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Show The Garfield County Insider October 14, 2010 vegaZiza Itav 13.__ Uotreyn ifi 76Wew430 di.mimp< Aim site,adtio Wills, Trusts & Probate — Business Law & Bankruptcy Real Estate - Contracts — Commercial Litigation Family Law & Divorce — Select Personal Injury Licensed in UT, NV, AZ, CO, MD and CA Offices: St. George, Utah & Mesquite, Nevada (435) 628-1711 CHANGING YOUR WILL OR TRUST The situation is common. A client has a will or trust prepared by legal counsel. Sometime later the client wishes to make changes to the estate plan. The question is, how should those changes be made? First, one should never hand write or type changes to the face of an existing will or trust. The cost of paying for a properly drafted and executed change to an existing estate plan document is far less than the amount that the beneficiaries and estate administrator would pay to separate legal counsel to determine the effect of the handwritten change. Any estate planning attorney could share experiences of negative effects on families caused by handwritten changes to estate planning documents. Although no one wants to create problems between beneficiaries of the estate, even small handwritten changes can create great problems. The question is always what should govern — the handwritten change or the original provision? The question is almost never clear and can almost always be argued either way. Additionally, there is almost always a question as to whose handwriting it really is. The legal formalities that exist with respect to executing estate planning documents and changes to those documents were developed to prevent the first person that finds the will or trust from changing the terms by penning or typing changes of their own to the document. The necessary formalities are not satisfied when handwritten or typed changes are made to the document. It is important to note that in almost all situations, one can, with proper assistance, effectively change an estate plan. Although some estate tax savings trusts (life insurance trusts, credit shelter trusts, etc.) are not amendable, most estate planning trusts are revocable, amendable trusts. Additionally, wills are almost always revocable and amendable. In conclusion, almost all estate planning instruments are amendable. Although the documents can be changed, it is almost never a good idea to change the documents by handwriting or typing the changes on the face of the document. Handwriting or typing on the face of the document will almost certainly lead to questions about the effect or validity of such changes. Such uncertainty will likely result in disputes between beneficiaries. These disputes can be both financially and emotionally draining. Jeffery J. McKenna is an attorney licensed in three states and serving clients in Utah, Nevada, and Arizona. He is a partner at the law firm of Barney, McKenna and Olmstead, with offices in St. George and Mesquite. He is a founding member of the Southern Utah Estate Planning Council. If you have questions or topics that you would like addressed in these articles please email him at jmckenna@barney-mckenna.com or call 435 628-1711. Catlid Idatinc, Errol - 435-275-8628 — embutah@gmail.com HISTORY OF HORROR/ FANTASY IN FILM: Count Dracula (most-often portrayed) has been in 162 films. The 1896 French short, Le Manoir Du Diable is two minutes long. The FIRST film based on Mary Shelly's Frankenstein was sixteen minutes long. Jamie Lee Curtis (great yogurt) was the lead in six horror films from 1978-1981, earning her the nickname, "The Scream Queen." 1972 saw the most horror films out of Hollywood: 189! Thirty seven Stephen King stories have been made into films. The wage for a zombie extra (1978) was $3.35 (adjusted for inflation). Friday the Thirteenth series (12 part) has grossed $380,637,525 thus the top horror franchise in history. The six-part SAW series has grossed $370,203,890. (The seventh of the series is being released Oct 29th) The top grosser of all time (horror) still remains JAWS with $470 million. The home used in the filming of POLTERGEIST, 4267 Roxbury St, Simi Valley, CA sold for $143,500 in 1979 (today's dollars: $431,247). Current estimated value: $573,500. I:EGAB~-Nj ,~TIC NOTICE A Title V permit application for the Ticaboo Electric Improvement District: Ticaboo Generation Facility source has been reviewed by the Utah Division of Air Quality and a draft permit has been prepared. This draft permit, with support documentation, is available for public review and comment. The Title V Operating Permits Program does not impose new substantive requirements on a source but does require that sources subject to the program obtain a renewable operating permit that clarifies, in a single document, which requirements apply to the source and assures the source's compliance with those requirements. Review of the draft permit and support documentation is available by appointment only, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday (excluding holidays) at the offices of the Division of Air Quality, 195 North 1950 West, Salt Lake City. To schedule an appointment during the comment period, please contact the Operating Permit section at 801-536-4000. The draft permit may also be viewed on the Internet at http://www.airquality.utah. gov/P erm its/Re port OPS Public Comment. htm. Written comments will be accepted until 5:00 p.m. 30 days from the publication date of this notice. Comments may also be sent by E-mail to wandes@utah.gov. Comments should reference the permit number and should be mailed or delivered to: Utah Division of Air Quality, 195 N 1950 W, P.O. Box 144820, Salt Lake City, UT 84114-4820 A public hearing may be held if a hearing is requested within 15 days of the publication of this notice and the request otherwise meets the requirements of Utah Code Annotated 63-46a-5(2)(b). Additional information: NAME AND ADDRESS OF PERMITTEE: Ticaboo Generation Facility, Ticaboo Town Site, PO Box 2111, Lake Powell UT 84533 Activity Involved in the Permit Action: This is a Title V initial application. Permit Number: #1700022001 Emissions Change: There are no emissions changes associated with this action. For further information please contact Mr. William Andes at the Division of Air Quality, 801-536-4481. Published in the Garfield County Insider October 14th, 2010. UPAXLP PUBLIC NOTICE Please take notice that the Garfield County Commission has scheduled a public hearing on Monday, October 25, 2010, at 1 :30 p.m. in the Garfield County Commission Chambers, located at 55 South Main Street, Panguitch, Utah, to receive public comment regarding the following: 1. Zone Change for the following description for change from Agriculture to Commercial. Wallace R. Yeater and Mary Beth Yeater. 1270 E. Hwy 89, Panguitch, Utah. Beginning at a point 725.20 feet North and 939.91 feet West from the South quarter corner of Section 27, Township 34 South, Range 5 West, Salt Lake Base and Meridian; thence West 194.19 feet; thence North 663.83 feet to a point of the Southerly right of way and limited access line ofa Highway known as Project No. RF-027-2(11); thence Southeasterly along said right of way line the following 2 courses; South 62°11' East 143.35 feet to a point 100 feet radially distant Southwesterly from the Centerline of said Project opposite Engineers Station 80+00; thence South 52°11 East 86 feet; thence South 543 feet, more or less, to the point of beginning. Published in the Garfield County Insider October 7th and October 14th, 2010. UPAXLP PANGUITCH CITY CITY COUNCIL POSITION Panguitch City has an opening for a city council person to fill a vacant position. Position will be filled at a regular city council meeting on October 26, 2010 at 6:30 p.m. Interested parties may submit a letter of interest and qualifications to Panguitch City, P.O. Box 75, 25 south 200 east, Panguitch, Utah 84759 by October 22, 2010 at 5:00 p.m. Interviews, if necessary, will take place on October 26, 2010 and will be conducted by the mayor and city council members. Minimum qualifications for this position include one-year residency immediately prior to this opening and be a registered voter in Panguitch City. Panguitch City is an equal opportunity employer Panguitch City reserves the right to accept or reject any or all applications. Published in the Garfield County Insider October 7th and October 14th, 2010. UPAXLP NOTICE A Notice of Intent for the Alton Coal Development, Coal Hollow Mine was submitted in accordance with §R307-401-1, Utah Administrative Code (UAC), has been received for consideration by the Executive Secretary, Utah Air Quality Board. The Division of Air Quality held a public hearing on October 6, 2010 in Panguitch, Utah, to take comments regarding this proposed project. As a request received during the hearing, the DAQ has extended the public comment period for this project. The completed engineering evaluation and air quality impact analysis showed that the proposed project meets the requirements of federal air quality regulations and the State air quality rules. The project proposal, estimate of the effect on local air quality and draft Approval Order are available for public inspection and comment at the Utah Division of Air Quality, 195 North 1950 West, Salt Lake City, UT 84114-4820. Written comments received by the Division at this same address on or before October 21, 2010 will be considered in making the final decision on the approval/disapproval of the proposed project. Email cornments will also be accepted at jlblack@utah.gov. Date of Notice: October 14, 2010 Published in the Garfield County Insider October 14th, 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 NOVEMBER 10, 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.) CHANGE APPLICATION(S) 61-2931(a36863): Ira Ronald Hatch, State of Utah Board of Water Recources, West Panguitch Irrigation and Reservoir Company propose(s) using 1.408 ac-ft. from groundwater (2 1/2 miles North of Panguitch) for IRRIGATION; STOCKWATERING; DOMESTIC. Kent L. Jones, P.E., STATE ENGINEER Published in The Garfield County Insider on OCTOBER 14 & 21, 2010 UPAXLP LEVY AND NOTICE OF SHERIFF'S SALE REAL PROPERTY IN THE SIXTH JUDICIAL DISTRICT COURT IN AND FOR GARFIELD COUNTY, STATE OF UTAH THE VILLAGE BANK, Plaintiff, v. DEAN JOHNS and JOANN S. JONES a/k/a JOANN JONES, individuals, Defendant. Notice of Sheriff's Sale - Case No. 090600050 Judge Marvin Bagley 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 27th day of October 2010 , at 10 o'clock of said day, all right, title and interest of said DEAN JOHNS and JOANN S. JONES , in and to that certain piece or parcel of real property situated in Garfield County, State of Utah, described as follows to-wit: PARCEL 1 (A-53-1) Beginning at a point which is South 566.26 feet and West 742.34 feet from the North quarter corner of Section 15, Township 31 South, Range 2 West, Salt Lake Base and Meridian; running thence South 175.63 feet; thence West 16.05 feet; thence South 46°09'41" West 72.56 feet; thence South 0°30'58" West 223.11 feet; thence South 67°29'07" West 201.84 feet; thence South 28°03'33" West 288.80 feet; thence South 88°33'05" West 161.01 feet; thence South 0°38'52" East 1320.75 feet; thence South 88°26'59" West 330.00 feet; thence North 1006.76 feet more or less to the Easterly Right of Way line of an existing road; thence along said Right of Way line as follows: North 24°49'08" East 380.70 feet more or less thence North 29°07'27" East 875.34 feet more or less to a point of an existing curve on the Southerly Right of Way line of Utah State Highway 22 whose center bears North 10°13'52" East; thence along said Southerly Right of Way line as follows: Southeasterly along the arc of said curve to the Left 77.02 feet through a central angel of 11°19'48"; thence North 88°54'04" East 206.16 feet to the point of beginning. EXCEPTING THEREFROM all oil, gas and/or other minerals in, on or under said land, together with the right of ingress and egress for the purpose of exploring and/or removing the same. PARCEL 2 (A-51) Beginning at the Northwest Corner of Section 15, Township 31 South, Range 2 West, Salt Lake Base and Meridian, running thence East 1311.285 feet; thence South 476.3 feet; thence East 214.5 feet; thence South 214.5 feet; thence West 150.0 feet, to the Westerly Right of Way of the Existing County Road; thence Southwesterly along said County Road Right of Way 812.37 feet; thence South 1245 feet, more or less, to the Quarter Section Line; thence West 20 feet; thence North 473 feet; thence North 59° West 345.18 feet; thence North 46° West 925.32 feet, more or less to the Section line; thence North 1390 feet to the point of beginning. EXCEPTING THEREFROM Beginning at a point located South 42.04 feet and West 1333.53 feet from the North Quarter Corner of Section 15, Township 31 South Range 2 West, Salt Lake Base and Meridian, which point is in a fence on the West right of way line of Highway 22, thence South 1°09'03" East along said right of way line and fence line 71.00 feet; thence South 87°46'06" West 191.39 feet, thence North 72.45 feet to a fence line; thence North 88°11'30" East along said fence line 189.92 feet to the point of beginning. EXCEPTING THEREFROM Beginning at a point located South 113.03 feet and West 1332.10 feet from the North Quarter Corner of Section 15, Township 31 South, Range 2 West, Salt Lake Base and Meridian; which point is in a fence on the West right of way line of Highway 22, thence South 1°18'50" East along said right of way line and fence line 63.89 feet; thence South 45°28'57" West 28.95 feet, thence South 89°03'26" West 77.75 feet; thence North 82°03'56" West 57.18 feet; thence North 62°04'40" West 42.67 feet; thence North 50.13 feet; thence North 87°46'06" East 191.39 feet to the point of beginning. EXCEPTING THEREFROM that portion lying within the boundaries of the State Road right of way. EXCEPTING THEREFROM that portion lying with the boundaries of the County Road right of way as disclosed in Book 300 at Page 385 as Entry No. 201552. EXCEPTING THEREFROM of all oil, gas and/or other minerals in, on or under said land, together with the right of ingress and egress for the purpose of exploring and/or removing the same. 65 'A shares of Coyote East Fork Irrigation Company stock that was pledged by the Defendants to the Plaintiff, including the 51 shares described in Cert. No.109, and the 14 1/2 shares described in Cert. No. 132. 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 October 7th, 14th, 21st, 2010. UPAXLP NOTICE TO CONTRACTORS Separate and sealed bids from qualified bidders for the Upgrade of Cannonville and Henrieville Diversions and Pipeline Protection at Mossy Cave will be received by Garfield County Public Works Department on or before 3:00P.M., Thursday, October 28th, 2010, at the Commission Chambers of the Garfield County Courthouse in Panguitch, Utah. They will then be publicly opened and read aloud. Garfield County is a tax-exempt local government and reserves the right to reject any or all bids. Contractors may obtain plans and specifications for a cost of $20 per copy from the Garfield County Public Works Department located at 55 South Main, Panguitch, UT 84759, phone (435) 676-1101. Prospective bidders may be required to demonstrate qualified status by documenting successful completion of similar type and size work and listing equipment and personnel to be used on the project. Demonstration of the bidder's qualified status shall be provided upon the County's request. Published in the Garfield County Insider October 14th, 21st, 2010. UPAXLP Douglas L. Neeley 63 South Main Ephraim UT 84627 Phone: 435-283-5055 Fax: 435-283-5057 E-mail: dneeleylaw@live.com AT TORNEY AT L AW Adoption • Divorce • DUI • Personal Injury • Criminal • Probate • Name Change • Wills Custody Guardinaship • Estate Planning • Family Law • Business Law/Contracts |