HomeMy WebLinkAbout704 MA 26 Haven Heights PZC staff report complete
704 MA 26 PZC
LINCOLN COUNTY PLANNING & ZONING COMMISSION
STAFF REPORT Major Subdivision Preliminary Plat Application HEARING TIME AND DATE: 6:00 p.m., June 17, 2026 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 704 MA 26
APPLICANTS: Upswing Development, LLC and Brianne Jomar Chapman and Season Heidi Brower
PROJECT NAME: Haven Heights Subdivision COMMUNITY PLAN AREA: Upper Valley ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd.
PLANNER: Ken Kuluski
PARCEL ID: 3119-154-00-332 and 3119-153-00-114 ____________________________________________________________________________________ PROPOSAL: A Major Subdivision Preliminary Plat Application to subdivide 110 +/- acres into 22 lots
with an average lot size of 5 +/- acres in the Rural Zone. The subdivision road is accessed off an existing
subdivision road, Haven Heights Drive. The lots will have individual wells and septic systems that meet current State and County standards. LOCATION: Located 2.5 miles southwest of Afton, Wyoming in T31N, R119W, Section 15.
______________________________________________________________________________
ATTACHMENTS: 1. Preliminary Plat 2. Vicinity Map 3. Correspondence
4. Public Comment
5. Draft Development Agreement ___________________________________________________________________________________ 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 # 704 MA 26 Haven Heights, a Major Subdivision Preliminary Plat Application, with: ● Findings of Approval A. thru C.
● Conditions of Approval 1. thru 4. ● A recommendation for the Board of County Commissioners to sign the Development Agreement.
704 MA 26 PZC
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. The Final Plat shall have:
a. Meet the final plat warning requirements as outlined in Chapter 5 of Lincoln County Land Use Regulations. b. Plat must include a statement about future connectivity c. Plat warning-
d. After domestic well installation and prior to use, the WDEQ WQD recommends that
homeowners have their well sampled for the following constituents (abbreviations). In
addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). e. The following Dedication of Roads and Easements:
The owners and proprietors have laid out and surveyed as Haven Heights, 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.
704 MA 26 PZC
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. AGENCY CORRESPONDENCE:
Lincoln County Weed & Pest: At the time of inspection, there were no noxious weeds on the property.
If any noxious weeds become present, please take steps to eradicate them. Star Valley Conservation District:
Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine
groundwater levels. If ground water is high, we recommend an enhanced septic system and no
basements. We strongly recommend that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times static water levels fluctuate according to the amount of high-water runoff from year to year.
Wyoming State Engineer’s Office:
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. Wyoming Department of Environmental Quality: Based on the materials and information presently submitted for this Chapter 23 subdivision application,
the WDEQ is issuing a “Non-Adverse” recommendation applicable to the Subdivision under the condition
that the "Notes Required to Be Added to the Final Plat" are included in the final plat. If the "Notes
Required to Be Added to the Final Plat" are not added to the plat, then WDEQ's recommendation would be “Adverse.”
Notes Required to Be Added to the Final Plat:
• After domestic well installation and prior to use, the WDEQ WQD recommends that homeowners have their well sampled for the following constituents (abbreviations). In addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org).
PUBLIC CORRESPONDENCE: None received.
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Major Subdivision Application
Roads
Road_Type
US Highways
WY Highways
Projects
Public Noticing
Township & Range
Sections
Municipalities
File No. 704 MA 26
Haven Heights
Upswing Development, LLC,
Brianne J. Chapman & Season H.
Brower
Prepared using available data by Katie Gipson, on 6 March 2026. Map is for informational purposes only and in no way represents an official survey of land.
December 22, 2025
Lincoln County
Office of Planning and Development
P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed
Haven Heights, major subdivision near Fairview, Wyoming.
Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We strongly recommend that soil cuts be taken in the spring/early summer
when groundwater is highest. Please note that if soil cuts are done at other times static water
levels fluctuate according to the amount of high-water runoff from year to year. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5-306. No other use is intended or implied. If there is any more information, we can provide for you,
please let us know.
Yours truly,
STAR VALLEY CONSERVATION DISTRICT
Rollin Gardner
Chairman
State Engineer’s Office
HERSCHLER BUILDING, 2 WEST
CHEYENNE, WYOMING 82002
(307) 777-6150
MARK GORDON
GOVERNOR
BRANDON GEBHART, P.E.
STATE ENGINEER
Apr 14, 2026
Lincoln County Board of Commissioners
925 Sage Ave., Suite 302
Kemmerer, WY 83101
planning@lincolncountywy.gov
commission@lincolncountywy.gov
RE: Haven Heights Subdivision, WDEQ 2026-0085
Dear Commissioners:
The Ground Water Division of the State Engineer’s Office has received application materials
pertaining to the Haven Heights Subdivision, WDEQ 2026-0085 from the Wyoming Department
of Environmental Quality, requesting information and advice to the Water Quality Division.
The aforementioned subdivision is proposed to be situated within the NW¼ SE¼, SW¼ SE¼,
and E½ SE¼ SW¼ of Section 15 and the NE¼ Lot 2 of Section 22 of Township 31 North, Range
119 West, Lincoln County, Wyoming. The subdivision comprises 22 Residential lots. The
proposed water supply consists of on-lot wells. It is within the service area of Fairview Wyoming
Water and Sewer District.
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.
Surface Water Ground Water Board of Control
(307) 777-6475 (307) 777-6163 (307) 777-6178
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
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 2026-20-12” 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: Adam Kiefenheim, PE, Southwest District Engineer, Wyoming DEQ Water Quality
Division
Haven Heights Subdivision, WDEQ 2026-0085 Page 2
704 MA 26 Page 1 of 10
DEVELOPMENT AGREEMENT
FOR HAVEN HEIGHTS
FILE NO. 704 MA 26
THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2026 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Upswing Development, LLC, a Wyoming limited liability company dated October 14, 2025 hereinafter referred to as
“OWNER/DEVELOPER,” whose address is P.O. Box 1590, Afton, WY 83110.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 704 MA 26 Haven Heights to subdivide approximately 110.0 +/- acres into 22 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 Suncrest View;
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. 704 MA 26 Haven Heights 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 Upswing Development, LLC, a Wyoming limited liability company dated October 14, 2025, whose address is P.O. Box 1590, Afton, WY
83110, 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 110.0 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
704 MA 26 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:
● 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.
● Meet the conditions of approval set forth by the Board of County Commissioners.
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,
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.
704 MA 26 Page 3 of 10
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,
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
704 MA 26 Page 4 of 10
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:
Upswing Development, LLC, a Wyoming limited liability company dated October 14, 2025. P.O. Box 1590 Afton, WY 83110
704 MA 26 Page 5 of 10
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) 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.
704 MA 26 Page 6 of 10
Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws
and codes of Lincoln County, the State of Wyoming, and the Federal Government.
Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the
Third Judicial District, Lincoln County, Wyoming.
Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less
than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the
OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit.
Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if
set forth in full including all text information in the Exhibits. In the event of any conflict of
terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns.
Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The
County’s failure to exercise any obligation under this Agreement will not constitute the approval
of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for
misrepresentations or material omissions made to the Lincoln County Planning and Engineering
Office or Board of County Commissioners. Section 26. Sovereign Immunity. The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to
law, including government immunity.
704 MA 26 Page 7 of 10
Section 27. Effective Date. This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the
date first written above.
IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners
Attest:
________________________________ April Brunski Lincoln County Clerk
704 MA 26 Page 8 of 10
OWNER/DEVELOPER
________________________________ Date: ______________________ Jason Shumway, Upswing Development, LLC,
a Wyoming limited liability company
dated October 14, 2025. .
STATE OF WYOMING )
) ss COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Jason Shumway of Upswing
Development, LLC, a Wyoming limited liability company dated October 14, 2025, this ____ day of ______________ 2026.
Witness my hand and official seal. (SEAL)
_____________________________________ Notary Public My Commission expires: ________________
704 MA 26 Page 9 of 10
EXHIBIT A DESCRIPTION OF PROPERTY
Haven Heights
110.0 +/- acres within Section 22, Township 31 North, Range 119 West, in, Lincoln County,
Wyoming.
704 MA 26 Page 10 of 10
EXHIBIT B APPROVED PRELIMINARY PLAT
See Attached