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HomeMy WebLinkAbout202 MS 25 Grover Meadows Staff Report 202 MS 25 BCC APPLICANTS: Chase J. & Megan B. Jensen PROJECT NAME: Grover Meadows Subdivision COMMUNITY PLAN AREA: Upper Valley ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Mikayla Hibbert PARCEL ID: 3318-314-00-416 PROPOSAL: A Minor Subdivision Preliminary Plat application to subdivide 16.23 +/- acres into three residential lots with an average lot size of 5.41 +/- acres in the Rural Zone. The subdivision will share a private subdivision road with a cul-de-sac accessed off of Hurd-Jensen Court County Road 182. The lots will have individual wells and individual septic systems that meet current State and County standards. LOCATION: Located in the community of Grover, 2.9 miles north of Afton, Wyoming in T33N, R118W Section 31. ATTACHMENTS: 1. Subdivision Plat 2. Vicinity Map 3. Agency Correspondence 4. Public Correspondence and Supporting Documents 5. Development Agreement 6. Planning Staff Recommendation to Planning & Zoning Commission PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for file # 202 MS 25 Grover Meadows, a Minor Subdivision Preliminary Plat, with: • Findings of Approval A. thru C. • Conditions of Approval 1. thru 6. • A recommendation for the Board of County Commissioners to sign the Development Agreement. LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Minor Subdivision Preliminary Plat Application HEARING TIME AND DATE: 10:00 a.m., February 5, 2025 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming FILE # 202 MS 25 202 MS 25 BCC FINDINGS OF APPROVAL: A. The proposed subdivision is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision 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 obtain a review by the United States Postal Service (USPS) for mail delivery. The developer may need a plan for Cluster Box Units and an agreement with USPS. The agreement may include turnout, installation placement, and snow removal. Cluster Box Units shall be placed outside of the County Right-of-Way. 4. Prior to Final Plat the boundary adjustment with the neighboring owner to the south must be recorded and match that shown in the Preliminary Plat approval. 5. Final Plat shall be updated to include the following: a) A 25 foot agricultural buffer along the east side of the subdivision. b) A 20 foot easement located within the existing Lower Valley Power and Light Easement granted to the public for the Power Line North Trail. c) The plat shall contain a note indicating if lots in the subdivision may be divided in the future. d) The following Dedication of Roads and Easements shall be added to the plat: The owners and proprietors have laid out and surveyed as Grover Meadows Subdivision, and with the specific intent to do so, do hereby dedicate and convey to and for the public use forever, whether in the county or in a future municipality through annexation, the roads and road easements as are laid out and designated on this plat. They do also create perpetual easements for the installation and maintenance of utilities and for irrigation and drainage facilities as are laid out and designated on this plat. The undersigned hereby waives and releases all rights under and by virtue of the Homestead exemption laws of the State of Wyoming. 202 MS 25 BCC Dedication of the road or roads on this plat in no way obligates the Lincoln County Commissioners to maintain such roads nor does it relieve the developer of the obligation to construct such road or roads according to the requirements of the Lincoln County Subdivision Regulations. Witness our hands and seals this day of____________, 20___. 6. Submit a Water Distribution Plan to the State Engineer’s Office for water rights on the property. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest Control District: At the time of inspection, Spotted Knapweed, and Canadian Thistle plants were observed or found on the property. These weeds are on the Wyoming State Noxious Weed list as well as the Lincoln County Noxious Weed List. These plants have proven to be very invasive and pernicious. According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely. The subdivision representative will need to contact Lincoln County Weed and Pest and explain their weed control strategy or work with us to devise one. Star Valley Conservation District: The Planning Office did not receive any comments from the Star Valley Conservation District. It has been more than 60 days. State Engineer’s Office: Our records indicate that there may be some irrigated acres associated with the subdivision lands under the following permits: P15120.0D, and P809.0E. These acres need to be addressed per Statute. PUBLIC CORRESPONDENCE: Ron Anderson, adjacent property owner and share holder of the North Canal Irrigation Company, submitted public correspondence via email (attached) as well as came in the Planning & Development Office to review concerns. During our conversation, Ron shared the meeting minutes from the North Canal Irrigation Company in 1902 where the Company made and passed a motion regarding the waste ditch that goes through the proposed subdivision. The March 3, 1902 meeting minutes read, “Another motion was made and carried that the Co make two waste ditches to the river from said Gr Canal one to be constructed on the County Road running west from Grover, another at the North end of the Canal to the river.” (copy of the quoted minutes attached). UV237 £¤89 060102 333132 32N 118W 32N 119W 33N 118W ³±182UV237 READ, MARY L TRUSTEE ANDERSON, RON & CLAUDIA N,TRUSTEES PERRY, RANDALL C & CAROL DEE HEPWORTH, FLORIZE HEPWORTH,FLORIZE PERKINS, DAVID D JJR BIG SPRING LLC JOHNSON, ROBERT S& JILL D TRUSTEES JENSEN, CHASE J & MEGAN B HEMMERTFAMILY TRUST ETAL WOLFLEYMITCHELL & CHEYANNE D LOWERVALLEY ENERGY ANDREWS,JEFFERY LDS CHURCH REAL ESTATEDEPARTMENT NIELD, JERRYL & KAREN NIELD,JERRY L & KAREN ALLRED, SPENCER L & KRISTI L ALLRED PERKINS,DAVID D ZUNIGA,RONALDOS & ZULEMA Maxar, Microsoft Minor Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No. 202 MS 25 Grover Meadows Subdivision Chase J. and Megan B. Jensen Prepared using available data by Elizabeth Williams on 26 December 2024. Map is for informational purposes only and in no way represents an official survey of land. July 22, 2024 Kay Lynn Nield, An inspection of the proposed, Chase and Megan Jensen - Minor Subdivision - within Section 31, T33N R118W, Lincoln County, Wyoming . The purpose of this inspection was to see if there are any of the noxious weeds as to W.S. 11-5-102 (a) (xi) . At the time of inspection, Spotted Knapweed, and Canadian Thistle plants were observed or found on the property . These weeds are on the Wyoming State Noxious Weed list as well as the Lincoln County Noxious Weed List. These plants have proven to be very invasive and pernicious. According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely. The subdivision representative will need to contact Lincoln County Weed and Pest and explain their weed control strategy or work with us to devise one. Lincoln County Weed and Pest furnishes herbicides for noxious weed control at a reduced cost share discount to the landowner. We also offer ATV sprayers and 25-gallon pickup sprayers for rent. Please know that all visits to the above property as well as any consultations are at no charge, so feel free to call or stop by the office any time if you have any questions. Sincerely, Bryan Nichols Travis Osmond Private Lands Coordinator Supervisor Lincoln County Weed and Pest District Lincoln County Weed and Pest District State Engineer’s Office HERSCHLER BUILDING, 2 WEST CHEYENNE, WYOMING 82002 (307) 777-6150 MARK GORDON GOVERNOR BRANDON GEBHART, P.E. STATE ENGINEER January 13, 2025 Lincoln County Commissioners 925 Sage Ave Suite 302 Kemmerer, WY 83101 planning@lincolncountywy.gov RE: Grover Meadows Subdivision 202 MS 25 Dear Commissioners: The State Engineer’s Office/Ground Water Division received application material related to the Grover Meadows Subdivision 202 MS 25 from the Lincoln County Planning Office, requesting information and advice to the Water Quality Division. The proposed subdivision is to be located in SE ¼ SE ¼ Section 31, T33N, R118W, Lincoln County, Wyoming. The subdivision consists of 4 lots. The proposed water system is individual wells. Based upon the review of both the subdivision application and a preliminary search of the agency’s water rights database, the State Engineer’s Office offers the following: Our records indicate that there may be some irrigated acres associated with the subdivision lands under the following permits: P15120.0D, and P809.0E. These acres need to be addressed per Statute (see item 8 for a summary of our findings and the processes to address these acres). Additional Comments: 1. An approved permit from the Wyoming State Engineer’s Office is required prior to the drilling of any water well. The procurement of the necessary and appropriate State Engineer groundwater permit allows the applicant to attempt to develop a water supply adequate to meet their proposed needs, and is no guarantee that any water will be physically available. 2. If any new wells are proposed, they must be constructed in accordance with the State Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction Standards. 3. With few exceptions, new wells must be constructed by a Wyoming licensed water well drilling contractor, and pumps must be installed by a Wyoming licensed pump installation contractor. 4. Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. 5. Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. Surface Water Ground Water Board of Control (307) 777-6475 (307) 777-6163 (307) 777-6178 6. The water right search revealed other existing water rights attached to the subdivision lands. Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi). To date, the State Engineer’s Office has not received any paperwork addressing the intended disposition of the water rights. Wyoming Statute 18-5-306(a)(xi): (xi) With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision permit, the subdivider shall provide the following: (A) The intended disposition of the water rights, by: (I) Written documentation from the state engineer or the state board of control that the subdivider submitted to the state engineer or the state board of control all documents necessary to voluntarily abandon the water rights, cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits. The subdivider shall notify any purchasers of this action; (II) Written documentation from the state board of control that the subdivider has submitted to the state board of control all documents necessary to change the use or place of use to provide for beneficial use of the water rights outside the subdivision; (III) A plan, accompanied by written documentation from the state engineer approving the plan, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include written documentation from the state board of control that the subdivider submitted to the state board of control all documents necessary to change the use, place of use or point of diversion or means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or (IV) Written documentation from the state board of control that it has accepted an authorization to detach water rights appurtenant to the lands to be subdivided in accordance with rules and regulations promulgated by the state board of control. (B) If the subdivision is located within lands served by or crossed by a ditch, irrigation works or other water conveyance system, evidence that the subdivider submitted the plan to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system for review and recommendation at least sixty (60) days prior to the submittal of the application for the subdivision permit to the board. Upon receipt of the plan, the public entity, company, association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C) Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The subdivider shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D) If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district; and (E) If the subdivision will create a significant additional burden or risk of liability to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system, the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan. In all correspondence regarding this application, please reference “State Engineer Subdivision Review Number “2025-1-12”. If you have any questions, please feel free to contact me at (307) 777-2974, or if you prefer email, at wesley.frain1@wyo.gov. Thank you for the opportunity to comment on the subdivision application. Sincerely, Wesley Frain Natural Resources Analyst TRANSMITTED VIA EMAIL Planner Kikayla Hibbert In the meeting of the shareholders of the NORTH CANAL IRRIGATION COMPANY held March 3rd 1902 A motion was made and carried designating the ditch running west along the county road WEST from GROVER As a wastewater ditch to the SALT RIVER. This ditch is the water course of PHILLIPS CREEK shown on the original survey map of 1889 by FRANK JONES. The field notes and map of twsp 33 N R 118 W Sec 31 shows the creek clearly in the property now under subdivision. This fact was points out to Chase Jensen and Surveyor Scherbel LTD that the water course needs to be protected as Perpetual use of the NORTH CANAL water course. 1---- I see no evidence that the west NORTH CANAL wastewater ditch is considered on the plate map of Grover Meadows. Under set back rules of Lincoln County for canals and agricultural use should be listed as part of the plate to avoid Possible conflict in the future. 2----- Also, there should be an 25 foot agricultural buffer along the east fence line. Please consider these facts before approving said subdivision. Ron Anderson Hemmert Family Trust & Ron and Claudia Anderson Trust Adjacent property owner and share holder of North Canal Irrigation Company 202 MS 25 Page 1 of 10 DEVELOPMENT AGREEMENT FOR GROVER MEADOWS SUBDIVISON FILE NO. 202 MS 25 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2025 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Chase Justin Jensen and Megan Brooke Jensen hereinafter referred to as “OWNER/DEVELOPER,” whose address is P.O. Box 27, Grover, WY 83122. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 202 MS 25 Grover Meadows Subdivision to subdivide approximately 16.23 acres into 3 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A) located in the County; and WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the Final Plat application by the Lincoln County Board of County Commissioners and the Final Plat recordation in the Office of the Lincoln County Clerk of Grover Meadows 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. 202 MS 25 Grover Meadows 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 Chase Justin Jensen and Megan Brooke Jensen whose address is P.O. Box 27, Grover, Wyoming 83122 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 16.23 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 202 MS 25 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: ● Construct an approved subdivision road with a minimum 26’ roadway width and 70’ radius cul-de-sac. The subdivision roads shall meet all Lincoln County Road Standards. ● Install electrical power and communication lines to each identified lot. ● Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ● Reseed disturbed areas to avoid weed infestation and erosion. ● Meet subdivision fencing laws per Wyoming Statute 18-5-319. ● Purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office. ● Install road and stop signs after completion of improvements and prior to final subdivision approval (see Lincoln County Land Use Regulations 6.18). 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 Development 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, 202 MS 25 Page 3 of 10 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 the 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, 202 MS 25 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 Road Maintenance Agreement, HOA, CCR, Special Improvement District, or Mutual Benefit Corporation 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 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: 202 MS 25 Page 5 of 10 Chase Justin Jensen and Megan Brooke Jensen P.O. Box 27 Grover, WY 83122 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) 202 MS 25 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. 202 MS 25 Page 7 of 10 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: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 202 MS 25 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Chase Justin Jensen ________________________________ Date: ______________________ Megan Brooke Jensen STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Chase Justin Jensen and Megan Brooke Jensen, this ____ day of ______________ 2025. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 202 MS 25 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Grover Meadows Subdivision 16.23 +/- acres within Section 31, Township 33 North, Range 118 West, in Lincoln County, Wyoming. 202 MS 25 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached 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 # 202 MS 25 Grover Meadows, a Minor Subdivision Preliminary Plat, with: • Findings of Approval A. thru C. • Conditions of Approval 1. thru 7. • A recommendation for the Board of County Commissioners to sign the Development Agreement. 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 obtain a review by the United States Postal Service (USPS) for mail delivery. The developer may need a plan for Cluster Box Units and an agreement with USPS. The agreement may include turnout, installation placement, and snow removal. Cluster Box Units shall be placed outside of the County Right-of-Way. 4. The developer shall provide a 10 foot wide cleared and compacted pedestrian pathway located within the 20 foot easement for the Power Line North Trail. 5. Prior to Final Plat the boundary adjustment with the neighboring owner to the south must be recorded and match that shown in the Preliminary Plat approval. 6. Final Plat shall be updated to include the following: a. A 60 foot easement extending from the end of the platted cul-de-sac to the east end of the property line dedicated to the public for future connectivity. b. A 25 foot agricultural buffer along the east side of the subdivision. c. A 20 foot easement located within the existing Lower Valley Power and Light Easement granted to the public for the Power Line North Trail. d. A 20 foot non-building setback for the North Canal Irrigation Company waste ditch in the proposed Lot 2. e. The plat shall contain a note indicating if lots in the subdivision may be divided in the future. f. The following Dedication of Roads and Easements shall be added to the plat: The owners and proprietors have laid out and surveyed as Grover Meadows Subdivision, and with the specific intent to do so, do hereby dedicate and convey to and for the public use forever, whether in the county or in a future municipality through annexation, the roads and road easements as are laid out and designated on this plat. They do also create perpetual easements for the installation and maintenance of utilities and for irrigation and drainage facilities as are laid out and designated on this plat. The undersigned hereby waives and releases all rights under and by virtue of the Homestead exemption laws of the State of Wyoming. Dedication of the road or roads on this plat in no way obligates the Lincoln County Commissioners to maintain such roads nor does it relieve the developer of the obligation to construct such road or roads according to the requirements of the Lincoln County Subdivision Regulations. Witness our hands and seals this day of____________, 20___. 7. Submit a Water Distribution Plan to the State Engineer’s Office for water rights on the property.