The Family Search plat IS recorded improperly at UT County, should be recorded using metes and bounds, not as a plat. I have told the city this over and over, they could care less.

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 (a church representative) 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?  Is it because you are a bully and intimidate others into doing what you want? In Utah County, is it because most of those who make decisions regarding the approval of your proposed development are LDS Church members? 

This subdivision is clearly recorded incorrectly and  as a separate issue, I also believe that Todd Munger and Gary Smith should not have allowed to sign off on the creation of the Family Search subdivision.  The creation of a subdivision typically (99% of the time) goes through the planning commission and city council for approval.  I would like the City of Lehi to provide me with the names of all the other subdivisions that Gary Smith and Todd Munger signed off on behalf of the Lehi City Council.  I have requested this information from them before and they have refused to provide it to me. I don't think there are any others, I may be wrong and the City could easily show me that I am by providing me with the names of the subdivisions these two men have signed off on. 

Here is an email I sent to Lehi City officials some time ago.
(I have highlighted and added some additional wording for this blog post)

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 (or have been advised) the term plat is superior to the term metes and bounds and therefore the city will accept a plat description 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 metes and bounds, the code specifies a metes and bounds description and specifically states it cannot be a plat.  

Here is the exact language as recorded in Chapter 28

Chapter 28: Section 28.080. Development Approvals and Permits. Following the establishment of a Resort Community Zone, and approval and adoption of an Area Plan by the City Council.

A. Expedited Subdivision Review Process.

"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 must follow the code exactly 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.

Secondly,

I requested that you provide me with a document that was prepared by either 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).  

I am familiar with the code as it is written in chapter 28

 "The Chief Building Official and Public Works Director "are" (there is that word 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 Mayor or the City Council 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 chapter 28 of 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 (including stoplights, that is a public improvement) 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?  
As you may be aware and if you are not them let me make you aware. Numerous city officials have clearly stated as well as officials from the LDS Church that at bear minimum at least 2 stoplights will be needed to help with traffic flow and congestion in order for this project to proceed. Stoplights are an improvement and if two stoplights are needed, then Todd Munger and Gary Smith COULD NOT have signed off on the creation of the Family Search plat.  Remember, Todd Munger NEVER attended a single recorded meeting to discuss the creation of the Family Search plat before he signed off on the plat. Seriously, who does that? I still don't know if the signature as recorded on the plat is actually Todd Munger's signature and not a robo signature.  I have requested from the city and Todd on numerous occasions to verify that the signature on the Family Search plat is Todd's actual signature, to date I have not received that confirmation.

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 discussing the creation of the Family Search plat as typically done and one of the two people who signed off on the subdivision was never even in a recorded meeting (there was only one private DRC meeting) 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 off on the creation of a subdivision he knew nothing about, how incredibly irresponsible of him. Someone told him to sign off on this plat, who was it? It is my understanding from talking with Todd that he is a faithful member of the LDS Church, could it be, he saw the Church's name on a document and signed off on something he knew nothing about simply because he was a member? Thanks for looking after the interest of the public Todd. Who pays your salary, the Church or the residents of the City of Lehi?  What a travesty, I think you should resign your position at the city. At least Gary Smith showed up at the one meeting with the VCBO Architects to listen to the proposed development.  You on the other hand had something else to do, yet you signed off on the creation of the Family Search plat knowing nothing about it.

Had the planning commission and city council approved the creation of the Family Search Plat, there would have been transparency, numerous public discussions and input from the community.  In this case, the creation of the Family Search plat was done in secret. No one from the community knew anything about it. The LDS Church and the City did not want anyone to know what they were doing behind closed doors, shame on all of you.  Our government officials need to be transparent in everything they do, they work for us, do they not?

The fact that Todd Munger and Gary Smith could not have signed off on the plat if any public improvements were required. According to numerous city officials and even the church, public improvements ARE required. Thus, Todd Munger and Gary Smith could not have signed off on the plat making his plat illegal.

Secondly, the Family Search plat is recorded as a plat and not by metes and bounds.  The Family Search plat is recorded improperly and if not corrected is also illegal.