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Show TUESDAY, APRIL 27, 1971 THE DAILY Trust Deeds 682 457 Ditto 460 Gerald L Soranaon at ax to Ut Mtge In See Title; $22000. 653 E Fklroaks Way, Sandy 461 at ax Gary Van Bcelmburg $15100. 688 $15000. 4931 Maniloa Dr, to PFS; 690 SLODanty 464 01 in Lee Pri eater etux to HOna 692 Bm Sax; $16000. 10B0 Violet Qt, Sandy 4?4 Jama atox to ftwston W Mir M Lewis; $8166.74 5340 Cttimd Lane, ale Kay 482 496 lat Th 695 Xpiaelo Otplna etux to lat See St Bk Pioneer Title Ina; $22100. 18?2 Westminster Are, alo 703 Alain L Wilkinson etux to Henry L Tigerino etux Kirton A MeCbnkie; 708 511 J Wltbeok etux to Wdm Mtge MoGhle Land Title; $16550. 2827 Haialnot Dr, slo 513 720 Ditto; $16000. 724 Chris D Grahan etux to See Title; $11850. 4331 W 5780 So, Kearns $25000. 4947 So 925 553 747 Greaves etux to 1st Fad sle See Chris 559 Oanette C 580 767 769 773 Raymnd Nevbold etux to Valley Bk;,$4000. 2220 E Clayboame, sle Ronald J Dailey etux to Valley Arrly 847 $13000. 8030 So, W Jordan Nielson etux to $650.88 Gram Str, Moral Tost 851 8501 A Mur 1st Miohael Th 815 649 D Davey Wstm St Richard B Th Kay Tamest etux to 1444 E 35OO Ditto 860 Eq 861 CLa ranee B etux to Bk WE CONCUR: See An Sav A E. R. Callister, 678 Christansan to Mur 1st Chief Justice So, slo R. L. Tuckett, Justice Ine to Zions 1st Nat; $6000. 504 An Oil Bldg, slo F. Henri Henriod, Justice Buteher etux to The 882 Brookbank etux to 1st Fed Sav; $33000. 3274 Qievy Chase Dr, ale L A. H. Ellett, Justice H Robert G Davis etux to 1st See Bk Title; $22000. 1614 Lorean Ct, sle 889 Mark T Miller Aix to Lookhart Th Wstm St Title; $12188. 8621 Ml Majestie Rd, Sandy beneficiary's rights under a contract it must 17 Am.Jur.2d, Contracts, clearly appear that the parties so intended, see Sec. 304, and authorities therein cited; and see Swinghammer v. Alexander, 21 Utah 2d 418, 466 P.2d 414; Southern California Acoustics Co. v. C. V. 1. Seo bgna Jr., Cbnt Ek; $9000. 788 No Main Str, Mdvl Valley Lewis; $14089.68 1700 So, sle M W 858 etux to Loekhart Albert J Lontansoek etux to The Loekhart Cb Wstm St Title; $3145. Madolln F sle 0 Thayne Aoord In; $17700. SLC 670 sle 856 $35000. $2124.36 title; Mur 8671 Helen Dr, A Say Insofar as the contract relates to the issues raised by the plaintiff it is clear and operable as appears to have been intended by the parties and ' in accordance with the ordinary and accepted meaning of the words used, and we do not see in it any such ambiguity or uncertainty as to permit the The dismisintroduction of extraneous evidence as urged by the plaintiff. defendant (respondent). sal of the complaint is sustained. Costs to PFS; $19600. Ek; $35000. 658 to St Speek Oonst to 1st See Title; $12000. 2587 Cavalier Dr, slo 4500 So, E sle 855 1900 PFS; SLCbunty 646 sle Martin etux to The Oont A 1549 Haalan Or, The Oont SL Cbunty to Sar; From a consideration of those two clauses in connection with the contract as a whole, it is obvious that the costs set out therein were an agreement between the City and the Road Commission relating to covering the expenses of the water and sewer lines between themselves, and there is nothing therein shown expressing an intent that it was to benefit the- plaintiff or other users which the by fixing their connection fees. There is therefore no basis upon beneficiary under that contract. plaintiff can assert rights as a third-part- y o had the effect of conintended were contract the As a matter of fact, if ferring a special advantage upon the plaintiff by allowing him connections for less than provided by the general ordinance, it would be void and unen2 forceable in that tegard. - Sorensen Oonst Ek: $22500. etux to Zions 1st Nat Fred Koeh etux H 853 John sle Ivison etux to Neil 2965 So 2700 E, Th Kingshill Dr, Sandy Wayne Fed Paul T BaNbrough etux to 1st Fed In; $29300. $2965.20 Bk; to 1st Sav; $19000. 4876 Woodhaven Dr, Mtge MeGhie Henan J Wynhof etux to H sle SLCbunty Title; L etux to Zions 1st Nat? 843 Drayne L Walker etux to PFS; $5000. Holt etux to An Hat Bk; W Good $21000. 7880 Titian Way, Elaine Dr, sle Bntfl Bldg to Wdm 3OO7 637 H Th Wstm 830 Mavor Gatehouse W Don L Bk; 629 5. Connections to the sewer line by ten (10) private individuals will be authorized at the rate of $176.25 per building unit, payable in advance for each connection. Obmell etux to The LoekSt Title; $6516. 1517 Alder Rd, slo Gerald hart 5570 Obra Way, Bkl Ray Martin eau; $8980.03 5261 Stxishlne Are, sle 615 Oaell Cbnst to Golden Hills Ihe Title A Abs; $6000. 819 Larry J $20250. 1868 Spring Lane, sle MLehael Gene Jones etux to PFS; Land 3646 603 ... installation .... SLC $42000. SLCounty 598 2. The Road Commission agrees to the extension of the -sewage line . . . along Coleman Street . . . using an 8 inch to enable the City and adjacent City property size pipe owners to connect to this sewer line at later dates. In this manner revenue will be provided to defray the cost of this F Brown etux to Golden Hills 2he Ut Title A Abs; $16950. Jin N 4903 588 Jr etal to Golden Title A Abs; $6500. Ut $16000. 586 The pertinent parts of the contract upon which plaintiff bases his contention that he should have the benefit of the agreement between defendant Tooele City and the State Road Commission relating to the costs of extending the water and sewer mains are these: SLC Asms to Wstm Mtge See Thoms L Randle etux to 1st Fed Sav; $23500. 3490 Oreenhllls Dr, sle H5750. 582 Ut : protest for which he seeks reimbursement herein. 1st SLC $16000. 5220 So 5200 W, Kearns 570 Garter D service extended to its maintenance yard located on South Coleman Street in Tooele. The City being short of funds, the Road Commission agreed to advance the City the cost of construction of such extensions: $4100 for the sewer line and $2500 for the water line. In order to insure reimbursement to the Road Commission, their agreement provided for repayment to it from fees assessed to property owners benefited by the extension. Since the Road Commission, the City, and Tooele County owned all of the property on the east side of the street, they were to divide half of the total'cost. The other half was to be borne by the ten lots privately owned on the west side. The agreement required the City to collect one tenth of the total of the private property holder's share before each connection was made, which amounted to $176.25 for the sewer line and $125 for the water line. See Title; 565 John Justice: In the year 1968 the plaintiff became owner of the ten lots and applied for connections on seven of them. However, he insisted that he was not obliged to pay the connection fees set by city ordinance, but was entitled to pay only the amount specified in the contract between the Road Commission and the City. Upon this impasse, plaintiff paid the additional charges under Mdvl Glynns Str, Hills Ine Title; $21500. Lane, sle sle Banjaadn L Laoox etux to Mir Th Kay Lewis; $9750. 177 lat Fbd Sav; 760 765 Christensen etux to 1st - SLCOixity Bk Seo Bk 2375 Robert F Hiatt etux to PFS; M 1st etux to Valley Bk; Moake M L. M. Cummings, Clerk In 1962, the State Road Commission desired to have water and sewer Hill sd an Dr, sle 5223 - Read Donald $6697.20 tl7950. 556 etux to PFS; 3. slo E $32000. 2533 Catalina Dr, Bryant L Elaekner Aax to Valley 4c A Tr 1 $13500. 19 W 6025 So, Mur Sav; $12000. 3806 Lois ,,ane( 2375 Bk A sle W, 731 Arlan Pbx etux to R Wlkr Marvin L Hendrickson $16700. SLCbunty Mitchell etux to PFS; Fane LeRoy Joseph to 729 Abijah L Cook etux to 1st Fad Sav; SL Cbunty 519 sle 718 $27950. 516 PFS; Enila M Ramis etux to Tr Mtge Tr Collins Bk; $19200. George Loyal Grant 1971 Plaintiff Wayne Mason, who owns building lots in the southern portion of Tooele City, sues to recover $650 in charges which he paid the City under protest for sewer and water connection fees, and for an order requiring the defendant City to make additional connections for a lower rate which he contends is proper; and he also asks for $10, 000 punitive damages. It is the plaintiff's contention that he should be charged such fees only on the basis of the costs of such connections as set in a contract between the defendant Tooele City and the Utah State Road Commission, whereas, the City contends that cost to be borne by plaintiff's lots was not limited to the amount set in its agreement with the Road Commission, but that this prorata expense of the extensions was in addition to the regular cost of connections to the service systems. Upon the basis of the pleadings the District Court granted the motion of defendant Tooele City for judgment in its favor. Plaintiff appeals. Rvrtn W, Tr; $2818.08 Jams Preston Jansen etux to Valley Bk; $12000. SLC etux to Steed nan 3427 So 4300 Stewart E Pearson etux to 1st Fed Dmnis Joseph CROCKETT. Dr, Sandy 3070 So 2515 V, Sar; $25750. 334 Fortma rf sle 506 Russall etux to Horn Ban; V corporation, Defendant and Respondent. Val Ray $20500. Greenwood April 21, Tooele City, a municipal sle 7th W, No. 12132 FILED v. alo 1108 So $16000. 13875 So 2200 $3500. 1258 Roosevelt Are. ale 500 $16400. I6l6 Plaintiff and Appellant, to Tr Mtge Tr Cblllns Loa T Qlark Bk; Wayne N. Mason, Riddle etux to Mur St Bk; A SEVEN In The Supreme Court Of The State Of Utah Paul J Brunfiald etux to lat Fed Sav; $20000. 42459 Pain Ays, Greenont, Calif Dean PAGE RECORD That to confer a third-part- y Holder, Inc., 79Cal.Rptr., 319, 4l6P.2d 975. 2. See McQuillin, Municipal Corporations (Rev. 2d Ed. ), Sections 15. 14, 19.42 and 29.91. 3. Ephraim Theatre Co. v. Hawk, 7 Utah 2d 163, 321 P.2d 221. 4 ! a .. |