HomeMy WebLinkAbout207 MS 22 Good Neighbor Subdivision BCC staff report 9-3-25207 MS 22 BCC
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Development Agreement Revision & Extension HEARING TIME AND DATE: 10:00 a.m., September 3, 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 # 207 MS 22
APPLICANT: Ian Osler, Virginia Dorsey, Benjamin Thurston, Marla Thurston PROJECT NAME: Good Neighbor Subdivision Third Filing – Development Agreement Revision & Extension
COMMUNITY PLAN AREA: Etna ZONING: Rural PLANNER: Ken Kuluski REPRESENTATIVE: Surveyor Scherbel, Ltd. PARCEL ID: 3519-101-00-148
______________________________________________________________________________
PROPOSAL: A Minor Subdivision Preliminary Plat application proposal to subdivide 51.02 +/- acres into Five (5) residential lots, with an average lot size of 10.20 +/- acres, in the Rural Zone. The lots will share a private subdivision road off County Road No. 169. Each lot will connect to the Etna Water and Sewer District and have individual septic systems. There were no additional changes requested by the applicant besides a one year time extension.
LOCATION: 2.8 miles northwest of the Town of Star Valley Ranch, Wyoming in Section 10,
Township 35 North, Range 119 West.
ATTACHMENTS: 1.Developer Extension Letter2.Draft Development Agreement Revision & Extension3.Preliminary Plat
PLANNING STAFF RECOMMENDATION:
Planning Staff recommends that the Board of County Commissioners SIGN a Development Agreement Revision & Extension for File #207 MS 22 Good Neighbor Subdivision, a Minor Subdivision Development Agreement Revision & Extension.
DEVELOPMENT AGREEMENT
FOR GOOD NEIGHBOR SUBDIVISION THIRD FILING
PHASE II - Lots 5,7,8
FILE NO. #207 MS 22
Extension
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 Avenue, Kemmerer, Wyoming, 83101, specifically Lincoln County Planning and
Development Office, whose address is 925 Sage Avenue Suite 201, Kemmerer, Wyoming, 83101
and Ian Osler & Virginia Dorsey, hereinafter referred to as “OWNER/DEVELOPER”, whose
address is P.O. Box 1802 Wilson, WY 83014.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.# 207 MS 22 Subdivision to subdivide approximately 51.02 acres into lots 5,
7 & 8 for Phase II completing lot 5,7,8 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 Good Neighbor Third Filing;
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. #207 MS 22 Good Neighbor Third Filing 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 Ian Osler, Virginia Dorsey, whose address
is P.O. Box 1802 Wilson, WY 83014, 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 11
1.4 PROPERTY:means and refers to the identified approximately 51.02+/- 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
o 70’ Radius Cul-de-sac (120’ Travel Lane)
o Construct approved access off County Road 169 and install culvert to assure
appropriate flow from the Baker & Heap Ditch.
●Submittal of Water Rights Redistribution Plan to the State Engineer’s Office
●Utilities:
o Install Electrical Power to each identified lot
o Install Communication lines to each identified lot
o Water system and connections to each lot approved by the Etna Wyoming Water
and Sewer District to be installed prior to final plat.
●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 sign and stop sign through
Lincoln County, Wyoming Planning and Development Office to assure standardization
throughout the County and said County Office will install after completion of
improvements and subdivision final approval.
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 complete construction of the Improvements within one (1) year
after approval of the Development Agreement Revision & Extension approval by the Lincoln
County Board of County Commissioners. If OWNER/DEVELOPER does not complete improvements within one (1) year after approval of the Development Agreement Revision &
Extension 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.
Page 2 of 11
and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat
shall be signed and recorded.
Section 5. Control of trash, weeds, dust, erosion, and sedimentation.The
OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation,
weed, and trash control on the Property required by any County, State or Federal regulations.
OWNER/DEVELOPER shall use best management practices and industry standards for control.
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
Page 3 of 11
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,
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
Page 4 of 11
ATTN: Planning Director
Planning and Development Office
925 Sage Avenue Suite 201
Kemmerer, WY 83101
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following
address:
Ian Osler, Virginia Dorsey,
P.O. Box 1802
Wilson, WY 83014
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 11
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
Page 6 of 11
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 Development
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: ______________________
Kent Connelly, Chair
Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski
Lincoln County Clerk
Page 7 of 11
OWNER/DEVELOPER
________________________________Date: ______________________
Ian Osler, Owner
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Ian Osler, on this _______day of
________________, 2025.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
Page 8 of 11
OWNER/DEVELOPER
________________________________Date: ______________________
Virginia Dorsey, Owner
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Virginia Dorsey, on this _______day
of ________________, 2025.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
Page 9 of 11
EXHIBIT A
DESCRIPTION OF PROPERTY
Good Neighbor Third Filing
51.02 +/- acres within the Section 10, Township 35 North, Range 119 West, in, Lincoln County,
Wyoming.
Page 10 of 11
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
Page 11 of 11