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HomeMy WebLinkAbout104 MA 24 Trespass Ranch PZC Staff Report104 MA 24 PZC LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Major Subdivision Preliminary Plat Application HEARING TIME AND DATE: 6:00 p.m., May 22, 2024 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 104 MA 24 APPLICANT: Trespass Ranch, LLC PROJECT NAME: Trespass Ranch Subdivision – Preliminary Plat COMMUNITY PLAN AREA: Freedom on the west and Etna on the east ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Emmett Mavy, Elizabeth Williams PARCEL ID: 3519-213-00-037, 3519-223-00-037, 3519-281-00-037, 3519-272-00-037 ____________________________________________________________________________________ PROPOSAL: A Major Subdivision Preliminary Plat Application to subdivide 129 +/- acres into 25 residential lots and two Open Spaces, with an average lot size of 5 +/- acres in the Rural Zone. An equestrian center will be part of Open Space 2, and a pond will be part of Open Space 2. The Subdivision will be accessed by a private subdivision road, Trespass Lane, which connects to Stateline County Road (Freedom North County Road No. 12-114). Each lot will have an individual well. Each lot will require an engineered enhanced septic system permitted by a Wyoming licensed engineer through the Wyoming Department of Environmental Quality (WDEQ) as determined by the Chapter 23 Study. LOCATION: Located one mile north of Freedom, and 2.84 miles west of the Town of Star Valley Ranch, Wyoming in T35N R119W Section 21, 22, 27, and 28. __________________________________________________________________________________ ATTACHMENTS: 1.Preliminary Plat2.Vicinity Map3.Draft Development Agreement4. Correspondence5. County Road 12-184 plat 6.Wetlands Map_________________________________________________________________________________ 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 # 104 MA 24 Trespass Ranch Subdivision, a Major Subdivision Preliminary Plat, with: ●Findings of Approval A. thru C. ●Conditions of Approval 1. thru 6. 104 MA 24 PZC ● A recommendation for the Board of County Commissioners to sign the Development Agreement. FINDINGS OF APPROVAL: A. The proposed subdivision with conditions is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision with conditions is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision with conditions is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. CONDITIONS OF APPROVAL: 1. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (WDEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2. The developer shall enter into a Development Agreement with the County. The Development 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. Lots are not buildable until the Final Plat is recorded for each lot. 3. The developer shall construct an approved subdivision road with a minimum 26 foot roadway width and a 70 foot radius cul-de-sac. 4. Wetlands shall be delineated on the Final Plat. 5. As required by WDEQ, each lot shall have an engineered enhanced septic system permitted by a Wyoming licensed engineer through the Wyoming Department of Environmental Quality (WDEQ) as determined by the Chapter 23 Study. The bottom of the leach field bed sand shall be at least six feet above seasonally high groundwater. Additionally, the following WDEQ Plat Warning shall be added to the Final Plat: 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 104 MA 24 PZC 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 EnviroSeptic 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 WWDEQ 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. Because high groundwater levels are present, the following Land Use Permit Plat Warning shall be added to the Final Plat: Due to high groundwater levels, a landowner shall obtain an approved Wyoming Department of Environmental Quality (WDEQ) septic system permit prior to applying for any Land Use Permit, including but not limited to Residential Use Permits. Land Use Permit applications shall require an engineered design by a Wyoming Licensed Engineer for building setbacks and soil constraints for foundation design and drainage. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest: Due to the snow during this time of year, we are unable to inspect the property. The subdivision representative will need to contact Lincoln County Weed & Pest in the spring of 2023. At that time we will review a map of the proposed subdivision as well as schedule an appointment to go onsite to evaluate the noxious weeds in the area. Star Valley Conservation District: 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. State Engineer's Office: Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permit T1593 and P873.0E. These acres need to be addressed per Statute. Water rights under P15462.0R and P36704.0D were specifically mentioned in the subdivision report; however, our records indicate that P15518.0R and P36691.0D are also associated with Trespass Ranch and are located within the proposed area of the subdivision. Note that due to the varying surface water sources including alluvial inflows involved with this project, additional permitting may be required. 104 MA 24 PZC Wyoming Department of Environmental Quality: 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 EnviroSeptic 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 WWDEQ 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). Wyoming Game & Fish: Given the dynamic nature of the Salt River and known erosion issues in the vicinity of the proposed subdivision, the Department recommends the following: • Maintain riparian vegetation to the greatest extent possible to minimize erosion and sediment loading and maintain fish habitat. • The 150’ buffer between structures and the river should contain woody riparian vegetation with deep binding root mass to minimize erosion and land loss. • If bank stabilization is desired on lots, the use of bioengineering techniques such as toe wood, bankfull benches, and riparian corridors be utilized to dissipate and keep the energy off the stream bank, while creating habitat beneficial to fish species, and allowing riparian vegetation to establish. • Implement proper riparian management strategies to maintain robust vegetative communities. • Use Best Management Practices during construction including stabilizing disturbed areas with mulch, sod, permanent or temporary vegetation. 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. 104 MA 24 Page 1 of 10 DEVELOPMENT AGREEMENT FOR TRESPASS RANCH SUBDIVISION FILE NO. 104 MA 24 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2024 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Trespass Ranch, LLC hereinafter referred to as OWNER/DEVELOPER”, whose address is Trespass Ranch, LLC, 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. 104 MA 24 Trespass Ranch Subdivision to subdivide approximately 129 +/- acres into 8 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. 104 MA 24 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. 1.4 PROPERTY: means and refers to the identified approximately 129+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 104 MA 24 Page 2 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: 1. Construct an approved subdivision road with a minimum 26’ roadway width and 70’ radius cul-de-sac. The subdivision road shall meet all Lincoln County Road Standards. 2. Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property. 3. Install electrical power and communication lines to each identified lot. 4. Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 5. Reseed disturbed areas to avoid weed infestation and erosion. 6. Purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office. 7. Install road and stop signs after completion of improvements and final subdivision approval (see Lincoln County Land Use Regulations 6.18). 8. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 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. 104 MA 24 Page 3 of 10 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. 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, 104 MA 24 Page 4 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. OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: a) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b) Provide an entity for ongoing snow removal including the collection of snow removal fees; c) Ensure road maintenance and snow removal are maintained indefinitely. d) The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. Notices. Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. Notices to the County shall be addressed to, or delivered at, the following address: Lincoln County Board of County Commissioners ATTN: Planning Director Planning and Development Office 925 Sage Ave., Ste 201 Kemmerer, WY 83101 104 MA 24 Page 5 of 10 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. 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) 104 MA 24 Page 6 of 10 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 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. 104 MA 24 Page 7 of 10 Section 27. Effective Date. This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 104 MA 24 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Trespass Ranch, LLC. STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by, Trespass Ranch, LLC, this ____ day of ______________ 2024. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 104 MA 24 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Trespass Ranch Subdivision 129 +/- acres within Sections 21, 22, 27 and 28, Township 35 North, Range 119 West, in, Lincoln County, Wyoming. 104 MA 24 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached To Whom It may concern: In reviewing the current plans proposal for Trespass Ranch Subdivision we continue to have concerns that we would like addressed before approval is made on this proposal. 1. It has been discussed that the current fence was placed over the irrigation line. This line was place in 1982 for agriculture watering. It was agreed at that time that a fence would not be place so maintenance of said water line could be completed as needed. With a fence over the top of the line the only way to repair the water line is to remove the fence. There is a 20-foot agriculture buffer. It would be best for the fence place at the 20 buffer not on the property line to allow any maintenance that may need to be completed without removing the fence. Due to length of time this line has been in place it should take precedence so our ability to continue to farm our land is not impeded in any way. 2. With the proposed road that is being place our concern is the water that will be backed up from the road flooding our property. We do understand that it is proposed that a ditch be put in to redirect the water back to the river. The concerns with this, is what type of ditch is being put in and how that might affect our irrigation line due to erosion and the water not being directed in the natural flow of the river causing water backup into our fields effecting crops our ability to farm the land. We are suggestion that the ditch be cement and culverts are put in place under the road to allow for additional water the ditch may not be able to handle. We feel that Trespass Ranch should be responsible for any erosion that might accrue on our property due to the decision to place a road this close to the propriety line. In closing we would like it know that we expect that if Trespass Ranch continues to move forward as is currently outlined they will be solely responsible for any and all damages that might accrue in the event that the fence needs to be moved to accommodate any and all repairs for the irrigation line at any time in the future. It is also expected that if for any reason erosion around the irrigation line or flooding damage to crops or agriculture land due to the placement of roads or ditches Eggleston’s will be compensated for at the current rate of any and all lands or crops effected. Thank you for your time and considerations, Carl O Eggleston Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Fwd: Tress pass ranch 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Mon, May 13, 2024 at 4:45 PM To: Planning <planning@lincolncountywy.gov> Sent from my iPhone Begin forwarded message: From: Cowgirl <cowgirlmom@silverstar.com> Date: May 13, 2024 at 3:46:31 PM MDT To: commission@lincolncountywy.gov Subject: Tress pass ranch Dear Commissioners, We second ALL of Tyler Brog’s concerns for this development. We are deeply concerned about the pond and the affects it will have on surrounding neighbors. We are also concerned about the potential impacts of flooding and the above ground septic systems. If the right infrastructure is not put in place in this valley, all will suffer. Please consider a building moratorium. In closing this developer needs to be held accountable as I FEEL he only has his interest in mind and does not have the integrity to consider future home ownership or his neighbors. Thank you for all of your time and consideration in all of these matters. Hope Ray Marvin Ray Freedom, Wyoming Cowgirlmom 5/15/24, 11:53 AM LINCOLN COUNTY WYOMING Mail - Fwd: Tress pass ranch https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permthid=thread-f:1798979279252746784&simpl=msg-f:1798979279252746784 1/1 Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Trespass Ranch Subdivision 1 message Lisa Pachie <office@bridgeranimalhospital.com>Mon, May 13, 2024 at 4:34 PM To: "planning@lincolncountywy.gov" <planning@lincolncountywy.gov> Dear Planning and Zoning and County Commissioners, May 13, 2024 I am wring to express concerns about the Trespass Ranch Subdivision, File 104 MA 24. This revised subdivision plan is improved only slightly and many of the original problems sll remain. The biggest concern I have is the selling of the riverfront lots and some of the interior lots that are being developed in areas of significant seasonal flooding from rising groundwater and some river overflow. This is simply a very poor area to develop. However, nobody seems to care what happens aer the sale and development of the lots and everyone seems to think they can engineer out all the problems mother nature throws at them. Other problems: 1. Pond: The pond needs to be lined or there needs to be a bond in place with the homeowners associaon to migate any damage/contaminaon of the surrounding wells. The pond, as of 5/12/24, is covered with a layer of green algae, so is not the best water quality. 2. Again, the Open Space designaon is a false use of the land to get the 5 acre average. If the open space 1 and open space 2 are used for the average, they need to be assigned a lot number and 2 of the currently designated lots need to be removed. 3. The use of the County Road 184 as an exit to the subdivision will not work. The road does not meet the requirements of what the county has set up in their plan. We feel that private property owners should be able to use their land appropriately, but this dense subdivision is in a terrible locaon for development. This land is beer suited for only a few homes on higher ground or agriculture use. Thank you for your me, Lisa and Greg Pachie 5/15/24, 11:55 AM LINCOLN COUNTY WYOMING Mail - Trespass Ranch Subdivision https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permthid=thread-f:1798978564882216394&simpl=msg-f:1798978564882216394 1/1 May 12, 2024 Lincoln County Planning and Zoning To Whom It May Concern, In regard to the changed advanced plat for the Trespass Ranch, I will present some concerns for you to consider. 1. The easement of 20 feet for the Brog ditch on Trespass Lane is not on the plat. When the development is turned over to the homeowner’s association this needs to be there for maintenance. I access this from the West through a gate. That access has now been locked. I have access through my fence, but it is only a man gate to access the water control. 2. In our meeting with the commissioners on December 6th, 2023, the fire access road was discussed to go over Salt River and out Crater Lane to Highway 89. Trespass Ranch has all the property and easements to do this. If the road is put along the South boundary, it covers the irrigation line that was fenced off by Trespass management. Half of the irrigation main line is under the fence and on the property of Trespass Ranch. The main line is old and breaks. It has been dug up every couple of years for repairs. If there is a road and ditch along the southern boundary, they will have to dig up every time the main line breaks. It is also very likely the road could be washed out when the main line breaks. When this happens, there is a huge hole and there is the potential someone could drive into it. The ROAD CROSS-SECTION FLOOD RETURN ditch is not near enough adequate to accommodate the flood waters and doesn’t go far enough to the west. It would need to be started approximately in the middle of Lot 22 and with the topography the way it is, can’t be done. If a road is allowed, there needs to be double 30” culverts installed in all the swells to accommodate the flood waters. The new Plat shows the South Road tying into County Road 184. From Carl Eggleston’s fence to my fence is 33 feet. When the road was put in, there were two houses. Now there are six. A subdivision of 25 lots needs to have a 60-foot easement if the lots are smaller than 20 acres. Grant Clark Road, currently a 18-foot wide gravel road within a 33’ easement, poses significant safety risks due to its inadequate width for the increased traffic resulting in the 25 lots having full access to it. The traffic volume increase, especially from larger vehicles like construction equipment, will tear the road up. The road was not built to handle the traffic it will get. The dust suppression put on the road once a year will not last with the added traffic. All these years the snow at the end of the cul-de-sac has been pushed into the field we have farmed for 40 years. Trespass Ranch fenced that off and there is little room now to push the snow. I have included a picture of what it was like this winter. John Baugh and Thomas Salem are about blocked off with snow. If the area of the cul-de-sac is opened up, there will be no where to put snow. County Road 184 is a one lane road during winter. Another option besides Crater Lane and County Road 184 would be to run the road along the West side of lot 21 and back down Trespass Lane, but then there is still the problem of the irrigation main line and water control systems needed to control spring runoff. 3. There are still no stipulations on the pond in Open Space No.1. If the pond is not lined, wells will be contaminated if the E.coli from Salt River is pumped into the pond that is ground water. The pond needs to be lined to protect the ground water and our wells. I would suggest that if the developer doesn’t want to line the pond, he set aside a bond of 2 million for the Homeowners Association to use for well remediation and the lining of the pond when the wells test positive for contamination. I would also mandate testing on the pond for E.coli 4 times a year and to have the results sent to all the land owners with wells within 2 miles of the pond. There should also be monitoring wells established to protect the surrounding landowners before their wells are contaminated. 4. If there is buildable area in open space No.2, why doesn’t it have a lot #? 5. There needs to be dust control on Trespass Lane on the north. Four houses are right to the side of the road. The dust last summer was horrible. Pavement or chip seal would be great. Mountain X, with a water truck on site could not keep on top of the dust with all the trucks going in and out last year. 6. Flooding. Rarely does the property not flood. The lots safe from flooding are 18-22. I have seen all the others under water. Lots 1-10 will have to coordinate their wells and septic systems because of their sizes and restrictions. Thanks for your time and consideration of these matters. If you have any questions feel free to call. Tyler Brog (307) 880-0701 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 2/12/2024 1:9,028 0 0.1 0.20.05 mi Trespass Ranch Wetlands Wetlands Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Parcels (Approximate) Township and Range Lines Section Lines © 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.