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Show Aft Obituaries 1)2 Opinions 1)4 Residents turn out for zoning hearing current By JOSEPHINE ZIMMERMAN Herald Staff Writer PAYSON A large delegation of West Mountain residents attended Wednesday night's public hearing on proposed changes to the Utah County master plan to oppose any change. Approximately 100 people attended the public hearing, the third of three conducted by Utah County commissioners. At an earlier hearing, several residents of the West Mountain area told commissioners they wanted the area changed from Agnculture-- 1 to Rural Residential-- 5 zone. The zone requires 40 l acres for a building permit, while the RR-- 5 zone allows building on five acres, or subdividing down to 10,000 square foot lots. Wednesday night's group voiced strong opposition to having their West Mountain property rezoned. On Tuesday night, a sparsely-attende- d hearing was conducted in American Fork, where several rural property owners said they favored having their property rezoned for smaller lots. In both hearings, residents expressed their opposition to having small-lo- t subdivisions in their areas, saying they preferred the rural lifestyle. Jess Green, senior member of the American Fork Planning Commis-sosaid his city's planning commission, mayor and all council members unanimously endorsed a resolution opposing the master plan changes. He said the proposed changes are out of harmony with the municipal master plans and policy declarations for future annexations by cities. Green also emphasized that septic A-- n, state-mandat- on the scale proposed would pollute the underground wa- systems ter systems, cause more air pollu- tion, and result in double taxation of city residents because the plan would shift a greater portion of service costs to them. Several people in attendance at American Fork told commissioners they want to build homes on parcels of land in the unincorporated area that are smaller than the 40 acres required in the A- zone. Steve Olsen, Palmyra, said the -l zoning, in his case, hurts agriculture because he must live in town and try to farm land he has in the rural area. He said he could use the land more intensively if he were allowed to build on it. Marvin Gray said his family has a farm southwest of Iehi, and several family members would like to build on it. He said he could afford 10 acres, but not 40. Three residents ot the Lakeview area west of Orem asked commissioners to leave their property out of the rezoning. They were Adele Leavitt, Edith Clinger and Elaine Scofield. The said the land there has a high water table, making it poor for septic tanks. Furthermore, the residents there have problems getting adequate well water for their uses. At the Payson hearing, several residents, including Steve Farr, James Coyle, Martin Clinger, and Wayne Bushman, all cited serious ground water problems in the West Mountain area that would make the land unsuitable for home building. Several residents of the south county area said they wanted more zone to flexibility in the allow them to do more with their land, but they opposed the five-acr- e zone and were adamantly opposed to subdivisions. Scott Holbrook, Lehi, said he is a e farmer northwest of Lehi and in Cedar Valley, and he gets nervous when he sees people "crowding us out." He said people move out into the rural areas then object to farming practices, such as the odor of animals. Holbrook said that jumping from 40 acres down to five is "a larger jump than necessary." Clyde Rasmussen, Lehi, said he could not see any reason why an individual couldn't build on one acre "as long as he builds a respectable home." At Payson, Julie Sainsbury, West Mountain, asked the commisson to allow "greater freedom in what we can do with our land." She said she favors the RR-- 5 zone. Steven Stone, south Utah County, zone is illegal, and said the he advocated a five-acr- e zone for the entire unincorporated areas. 120-ac- re 40-ac- full-tim- e Wood given life in jail - A 4th District PROVO (AP) Court jury has determined Lance Conway Wood will be sentenced to life imprisonment for the 1988 torture-murder of a Delta man. The 12 jurors retired to decide Wood's fate at 6:10 p.m. Wednesday after hearing pleas for mercy from the defense attorney and emotional testimony from his mother which had nearly half the panel wiping away tears. It returned its decision at 9:40 p.m. and sentencing was set for 10 a.m. Thursday following motions. Wood, 21, was convicted by the same jury last Saturday of murder, aggravated sexual assault and aggravated kidnapping in the slaving of Gordon Ray Church. 28. A Michael Anthony Archuleta, was found guilty of capital homicide in December and was sentenced to death. Millard County Attorney Warren Peterson and defense attorney Marcus Taylor felt age mayhave been the major factor in the jury's deciding against the death penalty. "The age of the defendant compared to Archuleta has to be a factor," Peterson said. "That's one of the mitigating circumstances that would have been a significant difference between the cases." thought there was ample evidence regarding the mitigating cir first-degr- i cumstances to justify a vote for life, particularly the youth of the defendant," Taylor said. "That was the strongest mitigating factor by far far stronger than any of the others. "You also have the other factor and that was there was a relationship between Wood and Archuleta and Archuleta was the dominating partner in that duo," he said. One motion Judge Boyd L. Park will consider Thursday is Taylor's request to consolidate the murder, aggravated sexual assault and aggravated kidnapping charges, which could affect how soon Wood could be paroled. Minimum sentences are set for some crimes, although the state's constitution vests the decision on parole with the state Pardons Board. "Parole is a possibility under the current statute, that's why Utah should have a life sentence without parole alternative," Peterson said. "This particular case was one where that would be an option." The 1990 Legislature rejected a bill that would have allowed the jury the option of having the defendant sentenced to life imprisonment without the possibility of parole. Both proponents and opponents of the bill felt it would result in fewer death sentences. Rugs st0'en from church CRIMINAL INCIDENT A Call 811 If you live between 800 North and 1399 North in Provo, law enforcement officials would like you to call test number 811 on Friday to test the enhanced 911 telephone system. The test is for Provo residents only. Only those people living in the designated area are to call on specific days. Calls should be made between 9 a.m. and 7 p.m. The Herald will list each day which areas should call the 811 number on the following day. spokesman. D, Editor's note: This is the second in a three-pa- rt series on boundary problems in Utah County. By JOSEPHINE ZIMMERMAN Herald Staff Writer Boundary problems exist everywhere, according to Nina B. Reid, Utah County recorder. Reid said boundary problems are the result of two factors: old surveys and poor surveys. "My office can't arbitrarily correct a boundary problem. Everything we do must go by title," she explained. In other words, the parties to a boundary dispute must resolve their differences before the plat maps in the County Recorder's Office can be corrected. This can be done in one of several ways: The parties can grant quit claim deeds to the disputed properties, and those quit claim deeds can be filed to become the official record. A surveyor can survey the properties, and the parties can reach an agreement on the actual boundary line. This agreement can be treated like a quit claim deed at the recorder's office. The parties can take their disagreement to court and have a judge decide on the boundary line. Reid said in Utah's early days, property was divided by sections, a section being one square mile. The old methods of measuring, however, (usually by chains) were not always accurate, so today there are few sections that are exactly one mile square. Some are oversized and some are undersized, she said. Today laser equipment is used to make surveys, and this equipment is far more accurate. "If you begin on one side of an section to mark it off in quarter sections, or building lots, you may find problems when you get to the opposite side," she explained. "You may find a gap on an over-size- d section, or you may find you are overlapping onto the next property with an undersized section." old She said she has found some surveys descriptions that start at the center of a section, but "there is no way you can survey from the center of a section." Several years ago her office began a remapping project, but the project is threatened by county budget cuts. This project, she said, is designed to give the public and title people knowledge of what has to be done to resolve some of the boundary problems. As far as surveying is concerned, Reid said Utah County has a monumentation system that is second to none in the country. This system is the legacy of LaVern D. Green, former county Air Force By MYRNA TRAUNTY EIN Herald Correspondent NEPHI The Air Force will conduct a public meeting at 7 p.m. April 18 at the Juab County Center, 160 N. Main, Nephi to discuss siting plans for a ground wave emergency network tower to be situated near - Nephi. Juab County's three commissioners hope area residents will turn out for the information meeting although, they said, they all recognize the meeting is not a public hearing. A mile site search area has been identified by the Air Force. According to information supplied by the Air Force, towns re Herald Correspondent SPANISH FORK J. Wayne Nelson announced his retirement Wednesday night at monthly school board meeting after serving as superintendent of Nebo School District for 12 years. The announcement came as a surprise to those in attendance as well as to the board. Nelson told the board that after consulting with - No charges have been filed. The window was valued at $100. Two Persian RUG THEFT rugs were reportedly stolen from an LDS Church sometime early Wednesday morning. The theft occurred at the Provo Sharon East Stake Center, 1060 E. 2400 North. The rugs were sewn together and were on the floor in a foyer, said a police spokesman. The rugs are valued at $3,000. The thiefs reportedly entered the church through unlocked windows on the south side of the building, the spokesman said. A portable AUTO BURGLARY phone was reported stolen from an unlocked car parked in front of a Provo home Monday afternoon. The Motorola handheld phone was sitting on the front seat of the car, parked in the area of 1184 E. Ash Ave. There was no damage to the car. The phone is valued at $710, said a police spokesman. - r. im surveys create boundary disputes By LEANN MOODY Police beat said a police Old M.nth Herald Photo Trent Nelson County Recorder Nina Reid and Randall Covington review plat maps in the recorder's office. surveyor, now deceased. He established a state coordinating system with survey points and monuments throughout the county that now make accurate surveying possible. As her office prepares new plat maps to reflect changes that have been made in the ownership plats, the various cities obtain copies. However, cities do not required proof of accurate proper- ty boundaries before granting building permits. "They generally depend on the banks and lending institutions to require accurate plats," she said. The cities require subdivision plats, but they are usually more concerned about the perimeter boundaries than the boundaries of individual lots within the subdivisions, she said. If a bank is involved in a property acquisition, the bank will require a title report. The title company will check the plat maps and notify the bank or property owner of any problems that must be resolved before true title can be established. One individual who wanted to sell a parcel of property that had been in his family for many years found the survey and plat maps were so far apart that the road which was actually 80 feet from his home was shown as running directly through his front porch. He had to obtain quit claim deeds from property owners on all sides in order to clear the title. "Unfortunately, too many peo- ple buy property without really knowing what they are buying." She advises anyone who con- templates buying a parcel of property to get a title report first before paying any money. She also recommends that people who do own property make sure they have clear title to what they think they own. "Too many people find they don't own as much as they thought. Perhaps a small strip along the front of their property will be sold at tax sale, and they find they don't have access to their property." "It's better to be sure than to run into unexpected problems down the road," she said. to discuss proposed tower site an approximate nine-mil- e radius of Nephi fall within the site search area and could be considered as a location for the emergency network tower. The siting process is part of a plan to locate 40 towers to complete the final phase of a nationwide network. Juab County commissioners met with Rex Rowley, representing the Bureau of Land Management, who told commissioners he was unaware of the project. "This is not a public hearing but is a public information meeting," said Juab County Commissioner, Richard Brough. The tower has nothing to do with the proposed within electronic battlefield which is no longer being considered for Juab County's West Desert, said Brough. "There is no reason to be upset other than the Air Force has not conducted a public hearing anywhere in the vicinity." The final environmental impact statement, dated in September 1987, had comments from citizens mostly in the East, but raised similar complaints the Air Force met when they proposed to build an electronic battlefield. A number questioned the site selection process. Once the tower is built, said Brough, it will belong to the Air Force and will not provide the e, county with property taxes. "This is an excellent opportunity for people with questions on (the tower ) and our siting process to get the answers they need," said Lt. Col. Stephen Martin, program manager, in a press release. "We hope everyone will take advantage of this meeting." The tower network is an unmanned and automated data system which relays emergency and wartime messages among national command authorities, strategic military facilities and command posts and Strategic Air Command bases. towers will be built The on 11 acres and will be located at 150- - to intervals. 299-fo- ot 200-mi- le Nebo superintendent announces resignation Fair view man allegedly shattered a window at a Provo credit union during a heated discussion with an employee there. man was at the The East Bay' Credit Union, 920 S. 113 West, Tuesday about 3 p.m. and was upset because his mother's car had been repossessed. The man said his elbow accidentally broke the window he was leaning against, Thursd.iv Local Also in this section: his family, he believed it was the appropriate time to retire. The retirement is effective June 30. The district will accept applications for the position until April 2. Nelson has been with the district for 34 years as a teacher, principal, district director of special services and coordinator of instruction before becoming superintendent. He has served as the president of Utah Society of Superintendents. Nelson told the board "our disis known as one of the financially poorer districts in the state but we are immeasureably rich in the area of human resources and in trict the quality of dedication and loyalty of individuals." The board indicated they were reluctant to see Nelson retire and appreciated his years of service. He currently serves as command sergeant major of I Corps Artillery in the Utah Artmy National Guard. His has been a member of the Utah Commission on Educational Excellence. Also active with the state junior livestock show and several other community boards and service organizations. His is a graduate of Spanish Fork High School and received his master's of education and doctorate of education degrees Young University. from Brigham Surprise storm helps, but snowpack still low surprise storm moved into the of Salt Lake City Wednesday night, bringing more welcome moisture, according to David James, Provo weather observer. "We weren't expecting much from the storm," James said. "But the storm developed right on top of us from Salt Iake County south, dropping snow on the areas missed by the last storm." Measurements out of the storm were: Alpine, 4 inches; Pleasant Grove, 4 inches; American Fork, 2 A area south inches; Orem, 2 inches; Provo, 3 inches; Springville, 2 inches; and Payson, 2 inches. Other measurements were: Alta, 11 inches; Scofield, 6 inches; Brighton, 6 inches; Holladay, 4 inches; Tooele, 2 inches; Delta, 2 inches, and Richfield, 2 inches. James said the storm carried the h to one-haequivalent of an inch of water to the valleys. He predicted the storm will 1? sendfollowed by a rapid warm-up- , ing temperatures into the 60s in the valleys Saturday and Sunday. An one-fourt- lf other weak disturbance could come through Monday. According to an Associated Press report, with only one month left to build mountain snowpacks, Utah's water supply is below normal for this time of year. John Warner of the U.o. Soil Conservation Service told the Utah Safe Drinking Water Committee meeting in St. George that the chances of significantly boosting the snowpack "probably aren't too good." Warner said the Bear River system received 97 percent of average snowfall during February, but to come out with an average water supply on April 1, snowfall during March would have to be 255 percent of normal. The Wasatch Front had 77 percent of its normal snowfall during February, up from 69 percent in January. Snow measured on the north and south slopes of the Uinta Range amounted to 79 percent of average. |
