Email sent to me to homeowners in the Thanksgiving Pt area detailing the specifics of the new Family Search Plat with serial and recording numbers

Wed 7/22/2015 8:17 AM

I spoke with the Utah County Recorder’s office today and received the following information.

• The new subdivision is titled Family Search
• You can view the subdivision on utahcountyonline.gov/landrecords
• The Subdivision was recorded July 9th, the same day as the planning commission meeting
• The serial number of the parcel will likely be 39:240:001, it is a single 12 acre lot
• The map filing number is 14674, the recording number is 61192-2015
• The fee paid for the subdivision recording was $31 dollars
• You can see the parcel on line. Here is how you can view it: Go to utahcounty.gov/landrecords; Go to the development/subdivision search type in map filing number 14674; select family search plat A if the map does not immediately show up, click on Click here for recorded development images. The recorded map should show up.

A couple of worthy notes...

The original instrument date is 6/24/15.  This is when the City of Lehi submitted the information.  It says very clearly that that there was acceptance by the Legislative body at the City of Lehi, which is the City Council, I believe.  The public works director and chief building officer signed off as representatives of the legislative body, not sure they can do that, don't know.  I do not believe this came before the legislative body, again, not sure.  But, I believe it should have.

The survey was signed on July 7th, by Chad Paulsen.

The Owner's signature of the property selling the new subdivision was David Harkness of Thanksgiving Pt Development Corp, LC also of Beesmark Investments LC.  

The County recorded this document at 3:36 pm on July 9th, a few short hours before the July 9th, 7 pm Planning Commission meeting.

It is my understanding the property cannot be sold until it is recorded with the County.  According to the Utah League of Cities and Towns handbook, page 145, it states, "Once a plat is recorded two things happen:  first, the public uses and places indicated on the plat are dedicated to the city or town and second, the lots can now be legally sold." It also states on the same page, "Very often landowners will just record deeds in the county recorder’s office without subdivision approval. However, these deeds do not create approved lots unless a city or town certifies them. The only way a city or town can effectively enforce the subdivision and zoning ordinance is to deny building or other use permits until such time as the lot is brought into conformity with the local ordinance." 

Lots CANNOT be sold until after the plat has been recorded! (At least this is my understanding.)

Here is the interesting part. The subdivision was reviewed by the Public Works Department. The city engineer and I have sent an email to all the City Council members to see if they ever voted on this subdivision.  Two of the members I am running against may have approved the project: Mike Southwick and Johnny Revill.  I hope to find out before tomorrow's Meet the Candidates night if the City Council voted on the Family Search subdivision.

I would ask Mike Southwick and Johnny Revill if there was a vote on the  Family Search subdivision. If there was, how did they vote and what was their thinking behind why they approved the subdivision? (They did not vote, this was NOT brought before the City Council, this is my understanding, I am trying to verify this.) Do they live or work near this area or at least visit the Thanksgiving Point area during peak hours of the day? Are they aware of the traffic nightmare that exist in the Thanksgiving Point area? How do they propose to handle the traffic issues in and around the Thanksgiving Point area and North Point Elementary? Are there any legal issues the City may have to deal with regarding the Family Search Commercial subdivision?

I have read the Utah League of Cities and Towns manual a few times now and I believe I have a number of unanswered questions that will need attorney review.

It will not hurt if you email the elected officials at the City of Lehi and ask them questions regarding this subdivision, the Family Search subdivision.  At a minimum, they should have looked at this area before approving or denying this subdivision.  An attorney will need to give us an opinion on this issue as well as many others.

Bill Conley