HomeMy WebLinkAbout707 MA 25 Mountain Estates TH Ph 2 Staff Report v4Complete
707 MA 25 BCC
APPLICANTS: Bucket List, LLC PROJECT NAME: Mountain Estates Townhomes Phase II COMMUNITY PLAN AREA: Star Valley Ranch ZONING: Mixed REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Elizabeth Williams PARCEL ID: 3518-303-00-003
PROPOSAL: A Major Subdivision Phased Plat to subdivide 0.66 +/- acres into four townhome units in the Mixed Zone. This is a phase of the approved Master Plan for Mountain Estates. The subdivision road, Spy Glass Loop, accesses off of Muddy String County Road No. 117. The townhomes will obtain
water from a Central Water System that meets Wyoming Department of Environmental Quality (DEQ) standards, and will have a Central Sewage Treatment System that meets DEQ standards. LOCATION: Adjacent to the Town of Star Valley Ranch, Wyoming in T35N, R118W, Section 30. ATTACHMENTS: 1. Subdivision Plat and Vicinity Map
2. Agency Correspondence and Public Correspondence 3. Development Agreement 4. Master Plan Plat and Master Plan Final Determination 5. 2018 Master Plan map with drainage depicted
PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 707 MA 25, Mountain Estates Townhomes Phase II, with:
• Findings of Approval A. thru C.
• Conditions of Approval 1. thru 11.
• A Recommendation for the Board of County Commissioners to sign the Development Agreement.
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Phased Major Subdivision Preliminary Plat Application
HEARING TIME AND DATE: 10:00 a.m., October 8, 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 # 707 MA 25
707 MA 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 developers/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 developers shall move the proposed central well site so that the entire water well protection area is within the proposed subdivision, or have an easement for a wellhead protection site with
the property owner to the north. 3. The developers shall provide fire hydrants with fire flows and spacing that meet requirements of Appendix N of the Lincoln County Land Use Regulations prior to Final Plat. 4. The developers will obtain a review by the United States Postal Service (USPS) for mail delivery. The developers 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. The CC&R or Road Maintenance agreement shall specify how USPS fees for Cluster Box Units shall be paid for, and how the boxes shall be cleared of snow. 5. Prior to Final Plat, the developers shall form a Special Improvement District to oversee the
Central Water and Central Sewage, utilities, open space, roadways and recreational amenities. The developers shall provide as-built plans for the Central Water system prior to Final Plat. 6. The developer shall obtain Underground Injection Control (UIC) permit from Wyoming Department of Environmental Quality and install the Central Sewage system for the townhomes on this plat as designed by a Wyoming licensed Professional Engineer. As-built plans shall be
provided to the Planning Office as verification prior to Final Plat. 7. The developers 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. The developers may apply for a Zoning & Development permit and construct townhomes
prior to the Final Plat recordation of each lot. 8. Driveways to Townhome lots and units shall be paved. 9. If the developers do not provide an engineered drainage plan with detention basins, the developers shall provide engineered plans for roads and submit as-built plans for the roads prior to Final Plat. If the developers provide an engineered drainage plan, they may submit road cross sections for at
least every 500 feet and for any topography changes instead of an engineered road plan and as-built plans.
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10. The developers shall provide a paved temporary cul-de-sac or a paved loop road prior to Final Plat for this subdivision.
11. The developers shall provide a 13’ x 60’ parent parking area on the northern end of Spy Glass
Loop, on the north side of the road approaching Muddy String County Road 117. The parent parking area shall not be located in the road right-of-way. Should the developers choose not to build the north end of Spy Glass Loop with this subdivision, the developers shall install a temporary 13’ x 60’ parent parking area on the southern end of Spy Glass Loop, on the north side
of the road approaching Muddy String County Road 117. BACKGROUND:
Mountain Estates Amended Master Plan, file # 109 MP 24, was approved by the Board of County Commissioners February 5, 2025. The following Conditions of Approval from the Master Plan are applicable for Mountain Estates Townhomes Phase II: Conditions of Approval 1, 4, 5, 8, 11, 12, 13, and 17. These have been re-numbered and added to this Staff Report as Conditions of Approval 1-8 with
Condition 8 modified for verification purposes. Condition 9 and 10 ensures adherence to the Land Use Regulations of Lincoln County, and Conditions 11-12 ensure safety during this phase of the Master Plan.
WYDOT confirmed that the applicant has entered into an agreement with them to mitigate impacts
determined by the Traffic Impact Study. AGENCY CORRESPONDENCE:
WYOMING DEPARTMENT OF TRANSPORTATION (WYDOT): The developer has met all
WYDOT requirements. Lincoln County School District #2: We have witnessed a significant decrease in the number of students who walk to the bus stop and an increase in the number of students who wait for the bus inside
of a vehicle. Under current school district policies and procedures bus stops would be established at
intersecting side roads with Muddy String. Both Spy Glass Loop intersections would be logical locations
for bus stops. For these reasons we propose 13' x 60' pull outs at these intersections. We recommend that each be
placed so that traffic approaching Muddy String can pull off on their right hand side to wait at a bus
stop.
STATE ENGINEER’S OFFICE (SEO): The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary examination of the agency’s water rights database. Based on
this review and W.S. 18-5-306, we have determined there are no existing water rights of record that
attach to the subdivision lands. Given this, further action on the part of the subdivider or his agent in
addressing Wyoming Statute 18-5-306 (a) (xi) is not required. PUBLIC COMMENT: Public Comment is attached.
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PUTT, RODNEY
K & EVALINR TRUSTEES
ROSE, GUY C
& BETTY L COWAN, MICHAELS & SUSAN
BROOKFIELD
PACYGA, PATRICIA& ALANA CARPENTER
KEENAN, DAVIDP & KRISTEN R
COHEN,
MARCUS
& JANE
HODGE, THOMAS
A & NANCYM TRUSTEES
LEE, DALE
GLEN TRUSTEE
AOYAGI
HOLDINGS,LLC
AOYAGI
HOLDINGS,LLC HYMAS,JUSTIN C &
CHRISTINE E
HODGE, THOMAS
A & NANCY
M TRUSTEES
GARNER,KERRIE ETAL
DAVIS,
NANCY OPUTT, RODNEY
K & EVALIN
R TRUSTEES BUCKLEY, JAMES
R & VICTORIA A
PODBORNY,MICHAEL J
& DIANE D
DUNN, RICKY
H & LESLIE LHANSEN, KIMS TRUSTEE
GARNER,
JEFFERY
& KERRIE
EVERTS, TIMOTHY L
& DANIELLE L GARNER,
KERRIE &
JEFFERY
HOLT,JEFFERY
W & CORI
ALBERTS, LSCOTT &
WENDY L
ANDERSON,
JERRY K & SKYE
B HOLYFIELD
MILLEN,
STEPHEN CTRUSTEE
AHRENS, MARYANN TRUSTEE
BUCKETLIST LLC
BUCKET
LIST, LLC
ZACELAB, LLC
ZACELAB, LLC
CK6 RANCH, LLC
WHITE, GORDONC & DONNA
S TRUSTEES
STATE OF
WYOMING
Maxar, Microsoft
Major Subdivision Phased Plat Application
Roads
Road_Type
US Highways
WY Highways
Projects
Public Noticing
Township & Range
Sections
Municipalities
File No. 707 MA 25
Mountain Estates Townhomes
Phase II
Bucket List, LLC
Prepared using available data by Katie Gipson, on 5 September 2025. Map is for informational purposes only and in no way represents an official survey of land.
Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>
Bucket List Cooperative Agreement
Darin Kaufman <darin.kaufman@wyo.gov>Fri, Sep 26, 2025 at 1:02 PM
To: Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>
Cc: Ken Kuluski <ken.kuluski@lincolncountywy.gov>
Yes. The developer has met all WYDOT requirements.
This project is anticipated to be constructed in FY28.
Darin Kaufman, P.E., PTOE
WYDOT District 3 Traffic Engineer
3200 Elk Street
Rock Springs, WY 82902
Office: 307.352.3034
Cell: 307.389.0235
On Fri, Sep 26, 2025 at 12:45 PM Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>
wrote:
Hi Darin,
I have received Bucket List, LLC's signed Cooperative Agreement with WYDOT. It looks like the
agreement covers all phases of the development. So just to clarify, they do not need to come
back for additional agreements for any future development within their Master Plan and they
have met all your requirements?
Thanks,
Liz
Elizabeth Williams
Planner II
Lincoln County Planning Office
(307) 877-2100
elizabeth.williams@lincolncountywy.gov
E-Mail to and from me, in connection with the transaction
of public business, is subject to the Wyoming Public Records
Act and may be disclosed to third parties.
9-24-2025 Phone Conversation with Ryan Lyman, Director of Transportation for Lincoln County
School District #2.
I called Ryan regarding his email of 9-23-2025 where he requested two parent pull outs, one on
the north and one on the south ends of Spy Glass Loop where the roads connect to Muddy String.
He clarified in the phone conversation that he requests one pull out for that size of subdivision
and to follow the original Condition of Approval from the Master Plan.
State Engineer’s Office
HERSCHLER BUILDING, 2 WEST
CHEYENNE, WYOMING 82002
(307) 777-6150
MARK GORDON
GOVERNOR
BRANDON GEBHART, P.E.
STATE ENGINEER
Sep 26, 2025
Lincoln County Board of Commissioners
925 Sage Ave., Suite 302
Kemmerer, WY 83101
planning@lincolncountywy.gov
Commission@lincolncountywy.gov
RE: Mountain Estates Townhomes Phase II, 707 MA 25
Dear Commissioners:
The Ground Water Division of the State Engineer’s Office has received application materials
pertaining to the Mountain Estates Townhomes Phase II, 707 MA 25 from the Lincoln County
Planning office, requesting information and advice.
The aforementioned subdivision is proposed to be situated within the HES 62 (SW¼ SW¼) of
Section 30 of Township 35 North, Range 118 West, Lincoln County, Wyoming. The subdivision
comprises 4 Residential lots. The proposed water supply consists of on-lot wells.
The State Engineer’s Office has reviewed the subdivision application and conducted a
preliminary examination of the agency’s water rights database. Based on this review and W.S.
18-5-306, we have determined there are no existing water rights of record that attach to the
subdivision lands. Given this, further action on the part of the subdivider or his agent in
addressing Wyoming Statute 18-5-306 (a) (xi) is not required.
Additional Comments:
1. Drilling of any water well requires an approved permit before work commences. The
State Engineer water right permit grants the applicant the right to seek to develop a water
supply to meet the proposed needs. It does not guarantee that water will be physically
available.
2. Any new proposed wells must be constructed in strict compliance with the State
Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction
Standards. Any deviation from the established Minimum Construction Standards must be
approved in advance by Ground Water Staff.
3. With limited exceptions, a Wyoming licensed water well drilling contractor must drill and
construct new wells, and a Wyoming licensed pump installation contractor must install
Surface Water Ground Water Board of Control
(307) 777-6475 (307) 777-6163 (307) 777-6178
pumps.
4. Any well not intended for use must be appropriately plugged and abandoned in
accordance with the aforementioned rules and regulations.
5. Any wells developed for purposes that are not encompassed by the definition of domestic
or stock use mandate adjudication by the Board of Control.
Please reference “State Engineer Subdivision Review Number 2025-30-12” in all
correspondence pertaining to this application.
Should you require clarification, please do not hesitate to contact me at (307) 777-2974 or via
email at wesley.frain1@wyo.gov. We appreciate the opportunity to provide comments on the
aforementioned subdivision application.
Sincerely,
Wesley Frain
Natural Resource Analyst
ELECTRONICALLY TRANSMITTED
Cc: Ryan Cox, Administrator, Ground Water Division
Jed Rockweiler, Administrator, Surface Water Division
Cheryl Timm, Administrator, Board of Control Division
Kevin Payne, Superintendent, Water Division IV
Mike Johnson, Hydrographer/Commissioner, Water Division IV, District 12
Mountain Estates Townhomes Phase II, 707 MA 25 Page 2
Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>
Dirk Izatt
Mary Ann Ahrens <rens355@silverstar.com>Mon, Sep 22, 2025 at 4:00 PM
To: elizabeth.williams@lincolncountywy.gov
I am adjacent to Dirk Izatt property mountain Estates on Muddystring road. He has told you that I
am in agreement on where he put his pump house which takes up part of my property. I have not
agreed, nor will I agree to give him permission to use my property.
Thank you
Mary Ann Ahrens.
4986 Muddystring Road
Thayne, Wy 83127
307-871-1975
Sent from my iPhone
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DEVELOPMENT AGREEMENT
MOUNTAIN ESTATES TOWNHOMES PHASE II SUBDIVISION
FILE NO. 707 MA 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 Bucket List, LLC hereinafter referred to as “OWNER/DEVELOPER”, whose address is 15 Cedar Creek Road, Freedom, WY 83120.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 707 MA 25 Mountain Estates Townhomes Phase II to subdivide approximately 0.66 +/- acres into 4 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 Mountain Estates Townhomes Phase II; 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. 707 MA 25 Mountain Estates Townhomes Phase II 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 Bucket List, LLC whose address is 15 Cedar Creek Road, Freedom, WY 83120 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 0.66 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
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Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements:
1. Construct paved driveways to the Townhome lots and units.
2. Build a paved temporary cul-de-sac or a paved loop road. 3. Provide fire hydrants with fire flows and spacing that meet requirements of Appendix N
of the Lincoln County Land Use Regulations.
4. Move the proposed central well site so that the entire water well protection area is within the proposed subdivision, or have an easement for a wellhead protection site with the property owner to the north.
5. Install electrical power and communication lines to each identified lot. 6. Obtain Underground Injection Control (UIC) septic permit from Wyoming Department of Environmental Quality and install the central sewage system for the townhomes on this
plat as designed by a Wyoming licensed Professional Engineer. As-built plans shall be
provided to the Planning Office as verification. 7. Provide weed management plan and verification that disturbed areas have been reseeded to avoid weed infestation and erosion.
8. Purchase private road name signs, yield and/or stop signs through Lincoln County, Wyoming Planning and Development Office. 9. Install road signs after completion of improvements and prior to final subdivision
approval (see Lincoln County Land Use Regulations 6.18).
10. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 11. Provide a 13’ x 60’ parent parking area on the northern end of Spy Glass Loop, on the
north side of the road approaching Muddy String County Road 117. The parent parking
area shall not be located in the road right-of-way. Should developer choose not to build the north end of Spy Glass Loop with this subdivision, the developer shall install a temporary 13’ x 60’ parent parking area on the southern end of Spy Glass Loop, on the north side of the road approaching Muddy String County Road 117.
12. 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.
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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.
The developer shall apply for a Zoning & Development permit to construct townhomes prior to Final Plat recordation of each lot. 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. 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 may
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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, 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, Central Water and Central Sewer. OWNER/DEVELOPER hereby agrees that they will create a binding document Special
Improvement District that at a minimum:
a) Provide an entity for ongoing maintenance, testing and compliance of the Central Water and Central Sewage systems. b) Provide and entity for ongoing maintenance of shared utilities, Open Space, and recreational amenities.
c) Provide an entity for ongoing road maintenance including the collection of road
maintenance fees;
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d) Provide an entity for ongoing snow removal including the collection of snow removal
fees; e) Ensure Central Water systems, Central Sewage systems, shared utilities, Open Space, recreational amenities, road maintenance and snow removal are maintained indefinitely. f) The Special Improvement District 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
addresses:
Bucket List, LLC 15 Cedar Creek Road Freedom, WY 83120
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,
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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) 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
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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.
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.
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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
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OWNER/DEVELOPER
________________________________ Date: ______________________
Rigo Chaparro, Member of
Bucket List, LLC, a limited liability company.
STATE OF ) ) ss COUNTY OF )
The foregoing instrument was acknowledged before me by, ______________________, member of Bucket List, LLC, a limited liability company this ____ day of ______________ 2025.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public My Commission expires: ________________
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OWNER/DEVELOPER
________________________________ Date: ______________________
Derk Izatt, Member of Bucket List, LLC, a limited liability company.
STATE OF ) ) ss COUNTY OF )
The foregoing instrument was acknowledged before me by, __________________________, member of Bucket List, LLC, a limited liability company this ____day of ______________
2025.
Witness my hand and official seal. (SEAL)
_____________________________________ Notary Public My Commission expires: ________________
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EXHIBIT A DESCRIPTION OF PROPERTY
Mountain Estates Townhomes Phase II 0.66 +/- acres within Section 30, Township 35 North, Range 118 West, in Lincoln County,
Wyoming.
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EXHIBIT B
APPROVED PRELIMINARY PLAT See Attached