shown hereon and further described in the Certificate of Surveyor, is with the free consentand is in accordance with the desires of the undersigned owners and proprietors;that the name of the subdivision shall be HARMONY CREEK SOUTH SUBDIVISION;that a non-exclusive easement, from the existing right-of-way of the Harmony Creek Lane privateroad along the route shown as "Harmony South Road, as shown hereon, is hereby granted to alllot owners to be shared in common for access and for the installation and maintenance ofunderground utilities, the lot owners also being jointly responsible for road maintenance;that the lot owners will also be required to participate in the maintenance of Harmony Creek Lane; that a utilities easement over, under and across the northerly 20 feet of Lot 5, as depicted on thisplat, is hereby granted for the benefit of Lots 1, 2 and 5;that there are no irrigation water rights at this time appurtenant to this subdivision;That mineral estate interests of these lots are split as follows: 50% to the successor of Dale Cazier, previous land owner 50% to the surface owner of each individual lot;that all rights under and by virtue of the Homestead Exemption Laws of the State of Wyoming are hereby released.______________________ ________________________Steve J Johnson, Owner Kristen C. Johnson, OwnerSCALECERTIFICATE OF OWNERSTATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )STATE HIGHWAY 2382 8
UV238 Afton
06 0105020304
30
31
17
07
29
2019
08
32
18
06 05
20
15
24
08
3533
07
25
12
32
30 29
18
31
09
34
26
36
17 1311
23
27
10
19 22
1416
28
21
31N 119W
32N 118W
31N 118W
32N 119W
UV238
Baile DriveStarWestDrive
Harmony Creek Driv
e
WILSON, MYKELL E
& PETER C
LANCASTER, KELLEN
& CONNIETRUSTEESNEUENSCHWANDER,JOEL D
LIVINGSTON,
JAMES G &
JEANELLE E
PARRY, CASEY
R & TAMI J
ANGELL,
BLAKE& CINDY
JACK,TYLER &
MANDY
TURNER, ROSS& BEVERLY
BURTON,
JAMIE H
TRUSTEE
REIDE,PM & JM
TRUSTEES
LANCASTER,
KELLEN
& CONNIE TRUSTEES
LANCASTER, KELLEN
& CONNIE TRUSTEES
HAWKINS, W
HERB & LORETTA
W TRUSTEES
ALLMARAS,
CORY &MARY ANN
WILKES, KIP
R TRUSTEE
JOHNSON,
STVEN J &
KRISTIN C
MILLER, MICHAELT & LINDA
J, TRUSTEES
ROBERT
LINFORD
RANCH, LLC
MERRITT,
LAMONT REV
TRUST ETAL
LINFORD, ROBERT B& LINDA H TRUSTEESHANSON FAMILY TRUSTRICH, DORLENER TRUSTEE
MCCLURE,BRIAN S &
SARAH J
MACKAY,DARRELL D &
MARY L
CAZIER,CHAD D &
KIMBERLY S
CAZIER,
CHAD D &
KIMBERLY SSILVA, DANIEL H
JR & KANDRA L
CAZIER,
G DANYEL
CALL,LANIECE
TRUSTEE
SALT RIVER MOTORHOLDING, LLC
MERRITT
BLAINE R& JEAN A
WILKES, KIPR TRUSTEE
MACKAY,
RYAN S &
AMY L
NEUMANN,TAMMY &
DANNY
MCCLURE,
ERIK C& JILL
TURNER, ROSS
& BEVERLY
OSMOND,
JAY &
KAREN
Maxar, Microsoft
Minor Subdivision Application
Projects
Buffer_206MS22
US Highways
WY Highways
Township & Range
Sections
Municipalities
File No 206 MS 22
Harmony Creek South
Steve J. & Kristin C.
Johnson
Prepared using available data by Destry Dearden, GISP on 7 June 2022. Map is for informational purposes only and in no way represents an official survey of land.
DEVELOPMENT AGREEMENT
FOR Harmony Creek South
FILE NO. #206 MS 22
THIS AGREEMENT is made and entered into as of the 3rd day of August, 2022 by and
between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925
Sage Avenue, Kemmerer, Wyoming, 83101, specifically Lincoln County Planning and
Engineering Office, whose address is 925 Sage Avenue Suite 201, Kemmerer, Wyoming, 83101
and Steven J. Johnson and Kristin C. Johnson, hereinafter referred to as
“OWNER/DEVELOPER”, whose address is P.O. Box 113 Fairview, WY 83119.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.# 206 MS 22 Subdivision to subdivide approximately 35.61 acres into 5 lots
as set forth in the Preliminary Plat; and
WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see
Exhibit A) located in the County; and
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter
into this Agreement that will guarantee the full and satisfactory completion of the required
Improvements on the Property described in this Agreement and it is the intent of this Agreement
and the parties to satisfy the Improvement requirements and to provide for the approval of the
final plat application by the Lincoln County Board of County Commissioners and the final plat
recordation in the Office of the Lincoln County Clerk of Harmony Creek South Subdivision;
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the parties agree:
Section 1. Definitions
1.1 SUBDIVISION:The subject of this Agreement, which is designated and identified as
File No. #206 MS 22 Harmony Creek South Subdivision on the Property described in Exhibit A
in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future
mention to the term SUBDIVISION.
1.2 IMPROVEMENT:Any alteration to the land or other physical construction located on or
off the Property that is associated with this subdivision, building site, or development.
1.3 OWNER//DEVELOPER:means and refers to Steve Johnson,whose address is P.O. Box
113 Fairview, WY 83119, the party that owns and is developing the Property and shall include
and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property.
Page 1 of 10
1.4 PROPERTY:means and refers to the identified approximately 35.61+/- acres of a certain
parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
Section 2. Planned Improvements.
The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the
following required improvements:
●Subdivision Road:
o 20’ Width Travel Lane
o 60’ Radius Cul-de-sac (100’ Travel Lane)
●Utilities:
o Install Electrical Power to each identified lot
o Install Communication lines to each identified lot
●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B
●Disturbed areas shall be reseeded to avoid weed infestation and erosion
●Road Signs: The Developer to purchase private road name sign and stop sign through
Lincoln County, Wyoming Planning and Engineering Office to assure standardization
throughout the County and said County Office will install after completion of
improvements and subdivision final approval.
OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with
Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies
responsible for providing services to the Development.
Section 3. Sales or building permits.No lot shall be sold prior to final plat approval by the
Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk.
Also no building permits shall be issued by the County until final plat approval and recording.
Section 4. Schedule for Commencement and Completion of the Improvements. The
OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION
within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County
Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the
Improvements within three (3) years after approval of the Preliminary Plat. If
OWNER/DEVELOPER does not commence construction of the Improvements within two (2)
years or complete Improvements within three (3) years of the date of SUBDIVISION
Preliminary Plat approval by the Lincoln County Board of County Commissioners, the
preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements
and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat
shall be signed and recorded.
Section 5. Control of trash, weeds, dust, erosion, and sedimentation.The
OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation,
weed, and trash control on the Property required by any County, State or Federal regulations.
Page 2 of 10
OWNER/DEVELOPER shall use best management practices and industry standards for control.
Trash shall be contained at all times. The responsibilities in this Section shall run with the land
and shall therefore apply before, during, and until completion of Improvements.
Section 6. Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’
right-of-way, easements, access, excavation, and other permits and approvals required by local,
State, or Federal regulations.
Section 7. Inspections.The OWNER/DEVELOPER’s representatives shall make regular
inspections and maintain control of SUBDIVISION while it is under construction.
Representatives of the County shall have the right to enter upon the Property at any reasonable
time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this
Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter
upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not
materially deviate from the Improvements required herein without the prior written approval of
the County, which approval will not be unreasonably withheld.
Section 8. Final Inspection and Approval of Improvements.The OWNER/DEVELOPER
shall notify the County when it believes that the Improvements have been fully and properly
completed and shall request final inspection and approval and acceptance of the Improvements
by the County. At the time of such notification to the County, OWNER/DEVELOPER shall
submit to County a set of “as built” plans and specifications, prepared by its engineer. The
County will provide interim and final inspection of the Improvements within a reasonable time
period after notification by the OWNER/DEVELOPER of completion and submission of “as
built” plans and specifications. Upon inspection, the County shall give written acceptance of the
Improvements or a written checklist of material deficiencies, such noted deficiencies shall be
specific as to location and shall specify, in detail, the necessary corrective action to be taken by
the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify
OWNER/DEVELOPER of its acceptance of the Improvements.
Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt
and satisfactory correction of all defects and deficiencies, for both materials and workmanship,
in the Improvements that occur or become evident within one year. If such defect or deficiency
occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within
thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected.
If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written
demand from the County, the OWNER/DEVELOPER shall commence the correction of the
deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the
same or cause it to be corrected.
Section 10. Remedies.In the event the OWNER/DEVELOPER fails to perform any of the
terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency
under this Agreement, the County, at its option, may exercise any rights and remedies it may
have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke
the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation,
Page 3 of 10
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations.
Section 11. Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in
accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the
Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default
of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific
Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the
Remedies in the preceding paragraph at its own discretion.
Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots
shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole
expense.
Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create
a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement
District, or Mutual Benefit Corporations that at a minimum:
a.Provide an entity for ongoing road maintenance including the collection of road
maintenance fees;
b.Provide an entity for ongoing snow removal including the collection of snow removal
fees;
c.Ensure road maintenance and snow removal are maintained indefinitely.
d.The chosen document must be filed at the time of final plat filing, and bind all current
and future owners to the agreement.
Section 14. Binding Upon Successors.This Development Agreement shall be binding upon and
inure to the benefit of the parties’ respective heirs, successors, assigns and personal
representatives.
Section 15. Notices.Any written notices required herein shall be deemed delivered to the
addressee when delivered in person on a business day at the address set forth below or on the
third day after being deposited in the United States mail, for delivery by properly addressed,
postage prepaid, certified or registered mail, return receipt requested, to the address set forth
below.
Notices to the County shall be addressed to, or delivered at, the following address:
Lincoln County Board of County Commissioners
ATTN: Planning Director
Planning and Engineering Office
925 Sage Avenue Suite 201
Kemmerer, WY 83101
Page 4 of 10
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following
address:
Steve Johnson
P.O. Box 113
Alpine, WY 83119
Section 16. Indemnification.
A.No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges
and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or
injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s
issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or
use of any portion of the Improvements, and (2) that the County’s issuance or denial of any
permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to
insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees
or any third party, against damage or injury of any kind.
B.Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and
does hereby, indemnify the County, and all of its elected and appointed officials, officers,
employees, agents and representatives from any and all claims, costs and liability of every kind
and nature that may be asserted at any time against any such parties for injury or damage
received or sustained by any person or entity in connection with (1) the County’s review of,
denial, or approval of any plans, including those for the Improvements, (2) the inspection or
issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction,
maintenance or use of any portion of the Improvements and (4) the performance by the
OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The
indemnification required herein shall include, but not be limited to, any costs of defense incurred
by the indemnified parties including attorney fees and expert witness fees.
Section 17. Amendments or Alterations. Any changes,omissions, modifications, revisions,
additions or amendments to this Development Agreement shall be incorporated by written
instrument, executed and signed by all parties.
Section 18. Severability.The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof and this Agreement shall be construed in all respects
as if such invalid or unenforceable provisions were omitted.
Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln
County Clerk.
Section 20. Authority to Execute.The County hereby warrants and represents to the
OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been
properly authorized to do so by the Board of County Commissioners. The
OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of
record of the Property or the owner’s authorized representative, (2) that it has the right, power,
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and authority to enter into this Agreement and to agree to the terms, provisions, and conditions
set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to
authorize the execution, delivery, and performance of this Agreement have been taken, and (4)
that neither the execution of this Agreement nor the performance of the obligations assumed by
the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement
to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii)
violate any statute, law restriction, court order, or Agreement to which the
OWNER/DEVELOPER or the subdivision is subject.
Section 21. Regulations.The OWNER/DEVELOPER agrees to abide by all regulations, laws
and codes of Lincoln County, the State of Wyoming, and the Federal Government.
Section 22. Applicable Law/Venue.The construction,interpretation, and enforcement of this
Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of
Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the
Third Judicial District, Lincoln County, Wyoming.
Section 23. Insurance.OWNER/DEVELOPER shall procure,and at all times maintain, general
liability insurance to protect from claims for damages because of negligence or bodily injury,
including but not limited to death and damages to property, all with coverage limits of no less
than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the
OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before
beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit.
Section 24. Entirety of Agreement.This Agreement sets forth all promises, inducements,
agreements, condition and understandings between OWNER/DEVELOPER and County relative
to the subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between OWNER/DEVELOPER and County, other
than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if
set forth in full including all text information in the Exhibits. In the event of any conflict of
terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns.
Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be
deemed to constitute a waiver of any other provision nor will it be deemed to constitute a
continuity waiver unless expressly provided for; nor will the waiver of any default under this
Agreement be deemed a waiver of any subsequent default or defaults of the same type. The
County’s failure to exercise any obligation under this Agreement will not constitute the approval
of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement.
OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all
approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of
approval, upon any of the violations of Lincoln County Land Use Regulations, or for
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misrepresentations or material omissions made to the Lincoln County Planning and Engineering
Office or Board of County Commissioners.
Section 26. Sovereign Immunity.The County does not waive sovereign immunity by entering
into this Agreement and specifically retains immunity and all defenses available to it pursuant to
law, including government immunity.
Section 27. Effective Date.This Agreement shall become valid and binding only upon its
approval by the Lincoln County Board of County Commissioners and shall be effective on the
date first written above.
IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized
representatives have executed this Agreement on the days and dates set out below and certify
that they have read, understood, and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________Date: ______________________
Robert E. King, Chair
Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski
Lincoln County Clerk
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OWNER/DEVELOPER
________________________________Date: ______________________
Steven J. Johnson, Owner
________________________________Date: ______________________
Kristin C. Johnson,Owner
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by__________________________, on
this _______day of ________________, 2022.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
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EXHIBIT A
DESCRIPTION OF PROPERTY
Harmony Creek South
35.61+/- acres within the Section 28, Township 32 North, Range 119 West, in, Lincoln County,
Wyoming.
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EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
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State Engineer’s Office
HERSCHLER BUILDING, 2W CHEYENNE, WYOMING 82002
(307) 777-7354
seoleg@seo.wyo.gov
MARK GORDON
GOVERNOR
BRANDON GEBHART, P.E.
STATE ENGINEER
June 20, 2022
Lincoln County Office of Planning and Engineering
421 Jefferson St., Ste. 708
Afton, Wyoming 83110
planning@lcwy.org
RE:Harmony Creek South Subdivision, File No: 206 MS 22
To Whom it may concern:
The State Engineer’s Office – Ground Water Division reviewed the referenced submittal in compliance
with W.S. 18-5-306(c)(i) and our comments are provided below.
The proposed minor subdivision is to be located in the SE¼NW¼ of Section 28, T32N, R119W, Lincoln
County, Wyoming. The subdivision consists of 5 lots. Based upon a review of the information submitted,
the State Engineer’s Office offers the following:
1.Two groundwater well permits have already been issued for this subdivision under P216852.0W and
P216853.0W for domestic purposes. At the time of filing a subdivision lot number was not indicated.
It would be in the interest of the respective lot owners for these permits to contact our office to update
this information. There is also an existing stock water right under P24823.0D, this water right will
belong to the new lot owner where the point of use is located.
2.If any new wells are proposed, they must be constructed in accordance with the State Engineer’s
water well. The procurement of the necessary and appropriate State Engineer water right permit
allows the applicant to attempt to develop a water supply adequate to meet the proposed needs, and is
no guarantee that any water will be physically available.
3.If any new wells are proposed, they must be constructed in accordance with the State Engineer’s
Office Rules and Regulations, Part III, Water Well Minimum Construction Standards.
4.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced
rules and regulations.
5.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require
adjudication by the Board of Control.
6.The water right search revealed that there are no subject existing water rights of record that attach to
the subdivision lands. If this is the case, further action on the part of the subdivider or his agent in
addressing Wyoming Statute 18-5-306 (a) (xi) would not be required.
Surface Water Ground Water Board of Control
(307) 777-6475 (307) 777-6163 (307) 777-6178
In all correspondence regarding this application, please reference “State Engineer Subdivision Review
Number 2022-34-12”.
If you have any questions, please feel free to contact me at (307) 777-6166, or if you prefer email, at
markus.malessa@wyo.gov. Thank you for the opportunity to comment on the subdivision application.
Sincerely,
Markus Malessa
Natural Resources Analyst
TRANSMITTED VIA EMAIL
Cc:Lisa Lindemann, Administrator, Ground Water Division
Nathan Graves, Administrator, Surface Water Division
Cheryl Timm, Administrator, Board of Control Division
Kevin Payne, Superintendent, Water Division IV
Mike Johnson, Lead Hydrographer/Commissioner, Water Division IV, District 8