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HomeMy WebLinkAboutCombined PZC Staff Report 109-MA-23 Trespass Ranch PPPreliminary PlatLINCOLNCOUNTYPLANNING&ZONING COMMISSION STAFF REPORT Major Subdivision Preliminary Plat HEARING TIME AND DATE:6:00 p.m.November 15,2023 LOCATION:Lincoln County Courthouse,Commissioner Boardroom 3rd Floor,Kemmerer, Wyoming &Afton Planning &Engineering Office,61 E.5th Ave.,Afton,Wyoming FILE #109-MA-23 APPLICANTS:Trespass Ranch,LLC PROJECT NAME:Trespass Ranch Subdivision –Preliminary Plat COMMUNITY PLAN AREA:Freedom ZONING:Rural PIN:3519-281-00-037,3519-223-00-037,3519-213-00-037 and 3519-272-00-037 SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ 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 #109-MA-23 a Major Subdivision Preliminary Plat,with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 9. ●A Recommendation for the Board Chairman to sign the Development Agreement. FINDINGS OF APPROVAL: 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;Chapter 6 Table:6.1 for Major Subdivisions in the Rural Zone. 109-MA-23 PZC -Trespass Ranch Preliminary Plat,November 15,2023 Preliminary PlatCONDITIONSOFAPPROVAL: 1.Significant alteration of the project shall require additional permitting. 2.A Weed Control Plan shall be developed in conjunction with Lincoln County Weed &Pest. 3.Developer and County shall enter into a Development Agreement to: a.Ensure installation of subdivision improvements and preparation of documents,including: i.Construct approved full subdivision loop road with the minimum: 1.26’width travel lane from State Line County Road 12-114 through Trespass EscapeRroad back through to Grant Clark Court County Road 12-184. 2.Build 60’Radius Cul-De-Sac at the end of Rendezvous Court. 3.Subdivision roads to meet all County Standards. 4.Install All Road Signs. ii.Install electrical power and communication lines to each lot; iii.Submittal of Water Distribution Plan to the State Engineer’s Office; iv.Subdivision to meet all State Subdivision Fencing Laws. v.Surveyor’s lot monuments installed;and vi.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 all improvements shall be installed.Road improvements shall be inspected by planning staff,with as-built documents ,cross sections,curve radiuses,and road grades verifying roads meets all County standards with documents delivered to Planning Staff and prior to final inspection. a.Provide for final plat approval upon satisfaction of Development Agreement terms; b.Developer Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. 5.5.A Plat Warning shall be included for wastewater systems: i.DEQ Required Plat Warnings: In order to meet requirements established in Wyoming Water Quality Rules,Chapter 23,Section 7(d)(viii)(A)(I and II)and Chapter 23,Section 7 (d)(viii)(B)individual septic systems for the Trespass Ranch Subdivision are required to be enhanced treatment systems per Chapter 23, Section 7 (d)(viii)(C)(I and II).These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average)and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800 colonies/100 mL (maximum 30-day geometric mean). 109-MA-23 PZC -Trespass Ranch Preliminary Plat,November 15,2023 Preliminary PlatForall25lotswithintheTrespassRanchSubdivisionitistheindividuallot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system.A Wyoming Registered Professional Engineer must design the enhanced treatment septic system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Water Quality Division Southwest District Engineer in Lander.For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. After domestic well installation and prior to use,the WDEQ WQD suggests that homeowners have their well sampled for the following constituents:The National Primary Drinking Water Regulations inorganic chemicals,microorganisms,radionuclides and the National Secondary Drinking Water Regulations contaminants.In addition,the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). 6.Create a Plat Warning for the 150’Salt River Building Setback and place a setback line on the plat. 7.Make the 30’Emergency-Services Temporary Access Route a full Subdivision Road to create a full looped road system,and require that the road be plowed all winter. 8.Label Ranch Land as Open Space on the Plat,and place a Plat Warning that no residential uses are allowed on the open space.Also define what access other lot owners have to the Open Space. 9.Create a Plat Warning that,The water district must have maintenance access to the Luthi Ditch. Landscaping such as trees,shrubbery,etc.,within one rod (16.5 feet)of either side of the ditch is prohibited and is subject to removal by the ditch company. _____________________________________________________________________________________ PROPOSAL:A Major Subdivision Preliminary Plat application proposal to subdivide 129.31 +/-acres into Twenty Five (25)residential lots and one Ranch Lot.The average lot size before factoring in Ranch Land will be a 2.67 +/-acre average for residential lots in the Rural Zone.With the ranch land included the average lot size increases to a 5.17 +/-acre average for all land in the subdivision.The lots will share a private subdivision road “Trespass Escape”off of State Line CR 114,and a Rendezvous Court dead end road.Each lot will have individual wells,and individual Engineered-Enhanced septic systems permitted directly through Wyoming Department of Environmental Quality. The site is surrounded by agricultural and residential uses with the Salt River flowing through the east side of the subdivision.The new proposed subdivision roads will require a 26’travelway. LOCATION:2.25 miles west of the Town of Star Valley Ranch,Wyoming in Section 21,22,27,28, Township 35 North,Range 119 West. 109-MA-23 PZC -Trespass Ranch Preliminary Plat,November 15,2023 Preliminary Plat_____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Correspondence _____________________________________________________________________________________ BACKGROUND: This is 129 acres in Freedom Wyoming located adjacent to the Salt River.The developer has excavated a 2+acre pond they wish to be used as an amenity for the future lot owners.The majority of the lots are outside the 100 year flood zone and outside the National Wetlands Inventory.With the 150’setback to the Salt River,there are no buildable areas inside the floodplain or wetlands.The Luthi Ditch traverses Lots 6-15,and the 100 year floodplain crosses the eastern lot edges for Lots 1-15. CORRESPONDENCE: Lincoln County Weed &Pest:A Weed Management Plan is required by the Development Agreement to prevent these noxious weeds from propagating freely. Star Valley Conservation District:“STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Trespass Ranch,major subdivision in Freedom,Wyoming. This property has a Section 23 Water Study,and this Section 23 water study supersedes any recommendations regarding soil cuts and the high groundwater table in this report. Due to groundwater levels being so close to the surface in all four sections SVCD recommends enhanced septic systems and 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. Please note that the property has an irrigation water right from the Salt River through the Luthi Ditch.The water district must have maintenance access to the ditch.Landscaping such as trees, shrubbery,etc.,within one rod (16.5 feet)of either side of the ditch is prohibited and is subject to removal by the ditch company. State Engineer's Office:The SEO has provided a letter,see attached.Water rights are on the property and will need to be addressed by the developer. 109-MA-23 PZC -Trespass Ranch Preliminary Plat,November 15,2023 Preliminary PlatWyomingDEQ:DEQ provided a non-adverse recommendation with Enhanced and Engineered Septic Systems and individual water wells and determined these are safe and adequate for the Trespass Ranch Subdivision.DEQ Recommend a Plat Warning with the following text: In order to meet requirements established in Wyoming Water Quality Rules,Chapter 23,Section 7(d)(viii)(A)(I and II)and Chapter 23,Section 7 (d)(viii)(B)individual septic systems for the Trespass Ranch Subdivision are required to be enhanced treatment systems per Chapter 23, Section 7 (d)(viii)(C)(I and II).These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average)and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800 colonies/100 mL (maximum 30-day geometric mean). For all 25 lots within the Trespass Ranch Subdivision it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system.A Wyoming Registered Professional Engineer must design the enhanced treatment septic system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Water Quality Division Southwest District Engineer in Lander.For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. After domestic well installation and prior to use,the WDEQ WQD suggests that homeowners have their well sampled for the following constituents:The National Primary Drinking Water Regulations inorganic chemicals,microorganisms,radionuclides and the National Secondary Drinking Water Regulations contaminants.In addition,the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). Public Comment:We have roughly 10 complaint letters and emails opposing the subdivision,see attached.We have also verbal complaints expressed not wanting to leave their names. 109-MA-23 PZC -Trespass Ranch Preliminary Plat,November 15,2023 UV239 £¤89 Star Valley Ranch 36 15 21 14 25 34 13 33 16 26 35 28 2422 27 23 35N 119W³±184 ³±114Spring Meadow Lane BROG, FRED D & ANNIEC TRUSTEES BROG, TYLER F & SUZETTE D JOHNSON, SETH M& CHRISTINE A HEINER, LADELL NELSON, AD & CP FAM TRUSTTAYLOR JED R & LEVI JTAYLOR MENA, LYNNETTE ATAPIA, ANA M TRUSTEE PIERCE, LYNETTE M TRUSTEE ETAL NELSON, AD & CP FAM TRUST BROG, FRED D & ANNIE C LUTHI, DEANR JR ETAL MILLER, KENNETH R & CLARICES TRUSTEES CZESNAKOWICZ, ROBERT & NANCY MYERS, MICHAEL K & REBECCA S TRUSTEESPELTZ, RAYMOND & AMYGWYN, ROBERTL & LINDA J TRUSTEES VAN ORDEN,MICHAEL L TRUSTREE MEEHAN, TIM TRESPASS RANCH, LLC TRESPASS RANCH, LLC HUNT, JASON & KIMBERLY TRESPASS RANCH, LLC HUNT, JASON D & KIMBERLEY HUNT, DAVIDA JR EGGLESTON, CARL O SUCCESSOR TRUSTEE TRESPASS RANCH, LLC TRESPASS RANCH, LLC TRESPASS RANCH, LLC EGGLESTON, CARL O SUCCESSOR TRUSTEE LUTHI,DEAN R JR ETAL LUTHI, DEANR JR ETAL TRESPASS RANCH, LLC EGGLESTON, CARL O SUCCESSOR TRUSTEE EGGLESTON, CARL O SUCCESSOR TRUSTEE HEINER, LADELL HEINER,LADELL JENKINS, KIP L & BRENNA N JENKINS,KIP L & BRENNA N LUTHI, TYSONK & SHARON RLUTHI, TYSON K & SHARON R HEYE, CURTISL & TARA V MCINTYRE,TAMMY M PACHIE, GREGORY& LISA LUTHI, KIRBY D& JERALDINE BISON RANCH, LLC LUTHI, DEANR JR ETAL LUTHI, DEAN R JR ETAL LUTHI, DEANR JR ETAL BUTLER,ERIC & MELISSA PACHIE, GREGORY & LISA MEANSINVESTMENTS, LLC BUTLER, ERIC& MELISSA RAY, MARVINE & HOPE L PACHIE, GREGORY & LISA SALEM, THOMAS & KENDYL THORNE CAMIC,GREGG A & DAWN M BROG, FRED D & ANNIE C TRUSTEESBROG, CLAY T &BRITTNEYBROG, CLAY T & BRITTNEY LUTHI, TAMI TRESPASSRANCH, LLC BAUGH, JOHN R.& TRACEY C. LUTHI BRYAN T& LYNDSEY R Maxar, Microsoft Major Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 109 MA 23 Trespass Ranch- Preliminary Plat Trespass Ranch, LLC Prepared using available data by Katie Gipson, on 7 Mar. 2023. Map is for informational purposes only and in no way represents an official survey of land. National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOODHAZARD AREAS Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREENArea of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below.The basemap shown complies with FEMA's basemapaccuracy standards The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 11/7/2023 at 1:23 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximatepoint selected by the user and does not representan authoritative property location. 1:6,000 111°2'9"W 43°0'1"N 111°1'31"W 42°59'35"N Basemap Imagery Source: USGS National Map 2023 approx. south boundray line Luhti Ditch Trespass Ranch Wetlands U.S. Fish and Wildlife Service, National Standards and Support Team,wetlands_team@fws.gov Wetlands Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Other Riverine November 6, 2023 0 0.25 0.50.125 mi 0 0.4 0.80.2 km 1:15,047 This page was produced by the NWI mapperNational Wetlands Inventory (NWI) This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. DEVELOPMENT AGREEMENT TRESPASS RANCH SUBDIVISION FILE NO.#109-MA-23 THIS AGREEMENT is made and entered into as of the ____day of ______________,202__ 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 Trespass Ranch,LLC.,hereinafter referred to as OWNER/DEVELOPER”,whose address is 565 N.Birdneck Road,Virginia Beach,VA 23451. WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.#109-MA-23 Subdivision to subdivide approximately 129.31 acres into 25 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 Trespass Ranch 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.#109-MA-23 Trespass Ranch 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 Trespass Ranch,LLC,whose address is 565 N.Birdneck Road,Virginia Beach,VA 23451,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 129.31+/-acres of a certain parcel(s)of Property located in Lincoln County,Wyoming,as described in Exhibit A. Section 2.Planned Improvements. The OWNER/DEVELOPER shall,at its sole cost and expense,properly install and complete the following required improvements: ●Subdivision Road: o 26’width travel lane road from State Line County Road 12-114 through Trespass Escape Road back through to Grant Clark Court County Road 12-184. o Build 60’Radius Cul-De-Sac at the end of Rendezvous Court. o Subdivision roads to meet all County Standards. ●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. ●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ●Disturbed areas shall be reseeded to avoid weed infestation and erosion. ●Road Signs:The Developer to purchase private road name signs and stop signs through Lincoln County,Wyoming Planning and Development Office to assure standardization throughout the County and developer will install after completion of improvements and prior to subdivision final approval. ●Wyoming fencing law requirements must be met. 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 Page 2 of 10 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. 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. Page 3 of 10 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. 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 Page 4 of 10 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: Trespass Ranch,LLC 565 N.Birdneck Road Virginia Beach,VA 23451 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. Page 5 of 10 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. 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 Page 6 of 10 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. 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:______________________ _________________________,Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 7 of 10 OWNER/DEVELOPER ________________________________Date:______________________ Tim Costen,__________________ of Trespass Ranch,LLC,a limited liability company STATE OF WYOMING ) )ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Tim Costen , ______________________of Trespass Ranch,LLC,a limited liability company this ____day of ______________202__. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires:________________ Page 8 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Trespass Ranch Subdivision 129.31+/-acres within Section 21,22,27,28,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 February 20, 2023 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Trespass Ranch, major subdivision in Freedom, Wyoming. This property has a Section 23 Water Study, and this Section 23 water study supersedes any recommendations regarding soil cuts and the high groundwater table in this report. Due to groundwater levels being so close to the surface in all four sections SVCD recommends enhanced septic systems and 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. Please note that the property has an irrigation water right from the Salt River through the Luthi Ditch. The water district must have maintenance access to the ditch. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the ditch is prohibited and is subject to removal by the ditch company. For more information, please contact our office at 307-885-7823. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5- 306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Traffic Flow Analysis for Trespass Subdivision Prepared by: Scott A. Scherbel, Professional Land Surveyor , Wyoming License No. 3889 Date: 15 March 2023 The Trespass Subdivision property is located on the east side of State Line County Road No. 12- 114. The subdivision consists of 25 residential home sites and a 61-acre Ranch Land area. The property has two access points onto the State Line Road. The primary subdivision access is four hundred (400) feet north of the intersections of the Grant Clark Court County Road No. 12- 184 and Idaho State Highway No. 34 with the State Line Road. A secondary access from the subdivision is onto the Grant Clark Court Road. It is expected that the primary access directly onto State Line Road will be the one principally used by the residential lots. The secondary access will be the one principally used for access to the Ranch Land area. Upon reaching the State Line Road from either access point, a driver has three choices of direction: one mile south along State Line Road to the Freedom Community; north along State Line Road or west into Idaho. Going south the one mile to the Freedom Community brings traffic to State Highway 239 which runs east 1.5 miles to U. S. Highway 89 with a choice to go north to Alpine, Jackson and Idaho Falls, or south to Thayne, Afton and Cokeville. The southern route brings traffic to U. S. Highway 30 and access to eastern Wyoming via I-80, Evanston and Utah via Utah State Highways or the Bear Lake and Logan areas via Utah State Highways. Going north 3 miles along State Line Road brings traffic to the Creamery County Road No.12- 111 and then east 1.5 miles to U. S. Highway 89 3/4 of a mile north of the Etna Community. This route would be the shortest route from the Subdivision to Alpine, Jackson and Idaho Falls. Going west into Idaho takes traffic eventually to Soda Springs and U.S. Highway 30. This route would be the shortest route to McCammon, Idaho, and its junction with I-15. The Lincoln County regulations state that the average daily vehicle trip for a residential lot is 11.25 trips. So, for 25 lots that yields a total daily vehicle trip count of 281 trips. It is expected that the majority of the traffic will head for U. S. Highway 89. With two routes from which to choose, it is expected that 75% of the drivers will select the southbound route via Freedom and Highway 239 which is the shortest and fastest route to U.S. Highway 89. In addition to the route being the shortest and fastest, the intersection of Highways 239 and 89 is the better, safer intersection both onto and off of Highway 89 than the Creamery Road intersection. The remaining 25% will take the northbound route along State Line Road and Creamery Road as the shortest route to Alpine, Jackson and Idaho Falls.