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Show The Garfield County Insider LEGAL LEVY AND NOTICE OF SHERIFF'S SALE REAL PROPERTY IN THE SIXTH JUDICIAL DISTRICT COURT IN AND FOR GARFIELD COUNTY, STATE OF UTAH BOULDER KING RANCH ESTATES WATER COMPANY,a non-profit Utah corporation, Plaintiff, v. BILLIE JONES, an individual, Defendant. Notice of Sheriff's Sale Case No. 0606000043 Judge Wallace A. Lee To be sold at Sheriff's Sale at the County Courthouse, 55 South Main Street, Panguitch, Utah, west entrance, County of Garfield, State of Utah, on the 11th day of February 2010 , at 12 o'clock of said day, all right, title and interest of said BILLIE JONES, in and to that certain piece or parcel of real property situated in Garfield County, State of Utah, described as follows to-wit: All of Lot 49 of the Boulder King Ranch Estates, as recorded in Garfield County, State of Utah. Parcel 020011-0049 Purchase price payable in lawful money of the United States of America. James D. Perkins, Sheriff of Garfield County, State of Utah. Published in the Garfield County Insider on January 21st, 28th, & February 4, 2010 UPAXLP EMERGENCY FOOD AND SHELTER PROGRAM BOARD APPLICATIONS ACCEPTED The Five County Association of Governments is accepting applications for Emergency Food and Shelter Program (EFSP) phase 28 funding (January 1, to December 2010). These funds are limited and are prioritized to assist nonprofit agencies with emergency food and/or shelter to low income individuals in the jurisdictions within the five county area. Total allocations for use in each jurisdiction are as follows: Washington County $66,268; Iron County $20,309; and $4,500 (to be split between the Beaver, Garfield, and Kane County jurisdiction). Interested organizations may obtain an application by calling 435-673-3548 or contacting Beth at 1070 West 1600 South, Building B St. George, UT. Applications must be submitted to the Five County AOG by 5:00 p.m. Friday February 19, 2010. Please contact us for information or assistance regarding this application process. Funding awards will be based upon monies made available by the National Emergency Food and Shelter Program Board. Published in the Garfield County Insider on February 4, 2010 UPAXLP Escalante Community Asset Building Workshop Thanks to the support of Utah State University, USU Extension and Pioneer Community program, Dr. Steve Daniels will facilitate a one day workshop in Escalante. Working jointly with Escalante residents, he will help identify the assets that are valued in the community and then plan how these assets can be used, The workshop is scheduled for Saturday, Feb. 13, 9:003:00 at Escalante High School. All interested citizens are welcome to attend INSPECTION SPECIAL Only $10 Wirt-WKS ADVERTISEMENT FOR BIDS Separate sealed bids for the Panguitch Municipal Airport Improvement Project, will be received by the office of Panguitch City, 25 South 200 East, Panguitch, UT 84759, until no later than 1:30 p.m., Friday, February 5, 2010, at which time the bids will be publicly opened and read aloud. Late bids will not be accepted. Work includes: crack seal, seal coat, and paint markings on airport pavements. five (5%) percent proposal guaranty is required. Plans, Specifications and Contract Documents may be examined in plan rooms in Utah at: McGraw Hill Construction, 1743 West Alexander Street, Salt Lake City and 313 East 1200 South, Orem; Associated General Contractors Office, 230 North 1680 East #B-1, St. George; Panguitch City Offices, 25 South 200 East, Panguitch, Utah; and at the offices of Creamer and Noble Engineers, 435 E. Tabernacle, St. George, Utah. Copies of the Contract Documents may be obtained only at the offices of Creamer & Noble, Inc., upon payment of a fee of $35 for each copy, no part of which is refundable. The City of Panguitch reserves the right to reject any or all bids or to waive any formality or technicality in any bid in the best interests of the City. Refer to "INFORMATION FOR BIDDERS", CONTRACTto CONTRACT-, and Section GP-20, paragraph 20-07 and 2008 for other specific requirements pertaining to bid submittals. Published in the Garfield County Insider on January 21st, 28th, & February 4, 2010 UPAXLP 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 Main Front Entrance in Garfield County, Utah on February 24, 2010 at 10:00 a.m. of said day, for the purpose of foreclosing a Trust Deed originally executed byJULIO V. BOLTES as trustors, in favor of JOHN ELLENBURG AND PEGGY 0. ELLENBURG, AS TRUSTEES OF THE JOHN AND PEGGY ELLENBURG TRUST DATED SEPTEMBER 12, 1990, covering real property located at 4040 N. SAGE HEN RIDGE LANE, PANGUITCH UT 84759 and more particularly described as: All of Lot 26,Antelope Ridge Estates, Phase I, Amended, A Subdivision according to the Official Plat thereof, recorded in the Office of the County Recorder of said county. Subject to a 35 foot right of way and easement for roadway and utilities along the West boundary of said Lot as disclosed in the recorded Plat EXCEPTING THEREFROM all coal and other minerals, as provided under Sections 65-1-15, 651-16, and 65-1-17, Utah Code Annotated 1953 and as amended, together with the right of ingress and egress for the purpose of exploring and/or removing the same. TOGETHER WITH 0.45 acre feet of water in water right no. 61.2816 claim no. a34505 as on file with the Utah State Water right engineer evidenced by certificate no. 4268 (.281 shares) The Current beneficiary of the Trust Deed is JOHN ELLENBURG AND PEGGY 0. ELLENBURG, AS TRUSTEES OF THE JOHN AND PEGGY ELLENBURG TRUST DATED SEPTEMBER 12, 1990 and the record owners of the property as of the recording of the Notice of Default are JULIO V. BOLTES. The sale is subject to bankruptcy filing, payoff, reinstatement or any other circumstance that would affect the validity of the sale. If any such circumstance exists, the sale shall be void, the successful bidders funds returned and the trustee and current beneficiary shall not be liable to the successful bidder for any damage. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. The deposit must be in a form of a cashier's check or bank official check payable to Security title Company. The balance must be in the form of a wire transfer, cashier's check, bank official check (credit union official checks are not accepted) or U.S. Postal money order payable to Security Title Company. Cash payments are not accepted. A Trustee's deed will be delivered to the successful bidder within three business days after receipt of the amount bid. Security Title Company of Garfield County, Trustee THOMAS V. HATCH, President 15 NORTH MAIN - PANGUITCH UT 84759 • (435)-676-8808 Published in the Garfield County Insider on January 28th, February 4 & 11, 2010 UPAXLP NOTICE TO WATER USERS The State Engineer received the following Application(s) in Garfield County (Locations in SLB&M). For more information or to receive a copy of filings, visit http://waterrights.utah. gov or call 1-866-882-4426. Persons objecting to an application must file a CLEARLY READABLE protest stating FILING NUMBER, REASONS FOR OBJECTION, PROTESTANTS' NAME AND RETURN ADDRESS, and any request for a hearing. Effective July 1, 2009, there will be a $15.00 fee for each protest filed. Protest must be filed with the State Engineer, Box 146300, Salt Lake City, UT 84114-6300 on or before MARCH 3, 2010. These are informal proceedings as per Rule R655-6-2 of the Division of Water Rights. (The Period of Use is generally year-round except irrigation which is generally from Apr 1 to Oct 31 each year.) NEW APPLICATION(S) 97-2363 (A78753): Karen and James Terry propose(s) using 0.45 ac-ft. from groundwater (4 miles SE of Boulder Town) for DOMESTIC. Kent L. Jones, RE., STATE ENGINEER Published in The Garfield County Insider on FEBRUARY 4 & 11, 2010. UPAXLP PUBLIC NOTICE Garfield County is accepting proposals until 5 p.m. Wednesday, February 17, 2010 to operate the Dead Animal Pit Located North of Panguitch, Utah. For proposal packets contact the Garfield County Engineer at 435-676-1101. Published in the Garfield County Insider on January 28th, February 4 & 11, 2010 UPAXLP viOYAt Through February 15th PUBLIC NOTICE Please take notice that candidates are to be elected for the following offices at the upcoming General Election to be held on Tuesday, November 2, 2010. The candidate filing period for these offices begins Friday, March 12, 2010 and ends at 5:00 p.m. Friday, March 19, 2010. 1. Federal A. U.S. Senate. One Senator for a six (6) year term. B. U.S. House of Representatives. One representative for a two(2) year term in the Second Congressional District. (The Second Congressional District consists of Carbon, Daggett, Duchesne, Emery, Garfield, Grand, Iron, Kane, Piute, part of Salt Lake (part), San Juan, Uintah, Utah (part), Wasatch, Washington and Wayne Counties). 2. State A. State Executive. Each position will be elected for a two (2) year term: (1) Governor (2) Lieutenant Governor B. Senate. One member for a four (4) year term from Senate District #28. (District Twentyeight (28) consists of Beaver, Garfield, Iron, Kane, Millard and Washington (part) Counties) C. House of Representatives. One member of the Utah House of Representatives for a two (2) year term from State Legislative District Seventy-three. (District Seventy-three (73) consists of Kane, Garfield, Piute, Beaver, and parts of Wayne, Sevier, Iron and Washington Counties). 3. County A. Assessor for a four (4) year term. B. Attorney for a four (4) year term. C. Clerk/Auditor for a four (4) year term D. Two Commissioners for four (4) year terms, Commission Seat "A" and Commission Seat E. Recorder for a four (4) year term. F. Treasurer for a four (4) year term. G. Sheriff for a four (4) year term. 4. School Board A. State School Board. One member for a four (4) year term from District Fourteen. (District Fourteen (14) consists of Carbon, Daggett, Duchesne, Emery, Garfield, Grand, Kane, Piute, San Juan, Sanpete, Sevier, Uintah and Wayne Counties) B. Garfield County School Board. One member for a four (4) year term from each of the following districts. A. School Board District #4. District #4 consists of Cannonville, Henrieville, and Tropic. B. School Board District #5. District #5 consists of Antimony, Boulder, Hatch and Ticaboo. 5. Judicial A. Court of Appeals. There will be an unopposed retention election for one (1) Court of Appeals Judge provided that the incumbent whose term is expiring files during the filing period. B. Juvenile Court. There will be a retention election for one (1) Juvenile Court Judge in the Sixth District provided that the incumbent whose term is expiring files during the filing period. (The Sixth District consists of Sanpete, Sevier, Piute, Wayne, Garfield and Kane Counties). C. Justice Court. There will be an unopposed retention election for the three (3) Justice Court Judges for the courts located in Garfield County provided that the incumbent whose term is expiring files during the filing period. Dated: February 3, 2010 Camille A. Moore, Garfield County Clerk/Auditor Published in the Garfield County Insider on February 4, 2010 UPAXLP PROPERTY RIGHTS ARE AMERICA'S SACRED TRUST Randy N. Parker, CEO of the Utah Farm Bureau Federation Advocates for Represen- warned, "The moment the croachment or entitlement tative Lorie Fowlke's bill idea is admitted into society in the future if Constitution(H.B 80) "Public Access to that property is not as sa- al protections are ignored? There are numerous Private Stream Beds" are cred as the laws of God and suggesting it is a good corn- there is no force of law and legal flaws, including no promise. Nothing could be public justice to protect it, streambed definition, that further from the truth for anarchy and tyranny com- have led to the current legUtah's landowners. Webster mence." islative debate on Capital tells us, a compromise is a Under Utah's Constitu- Hill. The Court did warn basic negotiation process in tion, legislating the laws of recreationists of potential which both parties give up the state is explicitly the re- injury to landowners when something for something sponsibility of the elected they provided their narrow they want. representatives of the peo- recreational easement speIn this case there was ple. In Conatser, the Court cifically to touching the waneither negotiation nor usurped the authority of the ter's bed for when wading compromise. Access came legislature by "establish- or swimming — therefore by court decree affecting ing [their] own rule." State "wet-feet." private property across the Senators and RepresentaFarm Bureau is concerned state, ranging from seclud- tives answer directly to Fowlke's bill to expand this ed brooks in Salt Lake City the people. Supreme Court recreational easement to the neighborhoods to creeks Justices do not. Conatser high water mark is about crossing ranches in San defined streambed access popularity, not principle. Juan County. The Utah Su- judicially, not legislatively! Utah has more than 75 perpreme Court in the ConatUtah water law explic- cent of its land government ser case focused on a single itly requires rights to be owned and open to the pubword "utilizing," then el- established by putting wa- lic. In this open access envievated recreational entitle- ter to beneficial use, not ronment, we must be carement above property rights a decreed right. Utah law ful to preserve our limited for "wading, hunting, fish- contains no statute that pro- private property rights. ing, and any legal activity" vides for a recreational use There are market-based related to the state's waters. of the state's waters. recreational opportuniFarm Bureau has "reThe Court ignored the ties like "Walk-in-Access" mained entrenched," but fact that property owners and the Cooperative Wildonly after a year-long dis- for generations have paid life Management Unit cussion and debate pro- and continue to pay taxes (CWMU) program that cess that ended in member on private property these provide access to private policy being adopted by streams cross. These rights property. Farmers, ranchers 128 delegates in Novemare long established within and other private landownber 2009. This policy replegal deeds and property de- ers who invest in habitat, resents more than 27,000 scriptions. Article I Section including streambeds for member families and more 22 of the Utah Constitu- fishing, should be able to importantly, property owntion says, "Private property sell that opportunity. Adam ers in every county of the shall not be taken or dam- Smith, author of The Wealth state who told us to protect the sanctity of private prop- aged for public use without of Nations, tells us property just compensation." This as a right is a belief central erty rights in Utah. Farm Bureau joins the na- ruling was a taking — if not to capitalism. Providing economic option's Founders in a strong of property, then certainly of value. portunities for access to pribelief that protecting propThe Court effectively asvate property ultimately oferty rights is fundamental. saulted private ownership fers incentives for healthy John Adams, Second President of the United States and Constitutional protec- streams and may help preand signatory to the Dec- tions. 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