Wave Legals 010/03/18
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NOTICE OF PUBLIC

HEARINGS

Notice is hereby given that public hearings will be held by the Midway City Council on Tuesday, 16 October 2018, 6:00 p.m., in the City Council Chambers, Midway Community Center, 160 West Main Street, Midway, Utah. Time will be allowed for public comment regarding the following items:

Farm Springs Subdivision / Amendment – Discuss and possibly approve an amendment to the Farm Springs Subdivision located at 550 North Center Street (Zoning is R-1-15).

Ordinance 2018-23 / General Plan Amendment – Discuss and possibly adopt Ordinance 2018-23 amending the Midway City General Plan regarding open space. Recommended by the Midway City Planning Commission.

Copies of the above items may be obtained from the Midway City Recorder at 75 North 100 West, Midway (Midway City Office Building). Midway City is happy to provide reasonable accommodations for individuals with disabilities. For assistance, please contact the Midway City Recorder at 654-3223 x118.

Published in The Wasatch Wave October 3 and 10, 2018.

HEBER CITY

CORPORATION

City Council Public

Hearing Notice

Notice is hereby given that the Heber City Council will hold a public hearing on Tuesday, October 16, 2018 at 6:00 p.m. in the Heber City Office Building, 75 North Main Street, South door, in the Council Chambers upstairs, to consider the following:

Proposed vacation of a portion of the Common Area in Plat A of Valley Heights Subdivision Plat A located at approximately 1073 North Mill Road.

Public comment is welcome. Text and/or maps of proposed amendments can be viewed at the Planning Office at 75 North Main Street in Heber City, Utah. Questions or written comments pertaining to this Public Hearing can be directed to Anthony Kohler (435-657-7900) during regular business hours or emailed to tkohler@ci.heber.ut.us.

Anthony L. Kohler, Planner

Published in The Wasatch Wave October 3, 2018.

NOTICE

Heber Valley Special Service District will be having a HAY AUCTION on Tuesday, October 9, 2018 at 6:00 pm at the District Administration Building located at 1000 E Main St Midway, UT. 84049. For more information, please contact District Office at (435) 654-2248 or hvssd@aol.com.

Published in The Wasatch Wave October 3, 2018.

NOTICE TO WATER USERS

The applications below were filed with the Division of Water Rights unless otherwise designated).

These are informal proceedings per Rule R655-6-2. Protests concerning an application must be legibly written or typed, contain the name and mailing address of the protesting party, STATE THE APPLICATION NUMBER PROTESTED, CITE REASONS FOR THE PROTEST, and REQUEST A HEARING, if desired. Also, A $15 FEE MUST BE INCLUDED FOR EACH APPLICATION PROTESTED. Protests must be filed with the Division of Water Rights, PO Box 146300, Salt Lake City, UT 84114-6300, or by hand delivery to a Division office during normal business hours on or before OCTOBER 30, 2018. Please visit waterrights.utah.gov or call (801)538-7240 for additional information.

CHANGE APPLICATION(S)

55-12565(a44070): JGP Properties, Jared Parkinson, South Kamas Irrigation Company propose(s) using 3.98 ac-ft from groundwater (1.5 miles SW of Woodland) for IRRIGATION.

Kent L. Jones, P.E.

STATE ENGINEER

Published in The Wasatch Wave October 3 and 10, 2018.

ELECTION NOTICE

To all qualified electors of Midway City, Utah:

Take notice that on November 6, 2018 between the hours of 7:00 a.m. and 8:00 p.m., a special bond election (the “Bond Election”) will be held in Midway City, Utah (the “City”), in conjunction with the general election to be held that day.

Information regarding polling places for each voting precinct, each early voting polling place, and each election day voting center, including changes to the location of a polling place and the location of an additional polling place, may be found at the Statewide Electronic Voter Information Website at www.vote.utah.gov or at the Wasatch County Clerk/Auditor’s Website at www.wasatch.utah.gov or at the Midway City Recorder’s Website at www.midwaycityut.org.

To obtain information regarding the location of a polling place voters may also call the Wasatch County Clerk/Auditor at (435) 657-3190.

The Election will be held for the purpose of submitting the following ballot proposition:

OFFICIAL BALLOT PROPOSITION FOR THE MIDWAY CITY, UTAH SPECIAL BOND ELECTION

NOVEMBER 6, 2018

/s/ Brad Wilson

City Recorder

PROPOSITION [fill in no.]

Shall Midway City, Utah (the “City”), be authorized to issue General Obligation Bonds in an amount not to exceed Five Million Dollars ($5,000,000) (the “Bonds”) for the purpose of partnering with willing landowners, private organizations, land preservation foundations, governmental agencies and private donors, all at the discretion of the City Council, to pay all or a portion of the costs (to preserve open space (as open space is defined and is consistent with the Midway City General Plan and as permitted by the laws of the State of Utah) and related improvements, within the proposed annexation boundaries of the City as established in the land use map of the City dated December 13, 2017, including but not limited to acquisition of land, development rights, conservation easements, maintenance of use agreements, or related start-up expenses; said Bonds to be due and payable in not to exceed twenty-one (21) years from the date of issuance of the Bonds?

Property Tax Cost of Bonds: If the Bonds are issued all at once an annual property tax to pay debt service on the Bonds will be required over a period of twenty-one (21) years in the estimated amount of $110.76 per year on a $440,000 residence and in the estimated amount of $201.39 per year on a business property having the same value.

The foregoing information is only an estimate and is not a limit on the amount of taxes that the City may be required to levy in order to pay debt service on the Bonds. The City is obligated to levy taxes to the extent provided by law in order to pay the Bonds. The amounts are based on various assumptions and estimates, including estimated debt service on the Bonds and current taxable values of property in the City.

FOR THE ISSUANCE OF BONDS (YES)

AGAINST THE ISSUANCE OF BONDS (NO)

Voting at the special bond election may be done by absentee ballot to be mailed to all registered voters in the City. Voters wishing to vote by absentee ballot and who fail to receive a ballot in the mail may contact the Wasatch County Clerk/Auditor’s office by phone at (435) 657-3190 or the Midway City Recorder’s office by phone at (435) 654-3223, ext. 118.

Voters that do not wish to vote by mail (absentee ballot) may vote in person at the early voting places and during the early voting times established within the City for the general election on November 6, 2018, at the election day voting centers established within the City for the general election. Locations of early voting places and election day voting centers may be found by consulting the websites indicated above or by calling Wasatch County Clerk/Auditor’s office by phone at (435) 657-3190 or the Midway City Recorder’s office by phone at (435) 654-3223, ext. 118.

NOTICE is given that on Tuesday, November 20, 2018, that being a day no sooner than seven (7) days and no later than fourteen (14) days after the Bond Election, the Council of the City will meet at its regular meeting place at 6:00 p.m. to canvass the returns and declare the results of the Bond Election.

Pursuant to applicable provisions of Utah State law, the period allowed for any contest of the Bond Election shall end forty (40) days after November 20, 2018 (the date on which the returns of the Bond Election are to be canvassed and the results thereof declared). No such contest shall be maintained unless a complaint meeting the requirements of applicable law is filed with the Clerk of the District Court of Wasatch County within the prescribed forty (40) day period.

GIVEN by order of the City Council of Midway City, Utah.

By: /s/ Celeste T. Johnson

Mayor

ATTEST:

By: /s/ Brad Wilson

City Recorder

Published in The Wasatch Wave October 3, 10 and 17, 2018.

ELECTION NOTICE

To all qualified electors of Wasatch County, Utah:

Take notice that on November 6, 2018 between the hours of 7:00 a.m. and 8:00 p.m., a special bond election (the “Bond Election”) will be held in Wasatch County, Utah (the “County”), in conjunction with the general election to be held that day.

Information regarding polling places for each voting precinct, each early voting polling place, and each election day voting center, including changes to the location of a polling place and the location of an additional polling place, may be found at the Statewide Electronic Voter Information Website at www.vote.utah.gov or at the Wasatch County Clerk/Auditor’s Website at www.wasatch.utah.gov.

To obtain information regarding the location of a polling place voters may also call (435) 657-3190.

The Election will be held for the purpose of submitting the following ballot proposition:

OFFICIAL BALLOT PROPOSITION FOR THE WASATCH COUNTY, UTAH SPECIAL BOND ELECTION

NOVEMBER 6, 2018

/s/ Brent Titcomb

Clerk-Auditor

PROPOSITION

Shall Wasatch County, Utah (the “County”), be authorized to issue General Obligation Open Space Bonds in an amount not to exceed Ten Million Dollars ($10,000,000) for the purpose of paying all or a portion of the costs to acquire, preserve, or protect the permanent protection of open space within the County using all available land preservation tools, including but not limited to acquisition of land, development rights, conservation easements, maintenance of use agreements, or related operation, maintenance or start-up expenses; said Bonds to be due and payable in not to exceed thirty-one (31) years from the date of issuance of the Bonds?

Property Tax Cost of Bonds: If the Bonds are issued (without regard to the currently planned issuance of Bonds in phases over time), an annual property tax to pay debt service on the Bonds will be required over a period of thirty-one (31) years in the estimated amount of $19.97 per year on a $300,000 residence and in the estimated amount of $36.30 per year on a business property having the same value.

The foregoing information is only an estimate and is not a limit on the amount of taxes that the County may be required to levy in order to pay debt service on the Bonds. The County is obligated to levy taxes to the extent provided by law in order to pay the Bonds. The amounts are based on various assumptions and estimates, including estimated debt service on the Bonds and taxable values of property in the County.

FOR THE ISSUANCE OF BONDS (YES)

AGAINST THE ISSUANCE OF BONDS (NO)

Voting at the special bond election may be done by absentee ballot. Voters wishing to vote by absentee ballot and who fail to receive a ballot in the mail may contact the Wasatch Clerk-Auditor’s office by phone at (435) 657-3190.

Voters that do not wish to vote by absentee ballot may vote in person at the early voting places and during the early voting times established within the County for the general election or on November 6, 2018 at the election day voting centers established within the County for the general election. Locations of early voting places and election day voting centers may be found by consulting the websites above or by calling Wasatch Clerk-Auditor’s office by phone at (435) 657-3190.

NOTICE is given that on Wednesday, November 14, 2018, that being a day no sooner than seven (7) days and no later than fourteen (14) days after the Bond Election, the Council of the County will meet at its regular meeting place at 3:00 p.m. to canvass the returns and declare the results of the Bond Election.

Pursuant to applicable provisions of Utah State law, the period allowed for any contest of the Bond Election shall end forty (40) days after November 14, 2018 (the date on which the returns of the Bond Election are to be canvassed and the results thereof declared). No such contest shall be maintained unless a complaint meeting the requirements of applicable law is filed with the Clerk of the District Court of Wasatch County within the prescribed forty (40) day period.

GIVEN by order of the County Council of Wasatch County, Utah.

By: /s/ Greg McPhie

Chair

ATTEST:

By: /s/ Brent Titcomb

Clerk-Auditor

Published in The Wasatch Wave October 3, 10 and 17, 2018.

NOTIE OF PUBLIC

MEETING

Notice is hereby given that the MIDWAY CITY PLANNING COMMISSION will hold a work meeting on Tuesday, October 9, 2018 at 5:30 p.m. in the Midway Community Center, located at 160 West Main Street, Midway, Utah, to consider the following items:

1. Midway City is proposing a code text amendment of Section 16:15: Recreational Resort Zones. The proposed code amendment will possibly modify when water rights are required for development, require commercial uses for all development, establish permitted and conditional uses, limit density, limit height, and create large-scale and small-scale property development standards.

Midway City is happy to provide reasonable accommodations for individuals with disabilities. For assistance, please call (435) 654-3223.

Published in The Wasatch Wave September 26, and October 3, 2018.

NOTICE OF PUBLIC

MEETING

Notice is hereby given that the MIDWAY CITY PLANNING COMMISSION will hold their regular meeting on Wednesday, October 9, 2018 at 7 p.m. in the Midway Community Center, located at 160 West Main Street, Midway, Utah, to consider the following items:

1. Steven and Kala Francis are proposing a plat amendment of the Reed Bezzant Property (14-lot subdivision). The proposal is to divide lot 9 into two lots. This proposal would allow one more dwelling in the acreage of the current lot 9. The property is located at 95 South and 700 East and is in the R-1-11 zone.

2. Steven and Kala Francis are proposing a small-scale subdivision that would add an additional lot in lot 9 of the Reed Bezzant Property (14-lot subdivision). The property is located at 95 South and 700 East and is in the R-1-11 zone.

3. Midway City is proposing a code text amendment of Section 16.13.39: Off-Street Parking and Loading. The proposed code will possibly increase the number of parking stalls required for commercial and mixed-use developments, create public parking areas, place restrictions on parking structures or possibly eliminate them from the code.

4. Midway City is proposing a code text amendment of Section 16:15: Recreational Resort Zones. The proposed code amendment will possibly modify when water rights are required for development, require commercial uses for all development, establish permitted and conditional uses, limit density, limit height, and create large-scale and small-scale property development standards.

Midway City is happy to provide reasonable accommodations for individuals with disabilities. For assistance, please call (435) 654-3223.

Published in The Wasatch Wave September 26, and October 3, 2018.

NOTICE OF PUBLIC

HEARING AND BONDS TO BE ISSUED

NOTICE IS HEREBY GIVEN pursuant to the provisions of the Utah Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended, that on September 20, 2018, the Administrative Control Board (the “Governing Body”) of the Duchesne/Wasatch Bluebench Landfill Special Service District, Duchesne County, Utah (the “Issuer”) adopted a resolution (the “Resolution”) in which it authorized the issuance of the Issuer’s Tippage Fee Revenue Bonds (the “Bonds”) in the aggregate principal amount of not to exceed $1,353,000 to bear interest at a rate or rates not to exceed 2.50% per annum, to mature in not more than twenty-five (25) years from their date or dates, and to be sold at a price not less than 99% of the total principal amount thereof. The estimated total cost to the Issuer for the proposed Bonds, if the Bonds are held until the maximum maturity, based on the maximum interest rate above, is approximately $1,820,936. However, the Issuer anticipates that the Bonds will not be issued in an amount in excess of $1,005,000 at an interest rate of 2.50% per annum, to be repaid over twenty (20) years, in which event the amount to be repaid will be approximately $1,278,126. Presently, the Issuer has no more than $2,465,616 in outstanding bonds secured by a pledge of the landfill tippage fee revenues. No taxes will be pledge to repay the Bonds.

NOTICE IS FURTHER GIVEN that the Issuer called a public hearing for the purpose of inviting public comment on the proposed issuance of the Bonds and the economic impact that the improvements proposed to be financed with the Bonds will have on the private sector. The public hearing will be held on October 29, 2018, at 6:00 p.m., or as soon thereafter as feasible, at both the Duchesne County Administration Building, located at 734 North Center Street, Duchesne, Utah, as well as at the Wasatch County Administration Building, located at 25 North Main, Heber City, Utah. The two locations will be connected telephonically.

The Bonds will be issued pursuant to the Resolution and a Final Bond Resolution to be adopted authorizing and confirming the sale of the Bonds for the purposes of (i) financing the costs of acquisition and construction of landfill system improvements consisting of the expansion of the landfill from 2 lined cells to 3 lined cells, including grading, surface preparation and installation of liner components and a protection layer (the “System”), and related improvements, and (ii) paying the costs of issuance of the Bonds.

A draft of the Final Bond Resolution in substantially final form was before the Board and was part of the Resolution (collectively, the “Bond Resolutions”) at the time of its adoption by the Governing Body. The Final Bond Resolution will be adopted by the Board in such form and with such changes thereto as shall be approved by the Board upon the adoption thereof; provided that the principal amount, interest rate, maturity and discount of the Bonds will not exceed the maximums set forth above.

Copies of the Bond Resolutions and information on the Issuer’s outstanding bonds are on file in the office of the Secretary of the Issuer at the Issuer’s offices at 2000 South 20550 West Hwy 87, Duchesne, Utah, where they may be examined during regular business hours of the Secretary from 9:00 a.m. to 4:00 p.m. Monday through Friday for a period of at least thirty (30) days from and after the last date of publication of this notice.

NOTICE IS FURTHER GIVEN that, for a period of thirty (30) days from and after the last date of the publication of this notice, any person in interest shall have the right to contest the legality of the Resolution, the Final Bond Resolution, or the Bonds, or any provision made for the security and payment of the Bonds by filing a verified written complaint in the district court of the county in which he/she resides, and that after such time, other than referendum rights, no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever.

DATED: September 20, 2018.

/s/Amanda Baum

District Secretary

Published in The Wasatch Wave September 26, and October 3, 2018.

NOTICE OF TRUSTEE’S SALE

The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States at the time of sale, on the front steps of the Wasatch County Courthouse, at 1361 South Highway 40, Heber City, Utah 84032, on October 22, 2018 at 9:00 a.m. of said day, for the purpose of foreclosing a Trust Deed and Security Agreement with Assignment of Rents executed by Kenneth Patey and Richelle Patey (“Pateys”) as Trustors, in favor of Moss Law Offices, PC, as Beneficiary, and recorded on August 23, 2013, as Entry No. 393192, Book 1088, Pages 1716-1724 in the official records of Wasatch County Recorder, and as corrected by the Affidavit of Scrivener’s Error recorded on June 7, 2018, as Entry No. 452476, Book 1225, Pages 20-21, covering real property located in Wasatch County, Utah, and more particularly described as follows:

PARCEL NUMBER: 00-0007-5346; OWC-0342-0-028-034

Beginning 2.50 chains North of the Southeast corner of the Northwest quarter of the Northeast quarter of Section 28, Township 3 South, Range 4 East, Salt Lake Base and Meridian, thence North 7.50 chains; thence West 20 chains; thence South 7.50 chains; thence East 20 chains to the beginning.

Said Parcel being more accurately depicted in that Record of Survey Map prepared by Brent E. Christensen, PLS #4854808 and filed in the office of the surveyor, Wasatch County, State of Utah, on the 23rd of December, 2008, as Record of Survey Filing Number 2085, and being more particularly described as follows:

Beginning at a found Wasatch State Park boundary marker as depicted on the certain Record of Survey Map prepared by Glen B. Hatch (Miller Associates, Inc.) and filed in the office of surveyor, Wasatch County, State of Utah, on the 17th of September, 1997, as Record of Survey Map Filing Number 674, said Wasatch State Park Boundary Marker lying South 645.17 feet and East 2,433.27 feet from a Wasatch County Survey Monument for the Northwest corner of Section 28, Township 3 South, Range 4 East, Salt Lake Base and Meridian (Basis of Bearings: Utah Coordinate System 1983 Central Zone); and running thence North 89°58’40” East 1,320.85 feet to a found Wasatch State Park Boundary Marker as depicted on said Record of Survey Filing Number 674; thence South 00°15’38” East 496.51 feet to a found Wasatch State Park Boundary Marker as depicted on said Record of Survey Filing Number 674; thence South 89°59’38” West 1,323.45 feet, as depicted on said Record of Survey Filing Number 674; thence North 00°02’28” East 496.14 feet, as depicted on said Record of Survey Filing Number 674, to the point of beginning.

Approximately 15 Acres.

Together with all appurtenances and 10 shares of stock of Oak Haven Mutual Water Users Association, Inc. in the possession of Pateys, together with all of the following property, whether now existing, or hereafter arising: all buildings, structures, and other improvements of every nature whatsoever now or at any time hereafter constructed or situated on said land owned by Pateys and now or hereafter located on, attached to, or used in connection with the operation or maintenance of such land, buildings, structures, or other improvements, including all replacements of any of the foregoing and any and all additions thereto; all rights-of-way, easements, gores of land, and licenses relating or appurtenant to said land; all water rights and stock; all mineral, oil, and gas rights and profits; all rents, issues, profits, and income of whatever nature of and from the foregoing; all right, title, and interest of Pateys in and to any and all present and future leases of said land or space in any building erected thereon, including the right to receive rent; all tenements, hereditaments, rights, privileges, and appurtenances relating or belonging to the foregoing; all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the foregoing or any portion thereof; and all proceeds of insurance paid on account of any partial or total destruction of the foregoing. All of the foregoing land and property is hereinafter referred to as the “Property.” The Property is limited to the 10 shares of stock of Oak Haven Mutual Water Users Association, Inc., and all other water rights are reserved to Pateys. The Property specifically excludes any livestock and farm related equipment for any livestock maintained on the Property. The Property is subject to all existing trails, roads and easements.

The current beneficiary of the Trust Deed is Duane W. Moss, and the record owners of the property as of the recording of the Notice of Default are Kenneth C. Patey and Richelle C. Patey. William O. Kimball was appointed successor trustee on June 7, 2018 (recorded on June 19, 2018), and is the current successor trustee.

Pursuant to the provisions of Utah Code Annotated 57-1 -27 et seq., any person, including the beneficiary, may bid at the sale. The undersigned trustee may bid for the beneficiary at the sale. Each bid shall be considered to be an irrevocable offer. Any successful bidder who refuses to pay the bid price shall be liable for any loss occasioned by the refusal, including interest, costs and trustee’s and reasonable attorney’s fees.

All bidders, except the beneficiary, must pre-qualify by tendering to the successor trustee a $5,000.00 deposit before the bidding begins. Except for the successful bidder, all deposits will be returned at the conclusion of the bidding. The successful bidder’s deposit will be immediately applied to the purchase price, and the successful bidder must tender to the successor trustee the balance of the purchase price by 11:00 a.m. on the seventh calendar day following the trustee’s sale. Both the deposit and the balance must be paid to PIA ANDERSON MOSS HOYT in the form of a wire transfer, cashier’s check or certified funds. Cash payments, personal checks or trust checks are not accepted.

The Successor Trustee may be contacted regarding this notice during regular business hours in a regular business day at the address or phone number listed below.

Dated this 26th day of September, 2018.

/s/William O. Kimball

Successor Trustee

PIA ANDERSON MOSS HOYT

136 E. South Temple,

Suite 1900

Salt Lake City, Utah 84111

(801) 350-9000

Published in The Wasatch Wave September 26, and October 3 and 10, 2018.
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