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208 MS 22
PZC
LINCOLN COUNTY PLANNING & ZONING COMMISSION
STAFF REPORT Minor Subdivision Preliminary Plat Application
HEARING TIME AND DATE: 6:00 p.m., July 27, 2022
LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer, Wyoming & Afton Planning & Engineering Office, 61 E. 5th Ave., Afton, Wyoming FILE # 208 MS 22
APPLICANTS: TGH Industries, LLC PROJECT NAME: Etna Village Estates Subdivision Phase II
COMMUNITY PLAN AREA: Etna
ZONING: Mixed Use SURVEYOR: Surveyor Scherbel, Ltd. PLANNER: Emmett Mavy _____________________________________________________________________________________
PROPOSAL: A Minor Subdivision Preliminary Plat application as part of an approved Master Plan 704
PZ 05 proposal to subdivide 2.74 +/- acres into Five (5) residential lots, with an average lot size of 0.55 +/- acres, in the Mixed Zone. The lots will share existing subdivision roads; Etna Village Drive, Little Greys Loop, and Caribou Peak Loop. Each lot will connect to the Etna Water and Sewer District and have individual enhanced septic systems.
LOCATION: 2.5 miles northwest of the Town of Star Valley Ranch, Wyoming in Section 10, Township 35 North, Range 119 West. _____________________________________________________________________________________
EXHIBITS:
1. Preliminary Plat 2. Vicinity Map 3. Draft Development Agreement 4. Agency Correspondence
5. Master Plan 704 PZ 05 Final Determination
_____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION:
Planning staff recommends that the Planning and Zoning Commission send a recommendation of
APPROVAL to the Board of County Commissioners for File # 208 MS 22 a Minor Subdivision Preliminary Plat, with:
● Findings A. thru C.
● Conditions of Approval 1. thru 4.
● Recommendation for the Board Chairman to sign the Development Agreement.
208 MS 22
PZC
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 Mixed 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) Install electrical power and communication lines;
ii) Water system and connections to each lot approved by the Etna Wyoming Water and Sewer District to be installed prior to final plat. iii) Submittal of Water Distribution Plan to the State Engineer’s Office; iv) Survey monumentation; and
v) 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.
BACKGROUND: Etna Village Estates Subdivision Phase I started as a Rezone with a Master Plan. Permit # 704 PZ 05 was approved on October 12, 2005. The approval was for a Master Plan with two major phases totaling 125 lots. Phase I was completed in May 2007 and recorded a final plat of 56 lots.
Due to not having a planning director in the spring of 2022 the developer has chosen to apply for a minor subdivision of 5 lots instead of the allowed 56 lots for phase II. The Etna Wyoming Water and Sewer
208 MS 22
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District have expanded their system since 2005 and have the capacity to serve the lots. This approved Master Plan will likely have more phases in the future.
According to the developer, the roads within Etna Village Phase II will be subject to the road
maintenance as described in the CCR's for Phase I.
The roads needed for the 5 lots in this minor subdivision were installed during phase I of Etna Village
Estates as part of their looped road system. These 5 lots will not need a cul de sac as the road is a loop,
and the road has already been completed. The power, water, and communication lines are nearby and
just need to be brought to the lots.
AGENCY CORRESPONDENCE: Lincoln County Weed & Pest: Lincoln County Weed & Pest have not provided a report at this time. The development agreement requires the developer to create a Weed Control Plan developed in conjunction
with Lincoln County Weed & Pest.
Star Valley Conservation District: The conservation district report dated: July 20, 2005 the conservation district supported the requirement for enhanced septic systems due to the proximity to the Salt River. They also recommend care be taken NOT to locate buildings in any drainage channel where overland
flooding could occur.
State Engineer's Office: No response has been received at the time of this staff report. The developer will be filing a water rights redistribution plan for the subdivision.
Etna Wyoming Water & Sewer District: This subdivision will be connecting the new lots to the water
district and the developer has provided a will serve letter from the district.
JONATHAN BAKER
PRESIDENT
CERTIFICATE OF OWNERS
NOTARY PUBLIC
CERTIFICATE OF APPROVAL
APRIL BRUNSKI, COUNTY CLERK
JERRY HARMON, COMMISSIONER
JERRY HANSEN, COMMISSIONER
ROBERT KING, CHAIRMAN
ATTEST:
MY COMMISSION EXPIRES .
STATE OF WYOMING }
COUNTY OF LINCOLN }
SS }
WITNESS MY HAND AND OFFICIAL SEAL:
CERTIFICATE OF ENGINEER
}
NOTARY PUBLIC
MY COMMISSION EXPIRES .
WITNESS MY HAND AND OFFICIAL SEAL:
COUNTY OF LINCOLN }
STATE OF WYOMING }
}SS
CERTIFICATE OF SURVEYOR
TGH INDUSTRIES, LLC
www.sunrise-eng.com
AFTON, WYOMING 83110
47 EAST 4TH AVENUE
TEL 307.885.8500 Z FAX 307.885.8500
BEGINNING AT THE NORTHEAST 116 CORNER OF SECTION 10
THENCE S00°01'24"W, 25.77 FEET, TO A POINT;
THENCE N88°56'58"W, 165.02 FEET, TO THE TRUE POINT OF BEGINNING;
THENCE N00°01'24"E, 169.40 FEET, TO A POINT;
THENCE N89°58'37"W, 164.98 FEET, TO A POINT;
THENCE N0°01'24"E, 140.00 FEET, TO A POINT;
THENCE N89°58'36"W, 165.00 FEET, TO A POINT;
THENCE N0°01'24"E, 32.79 FEET, TO A POINT;
THENCE N89°51'03"W, 144.80 FEET, TO A POINT;
THENCE N0°01'24"E, 22.89 FEET, TO A POINT;
THENCE N88°30'58"W, 135.06 FEET, TO A POINT;
THENCE S0°37'11"E, 156.14 FEET, FEET TO A POINT AT THE BEGINNING OF A CIRCULAR
CURVE TO THE RIGHT;
THENCE SOUTHEASTERLY 67.37 FEET ALONG THE ARC OF SAID CURVE WITH A RADIUS OF
407.89 FEET, AND A CHORD BEARING S85°29'20"E, 67.29 FEET, TO A POINT;
THENCE S89°51'02"E, 210.99 FEET, TO A POINT;
THENCE S00°01'24"W, 194.07 FEET, TO A POINT;
THENCE S88°56'58"E, 330.05 FEET TO THE POINT OF BEGINNING;
ENCOMPASSING AN AREA OF 2.76 ACRES.
NOTARY PUBLIC
MY COMMISSION EXPIRES
WITNESS MY HAND AND OFFICIAL SEAL:
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY JONATHAN BAKER
THIS DAY OF 2022.
WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THIS SUBDIVISION, BEING PART THE NE
1/4 OF SECTION 10, T35N, R119W, LINCOLN COUNTY, WYOMING, AS SHOWN HEREON AND
MORE PARTICULARLY DESCRIBED IN THE CERTIFICATE OF SURVEYOR, IS WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND
PROPRIETORS OF SAID LANDS;
THAT THE NAME OF THE SUBDIVISION SHALL BE "ETNA VILLAGE ESTATES SUBDIVISION
PHASE II.
AND THAT BALDY PEAK DRIVE, LITTLE GREYS LOOP, ETNA VILLAGE DRIVE, AND CARIBOU
PEAK LOOP AS SHOWN ON THIS PLAT ARE PRIVATE ROADS WITH 60' OF NON-EXCLUSIVE
PERPETUAL RIGHT-OF-WAY GRANTED TO THE OWNER OF EACH LOT WITHIN THE
SUBDIVISION;
THAT THE UNDERSIGNED OWNERS HEREBY RESERVE A PERPETUAL RIGHT OF INGRESS,
EGRESS, AND UTILITIES OVER, UNDER AND ACROSS THE ABOVE LISTED PRIVATE ROADS IN
ORDER TO PROVIDE A PERPETUAL ACCESS AND ALL UTILITIES TO WHATEVER LANDS SAID
OWNER MAY DESIGNATE;
THAT EASEMENTS FOR UTILITIES AND DRAINAGE IDENTICAL WITH SAID ROADS AND
IDENTICAL WITH A TEN (10) FOOT STRIP OF LAND ALONG THE SIDES AND REAR OF EACH LOT,
ARE HEREBY GRANTED FOR THE UNDERGROUND INSTALLATION OF POWER, TELEPHONE,
AND OTHER UTILITIES APPURTENANT TO THIS SUBDIVISION AS WELL AS FOR UTILITIES FOR
FUTURE DEVELOPMENT OF THE UNDERSIGNED OWNERS;
THAT THE SUBDIVISION IS SUBJECT TO OTHER EASEMENTS, RIGHTS-OF-WAY
ENCUMBRANCES, CONDITIONS, RESTRICTIONS, OR RESERVATIONS OF RECORD;
THAT THE SUBDIVISION IS SUBJECT TO COVENANTS AND RESTRICTIONS OF RECORD IN THE
OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK OF PHOTOSTATIC RECORDS ON
PAGE_ , THIS PLAT IS TO CARRY WITH IT NO IMPLIED COVENANTS OR RESTRICTIONS;
THAT IN ACCORDANCE WITH SECTION 18-5-306 (viii), WYOMING STATUTES, 2021, AS
AMENDED, CERTAIN STREETS, ALLEYS, OR ROADWAYS WITHIN THE SUBDIVISION SHALL
REMAIN PRIVATE AND THE BOARD OF COUNTY COMMISSIONERS SHALL BE UNDER NO
OBLIGATION TO REPAIR, MAINTAIN, OR ACCEPT ANY DEDICATION OF SUCH ROAD TO PUBLIC
USE;
THAT THE ADJUDICATED IRRIGATION WATER RIGHTS OF RECORD ARE TO BE RETAINED; NO
LOT IN THIS SUBDIVISION MAY BE FURTHER DIVIDED;
THAT ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE
STATE OF WYOMING ARE HEREBY WAIVED AND RELEASED.Profess io n al Engineer
(Ci
vi
l
)WYOM I N G
9225
RYAN J . ERIC
K
SONDate
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY RYAN J. ERICKSON
THIS DAY OF 2022.
I, KARL F. SCHERBEL, OF AFTON, WYOMING, HEREBY CERTIFY THAT THIS PLAT WAS MADE
FROM NOTES TAKEN DURING AN ACTUAL SURVEY MADE BY PERSONS UNDER MY
SUPERVISION DURING DECEMBER 2007 AND FROM RECORDS IN THE OFFICE OF THE CLERK
OF LINCOLN COUNTY AND THAT IT CORRECTLY REPRESENTS ETNA VILLAGE ESTATES
SUBDIVISION PHASE II;
THAT PART OF THE NE 14 OF SECTION 10, T35N R119W, LINCOLN COUNTY, WYOMING,
DESCRIBED AS FOLLOWS:
I, RYAN J. ERICKSON, A CIVIL ENGINEER WITH WYOMING REGISTRATION NUMBER 9225,
HEREBY CERTIFY THAT THE SOURCE OF WATER INTENDED FOR USE BY THIS SUBDIVISION IS
ADEQUATE AND SAFE FOR DOMESTIC USE, AND THAT THE PLANS FOR THE DOMESTIC
WATER SUPPLY MEET COUNTY, STATE, AND FEDERAL REQUIREMENTS.
COUNTY OF LINCOLN }
STATE OF WYOMING }
SS
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE
ME BY KARL F. SCHERBEL THIS DAY OF 2022.
STATE OF WYOMING }
COUNTY OF LINCOLN }
}SS
ACKNOWLEDGEMENT
PURSUANT TO SECTION 34-12-102, 34-12-103, AND 18-5-301 THROUGH 18-5-315, WYOMING
STATUTES, 2021 AS AMENDED, ETNA VILLAGE ESTATES SUBDIVISION PHASE II WAS
APPROVED AT THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD
ON THE DAY OF , 2022.
SUBJECT TO THE PROVISIONS OF A RESOLUTION AND AMENDMENTS THERETO, ADOPTED
ON 04 MAY 2005 FOR THE APPROVAL OF SUBDIVISION AND TOWNSITE PLATS. PLAT
APPROVAL DOES NOT CONSTITUTE ACCEPTANCE OF STREETS AND/OR ROADWAYS AS
COUNTY ROADS. DESIGNATION OF COUNTY ROADS IS ONLY ACCOMPLISHED BY
COMPLIANCE WITH THE PROVISIONS OF SECTION 24-3-101, ET. SEQ., WYOMING STATUTES,
2021 AS AMENDED.
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
CERTIFICATE OF MORTGAGEE
STATE OF WYOMING }
COUNTY OF LINCOLN }
}SS
THE BANK OF JACKSON HOLE CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE OF
RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 1028 OF PHOTOSTATIC
RECORDS ON PAGE 698 UPON THE PROPERTY DESCRIBED UNDER THE CERTIFICATE OF
SURVEYOR AND DOES HEREBY CONSENT TO THE SUBDIVISION AND DOES JOIN IN AND
CONSENT TO THE DEDICATION OF THE LAND AND EASEMENTS HEREON AS CONTAINED
UNDER THE CERTIFICATE OF OWNER AND AGREES THAT ITS MORTGAGE SHALL BE
SUBORDINATED TO THE DEDICATION AND EASEMENTS SHOWN HEREIN AND HEREON.
BANK OF JACKSON HOLE
ON THIS ______DAY OF _________, 2022 BEFORE ME PERSONALLY APPEARED , BY ME FIRST
DULY SWORN, WHO DID SAY THAT SHE IS THE SENIOR-VICE PRESIDENT OF BANK OF JACKSON
HOLE AND THAT THIS INSTRUMENT WAS SIGNED AND SEALED ON BEHALF OF SAID
CORPORATION BY AUTHORITY OF ITS BOARD OF DIRECTORS AND ACKNOWLEDGED SAID
INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID CORPORATION.
GIVEN UNDER MY HAND AND NOTORIAL SEAL THIS _____ DAY OF ______, 2022
NOTARY PUBLIC
MY COMMISSION EXPIRES:
Etna Village Estates Subdivision
Phase II
July 2022
TGH Industries, LLC
N90°00'00"E
165.06'
N90°00'00"E
164.95'
S89°51'02"E
164.95'S0°01'24"W 137.22'C1N0°01'24"E 121.08'S89°58'36"E
164.96'
S89°58'36"E
164.96'
S89°58'36"E
165.01'N0°01'24"E 169.40'S0°01'24"W 166.44'S0°01'24"W 140.00'N0°01'24"E 137.65'S89°51'02"E
46.04'
S88°56'58"E
164.99'
S88°56'58"E
165.04'S0°01'24"W 163.48'LOT 60
0.62 ACRES
LOT 59
0.53 ACRES
LOT 58
0.52 ACRES
LOT 57
0.50 ACRES
LOT 61
0.64 ACRES FUTURE ROADFUTURE ROADFUTURE ROADETNA VILLAGE DRIVE
LOT 26 LOT 25BALDY PEAK DRIVECARIBOU PEAK LOOP
LITTLE GREYS LOOPLOT 24
LOT 55 LOT 56
C1 C3
C4 C5
FUTURE LOTS FUTURE LOTS
FUTURE LOTSTGH INDUSTRIES LLC
OX YOKE B LLC20' IRRIGATION
EASEMENT
C2
N0°02'33"E
27.82'
S0°01'24"W
30.59'
ETNA VILLAGE ESTATE PHASE I
ACCESSION #930932
FLYING P
FAMILY
EXEMPTION
GOOD NEIGHBOR
2ND FILING
ETNA
VILLAGE
ESTATE
PHASE I
CURVE TABLE
NO.RADIUS LENGTH DELTA CHORD BEARINGCHORD LENGTH
C1 417.79'123.70'16°57'54"N81°50'50"W 123.24'
C2 450.00'120.48'15°20'24"S82°16'50"E 120.12
C3 15.00'23.59'90°07'32"N45°05'10"E 21.24'
C4 15.00'23.16'88°28'16"S44°10'40"E 20.92'
C5 15.00'23.59'90°08'40"N45°05'20"E 21.23'
VICINITY MAP
PLAT WARNINGS
LACK OF SOLID WASTE SERVICE
SOIL LIMITATIONS
STATUTORY WARNINGS
LACK OF COMMON SEWER
STATEMENT OF DOMESTIC WATER AVAILABILITY
LACK OF COUNTY ROAD MAINTENANCE
INDICATES AN EASEMENT LINE
LEGEND
TEL 307.885.8500 Z FAX 307.885.8501
47 EAST 4TH AVENUE / PO BOX 609
AFTON, WYOMING 83110
www.sunrise-eng.com
ORTHN
NO PROPOSED PUBLIC SEWAGE DISPOSAL SYSTEM. LOT OWNERS SHALL BE RESPONSIBLE
FOR BUILDING THEIR OWN SMALL WASTEWATER DISPOSAL SYSTEMS WHICH MEETS STATE
AND COUNTY STANDARDS. (W.S.18-5-306)
ENHANCED WASTEWATER TREATMENT SYSTEMS
ENHANCED WASTEWATER TREATMENT SYSTEMS WILL BE REQUIRED ON THE FOLLOWING
LOTS: 57-61
SOILS IN THE SUBDIVISION AREA MAY CAUSE LIMITATIONS FOR SHALLOW EXCAVATIONS
DUE TO COARSE FRAGMENTS, AND FOR WASTEWATER SYSTEM ABSORPTION FIELDS DIE
TO LIMITED FILTERING CAPACITY. LOT OWNERS MAY BE REQUIRED TO USE ENHANCED OR
OTHER ENGINEERED WASTEWATER TREATMENT SYSTEM DUE TI LIMITED FILTERING
CAPACITY OF THE SOIL.
DOMESTIC WATER SHALL BE PROVIDED BY A COMMON WATER SYSTEM. DOMESTIC WATER
WILL BE PROVIDED BY THE ETNA WATER AND SEWER DISTRICT.
SOLID WASTE HAULAGE SERVICE NOT PROPOSED. LOT OWNERS SHALL BE
RESPONSIBLE FOR HAULING THEIR OWN SOLID WASTE.
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. 18-53-306)
NO PUBLIC MAINTENANCE OF STREETS OR ROADS. PLAT ACCEPTANCE DOES NOT
CONSTITUTE ACCEPTANCE OF ROADWAYS AS COUNTY ROADS. DEVELOPMENT NOT
OCCUPIED DURING WINTER MONTHS.
2:1 2:1
60'-0" R/W
2%2%3:1 MA
X
4:1 MAX
24'-0" TYPICAL
PROPOSED ROAD CROSS-SECTIONA
~
2' SHOULDER
INDICATES A RIGHT-OF-WAY LINE
INDICATES A 3/8" X 12" STEEL SPIKE SET
INDICATES A MAG NAIL OR P-K NAIL FOUND OR OF RECORD
INDICATES A LOT BOUNDARY LINE
INDICATES A SUBDIVISION BOUNDARY LINE
INDICATES A LOT NUMBER
NOTE: ROADS PREVIOUSLY CONSTRUCTED FOR PHASE I
ETNA VILLAGE
ESTATES PHASE II
INDICATES A 2" GALVANIZED STEEL PIPE 30" LONG (BLM TYPE) WITH
BRASS CAP INSCRIBED "MARLOWE A. SCHERBEL PLS 5368 AFTON,
WYOMING" AND APPROPRIATE DETAILS, FOUND OR SET THIS SURVEY.
INDICATES A 5/8" X 24" STEEL REINFORCING ROD WITH A 2"
ALUMINUM CAP INSCRIBED, "SURVEYOR SCHERBEL LTD AFTON WY
PLS 5368", AND APPROPRIATE DETAILS, FOUND THIS SURVEY.
INDICATES A 5/8" X 24" STEEL REINFORCING ROD WITH A 2"
ALUMINUM CAP INSCRIBED, "SURVEYOR SCHERBEL LTD AFTON
WY PLS 5368", AND APPROPRIATE DETAILS, SET THIS SURVEY.
INDICATES A CORNER RECORD FILED IN THE
OFFICE OF THE CLERK OF LINCOLN COUNTY
PARABOLIC DRAINAGE SWALE
AND SNOW STORAGE AREA
2.5" HOT PLANT MIX
BITUMINOUS PAVEMENT
6" UNTREATED BASE COURSE
10" STRUCTURAL BACKFILL (AS NEEDED)
ORTHN
DEVELOPMENT AGREEMENT
FOR ETNA VILLAGE ESTATES SUBDIVISION PHASE II
FILE NO. #208 MS 22
THIS AGREEMENT is made and entered into as of the ____ day of _________________, 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
Development Office, whose address is 925 Sage Avenue Suite 201, Kemmerer, Wyoming, 83101
and TGH Industries, LLC, hereinafter referred to as “OWNER/DEVELOPER”, whose address is
4175 South Kestrell, Jackson, WY 83001.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.# 208 MS 22 Etna Village Estates Subdivision Phase II to subdivide
approximately 2.74 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 Etna Village Estates Subdivision Phase II
- Stage I ;
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. #208 MS 22 Etna Village Estates Subdivision Phase II - Stage I 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 TGH Industries,LLC, whose address is
4175 South Kestrell, Jackson, WY 83001, 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 2.74+/- 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:
●Submittal of Water Distribution Plan to the State Engineer’s Office
●Utilities:
o Install Electrical Power to each identified lot
o Install Communication lines to each identified lot
o Install Etna Water Connection 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
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.
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.
Page 2 of 10
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,
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations.
Page 3 of 10
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 Development Office
925 Sage Avenue Suite 201
Kemmerer, WY 83101
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following
address:
TGH Industries, LLC
4175 South Kestrell
Jackson, WY 83001
Page 4 of 10
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, 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
Page 5 of 10
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 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.
Page 6 of 10
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
Page 7 of 10
OWNER/DEVELOPER
________________________________Date: ______________________
Jonathan Baker, Managing Member of TGH Industries LLC
________________________________Date: ______________________
Brittany Baker, Managing Member of TGH Industries LLC
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Jonathan Baker, Managing Member of
TGH Industries LLC &Brittany Baker, Managing Member of TGH Industries LLC , on this
_______day of ________________, 2022.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
Page 8 of 10
EXHIBIT A
DESCRIPTION OF PROPERTY
Etna Village Estates Subdivision Phase II
2.74+/- acres within the Section 10, Township 35 North, Range 119 West, in, Lincoln County,
Wyoming.
Page 9 of 10
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
Page 10 of 10
1
Ryan Erickson
From:Karl Scherbel <karl.scherbel1@gmail.com>
Sent:Thursday, June 2, 2022 3:06 PM
To:Ryan Erickson
Cc:Deanna Clark; Don Snider; Karl Scherbel; Lisa Choma; Seth Warren
Subject:Etna Village Estates Phase II - Will Serve
The Etna, WY Water and Sewer District will serve the proposed Phase II of Etna Village Estates.
Karl F. Scherbel,
Chairman Etna WY Water and Sewer District