Wave Legals 12/27/17
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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 JANUARY 23, 2018. Please visit waterrights.utah.gov or call (801)538-7240 for additional information.

CHANGE APPLICATION(S)

55-12874 (a43126): Gene and Lisa Bullough propose(s) using 0.45 ac-ft from groundwater (6.5 miles North of Midway) for DOMESTIC.

55-12817 (a43129): Daniel Irrigation Company, Ralph L. Duke Family Trust propose(s) using 0.8 ac-ft from groundwater (City of Independence) for IRRIGATION; STOCKWATER NG; DOMESTIC.

EXTENSION(S)

55-12432 (a21033i): Deepwater Distribution Co., Inc. is/are filing an extension for 8.15 ac-ft from the Underground Water Wells (19) and Unnamed Stream (Brighton Estates) for DOMESTIC.

55-12431 (a21034q): Deepwater Distribution Co., Inc. is/are filing an extension for 15.5 ac-ft from the Underground Water Wells (19) and Unnamed Stream (Brighton Estates) for DOMESTIC.

55-12547 (a21034s): Damon DeCando is/are filing an extension for 0.9 ac-ft from the Underground Water Wells (19) and Unnamed Stream (Brighton Estates) for DOMESTIC.

55-12548 (a21034t): May Louise Bostrom Family Living Trust is/are filing an extension for 0.45 ac-ft from the Underground Water Wells (19) and Unnamed Stream (Brighton Estates) for DOMESTIC.

55-9348 (a22537): 4RPROPERTIES L.L.C., Fort Field Little Dry Creek Water Users Association is/are filing an extension for 200.0 ac-ft from groundwater (Below Deer Creek Reservoir) for IRRIGATION; DOMESTIC.

Kent L. Jones, P.E.

STATE ENGINEER

Published in The Wasatch Wave December 27, 2017, and January 3, 2018.

PUBLIC NOTICE PUBLIC HEARING

In accordance with Section 10-6-127 of the Utah Code, notice is hereby given that the Heber City Council will hold a Public Hearing on January 4, 2018. The purpose of the Hearing is to increase the total appropriations in the Capital Improvement Fund in the 2017-2018 fiscal year budget. The meeting will be held at 6:00 p.m. at the Heber City Municipal Building located at 75 North Main Street. Any questions citizens may have regarding this hearing may be directed to the City Manager at 435-657-7885.

Jody Bates

City Recorder

Published in The Wasatch Wave December 27, 2017.

ORDINANCE ADOPTIONS

The Midway City Council adopted the following ordinances on 13 December 2017:

Ordinance 2017-04 an Ordinance Approving the Whitaker Farm Annexation and Designating Zoning to Apply to the Annexation Property

Ordinance 2017-20 an Ordinance Amending Title 7 of the Midway City Municipal Code Regarding Home Occupation Business Licenses

Full texts of these ordinances are available for review and copying at the City Recorder’s office located in the Midway City Office Building at 75 North 100 West, Midway City, Utah. Office hours are weekdays from 8:00 a.m. to 5:00 p.m. with lunch hours generally between 12:00 p.m. and 1:00 p.m.

Becky Wood

Deputy City Recorder

Published in The Wasatch Wave December 27, 2017.

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, January 11, 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:

• Public Hearing to consider amendment to Chapter 17.19 Industrial and Commercial Condominiums

• Public Hearing to consider Ridgepoint Management Group’s request for Subdivision Preliminary Approval for Sawmill Community Phase 1A Subdivision located between 1200 South, 2400 South, Highway 40, and Mill Road

• Public Hearing to consider Ridgepoint Management Group’s request for Subdivision Preliminary Approval for Sawmill Community Phase 1B Subdivision located between 1200 South, 2400 South, Highway 40, and Mill Road

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 December 27, 2017.

NOTICE

NOTICE is hereby given that the WASATCH COUNTY PLANNING COMMISSION will hold a Public Hearing on January 11, 2018 at 7:00 p.m. in the Wasatch County Council Chambers, located at 25 North Main Street, Heber City, to consider the following items:

1. Presentation by Scott Loomis, consultant to the County on moderate income housing, with discussion and possible motion regarding amendments/updates to the affordable housing code contained in 16.30 of the land use code. Continued from December 14th Meeting. *If forwarded, the recommendation by the Planning Commission on this item will be considered by the County Council as the Land Use Authority, at a Public Hearing on January 17, 2018.

2. Megan Probst is requesting an amendment to the General Plan to move the boundary of the Southern Planning Area to the north to include a 20.50 acre parcel that is currently in the Central Planning Area. The amendment to the general plan to include this property as part of the Southern Planning Area could allow for a rezone of the property to RA-5 (5 acre lots) due to less strict language in the Southern Planning Area regarding 20 acre zoning. The parcel (parcel # 00-0008-4686) is located at approximately 1555 West 650 South in Section 1, Township 4 South, Range 4 East in the South Fields area. If approved, planning staff recommends that language is added to the general plan for the Southern Planning area stating that its boundary should not extend any further north than 650 South or any further west than the Spring Creek stream channel. This would result in two parcels (Parcel # 00-0008-4389 and 00-0015-4117) that are north of 650 South changing from the Southern to the Central Planning area. Continued from December 14thMeeting. *If forwarded, the recommendation by the Planning Commission on this item will be considered by the County Council as the Land Use Authority, at a Public Hearing on January 17, 2018.

3. Megan Probst is requesting a rezone of 20.50 acres from A-20 (Agricultural 20-acre lots) to RA-5 (Residential Agricultural 5-acre lots). The parcel (parcel # 00-0008-4686) is located at approximately 1555 West 650 South in Section 1, Township 4 South, Range 4 East in the South Fields area. Continued from December 14th Meeting. *If forwarded, the recommendation by the Planning Commission on this item will be considered by the County Council as the Land Use Authority, at a Public Hearing on January 17, 2018.

4. Glen Lent, representative for Clayton Properties Group II Inc., is requesting an amendment to the Jordanelle Ridge A 4th Amended Townhome Plat to remove plat note #5 which says “Lots A-73 – A-83 are H.O.A. maintained cottage lots and cannot install fences”. No other amendments are proposed. The properties that this note pertained to are located in the Jordanelle Ridge development which is located west of SR 32 in Section 7, Township 3 South, Range 5 East in the North Village Overlay Zone (NVOZ). *If forwarded, the recommendation by the Planning Commission on this item will be considered by the County Council as the Land Use Authority, at a Public Hearing on January 17, 2018.

5. Mark Brazier is requesting a plat amendment to Timber Lakes Plat 18 A of the Timber Lakes Development to combine lots 1855 and 1856 into a single 1.37 acre lot. The lots are located at 3972 S. (1855) and 3954 S. (1856) Blue Spruce Drive in Section 23, Township 4 South, Range 5 East in the Mountain Zone.

6. Chad Magleby, representative for Craig and Kelly Davis, is requesting an amendment to Lot 2 of Wolf Creek Plat-A Corrected to amend a side yard building setback from 300’ to 125’. Lot 2 is in Wolf Creek Ranch and is located at 11042 E Wild Elk Meadow in Section 35, Township 3 South, Range 6 East in the P-160 (Preservation 160 Acre) zone. *If forwarded, the recommendation by the Planning Commission on this item will be considered by the County Council as the Land Use Authority, at a Public Hearing on January 17, 2018.

7. Summit Engineering, representative for Dans Food Inc. and Bicknell Investments LLC, is requesting a plat amendment to Diamond Bar X Ranch Subdivision 6 Plat and Diamond Bar X Ranch 6 Lots 10, 11, 12, 24, 25 Amended Plat. This amendment will be reviewed along with the proposed amendment to Diamond Bar X Amended and Extended Plat. The proposed amendment to the Diamond Bar X Ranch Subdivision 6 Plat and the Diamond Bar X Ranch 6 Lots 10, 11, 12, 24, 25 Amended Plat, would consolidate 22 building lots into 11 building lots and three open space parcels. One additional building right is proposed to be transferred to an adjacent plat with a subsequent plat amendment. It will also bring 3.13 acres of undeveloped property into the subdivision plat, creating a fourth open space parcel. The proposed plat amendment is located in Section 22 of Township 3 South, Range 7 East in the P-160 (Preservation 160-Acre) zone. *If forwarded, the recommendation by the Planning Commission on this item will be considered by the County Council as the Land Use Authority, at a Public Hearing on January 17, 2018.

8. Summit Engineering, representative for Dans Food Inc. and Bicknell Investments LLC, is requesting a plat amendment to Diamond Bar X Ranch Subdivision 6 Amended and Extended Plat. This amendment will be reviewed along with the proposed amendment to Diamond Bar X Ranch Subdivision 6 Plat and Diamond Bar X Ranch 6 Lots 10, 11, 12, 24, 25 Amended. The amendment impacts four existing parcels in the plat, three of which are building lots and one is non-buildable open space parcel. The proposed amendment would transfer one building right from the previously considered phase 6 plat to lot 49, allowing it to become a buildable lot. The combined overall density for the owner’s properties in phase 6 (including both proposed plat amendments) would go from 25 building lots to 15. The proposed plat amendment is located in Sections 15 and 22 of Township 3 South, Range 7 East in the P-160 (Preservation 160-Acre) zone. *If forwarded, the recommendation by the Planning Commission on this item will be considered by the County Council as the Land Use Authority, at a Public Hearing on January 17, 2018.

All interested persons are invited to attend.

A briefing will be held in the Council Chambers at 6:00 p.m. to review the evening’s issues. This briefing will be for discussion purposes only between the Planning Staff and the Planning Commission. No action will be taken. The public may attend; however, no public testimony will be heard. For information, please call the Planning Department at 435-657-3205.

*County Council Public Hearings will be held at 6:00 p.m. in the County Council Chambers located at 25 North Main Street, Heber City on the date specified.

Pursuant to the Americans with Disabilities Act, individuals needing special accommodations during the meeting should notify the Wasatch County Planning Department prior to the meeting.

S. Lawrence

Wasatch County Planning & Zoning

Published in The Wasatch Wave December 27, 2017.

NOTICE OF PUBLIC

MEETING

Notice is hereby given that the MIDWAY WATER ADVISORY BOARD will hold a meeting on Monday, January 8, 2018 at 6 p.m. in the Midway City Office Building, located at 75 North 100 West, Midway, Utah, to consider the following items:

1. General Consent Calendar

a. Discuss Chairman and Co-Chairman for year

i. 2018 Midway Irrigation Company is chairman of board, with Midway City Mayor serving as the co-chairman.

2. Midway Springs – 210 East 600 North

a. Discuss Subdivision water requirements

b. Possible Recommendation to City Council.

3. Clifford and Victoria Chaney – Chaney Woodworking – about 31 E. 100 S.

a. Discuss project water requirements

b. Possible Recommendation to City Council

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

Published in The Wasatch Wave December 27, 2017, and January 3, 2018.

WALLSBURG TOWN

NOTICE OF CITY COUNCIL PUBLIC HEARING

The Wallsburg Town Council will hold a public hearing on January 4, 2018 at 7:00 p.m., or as soon thereafter as business allows, in the Wallsburg Town Hall 70 West Main Canyon Rd. Wallsburg, Utah. The Town Council will open and receive public comments concerning the following:

• Approval of an Ordinance accepting the Annexation of Blake Allen’s property (formally Nile Mecham’s) located at approximately 585 E Main Canyon Rd, Wallsburg, and consisting of approximately 60 acres.

For more information, please contact Rylee Allen (435) 671-8477.

Published in The Wasatch Wave December 20 and 27, 2017.

PUBLIC NOTICE

Midway Irrigation Company Share Holder Meeting. The Annual Shareholder meeting of the Midway Irrigation Company will be held Saturday, January 6, 2018 at 1:00 P.M in the Midway City Community Center located at 120 West Main Street in Midway. The agenda will include an operational and financial review of the 2017 irrigation season, officer elections other business. A light lunch will be served prior to the meeting starting at noon. If you have questions, please call Mike at 801-420-6158.

Published in The Wasatch Wave December 20 and 27, 2017.

NOTICE TO

ARCHITECTURAL FIRMS

Wasatch County School District is accepting a Statement of Interest and Qualifications (SOIQ) from qualified architectural firms for the design, preparations of contract documents, and construction administration for a Kitchen Renovation at Midway Elementary School. The project will include but is not limited to the renovation of approximately 7,500 to 10,000 square feet. The SOIQ and supplemental information will be accepted in the Wasatch County School District Office, located at 101 East 200 North, Heber City, Utah 84032,(435) 654-0280, until 10:00 a.m., January 9, 2018. Delivery means and methods for SOIQs are the sole responsibility of the offeror. Statements received after that time will not be considered. The submitting firm shall provide three (3) complete copies of their proposal. Documents may be obtained after 9:00 a.m. on December 20, 2017. To obtain documents email purchasing@wasatch.edu .Questions, interpretations, clarifications or communication regarding this project should be made by email to purchasing@wasatch.edu Contact made with any other Wasatch School District personnel may be considered grounds for disqualification.

Published in The Wasatch Wave December 20 and 27, 2017.

NOTICE TO CIVIL

ENGINEERING FIRMS

Wasatch County School District is accepting a Statement of Interest and Qualifications (SOIQ) from qualified civil engineering firms for the design, preparations of contract documents, and construction administration for renovation for approximately 60,000 square feet of asphalt at the Wasatch County School District Transportation Department. The SOIQ and supplemental information will be accepted in the Wasatch County School District Office, located at 101 East 200 North, Heber City, Utah 84032,(435)654-0280, until 11:00 a.m., January 9, 2018. Delivery means and methods for SOIQs are the sole responsibility of the offeror. Statements received after that time will not be considered. The submitting firm shall provide three (3) complete copies of their proposal. Documents may be obtained after 9:00 a.m. on December 20, 2017. To obtain documents email purchasing@wasatch.edu . Questions, interpretations, clarifications or communication regarding this project should be made by email to purchasing@wasatch.edu Contact made with any other Wasatch School District personnel may be considered grounds for disqualification.

Published in The Wasatch Wave December 20 and 27, 2017.

IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR WASATCH COUNTY, STATE OF UTAH

TROY KOHLER, ET AL.

Plaintiffs,

v.

KENNETH PATEY, ET AL.

Defendants.

SUMMONS

Case No. 150500038 (Consolidated 150500018)

JUDGE JENNIFER A. BROWN

THE STATE OF UTAH to Defendant The Accuprime Group, LLC.

You are summoned and required to answer the attached FIRST AMENDED COMPLAINT. Within 30 days after service of this SUMMONS, you must file your written ANSWER with the clerk of the Fourth District Court at the following address: 1361 S. Hwy 40 #120, Heber, Utah 84032 and you must mail or deliver a copy to DON COLLELUORI, FIGARI + DAVENPORT, LLP, 901 MAIN STREET, SUITE 3400, DALLAS, TEXAS 75202. If you fail to do so, judgment by default may be taken against you for the relief demanded in the FIRST AMENDED COMPLAINT. The FIRST AMENDED COMPLAINT is on file with the Court.

Dated this 29th day of August, 2017.

Respectfully submitted by: Phillip J. Russell, HATCH, JAMES & DODGE, P.C.

and Don Colleluori, Amanda Sotak, FIGARI + DAVENPORT, LLP

ATTORNEYS FOR PLAINTIFFS

Serve Defendant The Accuprime Group, LLC at:

720 S. Kimball Avenue

Southlake, Texas 76092

Published in The Wasatch Wave December 13, 20 and 27, 2017.
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