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HomeMy WebLinkAboutFeb 15 Combined PP Staff Report for Teresa Porter Sub 211-MS-21PRELIMINARY PLATLINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Minor Subdivision Preliminary Plat HEARING TIME AND DATE: 6:00 p.m., February 15, 2023 LOCATION:Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer, Wyoming & Afton Planning & Engineering Office, 61 E. 5th Ave., Afton, Wyoming FILE # 211-MS-21 APPLICANTS:R. Wade Johnson, Trustee PROJECT NAME:Teresa Porter Subdivision – Preliminary Plat COMMUNITY PLAN AREA:Upper Valley ZONING:Rural SURVEYOR:Ross Turner PLANNER:Emmett Mavy PIN:3319-263-00-026 _____________________________________________________________________________________ PROPOSAL:A Minor Subdivision Preliminary Plat application proposal to subdivide 28.56 +/- acres into three (3) residential lots. The average lot size will be 9.52 +/- acres in the Rural Zone. The lots will each access off of CR 131 Northwest of Afton, with Lot 2 & 3 sharing a 60’ easement. Each lot will have individual wells and individual septic systems. LOCATION:5.0 miles Northwest of the Town of Afton,Wyoming in Section 26, Township 33 North, Range 119 West. BACKGROUND: This land was part of a Trust and it was decided to be divided among three grandchildren of the trust creator. This land is being split into three lots so each of the beneficiaries may have one lot. The property qualifies for a family exemption but the trustee opted for the minor subdivision so the grandchildren are not limited to wait five years for the sale of a lot. At the time of pre-application it was determined that a subdivision road was not necessary as lot 1 has an existing access and lot 2 & 3 can share a 60’ easement off of CR 131. Property has a section of floodplain and a seasonal ditch that runs through the property, but each lot has buildable space outside the floodplain. _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Agency Correspondence _____________________________________________________________________________________ 211-MS-21 PZC - PRELIMINARY PLAT PRELIMINARY PLATPLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 211-MS-21 a Minor Subdivision Preliminary Plat, with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 4. ●A Recommendation for the Board Chairman to sign the Development Agreement. 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.Install electrical power and communication lines; ii.Submittal of Water Distribution Plan to the State Engineer’s Office if water rights exist on the property; iii.Survey monumentation; 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 30 days after approval of the Preliminary Plat or the application and approval shall be voided. 211-MS-21 PZC - PRELIMINARY PLAT PRELIMINARY PLATAGENCY CORRESPONDENCE: Lincoln County Weed & Pest:Lincoln County Weed &Pest has not inspected the property due to snow on the ground at the time of request. Property owner needs to contact Lincoln County Weed & Pest again and have the property inspected. A weed management plan is required by the Development Agreement. Star Valley Conservation District:Due to groundwater levels being so close to the surface in this section, SVCD recommends soil cuts to determine groundwater levels. If groundwater is high, we recommend an enhanced septic system and shallow or no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times static water levels fluctuate according to the amount of high-water runoff from year to year. State Engineer's Office:No correspondence has been received at this time. Public Comments:N/A 211-MS-21 PZC - PRELIMINARY PLAT The foregoing instrument was acknowledged before me by Rollin Wade Johnson in hisofficial capacity as Successor Trustee, as described in the Certificate of Owner abovethis ________ day of ____________________, 2023.Witness my hand and official seal:__________________________________________Notary PublicMy Commission expires: I, Rolln Wade Johnson, Successor Trustee of the Lynn R. Johnson Family Living Trust, dated August 29, 2007, hereby certify that the division of that tract of land shown hereon and further described in the Certificate of Surveyor is with the free consent and is in accordance withthe desires of the undersigned owner and proprietor;That the name of the subdivision shall be TERESA PORTER SUBDIVISION;That the portion of the Subdivision lying within the south 30 feet of Section 26, as depicted onthis plat, is subject to an easement for the Tom's Canyon County Road No. 12-131;That there are no irrigation water rights at this time appurtenant to this subdivision; andThat all rights under and by virtue of the Homestead Exemption Laws of the State of Wyoming are hereby released.___________________________________________Rollin Wade Johnson, Successor TrusteeLynn R. Johnson Family Living TrustSTATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )Ross M. Turner, PE&LSP.O. Box 819Afton, Wyoming 83110Lynn R. Johnson Living Family TrustR. Wade Johnson, Sucessor Trustee66 Crown Ranch RoadAuburn, Wyoming 83111SURVEYORTOWNSHIP 33 NORTH, RANGE 119 WESTTERESA PORTER SUBDIVISIONBilly and Amy Johnson Living Trust61 Sure-Bet Lane, Auburn, WY 83111TERESA PORTER SUBDIVISIONS S6N 00°01'45" W N 89°35'31" E626.15'168.63'S 34S 27208.7140.08N 00°01'45" W N 00°01'45" W 696.40'1322.55' 1322.68' 1321.76'SW1/4SW1/4N 00°01'45" W N 00°05'40" W N 00°01'45" W N 89°45'39" ES 89°45'39" W40.08'314.43'626.15'318.30'S 35S 2660'Lot 39.52 acres30'S 00°01'45" E 696.48' 1322.20'Lot 3 Flood Plain3.35 acresLot 29.52 acresS 89°45'39" W200.53'Jerie A. Tau741 Tom's Canyon RdAuburn, WY 831111028-5650.60 acresN 89°45'39" E267.05'131.25'Common DrivewayEasement60'52.22'30'N 00°15'01" W S 89°45'39" W126.39'98.84'179.91'S 35S 26W 1/16Lot 19.52 acresS 00°05'48" E S 00°05'48" E N 00°05'48" W 1191.24' 1320.88'Lot 1 Flood Plain2.32 acresLot 2 Flood Plain1.61 acresS 27S 1/16N 89°32'36" E167.12'N 89°50'21" E318.30'41.59'359.89'N 89°50'21" E312.86'N 89°50'21" EN 89°50'21" E318.91'328.58'S 26SW 1/160 50 100 150 200 250 300 350 400 450 500A FLOOD HAZARD EXISTS ON LOTS 1, 2, AND 3. Areas as shown on these lots have been designated by Lincoln County as lying within Flood Plain Zone A. Construction of permanent building structures within these areas is prohibited.AGRICULTURAL 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, 2007.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 CENTRAL SEWER No proposed public sewage disposl system (W.S. 18-5-306). 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, 2007). Lot owners shall be responsible for building their own wells which meet state standards.STREAM 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, 2007).FLOOD HAZARD WARNING6.34 AcresBilly Brock JohnsonEnd of County Road30'30'drainageIf canal is officially abandoned, that portionwithin the subdivision will revert to theowner of Lot 3.1" = 100'SCALE2 rod easement for canal - not recently used.Cleolon D. Hyde, Trustee627 Tom's Canyon Rd, Auburn, WY 83111839-582Cleolon D. & Elaine Hyde, Trustees627 Tom's Canyon Rd., Auburn, WY 83111402-51, 768-1539.66 AcresBilly and Amy Johnson RemainderP.O. Box 1342, Afton, WY 83110PLAT WARNINGS Tom's Canyon County Road No. 12-131seasonal= 1/2" diameter cotton gin spindle with gear-shaped head set just below roadway surface= 3/8" steel spike set in pavement surface, found= 5/8" steel reinforcing bar post with 2.5" aluminum cap inscribed ROSS TURNER AFTON WY PE & LS 3514", with appropriate Lot numbers or 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 on file or to be filed in the Office of the County ClerkLEGENDMervin R. & Kristy Brubaker697 Tom's Canyon Rd. Auburn, WY 83111536-339William D. and Donna J. Spaulding, Trustees175 Braves Circle, Afton, WY 83110835-46Braden and Justene Worton244 Tom's Canyon Rd, Auburn, WY 83111943-407STATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )The foregoing instrument was acknowledged before me by Ross M. Turner this _______ day of _______________, 2023.Witness my hand and official seal:________________________________________Notary Public___________________________________Wyoming PE&LS 3514 I, Ross M. Turner, a Registered Profesional Engineer and Land Surveyor of Afton, Wyoming, and Spanish Fork, Utah, hereby certify that this plat was made from notes taken by myself during an actual survey in August, 2020 throughSeptember, 2022, and from records in the Office of the Clerk of Lincoln County;That it correctly represents the TERESA PORTER SUBDIVISION.STATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )This plat was filed for record in the Office of the Clerk of Lincoln Countyon this___________ day of ____________________, 2023.__________________________________________County or Deputy ClerkCERTIFICATE OF RECORDATIONCERTIFICATE OF SURVEYORCERTIFICATE OF APPROVALPersuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301 through 18-5-315, Wyoming Statutes, 2009, as amended,TERESA PORTER SUBDIVISION was approved at the regular meeting of the Lincoln County Board of County Commissioners held on this ______ day of __________________, 2023.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, 2009, as amended.Board of County CommissionersCounty of Lincoln______________________________________________ _________________________________________________Jerry W. Hansen, Chairman Kent Connelly, Vice-ChairmanAttest:______________________________________________ __________________________________________________April Brunski, Clerk Teri Bowers, CommissionerTotal Number of Lots: 3Average Lot Size: 9.52 Ac.Total Acres: 28.56 Ac.Use of Lots: ResidentialZoning: RuralJANUARY 8, 2023DATELAND USE TABLELINCOLN COUNTY, WYOMINGSW1/4SW1/4 OF SECTION 26OWNERWITHIN THESTATE HIGHWAY 238CERTIFICATE OF OWNERSCALE: 1" = 1000'S 26SUBDIVISIONS26, T33N, R119WVICINITY MAP Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 12/8/2022 1:36,112 0 0.45 0.90.225 mi PIN 3319-263-00-026 Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Parcels (Approximate) Municipal Bndries Township and Range Lines Section Lines Red: Red Green: Green Blue: Blue © Lincoln County This map is made possible through a joint effort of theOffices of Lincoln County Planning & Zoning and theAssessor's Office. This map is for locational andinformational purposes only. No depiction should beconstrued to be an official survey of land. Accuracy ofdata contained or depicted is neither warranted norassumed. Always contact a qualified surveyor forconfirmation of property boundaries. Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 1/12/2023 1:4,514 0 0.055 0.110.0275 mi Teresa Porter Floor Plain A Flood Plain (DFIRM) A AE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD D Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Parcels (Approximate) © Lincoln County This map is made possible through a joint effort of theOffices of Lincoln County Planning & Zoning and theAssessor's Office. This map is for locational andinformational purposes only. No depiction should beconstrued to be an official survey of land. Accuracy ofdata contained or depicted is neither warranted norassumed. Always contact a qualified surveyor forconfirmation of property boundaries. DEVELOPMENT AGREEMENT FOR TERESA PORTER SUBDIVISION FILE NO. #211-MS-21 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2023 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 421 Jefferson St., Suite 701, Afton, Wyoming, 83110, specifically Lincoln County Planning and Development and R. Wade Johnson, Trustee., hereinafter referred to as OWNER/DEVELOPER”, whose address is 66 Crown Ranch Road, Auburn, WY 83111. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.# 211-MS-23 Subdivision to subdivide approximately 28.56 acres into 3 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 Teresa Porter 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. #211-MS-23 Teresa Porter 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 R. Wade Johnson, Trustee, whose address is 366 Crown Ranch Road, Auburn, WY 83111, 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 28.56+/- 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 if water rights exist on the property. ●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 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. Page 2 of 10 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. No roads are being constructed within this subdivision. 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 421 Jefferson St., Suite 701 Afton, Wyoming, 83110 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: R. Wade Johnson, Trustee 66 Crown Ranch Road Auburn, WY 83111 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 Page 4 of 10 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 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. Page 5 of 10 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. 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. Page 6 of 10 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: ______________________ Jerry W. Hansen, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 7 of 10 OWNER/DEVELOPER ________________________________Date: ______________________ R.Wade Johnson, Trustee of __________________________________ STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by R. Wade Johnson, Trustee of_________________________________ Trust this ____ day of ______________ 2023. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ Page 8 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Teresa Porter Subdivision 28.56+/- acres within Section 26, Township 33 North, Range 119 West, in, Lincoln County, Wyoming. Page 9 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 10 of 10