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Show 1 PUBUg NOTKE H NOTICE OF CANCELLATION OF TRUSTEE'S SALE AND NOTICE OF TRUSTEE'S SALE The trustee's sale of the following described real property (the Property") scheduled for December De-cember 13, 1994 has been cancelled. The Property will be sold at a public auction to the highest bidder, bid-der, payable in lawful money of the United States at the time of sale, at the West entrance of the Garfield County Courthouse at 55 South Main, Panguitch, Utah on Tuesday. January 17, 1995 at 2:00 p.m. of said day for the purpose of forclos-ing forclos-ing a trust deed executed by William H. Doughty and Carolyn Doughty as trustors, to Ticor Title Insurance Company as trustee, in favor of Mary Eleanor Calvin, Trustee of the Lillis J. Foote Trust, as beneficiary, covering the Property Prop-erty located in Garfield County, Utah, and more particularly described de-scribed as follows: ir Parcel No. 1: The Northwest quarter of the Northwest quarter of Section 9, Township 37 South Ranee 6 West, Salt Lake Base and Meridian. , Parcel No. 2: The North half. of the Northeast Quarter of Section 8, Township 37 South. Range. 6 West, Salt Lake Base and Meridian. Parcel No. 3: The Southeast quarter of the Southeast quarter of Section 5, Township 37 South. Range 6 West, Salt Lake Base and Meridian. Parcel No. 4: The North half of the Southeast quarter, the Southwest quarter of the Southeast quarter, the South half of the Southwest quarter, the Northeast quarter of the Southwest quarter of Section 4, Township 37 South, Range. 6 West, Salt Lake Base and Meridian. Together with 139 acre feet of water Trom Ira Hatch Award as set forth in the Cox decree. L EXCEPTING THEREFROM that portion of the above described Barcels lying within the bounds of le County road right of way. The Trustee shall sell the Property Prop-erty at the time of sale without warranty, express or implied. The purchaser at the sale takes title subject to all matters of record having priority, including but not limited to liens, encumbrances, real property taxes, easements, restrictions re-strictions and reservations of record. Anyone having questions or desiring information regarding the Property to be sold should contact Kenneth J. Sheppard at the offices of 1000 Kearns Building, 136 South Main Street, Salt Lake City, Utah 84101, (801) 320-6700. DATED December 15, 1994. Kenneth J. Sheppard, , ,. Successor Trustee Published in the Garfield County News on December 22 and 29, 1994 and January 5, 1995. NOTICE TO WATER TL USERS The. State Engineer received the following Appfication(s) to Appropriate Ap-propriate or Change Water in Ganield County (Locations in SLB&M). . Persons objecting to an application applica-tion must file a Protest stating the reasons for the protest. To have a hearing before the State Engineer, persons must request a hearing in the Protest. Protest must be filed in duplicate with the State Engineer Engi-neer 1636 West North Tempfe, at Lake City.Utah 84116, (801-538-7240) on or before FEBRUARY FEBRU-ARY 4 1995. (PROTESTS MUST BE LEGIBLE WITH A RETURN ADDRESS). These are informal proceedings, as per Rule R655-6-2 ot the Division of Water Rights. . (LEGEND: Point(s) ofDiver-sion ofDiver-sion POD; Place of Use POU; Nature of Use USE) APPLICATIONS) TO APPROPRIATE APPRO-PRIATE WATER ' w 97-2039 (A68277): Douglas Potts QUANTITY: 0.015 cfs. SOURCE: 6 in. well 100 ft. to 500 ft. deep POD: (1) N 1000 E 1500 from SW Cor. Sec 25, T33S, R4E. (Near Boulder Town) USE: Irrigation: from Apr 1 to Oct 31, total acreage 0.25 acs, sole supply 0.25 acs: Slockwatering: 5 head of livestock: Domestic: 1 family. POU: sl4SWl4 Sec 25, T33S, R4E. APPLICATION(S) TO CHANGE 61-1457(al8483): Kenneth G. and Carol M. Blackner proposes to correct the POD & POU of water as evidenced by 61 -1457 (a 1 552 1 ). n HERETOFORE: QUANTITY: 0.25 ac-ft. SOURCE: 8 in. well 100 ft. to 500 ft. deep. POD: (1) N 1028 E 1054 from SW Cor, Sec 16.T38S.R7W. USE: Domestic: 1 ilm&$$. SW14SW1'4 Sec HEREAFTER: QUANTITY: 0.25 ac-ft. SOURCE: 6 in. well dce&, EQP: (J) N 1548 W 1 h from $ 14 Cor, Sec 16, T38S, R7W. (Strawberry Valley) USE: S&mec as Heretofore. POU: NE14SW14 Sec 16, T38S, R7W. the remaining water is used same as Heretofore. 61-1716(al8528): State of Utah Board of Water Resources, Held by BWR West Panguitch Irr. & Res. Co. Carl and Judy Henrie. Keith and Julia Steele, Jay and Maxme Crosby, David Pearce BffrWftU0 fge the0Di rUU, & USE of water as evidenced by 61-2128. Share Cert. No 3377 (.625 shares). , HERETOFORE: QUANTITY: 1.0 ac-ft. SOURCE: Panguitch Creek POD: m E 190(ffrom Wl4 Cor, Sec 34, T35S, R7W., Source: Panguitch Lake. ?8WS$) 0F REDI VERS ION: l) &5AE 1800 from SW Cor (21 1 S I 900 W 2200 (3) S 1450 W 2000 from NE Cor, Sec 29 (4) N 200 IE 450 from SWCor! Sec V (5) S 100 E 1100 (6) S 750 E 100 (7) S 800 E 200 from NW Cor, Sec 3X T34S R5W (8) N 1875 E 164 from SW Cor, Sec 17 (9) S 1250 W 700 (10) 5 700 W 425 from NE 9$Un ?ec 19, T35S, R6W. STORAGE: Panguitch Lake Reservoir, Capacity 1J349.0 ac-ft. inundating 1074.50 acs. in Sec. 32; Sec 33- Sec 34, T35S- Sec 3; Sec 4 Sec 5, T36S, R7W. USE: Irrigation: from May 1 to Oct 1, total acreage 4395. 69 acs; Other: Water used for irrigation, domestic and stockwatenng purposes. POU: Sec 20; Sec 21-Sec 28; Sec 29: Sec 32; Sec 33, T33S; Sec 4; Sec 5: Sec 6; . Sec 7: Sec 8; Sec 9; Sec 17; Sec 20 Sec 21; Sec 27; Sec 28; Sec 29; Sec 30- Sec 32; Sec 33: Sec 34, T34S, R5V; Sec 17; Sec 1; Sec 19; Sec 20 T35S. R6W. , HEREAFTER: QUANTITY: 1.0 ac-ft SOURCE: 8 in. well 100 ft. to 200 ft. deep. POD: (1) N 1cWd246,5 fWE Cor- Sec IS, T36S,. R7W. (2.5 miles SW of Panguitch Lake) USE: Domestic: 61-1715(al8523): Jeffery and Florence Parreit Dropose(s) to change the POD. POU, & USE of onaier?A ev,denced by 61-904(a6616). 61-904(a6616). .HERETOFORE: QUANTITY: 0.0014 cfs or 0.25 ac-ft. SOURCE: IS)rMeyier River. POD: (1) N 600 E 600 from SW Cor, SecV, T38S, R7W 6 in. well 100 ft. to 500 ft. deep (2) N 230 E 500 from SWCor,Sec25:T35S (3) S2700E 970 J4) S 209d E 1830 (5) S 2250 Eck6a?fr,m NW CX Sec 2 (6) S 950 W 1080 from NE Cor, Sec 15, T36S, R5W. (7) Directly on stream from a point in NE14NW14 Sec 25, T35S, R5W to a point in USE: Irrigation: isWu:031 HEREAFTEk: QUANTITY: 0.0014 cfs or 0.25 ac-ft. SOURCE: 6 ink well 100 ft. to 500 ft. deep. POD: (1) N 280 E 1150 from SW fA$A SW14SW14 Sec Robert L. Morgan, P.E. L,. L STATE ENGINEER Published in the Garfield County News on DECEMBER 22 and529, 1994 and JANUARY 5, GARFIELD COUNTY ORDINANCE NO. 1994-2 AN ORDINANCE ESTABLISHING A PROCEDURE FOR THE REVIEW OF ACTIONS BY GARFIELD COUNTY THAT MAY HAVE CONSTITUTIONAL TAKING ISSUES. WHEREAS, recent changes in the Utah State Code require local governments to consider and adopt guidelines relating to potential Constitutional Taking issues: and WHEREAS, in fight of these statutory requirements, the Board of County Commissioners of Garfield County, State of Utah believes be-lieves it is in the best interest of the citizens of Garfield County to adopt guidelines and establish a procedure for review of actions by County officers, employees, boards, commissions or councils that may involve the issue of a physical taking or exaction of pri vate real property without just compensation; and WHEREAS, said guidelines are meant to instruct and inform Garheld County citizens, officials, employees, boards, commissions and councils, of standards relating to constitutional taking issues and the process for review or alleged takings' and . WHEREAS, the guidelines are intended neither to expand nor limit the scope of liability upon a political subdivision of the State of Utah for a Constitutional Taking, nor impose any liability upon a political subdivision for failure to comply with the guidelines. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, &LALT0EWS:F UTAH, A SECTION 1. Policy Considerations. Con-siderations. There is an underlying policy in Garfield County, strongly favoring favor-ing careful consideration of matters mat-ters involving constitutional taking tak-ing of property, in fairness to the owner of private property bringing the claim and in view of the uncertainty uncer-tainty and expense involved in defending de-fending law suits alleging such issues. is-sues. At the same time, the legitimate legiti-mate role of government in lawfully law-fully regulating real property must be preserved and the public s right to require the dedication or exaction ot property consistent with the constitution. Consistent with this policy, the Board of County Commissioners pf Garfield County, State of Utah hereby adopts a procedure for review re-view of actions that may involve the issue of a constitutional taking. These provisions are to assist county government in considering decisions that may involve constitutional consti-tutional takings. This ordinance is further intended in-tended and shall be construed to objectively and fairly review claims by citizens that a specific county government action requires payment of just compensation, yet preserve the ability of the County to lawfully regulate real property and fulfill its duties and functions. SECTION 2. Definitions. A. "Constitutional taking" means actions by Garfield County involving the physical taking or exaction of private real property that might require compensation to a private real property owner because be-cause of: i. The Fifth or Fourteenth Amendment to the Constitution of the United States: it n. Article I, Section 22, of the Utah Constitution; in. Any court ruling governing the physical taking or exaction oT private real property by a government gov-ernment entity; B. Actions by Garfield County involving the physical taking or exaction of private real properly is not a constitutional taking if the physical taking or exaction: i.. Bears an essential nexus to a kitimate governmental interest; ii. is roughly proportionate and reasonably related, on an individualized individu-alized property basis both in nature and extent, to the impact of the proposed development on the legitimate government interest. SECTION 3. Guidelines Advisory . The guidelines adopted and decisions deci-sions rendered pursuant to the provisions pro-visions of this ordinance are advisory advi-sory only and shall not be con-syW1 con-syW1 JP expand or 1'mh the scope of Garfield County's liability for a constitutional taking. The reviewing review-ing .body or person shall not be required to make any determination under this ordinance except pursuant to Section 4. SECTION 4. Review of Decision. Any owner of private real property prop-erty wtio claims there has been a constitutional taking of private real property shall request a review re-view of a final decision of any Garfield County oificer, employee, board, commission, or council. The following are specific procedures established for such a review: A. The person requesting re- view must have obtained a final and authoritative decision from the county agency involved in the disputed dis-puted decision. . B. Within thirty (30) days from the date of the final decision that gave rise to the concern that a constitutional taking has occurred, the person requesting the review shall file in writing, in the office of the Garfield County Clerk, a request re-quest for review of that decision. A copy shall also be filed with the County attorney. .C. Within fen (10) days of receipt re-ceipt of the notice requesting review, re-view, the County Commission, or an individual, or body designated by the County Commission shall set a date and time to review the decision de-cision that gave rise to the claim of constitutional taking. D. In addition to the written request for review, the applicant must submit, prior to the date of the review, the following in writing: writ-ing: l. . Name of the applicant requesting re-questing review; ii. Name and business address of current owner of the property, form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and if owned py a corporation, partnership, or joint venture, name and address of all principal shareholders or partners; part-ners; r iii. A detailed description of the grounds for the claim that there nas been a constitutional taking; tak-ing; iv. A detailed description of the property taken; v. Evidence and documentation as to the value of the property allegedly al-legedly taken, including the date ana cost ot the property at the time the property was acquired by the current owner. This should include any evidence of the value of that same property before and after the alleged constitutional taking and the name of the party from whom purchased, including the relationship, relation-ship, if any, between the person requesting re-questing a review and the party from whom the property was acquired; ac-quired; vi. A statement concerning the nature of the protectable interest claimed to be affected, such as, but not limited to. fee simple owner ship, leasehold interest; . vii. Terms (including sale pnee) of any previous purchase or sale of a full or partial interest in the property in the three years immediately im-mediately preceding the date of review; re-view; viii. All appraisals of the property, prop-erty, prepared for any purpose, including in-cluding financing, offering for sale, or ad valorem taxation, within the three years immediately preceding the dale of review; ix. The assessed value of and ad valorem taxes on the property for the. three years immediately preceding pre-ceding the date of review; x. All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, the nght of purchasers to assume the loan; xi All listings of the property for sale or rent, price asked and offers of-fers received, if any within the three years immediately preceding the dale of review; xii. All studies commissioned by the petitioner or agents of the petitioner within the three years immediately preceding the date of review concerning feasibility of development or utilization of the property; xiii. For income producing property, itemized income and expense ex-pense statements from the property prop-erty for the three years immediately immedi-ately preceding the date of review; ivx. Information from a title policy or other source showing all recorded liens or encumbrances affecting af-fecting the property; and vx. The County Commission or their designee may request additional addi-tional information reasonably necessary, nec-essary, in their opinion, to arrive at a conclusion concerning whether there has been a constitutional taking. tak-ing. E. An application for review shall not be deemed "complete" or "submitted" until the reviewing bodyofficial certifies to the applicant, appli-cant, in writing, that all the materials mate-rials and information required in Sub-section D. above, have been received re-ceived by Garfield County. The reviewing re-viewing bodyofficial shall promptly notify the applicant of any incomplete application. F. At the review hearing, the County Commission or the individual indi-vidual or body designated by them, shall hear all the evidence related to and submitted by the applicant, the county, andor any other interested inter-ested party. G. A final decision on the review re-view shall be rendered within fourteen four-teen (14) days from the date the complete application for review has been received by the County Clerk. The decision of the County Commission or their designee shall be rendered in writing to the applicant appli-cant and the officer, employee, board, commission or council that rendered the final decision that gave rise to the constitutional takings tak-ings claim. H. It the County Commission fails to hear and decide the review within fourteen (14) days, the decision deci-sion appealed from shall be presumed pre-sumed to be approved. SECTION Kl5. Reviewing Guidelines. In conducting its review of the decision on the alleged constitutional constitu-tional takings claim, the County Commission shall review the facts and information presented by the applicant to determine whether or not the action by the County, constitutes con-stitutes a constitutional taking as defined in this chapter. In doing so, they shall consider: A. Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest. in-terest. B. Whether a legitimate governmental gov-ernmental interest exists for the action taken by the County. C. Whether the property and exaction taken, is roughly proportionate propor-tionate or reasonably related, on an individual property basis, both in nature and extent, to the impact caused by the activities that are the I subject of the decision being reviewed. re-viewed. SECTION 6. Results of Review. After completing the review, the. County Commission or other reviewing body shall make a determination de-termination regarding the above issues is-sues and where determined to be necessary and appropriate, shall make a recommendation to the officer, of-ficer, employee, board, commission or council that made the decision that gave rinse to the constitu-tionaltakings constitu-tionaltakings claim. SECTION 7. Severability. . if any portion of this Ordinance shall beheld invalid or inoperative, then insofar as is reasonable and possible: A. The remainder of the Agreement shall be considered valid and operative; and B. Effect shall be given to the intent manifested by the portion held invalid or inoperative. SECTION 8. Effective Date. In the opinion of the Board of UonclX Commissioners of Garfield County, State of Utah, it is necessary to the preservation of the health, safety and welfare of the residents of Garfield County that this ordinance take effect immediately. im-mediately. Therefore, this ordinance ordi-nance shall take effect immediately upon passage and publication. PASSED, APPROVED AND ADOPTED by the Board of ournt,y, Commissioners of Garfield County, State of Utah, this 12th day of December, 1994. Thomas V Hatch Chairman ATTEST: Camille A. Moore Deputy Clerk Published in the Garfield County News on December 22 and |