Wave Legals 08/09/17
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HEBER CITY

CORPORATION

Planning Commission Public Hearing Notice

Notice is hereby given that the Heber City Planning Commission will hold a public hearing on Thursday, August 24, 2017 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:

• Public Hearing to consider Hawkes Phelps Homes’ request for Subdivision Preliminary and Final Approval for the Timp View Crossing Subdivision located at approximately 175 North 750 East

Public comment is welcome. Text and/or maps of proposed amendments can be viewed at the Heber City Office Building, Planning and Zoning Office, 75 North Main Street. Any questions or written comments pertaining to this Public Hearing can be directed to Karen Tozier or the Planning and Zoning Department (435-654-4830) during regular business hours or emailed to ktozier@ci.heber.ut.us.

Karen Tozier

Planning Commission

Secretary

Published in The Wasatch Wave August 9, 2017.

PUBLIC NOTICE

ORDINANCE ADOPTION

During the regular meeting of August 3, 2017, the Heber City Council adopted Ordinance 2017-26. Ordinance 2017-26 an Ordinance Adopting Chapter 15.13 of the Heber City Municipal Code, Notice Required for Demolition of Historic Buildings. Voting Aye: Council Members Bradshaw, Franco, Potter, Smith and Crittenden. Council Members Voting Nay: None. The motion passed unanimously.

A complete copy of Ordinance 2017-26 can be reviewed in the office of the City Recorder during normal business hours.

Michelle Vest

Heber City Recorder

Published in The Wasatch Wave August 9, 2017.

PUBLIC NOTICE

Public Notice is hereby given that the 2017 primary election is August 15, 2017 vote by mail election. Ballots need to be post marked on or before August 14, 2017 or delivered to the Clerks office 25 North Main Street Heber City Utah by August 15, 2017 by 8:00 P.M or any of the voting locations. There will be drop boxes at all voting locations on Election Day.

This primary election is a closed Republican Party U.S. House of Representatives Congressional District 3 primary, only registered republicans can vote in that primary.

Heber City, Midway, and Charleston each have Nonpartisan primary races. To accommodate all voters we will have the following locations on Election Day.

Voting locations on Election Day

Wasatch County Building

25 North Main Street

Heber City, Utah

Midway Town Hall

160 W. Main Street

Midway Utah

Wallsburg Town Hall

70 W. Main Canyon Rd

Wallsburg Utah

Charleston Town Hall

3454 W. 3400 S.

Charleston Utah

Brent R. Titcomb

Wasatch County Clerk/

Auditor

Published in The Wasatch Wave August 9, 2017.

REQUEST FOR BIDS

Owner: Heber City Corporation

Address: 75 North Main, Heber, Utah 84032

SEALED BIDS for the Construction of the Heber City – 2017 Sewer Improvements 300 West: Center St to 100 South Project will be received by Heber City at 75 North Main, Heber, Utah until 2:00 p.m. MDST, August 30, 2017 and then publicly opened and read aloud. Recommendation for award will be presented to the Heber City Council at the next scheduled meeting.

PROJECT DESCRIPTION:

Includes removal of existing sewer line and installation of new 8” sewer line at approximately 512 LF and 12 city cleanout assembly & lateral connections of existing sewer laterals to new sewer line.

The CONTRACT DOCUMENTS, consisting of Request for Bids, Information for Bidders, Information Required of Bidder, Status Verification System Affidavit, Bid, Measurements and Payments, Bid Bond, Certificate of Non-Collusion, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Order, General Conditions, Special Provisions, Specifications, Drawings, and Addenda, may be examined at the following locations:

HORROCKS ENGINEERS, 728 West 100 South, HEBER, UTAH 84032.

HORROCKS ENGINEERS, 2162 WEST GROVE PARKWAY, SUITE 400, PLEASANT GROVE, UTAH 84062.

Copies of the CONTRACT DOCUMENTS may be obtained at the office of HORROCKS ENGINEERS LOCATED AT 2162 WEST GROVE PARKWAY, SUITE 400, PLEASANT GROVE, UTAH 84062, and HORROCKS ENGINEERS LOCATED AT 728 WEST 100 SOUTH, HEBER, UTAH 84032 upon payment of $40.00 for each set, none of which will be refunded. Date of availability is August 11, 2017.

PRE-BID MEETING:

1:00 p.m. MDST, August 17, 2017 at Horrocks Engineers 728 West 100 South, Heber City, Utah 84032

DOCUMENTS REQUIRED AT BID OPENING:

1. Bid forms provided (Sections 00200, 00210, 00300, and 00310).

2. Cashier or Certified check or bid bond made payable to Heber City Corporation in an amount equal to at least five percent (5%) of the total amount of the bid. Bid bonds must be underwritten by a Surety Company approved by the U.S. Department of the Treasury. (Circular 570, latest edition).

If all required documents are not provided, the bid may be disqualified.

Heber City Corporation reserves the right to accept or reject any or all proposals, or any part of any proposal, including the right to waive any informality in any part of any proposal within the best interest of Heber City.

Date: August 2017

Alan McDonald, Mayor

Published in The Wasatch Wave August 9, 16 and 23, 2017.

NOTICE OF PUBLIC

AUCTION

Beehive Storage, 1484 Industrial Parkway

Heber, Ut 435-654-4433

DATE: Aug. 26, 2017 @ 9:30am

This Notice of Auction is being given pursuant to 38-1-1 etel, Utah Code Annotated.

#122 (full) Ryan Anderson, Automotive/Mechanic tools, compressor, Mechanics creepers, hoses, yard equip, furniture, household, boxes

Published in The Wasatch Wave August 9, 2017.

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 SEPTEMBER 5, 2017. Please visit waterrights.utah.gov or call (801)538-7240 for additional information.

CHANGE APPLICATION(S)

55-12814(a42800): Jordanelle Special Service District, VR Acquisitions, LLC, a Delaware Limited Liability Company propose(s) using 1.82 cfs or 177.15 ac-ft. from groundwater (3 mi.West of Francis) for MUNICIPAL: In Jordanelle Special Service District.

Kent L. Jones, P.E.

STATE ENGINEER

Published in The Wasatch Wave August 9 and 16, 2017.

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, at the east Main Entrance to the Wasatch County Courthouse, 1361 South Highway 40, Heber City, Utah, on Friday, September 8, 2017, at the hour of 12:00 noon on said day, for the purpose of foreclosing a Trust Deed executed by NORTH VILLAGE RESORT, LLC, as Trustor, in favor of MILLER BATES, LLC for which a Notice of Default was recorded March 17, 2017, as Entry No. 435968 in Book 1185 at Page 1811, and to which reference is hereby made, covering real property located in Wasatch County, State of Utah, and being more particularly described as follows:

Proposed Parcel D, being more particularly described as follows:

A parcel of land located in the South half of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian, said parcel being more particularly described as follows:

Beginning at a point that is North 89°17’02” West 1609.57 feet and North 885.67 feet from the South quarter corner of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian; and running thence North 00°35’16” West 270.00 feet; thence North 89°24’44” East 821.66 feet; thence South 00°35’16” East 65.91 feet; thence South 45°28’32” West 176.21 feet; thence South 00°40’44” East 81.83 feet; thence South 89°24’44” West 694.91 feet to the point of beginning.

Together with and subject to an unlimited right of way and utility easement for the benefit of the Grantee parcels, over all ingress and egress driveways, roads and/or paths that originate from River Road or Highway, and continuing through and over all driveways, vehicle paths and/or pedestrian paths that are installed on Grantor’s remaining property and/or the property described as Parcel E on the Warranty Deed in favor of K&H Development-Heber, LLC recorded on July 22, 2015, in the office of the Wasatch County Recorder as Entry No. 414240 in Book 1135 at Page 193.

Part of Parcel I.D. #OWC-0512-8

The current Beneficiary of the Trust Deed is Miller Bates, LLC, and the record owner of the property as of the recording of the Notice of Default is North Village Resort, LLC.

Any interested purchasers of the aforedescribed property are informed that the Trustee will accept bids accompanied with cash or cashier’s checks at the time of sale.

Bidders (except the Beneficiary, which may credit bid) must tender to the Trustee a $5,000 deposit at the sale and the balance of the purchase price by 12:00 noon the next business day following the sale. The deposit must be in the form of a bank cashier’s check, bank official check, or U.S. Postal money order payable to “Spencer B. Nelson, Trustee.” Such balance must be paid within two business days of the date of sale, otherwise the successful bid will be void and the deposit will be forfeited. The balance must be in the form of a wire transfer, bank cashier’s check, bank official check (credit union official checks are not acceptable), or U.S. Postal money order payable to “Spencer B. Nelson, Trustee”. Such balance must be paid within two business days of the date of sale, otherwise the successful bid will be void and the deposit will be forfeited. Cash payments are not acceptable. A Trustee’s Deed will be delivered to the successful bidder within three (3) business days after receipt of the amount bid.

The sale is made without any warranty whatsoever, including but not limited to any warranty as to title, liens, possession, taxes, encumbrances, or condition of the property. The sale is subject to bankruptcy filing, payoff, reinstatement, or any other circumstances that would affect the validity of the sale. If any such circumstances exist, the sale shall be void, the successful bidder’s funds shall be returned, and the Trustee and current Beneficiary shall not be liable to the successful bidder for any damages.This is an attempt to collect a debt. Any information obtained will be used for that purpose.

DATED this 1st day of August, 2017.

/s/ Spencer B. Nelson

Trustee

5292 College Drive, Suite 203

Murray, UT 84123

Telephone: (801) 428-1810

Hours: 8:00 a.m. - 5:00 p.m.

Published in The Wasatch Wave August 9, 16 and 23, 2017.

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, at the east Main Entrance to the Wasatch County Courthouse, 1361 South Highway 40, Heber City, Utah, on Friday, September 8, 2017, at the hour of 12:00 noon on said day, for the purpose of foreclosing a Trust Deed executed by NORTH VILLAGE RESORT, LLC, as Trustor, in favor of MILLER BATES, LLC for which a Notice of Default was recorded March 17, 2017, as Entry No. 435967 in Book 1185 at Page 1808, and to which reference is hereby made, covering real property located in Wasatch County, State of Utah, and being more particularly described as follows:

Proposed Parcel C, being more particularly described as follows:

A parcel of land located in the South half of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian, said parcel being more particularly described as follows:

Beginning at a point that is North 89°17’02” West 718.76 feet and North 1758.78 feet from the South quarter corner of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian; and running thence North 00°35’16” West 180.00 feet; thence South 89°36’04” East 333.88 feet; thence South 23°43’12” East 603.61 feet; thence South 66°16’48” West 220.00 feet; thence North 23°43’12” West 508.10 feet; thence South 89°24’44” West 169.04 feet to the point of beginning.

Proposed Parcel F, being more particularly described as follows:

A parcel of land located in the South half of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian, said parcel being more particularly described as follows:

Beginning at a point that is North 89°17’02” West 1246.50 feet and North 1747.80 feet from the South quarter corner of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian; and running thence North 89°24’44” East 467.71 feet; thence North 00°35’16” West 180.00 feet; thence North 89°36’04” West 282.28 feet; thence South 71°02’57” West 52.43 feet to a point on a non-tangent curve to the right having a radius of 1024.93 feet, of which the radius point bears North 10°20’32” West; thence Westerly along the arc of said curve 110.50 feet through a central angle of 06°10’37”; thence North 08°54’34” East 10.27 feet to the Southerly right-of-way of River Road, said point being on a non-tangent curve to the left having a radius of 1014.93 feet, of which the radius point bears North 04°17’47” West; thence along the southerly right-of-way of River Road the following three (3) courses: (1) Easterly along the arc of said curve 106.34 feet through a central angle of 06°00’12”; thence (2) North 71°02’57” East 53.38 feet; thence (3) South 89°36’04” East 702.69 feet to the Westerly right-of-way of U.S. 40; thence along the Westerly right-of-way of U.S. 40 the following two (2) courses: (1) South 24°22’00” East 683.96 feet; thence (2) South 23°12’07” East 457.13 feet to an existing fence; thence along the fence line the following four (4) courses: (1) South 89°18’16” West 300.75 feet; thence (2) South 89°57’53” West 185.35 feet; thence (3) South 89°19’16” West 734.23 feet; thence (4) South 89°33’11” West 489.59 feet; thence North 00°35’16” West 10.01 feet; thence North 89°24’44” East 694.91 feet; thence North 00°40’44” West 81.83 feet; thence North 45°28’32” East 176.21 feet; thence South 46°39’03” East 134.61 feet; thence South 00°35’16” East 110.69 feet; thence North 89°24’44” East 478.82 feet; thence North 39°20’39” East 76.97 feet; thence North 66°16’48” East 163.99 feet; thence North 23°43’12” West 270.43 feet; thence South 66°16’48” West 260.00 feet; thence North 23°43’12” West 569.61 feet; thence South 89°24’44” West 666.74 feet; thence North 08°54’34” East 60.83 feet to the point of beginning.

LESS AND EXCEPTING the following: North Village Resort Parcel C:

A parcel of land located in the South half of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian, said parcel being more particularly described as follows:

Beginning at a point that is North 89°17’02” West 718.76 feet and North 1758.78 feet from the South quarter corner Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian; and running thence North 00°35’16” West 180.00 feet; thence South 89°36’04” East 333.88 feet; thence South 23°43’12” East 603.61 feet; thence South 66°16’48” West 220.00 feet; thence North 23°43’12” West 508.10 feet; thence South 89°24’44” West 169.04 feet to the point of beginning.

Together with and subject to an unlimited right of way and utility easement for the benefit of the Grantee parcels, over all ingress and egress driveways, roads and/or paths that originate from River Road or Highway, and continuing through and over all driveways, vehicle paths and/or pedestrian paths that are installed on Grantor’s remaining property and/or the property described as Parcel E on the Warranty Deed in favor of K&H Development-Heber, LLC recorded on July 22, 2015, in the office of the Wasatch County Recorder as Entry No. 414240 in Book 1135 at Page 193.

Part of Parcel I.D. #OWC-0512-7 and OWC-0512-9

ALSO LESS AND EXCEPTING the following real property that was previously reconveyed:

Retail 2:

A parcel of land located in the South half of Section 18, Township 3 South, Range 5 East Salt Lake Base and Meridian, said parcel being more particularly described as follows:

Beginning at a point that is North 89°17’02” West 879.14 feet and North 1733.16 feet from the south quarter corner of Section 18, Township 3 South, Range 5 East, Salt Lake Base and Meridian, a 3” aluminum cap 2005; and running thence North 00°35’16” West 105.66 feet; thence East 315.08 feet; thence South 102.44 feet; thence South 89°24’44” West 314.01 feet to the point of beginning.

Tax ID No.: 00-0021-1556

The current Beneficiary of the Trust Deed is Miller Bates, LLC, and the record owner of the property as of the recording of the Notice of Default is North Village Resort, LLC.

Any interested purchasers of the aforedescribed property are informed that the Trustee will accept bids accompanied with cash or cashier’s checks at the time of sale.

Bidders (except the Beneficiary, which may credit bid) must tender to the Trustee a $5,000 deposit at the sale and the balance of the purchase price by 12:00 noon the next business day following the sale. The deposit must be in the form of a bank cashier’s check, bank official check, or U.S. Postal money order payable to “Spencer B. Nelson, Trustee.” The balance must be in the form of a wire transfer, bank cashier’s check, bank official check (credit union official checks are not acceptable), or U.S. Postal money order payable to “Spencer B. Nelson, Trustee”. Such balance must be paid within two business days of the date of sale, otherwise the successful bid will be void and the deposit will be forfeited. Cash payments are not acceptable. A Trustee’s Deed will be delivered to the successful bidder within three (3) business days after receipt of the amount bid.

The sale is made without any warranty whatsoever, including but not limited to any warranty as to title, liens, possession, taxes, encumbrances, or condition of the property. The sale is subject to bankruptcy filing, payoff, reinstatement, or any other circumstances that would affect the validity of the sale. If any such circumstances exist, the sale shall be void, the successful bidder’s funds shall be returned, and the Trustee and current Beneficiary shall not be liable to the successful bidder for any damages.

This is an attempt to collect a debt. Any information obtained will be used for that purpose.

DATED this 1st day of August, 2017.

/s/ Spencer B. Nelson

Trustee

5292 College Drive,

Suite 203

Murray, UT 84123

Telephone: (801) 428-1810

Hours: 8:00 a.m. - 5:00 p.m.

Published in The Wasatch Wave August 9, 16 and 23, 2017.

NOTICE

The Charleston Town Planning Commission will hold a Public Hearing on August, 24th 2017 at 7 p.m. in the Charleston Town Hall to consider the preliminary plan & engineering drawings of the proposed Willow Way subdivision, for Ted Greenfield which is located at 2931 West 3000 South, Charleston, Utah.

Arlene Buehler

Charleston Town Clerk

Published in The Wasatch Wave August 9, 2017.

PUBLIC NOTICE

Wasatch County School District Board of Education Meetings 2017‐18

For the 2017‐18 school year, the Board of Education will hold their regular meetings every third Thursday of the month beginning at 6:30 p.m., unless otherwise noted. Study Sessions will be scheduled prior to board meetings beginning at 5:00 p.m. Meetings are to be held at the Wasatch Education Center Board Room, 101 East 200 North, Heber City, Utah, unless otherwise designated.

School Board Meeting Schedule 2017 2018

August 15, 2017

September 21, 2017

October 4-5, 2017

November 16, 2017

December 14, 2017

January 18, 2018

February 15, 2018

March 22, 2018

October 17, 2017

April 19, 2018

May 17, 2018

June 21, 2018

In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids or services for these meetings should call Stacey Moore at 435‐654‐0280, ext. 4102, giving at least three (3) days prior to Board Meeting so arrangements can be made.

Keith Johansen

Business Administrator

Published in The Wasatch Wave August 9, 2017.

NOTICE

Legacy Resorts, LLC has obtained a Default Judgment on its Amended Crossclaim against each of ASA Capital, LLC, Matterhorn Development Inc., The Accuprime Group, LLC, Zermatt Villages, Ltd., Gary Lyells, Kaylyn Lyells, and Troy Waite in Case No. 150500038 in the Fourth Judicial District Court in and for Wasatch County, Utah. The deadline to appeal the judgment against them by filing a Notice of Appeal has passed, but counsel for Legacy Resorts, LLC is willing to stipulate to additional time for appeal by any of the above persons if they request appeal by emailing attorney Rod N. Andreason at randreason@kmclaw.com by September 13, 2017. Mr. Andreason will also provide them with a copy of any Default Judgment in this case at any time upon their request.

Published in The Wasatch Wave August 2, 9 and 16, 2917.

NOTICE OF PUBLIC

MEETING

Notice is hereby given that the MIDWAY CITY PLANNING COMMISSION will hold a meeting on Wednesday, August 16, 2017 at 7 p.m. in the Midway Community Center, located at 160 West Main Street, Midway, Utah, to consider the following items:

Midway City is proposing a Code Text Amendment of Midway City’s Land Use Code that would amend the ordinance for animal rights in all zones. This item is based on amendments made to the General Plan that were adopted earlier this year. Those amendments promote allowing animal rights in zones where they are currently not allowed.

Midway City is proposing a Code Text Amendment of Midway City’s Land Use Code that would amend the requirements for setbacks of planned unit developments, large-scale and small-scale subdivisions located in Sections 16.16.8, 16.16.9 and 16.17.7 of the Land Use Code. This item is based on amendments made to the General Plan that were adopted earlier this year. Those amendments promote preserving view corridors and the rural atmosphere of Midway.

Midway City is proposing a Code Text Amendment of Midway City’s Land Use Code that would amend the ability of sensitive lands to be included as required open space located in Section 16.16.10 of the Land Use Code. This item is based on amendments made to the General Plan that were adopted earlier this year. Those amendments promote preserving Midway’s rural atmosphere and reducing density where appropriate.

Nora Lundin is requesting annexation of 3.77 acres and R-1-22 zoning has been requested for the property. The applicant would like to subdivide the property into six lots. The property is located at approximately 900 West Swiss Alpine Road.

Berg Engineering, agent for Kent Buie, is requesting Final approval of Saint-Prex Estates. The proposal is a large-scale subdivision that is 11.54 acres in size and will contain 16 lots. The property is located at 800 West Swiss Alpine Road and is in the R-1-22 zone.

Berg Engineering, agent for Kent Buie, is requesting Final approval of Cascades at Soldier Hollow Phase 2. The proposal is a large-scale subdivision that is 11.23 acres in size and will contain 18 lots. The property is located at 500 West Cascade Parkway and is in the R-1-15 zone.

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

Published in The Wasatch Wave on August 2 and 9, 2017.

PUBLIC NOTICE

A permit has been requested to demolish a historic structure located at 192 West 100 North in Midway so that a new dwelling can be built on the property. A historic structure is defined as any structure that is at least 75 years old. Persons who wish to present a plan to preserve this historic building must apply to Midway City no later than September 5, 2017.

Midway City Offices

100 West 75 North

435-654-3223 (ext. 105)

Published in The Wasatch Wave August 2, 9 and 16, 2017.

NOTICE

Invitation to Bid for Improvements to Wasatch County Solid Waste Administration Building

Project Category: Buildings/Public

Project Name: Wasatch County Solid Waste Administration Building Improvements

County/City/State: Wasatch, Heber City UT

Location Site Address: 1891 West 3000 South Heber City, Utah 84032

Bids Close: August 17th, 3 p.m.

Pre-bidding Information Pre-bid Meeting Date: August 7th, 10:00 a.m..

Prospective prime bidders are not required to attend.

Location: Site Location:

1891 West 3000 South

Heber City, Ut. 84032

Project Description:

Improvements to the Administration Building of the Wasatch Solid Waste station shall consist of addition of approximately 1455 square feet, added to an existing structure constructed of wood frame, wood frame roof with metal finish, EIFS exterior, exterior doors, service interaction window, with interior features adding office space, utility room, copy and file room, conference room, reception area and vestibule. Project also to include post-new construction demolition and remodel of existing facility interior. Square footage of building improvements total approximately 2,480 square feet.

Upgrades to parking lot paving and striping, concrete fencing and landscaping, and storm water detention are also required.

Contractor shall include plan to minimize dust and avoid business disruption during construction and remodeling of the areas being improved.

Owner:

Wasatch County Public Works

1891 West 3000 South

Heber City, Utah 84032

Ph: 435-654-1661

Contact: Mike Davis, Director of Public Works

e-mail: PublicWorks@wasatch.utah.gov

Soliciting Agent:

Epic Engineering

50 East 100 South

Heber City, Utah 84032

Contact: Derek Nelson

e-mail: dnelson@epiceng.net

Project Documents:

Complete digital project bidding documents, pursuant to which labor, materials or services must be furnished, are available by e-mailing Derek Nelson at Epic Engineering: dnelson@epiceng.net

Published in The Wasatch Wave August 2 and 9, 2017.
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