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Home My WebLink AboutCombined Staff Report - 207-MS-22 Final PlatAPPLICANTS:Benjamin Thurston and Marla Thurston PROJECT NAME:Good Neighbor Subdivision Third Filing,Phase-I – Final Plat COMMUNITY PLAN AREA:Etna ZONING:Rural SURVEYOR:Surveyor Scherbel, Ltd. PLANNER:Emmett Mavy PIN:3519-101-00-142. _____________________________________________________________________________________ PROPOSAL:A Minor Subdivision Final Plat application proposal to subdivide Lots 4 and 6 of the approved preliminary plat 207-MS-22. The lots will share a private subdivision road off County Road No. 169. Each lot will connect to the Etna Water and Sewer District and have individual septic systems. BACKGROUND:Preliminary Plat 207-MS-22 was approved to subdivide 51.02 +/- acres into Five (5) residential lots, with an average lot size of 10.20 +/- acres, in the Rural Zone. The lots will share a private subdivision road off County Road No. 169. Improvements are to be completed in two phases. This Final Plat is Phase-I of II consisting of only lots 4 and 6. LOCATION:2.8 miles northwest of the Town of Star Valley Ranch, Wyoming in Section 10, Township 35 North, Range 119 West. PIN:3519-101-00-142. _____________________________________________________________________________________ ATTACHMENTS: 1.Final Plat 2.Vicinity Map 3.207 MS 22 Preliminary Plat Approval 4.Phase-I Development Agreement 5.Draft CCR’s / Road Maintenance Agreement _____________________________________________________________________________________ 207 MS 22 BCC FINAL PLAT PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 207 MS 22 Valley Springs II, Phase-I, a Minor Subdivision Final Plat, with: ●Findings of Approval A. through D. ●Resolution of Approval FINDINGS OF APPROVAL: A.The proposed subdivision plat is consistent with the provisions of the Wyoming Statutes regarding county subdivisions, including: a.Star Valley Conservation District Review. b.Adequate Water Supply. c.Public Notice in Newspaper of General Circulation. B.The proposed subdivision plat is consistent with the goals and objectives of the Lincoln County Comprehensive Plan, including: a.Orderly land use development. C.The proposed subdivision plat is consistent with the policies and standards of the Lincoln County Land Use Regulations, including: a.Procedures for Preliminary and Final Plat Application. b.Residential Density Standards. c.Rural Zone Subdivision Improvement Standards. D.The proposed subdivision plat is consistent with the approved Preliminary Plat Permit 207 MS 22, including the satisfaction of the Phase-I Development Agreement for Good Neighbor Subdivision Third Filing. a.Subdivision Road Improvements Completed: i.26’ Width Travel Lane ii.70’ Radius Cul-de-sac (120’ Travel Lane) iii.Construct approved access off County Road 169 and install culvert to assure appropriate flow from the Baker & Heap Ditch. 207 MS 22 BCC FINAL PLAT ROAD MAINTENANCE AGREEMENT (COTA LANE) This Road Maintenance Agreement (“Agreement”) with an effective date of December 10, 2022, is entered into and between Benjamin Thurston and Marla Thurston Po Box 3343 Alpine, WY 83128 AND Ian Osler and Virgina Dorsey, P.O. Box 1802 Wilson, WY 83014 This Agreement provides for the road maintenance and snow removal of Cota Lane (“Roadway”) a private road, as depicted and described in the Good Neighbor Subdivision 3rd Filing Phase I and Phase II Plat (the “Plat”). NOW THEREFORE, in consideration of the premises and mutual covenants provided herein, it is hereby agreed as follows: 1. TERM. This Agreement shall be perpetual and shall encumber and run with the land for solong as the Roadway remains private. 2. ACCESS EASEMENT. The Roadway is subject to a perpetual, non-exclusive easement foringress and egress granting access to all parcel owners and their occupants, agents,guests, service, and emergency vehicles. 3. UTILITY EASEMENT. The roadway is subject to perpetual, non-exclusive public utilityeasement for the purpose of permitting above and below ground public utilities to theinstalled and maintained. 4. SUBJECT PROPERTIES: The subject properties include: Lot 4, Lot 5, Lot 6, Lot 7, and Lot8 of the Good Neighbor Subdivision Third Filing. In the event that any of the SubjectProperties are subdivided further, the property owners, heirs, successors, and assigns ofeach such newly subdivided parcel shall become a Subject Property Owner and be liableunder the Agreement for their then pro rata share of expenses and such pro rata share ofexpenses shall be computed to reﬂect such newly subdivided parcels. 5. ROADWAY MANAGEMENT: This Agreement shall be managed, administered, and enforcedby a Road Maintenance Committee comprised of all Subject Property Owners with anelected roadway manager or agent (“Roadway Manager”). 6. ROADWAY MANAGER: A Roadway Manager shall be elected by the Road MaintenanceCommittee, shall serve a term of three (3) years, and may be replaced or renewed atanytime by majority vote of the Road Maintenance Committee. The Roadway Manager shallbe responsible for monitoring the condition of the road surface and initiating maintenanceactivities as needed to maintain the Roadway. The Roadway Manager shall maintain achecking account with a local ﬁnancial institution and shall prepare and distribute to theSubject Property Owners an annual income and expense report, a year-end balance sheet Draft accounting for all funds received and distributed, and an annual budget that includes line item for reserve funds. 7. ROADWAY MAINTENANCE: Roadway maintenance and road improvements shall be undertaken and made whenever necessary to maintain the road in good operating condition at all times and to ensure safe access by emergency vehicles. A majority vote of the Roadway Maintenance Committee is required for any road improvements and to accept the bid for any road improvement contract. Before authorizing expenditures for future road improvements, the Road Maintenance Committee shall be notiﬁed of a need by the Roadway Manager, cost estimates shall be provided but the Roadway Manager, and majority agreement shall be required. If any Subject Property Owner performs improvements, maintenance, repairs, or replacements without the prior approval of the other Subject Property Owners, said property owner preforming such work shall become liable for the entire cost thereof. 8. SNOWPLOWING: The Roadway shall be snowplowed so as to permit year-round access. The cost for snowplowing/removal shall be shared by the Subject Property Owners as indicated in Paragraph No. 10 below. 9. MAINTENANCE COST: Roadway maintenance, snowplowing, road repair, culverts, and road improvement costs shall be shared equally between the Subject Properties. The Roadway Manager shall provide Subject Property Owners an updates copy of the record of cost allocations at any point that changes are made to said cost allocations. 10. PAYMENTS: Payments for road maintenance, snowplowing, road repair, culverts, and road improvement costs shall be made to a road maintenance account for each Subject Property. Annually, on or before April 1, each Subject Property Owner shall contribute their share of the estimated annual cost for road maintenance, road improvements, and annual snow removal. The Roadway manager shall send each Subject Property Owner a 30-day notice of annual payments due. The Subject Properties are each subject to a minimum base fee of $500 annually. Snow removal contract will be reevaluated annually during the month of October. Estimated Cost for snow removal contract and monies will be collected on November 1. The Roadway Manager shall be responsible for managing and monitoring the snow removal. 11. PARKING: For the safety of the residents, no machinery, trailers, vehicles, or other property shall be stored or parked upon the Roadway. 12. EXTRAORDINARY REPAIRS AND CONSTRUCTION ACTIVITY: Speciﬁcally, with respect to construction activities taking place at any point in time in the future on Subject Property Owner’s property, if vehicle and truck traffic or any other construction activity being conducted by such Subject Property Owner’s contractor(s) damages or degrades the quality of the Roadway, the such Subject Property Owner shall be solely responsible for repairing any damage for extraordinary wear and tear along the Roadway. Such Subject Property Owner shall restore the Roadway to its pre-construction activity condition as soon as reasonably possible both intermittently and throughout the Subject Property Owner’s construction activity, and upon completion of the same. The Roadway Manger shall be notiﬁed prior to any construction activity taking place on Subject Property Owner’s property. The Roadway Manager, or his agent, shall document the condition of the Roadway before, during, and after construction activities occur. 13. AMENDMENTS: This Agreement may be amended at any time by majority consent of all Subject Property Owners. 14. GOVERNING LAW: The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming, without regard to its conﬂict of laws principles. 15. INUREMENT: The rights, duties, and obligations of the parties contained in the Agreement shall insure to the beneﬁt of the parties and their respective successors and assigns, all of whom shall be fully bound and burdened by this Agreement. Any subsequent purchaser of all or any portion of the Subject Properties, by acceptance of delivery of a deed or other instrument of conveyance, shall be deemed to have consented to and become bound by the terms of this Agreement. 16. ENFORCEMENT: This Agreement may be enforced by a majority of Subject Property Owners. The Agreement may be enforced by all remedies available under Wyoming law, including the placement of a lien against the property, or properties, of an owner who does not pay their share of the roadway repair or maintenance. If legal action is taken to enforce the Agreement, the successful party, or parties, shall be entitled to reimbursement for reasonable and necessary cost incurred, including attorneys fees. 17. NOTICE: Subject Property Owners shall be notiﬁed by mail or in person. Subject Property Owners may also provide an email address for notiﬁcation purposes. If the address of a Subject Property Owner is unknown, a certiﬁed notice will be mailed to the address to which the Subject Property Owner’s property tax bills are sent. _______________________________ _______________________________ Ben Thurston Marla Thurston STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The forgoing instrument was acknowledged before me by Benjamin Thurston and Marla Thurston this ___ day of ___________________2022. Witness my hand and ofﬁcial seal. SEAL ________________________________________ Notary Public My commission expires: _____________________ ______________________________ Ian Osler STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The forgoing instrument was acknowledged before me by Ian Osler, this ___ day of ___________________2022. Witness my hand and ofﬁcial seal. SEAL ________________________________________ Notary Public My commission expires: _____________________ _________________________ Virginia Dorsey STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The forgoing instrument was acknowledged before me by, Virginia Dorsey, this ___ day of ___________________2022. Witness my hand and ofﬁcial seal. SEAL ________________________________________ Notary Public My commission expires: _____________________