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HomeMy WebLinkAboutBCC Staff Report Final Plat 111-PMA-23 Etna Village Estates Sub Phase IIAPPLICANTS:TGH Industries,LLC PROJECT NAME:Etna Village Estates Subdivision Phase II Second Filing,Final Plat COMMUNITY PLAN AREA:Etna ZONING:Mixed Use SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy PIN:3519-101-00-141 _____________________________________________________________________________________ PROPOSAL:A Major Subdivision Final Plat application as part of the “Second Filing”of Master Plan 102-MP-23 proposal to subdivide 37.02+/-acres into sixty-six (66)residential lots,and one Utility Lot with an average lot size of 0.56 +/-acres,in the Mixed Zone.Lots 62-128 will be phased. Phasing: Etna Village Estates Subdivision Phase II Master Plan,Second Filing -Lots 62-89 LOCATION:2.5 miles northwest of the Town of Star Valley Ranch,Wyoming in Section 10,Township 35 North,Range 119 West.PIN:3519-101-00-141. ____________________________________________________________________________________ ATTACHMENTS: 1.Final Plat 2.Vicinity Map 3.111-PMA-23 Preliminary Plat Approval 4.Development Agreement 5.Draft CCR’s /Road Maintenance Agreement 6.Master Plan 102-MP-23 Final Determination _____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File #111-PMA-23 Etna Village Estates Subdivision Phase II Second Filing,a Major Subdivision Final Plat,with: ●Findings of Approval A.through D. ●Resolution of Approval 111-PMA-23 BCC FINAL PLAT 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.Mixed Zone Subdivision Improvement Standards D.The proposed subdivision plat is consistent with the approved Preliminary Plat Permit 111-PMA-23,including the satisfaction of the Development Agreement for D Etna Village Estates Subdivision Phase II Second Filing. 111-PMA-23 BCC FINAL PLAT £¤89 Star Valley Ranch 20 07 0506 19 18 08 17 02 15 12 14 10 13 11 03 242223 01 35N 118W35N 119W Cota LaneEtna Village Drive TGH INDUSTRIES,LLC OX YOKE B LLC LOVELAND, ERIC & DAWN KSR 1217, LC BLAIR, TARANK ETAL THURSTON, BENJAMIN& MARLA LENNOX, ESTHER H & PHILLIP D OSLER, IAN &VIRGINIA DORSEY P.O.O.P.LLC PARCS FIVE CRAZY KIDS, LLC PETERSEN,DALEPETERSEN,DALE PETERSEN, BEN & MARY PETERSEN, BEN & MARY P.O.O.P.LLC PARCS BARRETT, ANN M TGH INDUSTRIES, LLCROBBINS, JACOB TURNER, ROBERT TURNER,MATTHEW & JAMIE HOLDEN,PAUL & SUMAYAH CONDER, ADAM M &HALEE M RYMINVESTMENTS LLC KISLING, KYLE A & LINDSEY K PETERSON,PAUL J & MARGO SUTTON, CINDY D TRUSTEE BLACK,STEPHANIE JOHNSON, HAL D III &NICOLE M ETAL NORTH RIDGE HOMES & PROPERTIES, INC FIEBKE, JACOB SORENSEN,TAWNYA NICKER WHINNYLLC C/O ACACIO CARLO & MEGAN OVERTON SHEUE,ERIC ALPINE HOME BUILDERS,LLC CAMP, MICHAELC & ANNE MLOWER VALLEY ENERGY, INC OTTLEY, DAVID JALPINE HOMEBUILDERS, LLC ALPINE HOME BUILDERS, LLC BIZER, TANNER ETAL TAPIA,ALEXIS M & RYAN A ALPINE HOME BUILDERS, LLC KASTELEIN,DARREN & ALLISON SEMPLE, DEREK OBRIEN, JACQUELINE ETNA VILLAGEESTATES HOMEOWNERS ASSOCIATION HICKS, ERNEST F& ARLENE A HICKS, ERNEST F & ARLENE A ETNA VILLAGE ESTATES HOMEOWNERSASSOCIATION TGHINDUSTRIES, LLC TGHINDUSTRIES, LLC TGH INDUSTRIES, LLC TGHINDUSTRIES, LLC TGHINDUSTRIES, LLC THURSTON,BENJAMIN & MARLA Maxar Major Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 111 MA 23 Etna Village Estates Subdivision Phase II Master Plan TGH Industries, LLC Prepared using available data by Katie Gipson, on 27 Mar. 2023. Map is for informational purposes only and in no way represents an official survey of land. NOTARY PUBLIC CERTIFICATE OF APPROVAL APRIL BRUNSKI, COUNTY CLERK KENT CONNELLY, COMMISSIONER TERI BOWERS COMMISSIONER JERRY HANSEN, 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 www.sunrise-eng.com AFTON, WYOMING 83110 47 EAST 4TH AVENUE TEL 307.885.8500 Z FAX 307.885.8500Professional 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 2023. 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 2023.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 SECOND FILING WAS APPROVED AT THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD ON THE DAY OF , 2023. 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 Etna Village Estates Subdivision Phase II Second Filing June 2023 TGH Industries, LLC I, KARL F. SCHERBEL, OF AFTON, WYOMING, HEREBY CERTIFY THAT THIS PLAT WAS MADE FROM NOTES TAKEN DURING AN ACTUAL SURVEY MADE BY ME AND BY PERSONS UNDER MY SUPERVISION DURING JUNE 2023 AND FROM RECORDS IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY AND THAT IT CORRECTLY REPRESENTS ETNA VILLAGE ESTATES SUBDIVISION PHASE II - SECOND FILING; THAT THE BOUNDARY OF THE SUBDIVISION IS: THAT PART OF THE W1/2NE1/4 OF SECTION 10, T35N R119W, LINCOLN COUNTY, WYOMING, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST POINT OF LOT 24 OF ETNA VILLAGE ESTATES PHASE I, A SUBDIVISION OF RECORD IN SAID OFFICE WITH ACCESSION NO. 930932, ON THE EAST LINE OF SAID W1/2NE1/4, S00°01'24"W, 25.77 FEET, FROM THE NORTHEAST CORNER OF THE SW1/4NE1/4 OF SAID SECTION 10; THENCE N88°56'58"W, 165.02 FEET, ALONG THE NORTH LINE OF SAID LOT 24, TO THE NORTHWEST POINT IDENTICAL WITH THE SOUTHEAST POINT OF LOT 61 ETNA VILLAGE ESTATES PHASE II OF RECORD IN SAID OFFICE WITH INTERCESSION NO. 1028361; THENCE ALONG THE BOUNDARY OF SAID ETNA VILLAGE ESTATES PHASE II, AS FOLLOWS: N0°01'24"E, 169.40 FEET, ALONG THE EAST LINE OF LOT 61, TO THE NORTHEAST POINT THEREOF; N89°58'36"W, 165.00 FEET, ALONG THE NORTH LINE OF SAID LOT 61 TO A POINT THEREOF, IDENTICAL WITH THE SOUTHEAST POINT OF LOT 59; N0°01'24"E, 140.00 FEET, ALONG THE EAST LINE OF LOT 59, TO THE NORTHEAST POINT THEREOF; N89°58'36"W, 165.00 FEET, ALONG THE NORTH LINE OF LOT 59, TO THE NORTHWEST POINT THEREOF; N0°01'24"E, 28.56 FEET, ALONG THE EAST LINE OF LOT 58, TO THE NORTHEAST POINT THEREOF; N90°00'00"W, 165.00 FEET, ALONG THE NORTH LINE OF LOT 58 AND THE NORTH LINE OF LOT 57, TO A POINT AND LEAVE SAID PHASE II BOUNDARY; THENCE N0°01'24"E, 662.19 FEET,TO A POINT; THENCE N90°00'00"E, 163.64 FEET, TO A POINT; THENCE N00°01'24"E, 207.09 FEET, TO A POINT; THENCE S88°47'36"E, 45.90 FEET, TO A POINT, AT THE BEGINNING OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY 9.77 FEET, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°19'49", WITH A RADIUS OF 60.00 FEET, AND A CHORD BEARING S84°07'51"W, 9.75 FEET, TO A POINT: THENCE N05°07'43"E, 166.38 FEET, TO A POINT ON THE NORTH LINE OF SAID W1/2 NE1/4; THENCE S88°46'36"E, 426.05 FEET, ALONG SAID NORTH LINE, TO THE NORTHEAST CORNER OF SAID W1/2NE1/4; TO A POINT, THENCE S0°00'24"W 1365.00 FEET, ALONG THE EAST LINE OF SAID W1/2NE1/4,TO THE POINT OF BEGINNING; ENCOMPASSING AN AREA OF 16.01 ACRES. CERTIFICATE OF OWNERS WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THIS SUBDIVISION, BEING OF PART THE W1/2NE1/4 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 PROPRIETOR OF SAID LANDS; THAT THE NAME OF THE SUBDIVISION SHALL BE "ETNA VILLAGE ESTATES SUBDIVISION PHASE II SECOND FILING; THAT BALDY PEAK DRIVE, LITTLE GREYS LOOP, ETNA VILLAGE DRIVE, AND CARIBOU PEAK LOOP, AS SHOWN ON THIS PLAT, ARE PRIVATE ROADS WITH A SIXTY (60) FOOT NON-EXCLUSIVE PERPETUAL RIGHT-OF-WAY GRANTED TO THE OWNER OF EACH LOT WITHIN THE SUBDIVISION; AND THE OWNER OF ETNA VILLAGE ESTATES PHASE I AND PHASE II. 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 THEIR ADJOINING LANDS OF THE UNDERSIGNED; THAT UTILITY TRACT 62 IS SUBJECT TO A 20' IRRIGATION EASEMENT BEING 10' EACH SIDE OF THE ACTUAL PIPELINE; 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 TO ALL UTILITY COMPANIES, THEIR HEIRS SUCCESSORS, AND ASSIGNS INCLUDING, BUT NOT LIMITED TO, LOWER VALLEY ENERGY, SILVER STAR COMMUNICATION, AND THE ETNA WYOMING WATER AND SEWER DISTRICT, FOR THE UNDERGROUND INSTALLATION AND MAINTENANCE OF POWER, TELEPHONE, CABLE TELEVISION, GAS, STORM WATER DRAINAGE, AND IRRIGATION FACILITIES APPURTENANT TO THIS SUBDIVISION AND APPURTENANT TO ADJOINING LANDS OF THE UNDERSIGNED; 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 675 OF PHOTOSTATIC RECORDS ON PAGE 512, AS AMENDED, IN ACCORDANCE WITH THAT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ETNA VILLAGE ESTATES SUBDIVISION PHASE II TO BE RECORDED CONCURRENTLY HEREWITH; 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. STATE OF WYOMING } COUNTY OF LINCOLN } }SS 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 JONATHAN BAKER MANAGING MEMBER TGH INDUSTRIES, LLC BRITTANY BAKER MANAGING MEMBER TGH INDUSTRIES, LLC SIGNATURES OBTAINED BY SEPARATE CERTIFICATE OF OWNERS SIGNATURE, TO BE RECORED CONCURRENTLY HEREWITH SIGNATURES OBTAINED BY SEPARATE CERTIFICATE OF OWNERS SIGNATURE, TO BE RECORED CONCURRENTLY HEREWITH CERTIFICATE OF RECORDATION APRIL BRUNSKI, CLERK THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY ON THE ___ DAY OF ________ 2023 CARIBOU PEAK LOOP LITTLE GR E Y S L O O P ETNA VILLAGE DRIVEETNA VILLAGE ESTATES PHASE II INSTRUMENT NO. 1028361 ETNA VILLAGE ESTATES PHASE I INSTRUMENT NO. 930932 20' IRRIGATION EASEMENT 25' AGRICULTURAL BUFFER 25' AGRICULTURAL BUFFER LOT 74 0.62± ACRES (0.38± ACRES NET) LOT 73 0.79± ACRES (0.56± ACRES NET) LOT 72 0.65± ACRES (0.57± ACRES NET) LOT 71 0.73± ACRES (0.67± ACRES NET) LOT 75 0.71± ACRES (0.44± ACRES NET) LOT 70 0.56± ACRES (0.34± ACRES NET) LOT 69 0.54± ACRES (0.45± ACRES NET)LOT 68 0.61± ACRES (0.53± ACRES NET) LOT 67 0.53± ACRES (0.43± ACRES NET) LOT 66 0.53± ACRES (0.43± ACRES NET) LOT 65 0.53± ACRES (0.43± ACRES NET) LOT 64 0.53± ACRES (0.43± ACRES NET) LOT 63 0.53± ACRES (0.43± ACRES NET)UTILITY TRACT 62 0.43± ACRES LOT 80 0.53± ACRES (0.43± ACRES NET) LOT 79 0.53± ACRES (0.43± ACRES NET) LOT 78 0.53± ACRES (0.43± ACRES NET) LOT 77 0.53± ACRES (0.43± ACRES NET) LOT 84 0.64± ACRES (0.50± ACRES NET) LOT 83 0.53± ACRES (0.43± ACRES NET)LOT 82 0.53± ACRES (0.43± ACRES NET) LOT 81 0.53± ACRES (0.43± ACRES NET) LOT 89 0.50± ACRES (0.41± ACRES NET) LOT 88 0.50± ACRES (0.41± ACRES NET) LOT 87 0.50± ACRES (0.41± ACRES NET) LOT 86 0.54± ACRES (0.45± ACRES NET) LOT 85 0.64± ACRES (0.56± ACRES NET)S88°46'36"EN5°07'43"E S88°47'36"E 45.90' N0°01'24"E C17N90°00'00"EN0°01'24"E N90°00'00"WN0°01'24"E 28.56'N89°58'36"WN0°01'24"E N89°58'36"WN0°01'24"E S0°01'24"W120.28'64.83'C1 C5 C9 C7 C13 C14 C32 C35 C30 C33 C19 72.96'C20 C21 C22 C23 C24 C25 C26 C27 69.94'C11 C15 72.06'C16 150.52'C18 C12 C10 C8 C6 C31 C34 C2 C3 135.78'N90°00'00"W 165.00'N90°00'00"W 165.00'N90°00'00"W 167.05'N90°00'00"W 193.29'111.44' 140.00'N45°36'16"W 114.02' 112.74'321.05'140.00'140.00' 140.00' 140.00'140.00'140.00'30.00'30.00'30.00'30.00'30.00'135.00'135.00'135.00'135.00'N89°58'36"W 165.00'N89°58'36"W 165.00'N89°58'36"W 165.00'135.00'135.00'135.00'N89°58'36"W 165.00'135.00'N89°58'36"W 165.00'N89°58'36"W 165.00'135.00'N59 °24 '47 "E 262 .72 'S67°45'13 "W 195 .45 ' 164 . 72 'S64°50'17"E 199.30'N5 4 ° 3 5 ' 4 6 "E 2 9 2 . 7 6 ' 136.29' 30.09'S71°14'52"E 127.79'N73°32'33"E 146.25'115.19' 675.19' 140.00'N89°58'36"W 165.00'140.00'N89°58'36"WN0°01'24"E 140.00' 140.00'N89°58'36"W140.00' 96.20' 140.00' 132.19'135.00'30.00'135.00'132.50'82.95'136.95'161.88'N64°41'14"W 78.74'48.71'177.09'30.00' C28 C29 25.77' 169.40'165.02'N88°56'58"W165.00'140.00'165.00'165.00'662.19'163.64'207.09' 166.38'426.05'1335.05'N88°56'58"WC36 N0°01'24"E 69.82' 86.97' N0°01'24"E 30.57' 800.39' S25°01' 0 2 " E 194.73'N45°36'16"W N45°36'16" W N45°36'16" W LOT 76 0.67± ACRES (0.53± ACRES NET) S0°01'24"W 330.00'330.00'328.40'420.00' S0°01'24"W N0°01'24"E 237.24'C4 347.64' 347.64' 376.20' 124.73'105.01'70.00' 7 0 . 0 0 '70.00'2 2 2 . 7 6 '129.30'219.97'67.55 ' 30 . 44 '165.44 '30.01 ' 192.33'30.00'30.57'84.63'55.37' 140.00' 84.62'55.38'30.00'140.00' 84.62'55.38'30.00'140.00' 84.62'55.38'30.00'140.00' 84.62' 55.38'30.00'135.00'30.00'140.00'135.00'30.00'135.00'30.00'135.00'30.00'135.00'119.24'20.76'13.26'82.94' 140.00' N3°10'27"E 161.98'N89°58'36"W30.00'116.03'S45°36'16"E97.56'30.15'30.08'30.10'31.41'30.03'132.50'132.50'132.50'132.50'132.19'30.00'30.09'S 4 4 ° 2 3 ' 4 4 "W 1 2 2 . 0 0 '120.13'133.32'117.11'N0°01'24"E 135.00'NE 1/16 LOT 26 LOT 25 LOT 24 LOT 56 LOT 58 LOT 59LOT 60 LOT 61 CARIBOU PEAK LOOP4.23' E 1/16 S.10/S.3 FLYING P FAMILY EXEMPTION GOOD NEIGHBOR 2ND FILING ETNA VILLAGE ESTATES PHASE I CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 LENGTH 49.60' 43.83' 43.84' 5.78' 135.09' 135.37' 200.16' 68.73' 120.90' 38.64' 133.80' 172.31' DELTA 4°30'39" 4°11'09" 4°24'24" 0°33'7" 12°17'10" 12°55'37" 20°07'11" 6°33'47" 10°59'44" 3°41'22" 12°10'05" 16°27'17" RADIUS 630.00' 600.00' 570.00' 600.00' 630.00' 600.00' 570.00' 600.00' 630.00' 600.00' 630.00' 600.00' CHORD BEARING S2°16'43"W S2°06'59"W S2°13'36"W S4°29'07"W S10°40'38"W S11°13'29"W S14°29'24"W S20°58'11"W S22°19'05"W S26°05'46"W S33°53'59"W N36°10'06"E CHORD LENGTH 49.59' 43.83' 43.83' 5.78' 134.83' 135.08' 199.13' 68.69' 120.72' 38.63' 133.54' 171.72' CURVE TABLE NO. C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 LENGTH 145.54' 33.24' 29.88' 22.61' 9.77' 35.46' 56.03' 26.97' 19.64' 93.88' 97.27' 74.00' DELTA 14°37'48" 95°12'57" 85°35'18" 43°11'20" 9°219'30" 33°51'50" 35°40'05" 90°00'00" 56°15'04" 76°50'18" 79°36'48" 60°33'57" RADIUS 570.00' 20.00' 20.00' 30.00' 60.00' 60.01' 90.00' 17.17' 20.00' 70.00' 70.00' 70.00' CHORD BEARING S31°51'53"W S86°47'15"W N2°48'37"W N67°11'56"W S84°07'51"E N62°32'11"W N63°26'18"W N89°23'44"E N16°16'12"E S26°33'49"W N75°12'38"W N5°02'16"W CHORD LENGTH 145.15' 29.54' 27.17' 22.08' 9.75' 34.95' 55.13' 24.28' 18.86' 87.00' 89.63' 70.60' CURVE TABLE NO. C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 LENGTH 92.22' 19.64' 26.97' 28.43' 20.51' 93.29' 88.98' 94.16' 101.26' 89.60' 81.04' 23.29' DELTA 75°29'05" 56°15'04" 90°00'00" 5°49'01" 4°42'06" 19°05'26" 20°23'31" 24°31'22" 20°43'13" 20°32'03" 21°06'18" 88°58'22" RADIUS 70.00' 20.00' 17.17' 280.00' 250.00' 280.00' 250.00' 220.00' 280.00' 250.00' 220.00' 15.00' CHORD BEARING N62°54'15"E S72°31'16"W S0°36'16"E S42°41'45"E S43°15'13"E N30°14'32"W N30°42'25"W N33°20'35"W N10°20'12"W S10°14'38"E N10°31'45"W S44°27'47"E CHORD LENGTH 85.70' 18.86' 24.28' 28.42' 20.51' 92.86' 88.51' 93.44' 100.71' 89.12' 80.58' 21.02' VICINITY MAP TEL 307.885.8500 Z FAX 307.885.8501 47 EAST 4TH AVENUE / PO BOX 609 AFTON, WYOMING 83110 www.sunrise-eng.com ORTHNETNA VILLAGE ESTATES PHASE II SECOND FILING 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 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: 63-89 SOILS IN THE SUBDIVISION AREA MAY CAUSE LIMITATIONS FOR SHALLOW EXCAVATIONS DUE TO COARSE FRAGMENTS, AND FOR WASTEWATER SYSTEM ABSORPTION FIELDS DUE TO LIMITED FILTERING CAPACITY. LOT OWNERS MAY BE REQUIRED TO USE ENHANCED OR OTHER ENGINEERED WASTEWATER TREATMENT SYSTEM DUE TO 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. SPLIT ESTATE THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED IS SUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE (W.S. 18-5-306) EXISTING AGRICULTURAL OPERATIONS THERE ARE EXISTING AGRICULTURAL OPERATIONS ADJACENT TO THIS SUBDIVISION AND AGRICULTURAL RELATED NUISANCES MAY EXIST WITHIN THE SUBDIVISION. SHOULD LAND ADJACENT TO THIS SUBDIVISION BE REMOVED FROM AGRICULTURAL USE THE 25 FOOT RESIDENTIAL NON-BUILDING BUFFER WILL NO LONGER BE IN EFFECT AND NORMAL SETBACKS STANDARDS SHALL APPLY. THE EXISTING AGRICULTURAL OPERATIONS ARE PROTECTED BY (W.S. 11-44-103, 2003) ORTHN ETNA VILLAGE ESTATES PHASE II INDICATES AN EASEMENT LINE LEGEND INDICATES A RIGHT-OF-WAY LINE INDICATES A LOT BOUNDARY LINE INDICATES A SUBDIVISION BOUNDARY LINE 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 11810", AND APPROPRIATE DETAILS, SET THIS SURVEY. INDICATES A CORNER RECORD FILED IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY INDICATES A CALCULATED POSITION, NO MONUMENT FOUND OR SET DRAFTDECLARATIONOFCOVENANTS, CONDITIONS,AND RESTRICTIONS FOR ETNA VILLAGE ESTATES SUBDIVISION PHASE II (SECOND FILING) This Declaration of Covenants,Conditions,and Restrictions for Etna Village Estates is made and executed effective the ___day of _____,2023,by TGH Industries LLC,a Wyoming limited liability company,hereinafter referred to as “Declarant.” RECITALS: Declarant is the owner of certain real property located in the County of Lincoln,State of Wyoming,and more particularly described as follows: The real property described in Exhibit “A”attached hereto and made a part hereof (hereafter referred to as the “Property”or “Phase II,Second Filing”),and as further depicted and shown on the Plat attached hereto as Exhibit “B”and labeled as Etna Village Estates Subdivision Phase II –Second Filing,recorded as Accession No.________. WHEREAS,a prior developer of adjacent property entered into and executed that certain Declaration of Covenants,Conditions and Restrictions for Etna Village Estates Subdivision (“Declaration”or “Covenants”)dated effective September 13,2007,recorded on October 15, 2007 as No.934052 in Book 675,at Page 512 of the real estate records of Lincoln County, Wyoming,related to what is commonly known as Phase I of Etna Village Estates (“Phase I”). Such Declaration established certain covenants,conditions,restrictions,and encumbrances governing Phase I and the use and development thereof,and was twice amended as provided in Reception No.1001535 recorded at Book 939 and Page 658,as well as Reception No.1013154 recorded at Book 998 and Page 323. WHEREAS,In order to provide for the orderly development and controlled use of the Property and the residential Lots created in Phase II,Second Filing of the Etna Village Estates Subdivision,and to provide for the maintenance,repair,replacement and management of the common areas for the benefit of present and future Owners of both Phase I and Phase II,Second Filing,and to protect the value and desirability of the Property as a premier residential real estate Page 1 of 3 DRAFTproject,in a manner consistent with the requirements of the applicable Lincoln County Land Use Regulations,Declarant seeks to adopt covenants for the purpose of enhancing and protecting the value and attractiveness of the Property,including Phase II,Second Filing. NOW,THEREFORE,Declarant hereby declares that all of the properties described in Exhibit A and B within Phase II,Second Filing of the Property shall be held,sold,and conveyed subject to the Declaration and Covenants attached hereto as Exhibit C,which shall be for the purpose of protecting the value and desirability of,and which shall run with,the real property and be binding on all parties having any right,title or interest on the described properties or any part thereof,their heirs,successors and assigns,and shall inure to the benefit of each Owner thereof.The provisions and terms of the covenants,conditions,and restrictions of the Covenants are attached hereto as Exhibit C.The Covenants shall run with the Property,and shall be binding upon all parties having or acquiring any right,title or interest in the Property,or any part thereof, and shall be for the benefit of each owner of any portion of the Property,or any interest therein, and shall inure to the benefit of and be binding upon said successors in interest of the Owners thereof. FURTHER,it is the intent of the Declarant that the Governing Documents for the Property and Phase II,Second Filing shall be those same Governing Documents as for Phase I, including but not limited to Bylaws of the Association,the Articles,the Design Guidelines,the Landscaping Plan,and any Rules and Regulations Governing Etna Village Estate that may be adopted by a single Homeowners Association's Board of Directors which shall govern both Phase I and Phase II,Second Filing.All provisions of the Covenants and other Governing Documents that apply to and govern Phase I shall also apply to and govern Phase II,Second Filing,and all Owners therein,as well as their respective tenants,guests and invitees. IN WITNESS WHEREOF,the undersigned Declarant has executed this Declaration of Covenants,Conditions and Restrictions for Etna Village Estates Subdivision Phase II,Second Filing as of the date first written above. Signature Page to follow Page 2 of 3 DRAFTDECLARANT: TGH INDUSTRIES LLC BY:______________________________ NAME:___________________________ TITLE:____________________________ STATE OF WYOMING ) )SS. COUNTY OF ____________) ACKNOWLEDGED before me on this,the day of ______________,2023,by _______________________________,the Member/Manager and authorized representative of TGH Industries LLC,a Wyoming limited liability company,who signed the foregoing instrument on behalf of TGH Industries LLC by authority of its Members. WITNESS my hand and official seal. SEAL _____________________________ NOTARY PUBLIC My Commission expires: Page 3 of 3 CORRESPONDENCE October 26, 2022 To whom it may Concern: I have met with the Etna Village Estates phase 2 Subdivision owners and discussed with them the options for treating Spotted Knapweed that was found on their land. They have agreed to making an herbicide treatment next spring when the plants are actively growing. I recommend that their subdivision be approved. Thanks, Jason Trauntvein Lincoln County Weed and Pest Invoice Date 6/20/2023 Invoice # 140895 Bill To TGH Industries LLC Attn: Jonathan Baker 4175 S Kestrel Lane Jackson, WY 83001 Etna Water & Sewer District P.O. Box 5031 Etna, WY 83118 Due Date 7/20/2023 Phone # (307) 886-4919 E-mail etnah2o@gmail.com Total Description AmountQty Hook-up fee for 3/4" space in the line for 27 lots in Etna Village Estates II, Phase II, Lots #63-89 234,900.0027 $234,900.00