Monday, December 14, 2015

Email to Robert Ranc and Jason Walker describing WHY the Family Search plat needs to be corrected as per the Lehi Resort Code chapter 28, the Family Search Plat may be illegal



I have told the City and the LDS Church on numerous occasions that the Family Search Plat CANNOT be recorded as a plat.  Chapter 28 of the Lehi resort community code is very specific, the subdivision MUST be recorded by metes and bounds.  The City and the Church could care less what the code says, to them words do not have meaning.  The LDS Church is trying to force this development into a community that does not want it.  They do not care if they bend or break the rules.  As Nathan Hale once said and I am paraphrasing, when we go into a community with a new development, often times there is great opposition, in the end, we always win - I wonder why? Is it because they ignore the rules? Is it because you buy off politicians and city officials?  

This subdivision is clear recorded incorrectly and I also believe that Todd Munger and Gary Smith should not have signed off on the subdivision without going through normal review and approval channels. 

See the email below......

From: William Conley [mailto:billhytek@hotmail.com] 
Sent: Thursday, August 20, 2015 12:59 PM
To: Robert Ranc; Jason Walker
Subject: RE: Chapter 28 resort community code

Robert 
Thanks for the point of clarification. It seems as though words matter or you would not have pointed out a specific word.  If words matter, than so do the words metes and bounds.  You seem to believe the term plat is superior to the term metes and bounds and therefore the city will accept a plat over a metes and bound description.  If words matter than the city MUST follow what is written and what is written is not plat, but metes and bounds language.  You, I and no one else gets to determine that a plat is superior to metes and bounds.  If you are going to suggest the word "are" is relevant, well then, so are the words, "metes and bounds".  You can't simply pick and choose what you will and will not enforce.  

You seem to suggest that a plat is superior to the term metes and bounds.  Maybe you could show me anywhere within Lehi City code that the term plat is superior to the term metes and bounds and that the City as an official statement accepts a plat description in place of a metes and bounds description, please provide me the relevant code or statute that specifies this.  

This must be corrected at the county, you can't just be happy to accept a plat description in place of a metes and bounds, the code specifies a metes and bounds description and specifically states it cannot be a plat.  "The lots in a minor subdivision WILL BE divided by a metes and bounds document rather than a plat."  What is so difficult to understand about this language.  You don't get to choose or be happy, you must follow the code as it is written.  You commented on the relevance of a single word "are", now you must follow the code, there is nothing to misinterpret, language as written MUST be followed.

I requested that you provide me with a document that was prepared by the mayor or city council granting the Public Works Director and Chief Building Official with the authority to sign legal documents on behalf of the legislative body (city council).  The code says "The Chief Building Official and Public Works Director "are" designated by the City Council as the officers having authority, on behalf of the City Council to approve and sign the final documents."  I would like to see any documents created by either the City Council or may granting them this authority. I would like to know if there are no such documents.  I would also like to know if there is anywhere else in any Chapter within the City Code that grants the authority for the Chief Building Official and Public Works Director to sign minor lot subdivisions on behalf of the City Council or is the only place this shows up in the City code?

Lastly, could you testify that there will not be any requirement for the construction of any public improvement or the dedication of any public right away.  The language in the code specifically states the Chief Building Official and Public Works Director can sign as having authority, if the subdivision includes less than ten lots and the subdivision does not require the construction of any public improvements or the dedication of any public right of way.  Are you or anyone at the city willing to sign a document clearly stating that there is and will never be any requirement for the construction of any public improvement?  

Did you know Todd Munger NEVER attended a reported or recorded meeting to discuss the Family Search subdivision, yet he put his signature on the documents recorded by the county.  How did the city allow Todd Munger to sign off on a subdivision that he was never at a meeting to discuss? All I can say is WOW.  There was no City Council or Planning Commission discussion and one of the two people who signed off on the subdivision was never even in a recorded meeting (there was only one) to discuss the proposed subdivision.  Who told him to sign the document and who gave him the information about the new subdivision.  I can't imagine Mr. Munger signed something he knew nothing about, maybe he did, although that would be incredibly irresponsible of him.

Please fix the situation at the County.  According to Chapter 28, this cannot be recorded as a plat, it MUST be recorded as metes and bounds.  

Bill Conley



Another email to Robert Ranc

From: William Conley [mailto:billhytek@hotmail.com] 
Sent: Tuesday, August 18, 2015 2:02 PM
To: Robert Ranc; Ryan Wood
Subject: Chapter 28 resort community code


Robert
Another question for you.  

In chapter 28 of the Lehi resort community code, page 28-4 section 28.060 - Development Approvals and Permits in A.1 there is a sentence that is causing me some confusion.  It states that the Chief Building Official and the Public Works Director have the authority to sign on behalf of the City Council "if they are designated by the City Council as the officers having authority, on behalf of the City Council, to approve and sign the final document (s).  

Is there any kind of document you could send me that states that the Chief Building Official and Public Works Director have been given this authority and have the right to sign on behalf of the City Council and then provide me with examples where this has been the case.  I would like to see the document authorizes them to sign on behalf of the City Council.

Secondly, in that same section it states, "The lots in a minor subdivision WILL be divided by a metes and bounds document rather than a PLAT."  I have contacted the Utah Recorders office and the Family Search subdivision is recorded as a PLAT, not by metes and bounds as outlined in the resort code.  I would like an explanation as to why the code as written above was not followed.  

I will be sharing your response to the hundreds of those Lehi residents who are outraged by the proposed destruction of the Thanksgiving Point driving range to put up two massive office buildings. 

Thank you

Bill Conley

No comments:

Post a Comment