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Show i wiMJirr (SI! IN THE DISTRICT COURT OF BOX ELDER COUNTY, STATE OF UTAH 9th day of November, between al., Plaintiffs,' vs. SUGAR CO., et al., Defendants. NOTICE OF PENDENCY OF ACTION Civil No. 1960, Utah-Idah- o Sugar Company (hereinafter called the Company), and Robert M. Brough, Tremonton No. 1 of the County of Box Elder State of Utah, (hereinafter called the Consumer), Witnesseth: That in consideration of Cancellation of Water Contracts 2263, 888 & 2720 Dollars, to be paid by the consumer. ..to the Company as hereinafter specified, and in further consideration of the covenants and agreements of this contract, the parties hereto mutually promise, covenant, and agree to and with each other as follows, DOUGLAS N. HOLMGREN, et UTAH-IDAH- ? PTrumr 299193 TO: t: The Company, subject to the persons having a contract in Sugar writing with Utah-Idah- o Company or Bear River Canal Company worded in the terms of Exhibit A attached hereto, modified only as to annual assessment or rental which will include such contracts providing either $1.00, $1.50, $2.00, $3.00 or $4.00 as such annual asssessment or rental. terms and conditions herein set All forth and mentioned, agrees to convey through its canals and laterals water for the irrigation of, and for culinary and domestic consumption on, the following described tract. ..of land situated in the County of Box Elder, State of Utah, t: (LEGAL PROPERTY DESCRIPTION) You are hereby advised, pursuant to Order of the above The parties hereto mutually Court dated August 25, 1975, of promise and agree to and with the pendency of the above aceach other that they and their tion which was commenced on respective heirs, representatOctober 28, 1974, against defensuccessors, and assigns ives, Utah-Idah- o dants, will faithfully observe and be Sugar Company and Bear River Canal bound by all and singular the Company, for determination of terms, conditions, and coventhe validity of annual water ants, hereof and of that certain assessments in excess of the resolution of the Board of Direcfixed annual amounts in the tors of the said Cpmpany rerespective water contracts of specting the sale of water-rightthe plaintiffs with said defendduly passed on the 16th ants in excess of the stated day of January, 1903, and recontract amounts if the excescorded on the 20th day of sive assessments are held to be January, 1903, at page 525 of invalid. Book C of Water, of the records Plaintiffs have filed this acof said County of Box Elder, as tion on their own behalf and as a amended by a resolution of said class action on behalf of all such Board of Directors duly passed contract holders similarly situon the 28th day of December, ated. 1903, and recorded on the 29th Notice is hereby given purday of December, 1903, at page suant to the provisions of Rule 20 of Book D of Water of said 23(c)2 of the Utah Rules of Civil records, which said resolution Procedure that: amended as aforesaid is hereby 1. The Court will exclude you referred to and in all respects from the class if you request made a part of this contract, exclusion in writing on or before except as to the price per acre the 25th day of October, 1975. of a perpetual water-righ- t Persons who request exclusion which is hereby mutually will not be entitled to share in agreed and understood to be the benefits of the judgment if it $ is favorable to the plaintiffs, Paragraph 2 of the aforesaid and will not be bound by the resolution of January 16th, 1903, judgment rendered in this case shall not be construed as exif it is adverse to the plaintiffs. tending to the Consumer the Requests for exclusion should right to the use of more water be sent to the Clerk of the than shall be necessary for the District Court of Box Elder irrigation of, and for culinary County, Brigham City, Utah. A and domestic consumption on, form for this purpose is availthe lands described in the Coable at the office of the Clerk of nsumers contract. the District Court of Box Elder The word leakage, as emCounty, Brigham City, Utah. ployed in paragraph 13 of the 2. The final judgment entered said resolution of January 16th, in this case will include, and will 1903, shall be construed to inbe binding upon, all members of clude seepage, and the said the class who do not request paragraph to exempt the Comexclusion whether or not the pany from all losses or damage judgment is favorable to plaintithe lands mentioned in the ffs. The judgment will apply to upon said paragraph 13, caused by all who the Court ultimately seepage, leakage, or overflow finds to be members of the from the Companys canals, class. or laterals. ditches, 3. If you do not request The consumer... further if you agree... to pay the Company the exclusion, you may, desire, enter an appearance deferred payments hereinafter through counsel of your own set forth on or before the dates choosing. The plantiffs are rerespectively mentioned with inpresented by Elliott Lee Pratt terest as provided in the resoluof Clyde and Pratt, 351 South tion hereinbefore first mentionState Street, Salt Lake City, ed are 84111. The defendants Utah represented by Wilford M. Burton of McKay, Burton, & Thurman, 500 Kenne-cot- t Building, Salt Lake City, Uah 84133. If you do not request exclusion, and you do not enter an" appearance through counsel of your own choosing, the above-namecounsel for plaintiffs will represent your interest in this case. DATED this 10th day of ' H t: NOTICE TO CREDITORS Estate of Harry Bloom, Deceased Creditors will present claims with vouchers to the undersigned at 622 East 1st North, Brigham City, Utah 84302 on or before the 12th day of December a.d., 1975. Claims must be presented in accordance with the UCA provisions of Sec. 1953, and with proper verification as required therein. Delless Bloom executrix of the estate of Harrv Bloom Deceased Date of first publication Sept- ember 11, A.D. 1975 Mann, Hadfield & Thorne, attorneys for executrix Oct. Sept. Estate of Russell Hunsaker, aka Russell V. Hunsaker, Deceased Creditors will present claims with voucher to the undersigned at Honeyville, Utah on or before the 30th day of December A.D., 1975. Claims must be presented in accordance with the proviUCA 1953, sions of Sec. and with proper verification as required therein. Venna P. Hunsaker Administratrix of the Estate of Russell Hunsaker Deceased Date of first publication September 25, A.D., 1975. Sherma Hansen Attorney for Administratrix 25 Oct. Estate of Martin Carlysle Gilbert, aka M. Carlysle Gilbert, Deceased Creditors will present claims with vouchers to the undersigned at 35 North 1st West (P.O. Box 718) Brigham City, Utah 84302 on or before the 30th day of December A.D., 1975. Claims must be presented in accordance with the provisions of Sec. UCA 1953, and with proper verification as required therein. Walter B. Fridal Administrator of the Estate of M. Carlysle Gilbert Deceased Date of first publication September 25, A.D., 1975. Sherma Hansen Attorney for Administrator Sept. t. LEGAL NOTICE Attention Corinne Pheasant Association, Hunters and to whom it may concern: Property formerly owned by Henry Fredrickson in West Corinne, Utah is hereby removed from the Corinne Pheasant Association. This property is located to the north east of the Sootie Yamasaki farm, to the south east of the Glen Roche farm and west of Chesapeake Duck Club property. No Trespassing signs will be properly displayed and violators will be prosecuted. s: Ronald R. Nelson, Owner Roy, L. Nelson, Owner Sept. 5 21-2- Sept-emb- BY THE COURT: Honorable Calvin Gould District Judge EXHIBIT Annual assessments as follows: $1.00 per acre. Signed in duplicate the day and year first above written. Vice Robert SUGAR COMPANY . WATER CONTRACT NO. 3635 By T. W. Cockayne THIS AGREEMENT, made this President M. Brough Robert M. Brough Consumer A UTAH-IDAH- Signed and delivered in the presence of HARRY DREW ACKNOWLEDGMENT COMPANY OF State of Utah, County of Salt Lake ss. On the 17th day of November, A.D. 1960, personally appeared before me T. W. Cockayne, who being by me duly sworn did say, that he is the Vice President of Utah-Idah- o Sugar Company and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors; and said T. W. Cockayne acknowledged to me said corporation executed the same. Saraessa Holm, Notary Public My commission expires on me 8th day of March A.D. 1963. ACKNOWLEDGMENT CONSUMER v3we ,V' NOTICE Notice is hereby given that the County Council on Aging will accept applications for a part-tim- e Director. Applications must be into the County Commissioners office on or before 5:00 P.M. Wednesday, Oct. 8, 1975. COM- Clerk-Audit- Sept. ORDINANCE AN Depot Ogden, retiring in 1970. He was an elder in the Brigham City Fourth LDS ward. He formerly served in the NO. 407 ORDINANCE REGULATING PARKING OF MOTOR VEHICLES IN THE CITY OWNED AREA AROUND AND NEAR THE BRIGHAM elders quorum presidency and had been a home teacher. Surviving are his widow of Brigham City; two sons and one daughter, Mervyn L. Speth, Logan: Gerald L. Speth, Indianapolis, Ind.; Gayla S. Jensen, Salt Lake City; 11 grandchildren; two Also surviving are the following brothers and sisters: George Speth, Jr., Carl Speth, Arnold Speth, Mrs. Oscar (Louise) George, Mrs. Fred (Emille) Friedli, all of Logan; Owen A. Speth, Providence; Mrs. Frank (Lillie) Reader, Blackfoot, Idaho; Mrs. Vernon (Mary) Lund, Roseville, Calif.; Mrs. Reed (Bertha) Jessop, Nibley, Utah; Mrs. Harold (Augusta) Shaw, Ogden. Funeral services were held FunWednesday at Olsen-Fel- t eral chapel in Brigham City. Interment was in Providence cemetery. CITY HALL: BY THE BE IT ORDAINED CITY COUNCIL OF BRIGHAM OF BOX CITY, COUNTY ELDER, SATE OF UTAH: Section Regulations, 132. Parking Brigham City Parking Lot. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name, or operated or controlled by him to be or remain in any parking space within the City owned parking lot located adjacent to the Brigham City Hall except and in compliance with the following: (a) Beginning at the West Entrance on Main Street the first eleven designated parking areas on the extreme Northwest portion of said parking lot shall be reserved on week days from the hours of 8:00 a.m. to 5:00 p.m. for public parking of not to exceed 2 hours duration. (b) The next three parking spaces being immediately East of those covered in (a) above, shall be exclusively reserved at all times for Brigham City Police Vehicle Parking. (c) The remainder of the parking areas located along the North boundary of said parking lot shall be reserved on week days between the hours of 8:00 o'clock a.m. and 5:00 p.m. for Brigham City Officers and Employees. (d) That portion of the parking area from the Main Street Entrance thereto, being the Southwest portion, shall be reserved during week days from the hours of 8:00 a.m. to 5:00 p.m. in sequence from West to East, one parking stall for Brigham City Mayor, one parking stall for physically handicapped persons, eight parking stalls limited PUBLIC NOTICE The application of Ray P, Day whose address is 988 Englewood Drive for a building variance to property located at 988 Englewood Drive has been relative given Board of Zoning Adjustment case number 292 and has been scheduled for hearing on October8, 1975 at 5:30 oclock P.M. in the City Council room. The applicant and other interested parties wishing to be heard are requested to be present at that time. BOARD OF ZONING JUSTMENT S. G. Loveland Secretary AD- Sept. 25 Fredrick W. Speth CARD OF THANKS We wish, at this time, to express our sincere thanks and appreciation to all our friends, neighbors, and relatives for their kind help and comfort in the loss of our precious little boy, Lane. And also to the 5th and 2nd Ward Relief society, 5th Ward bishopric, and to all those kind enough to participate in the beautiful services. Mrs. Erma Howard Christensen, 68, of 336 South Third East, Brigham City, died Monday, Sept. 22, 1975, at her home after a short illness. She was born Jan. 25, 1907, in Chester, Idaho, a daughter of John Lester and Marion Matilda Bird Howard. She was married to L.F. Dell Christensen on Feb. 6, 1923, in Idaho Falls, Idaho. The marriage was later solemnized in the Salt Lake City LDS temple. Mr. Christensen died April 16, 1975. She and her husband had owned and operated the Modern Cleaners in Brigham City prior to their retirement. She was an active member of the LDS church. Surviving are one son and four daughters, Robert E. Chris Christensen, Brigham City; Mrs. Lars (Clea) Buist, Brigham City; Mrs. Richard (Clayta) Forsgren, Mrs. John (Eileen) Kerchisnik, Rock Springs, Wyo.; Mrs. Van (Vola) Lowe, San Dimas, Calif.; 17 grandchildren; 18 Also surviving are three brothers and five sisters. Fay Howard, Salt Lake City; William Howard, Saint Helens, Ore.; Verrell Howard, Emmett, Idaho; Mrs. Eva Douglas, Saint Helens, Ore.; Mrs. Elva Lorenzo, Woodburn, Ore.; Mrs. Donna Cherry. San Jose, Calif.; Erma H. Christensen Mrs. Pearl Hammond, Oak Harbor, Wash.; Mrs. Fern Cheney, Bremerton, Wash. Funeral services will be held today (Thursday) at 1 p.m. at Petersen Funeral chapel with Bishop Tommy Rasmussen Friends may call at Petersen Funeral chapel prior to services. Burial will be in Brigham City cemetery. Shelby, Debbie and Mindy Whitaker CARD OF THANKS To those who by their acts of kindness expressed their sympathy and friendship at the time of the death of our beloved mother and grandmother Pearl Woodyatt we wish to express heartfelt thanks. We wish especially to thank the Willard First Ward bishopric, the Willard First Ward Relief society and the Brigham City First Ward Relief society, our friends, and all others who associated in any way. Man 'fair' following motorcycle mishap Gary Sorensen of North llard was hospitalized at Anxious? don't know the meaning of the word anxiety unless you're a sports car owner surrounded entirely by dogs The way things You are going you feel like a fool calendar. And buying a five-yea- r everybody has problems but the guy next door, he's like a Freudian Smorgasbord. e hospital Tuesday evening when he struck a mail box and utility pole south of Perry. for traveling too fast for conditions. Passengers Tonja Diderick-se- n and Wendy Christensen also escaped harm, said the trooper. Trooper Jed Gilmore of the Utah Highway Patrol said investigation is continuing. ATCAIA? condition Wednesday at the ABlfcD StoOfr A hospital. SOMfr TO Mr. and Mrs. Glen Woodyatt and family Mr. and Mrs. Dee Smith and family Mr. and Mrs. Ray Reese and family Wi- McKay-De- Sorensen was listed A in fair unhurt when he rolled his vehicle on a dirt road northeast of Fielding. Thomas S. Thorpe Jr. was cited for traveling too fast for conditions by Gilmore in the 7:30 a.m. mishap Saturday. On Sunday, Gilmore investiaccident in gated a one-ca- r Thatcher. 15 rwE, North Ogden man was Camp is so important to crippled youngsters. We UTAH 4JH68 Driver was Susan Petersen, of Tremonton. She was cited know. helps the handicapped 365 days every year! Send your gift to the FREE EASTER SEAL SOCIETY So. State Murray, Utah HOME 1 HIGHWAY SAFETY CHECKLISTS to for not to exceed 15 parking minutes duration. (e) The next four stalls being immediately East of those covered in (d) above shall be exclusively reserved at all times for Brigham City Police and Emergency Vehicles. (f) All parking of vehicles shall be within designated and lined parking stalls so that traffic lanes are not obstructed. (g) Except as hereinabove restricted the parking lot around the City Hall shall be open to public parking. (h) Signs, denoting the foregoing parking restrictions shall be painted, posted or otherwise displayed at or near all restricted parking areas. (i) Penalty for violations. Any persons violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon con- viction Erma H. Christensen Fredrick Wilhelm Speth, 75, 145 North Second East, Brigham City, died Saturday, Sept. 20, 1975, at Cooley Memorial hospital. He was born May 3, 1900 in College Ward, Utah, a son of George Wilhelm and Louise Maria Aikele Speth. He married Elizabeth LaVern Nuttall on Jan. 14, 1920 in the Salt Lake LDS temple. He was educated in College Ward where he later purchased a farm. He lived in College Ward and Young Ward, Utah, for 47 years and moved to Brigham City in 1947. He was employed at Defense Further information regarding this position may be obtained from the Secretary for the County Commissioners. K.B. Olsen, Obituaries of zens are welcome. 21 Thursday, September 25, 1975 Speth citi- Applications from senior BOX ELDER JOURNAL, Brigham City, Utah Fredrick W. t: NOTICE TO CREDITORS ia5. Calvin Gould 3 r Section 1: There is hereby enacted, passed and approved an Ordinance to be known as Section 132 of the Brigham City Traffic Code as follows, d -- s- ST BOX ELDER COUNTY MISSIONERS y , NOTJ 2 NOTICE TO CREDITORS Sept. F ipw thereof shall Dim flfo uma ews be punished by a fine in any sum less than $300.00 or by imprisonment in the City Jail for not to exceed six months or by both such fine or imprisonment. FULL Section 2: This Ordinance shall take effect 30 days after its adoption. PASSED, ADOPTED AND ORDERED published by the City Council of Brigham City, Utah, this 18 day of September, CVE RA 1975. BRIGHAM CITY CORPORATION By Harold B. Felt Mayor Biroer ATTEST: S. G. Loveland City Recorder Sept. OF JUI L ini E 25 State of Utah, ss. County of Box Elder On the 9th day of November, A.D. 1960, personally appeared before me Robert M. Brough, cosigner... of the above instrument, who duly acknowledged to me that he executed same. the Harry Drew, Notary Public STRAIGHT PROOF KENTUCKY THE JAMES B BEAM BOURBON WHISKEY DISTILLED DISTllLING CO., CLERMONT, AN0'BOTTLED BEAM. KENTUCKY BY My commission expires on the 21 Day of March, A.D. 1963. Takeg . stock . lnmenca. 200 years at the same location- in Thursday's Journal Results in Sunday's News Pregame - . . . J |