Nathan, Brent and Ally
Please forward my blog post to the Presiding Bishop's office for review.
I blogged, facebooked and tweeted this post this morning. I did cc the LDS Church and the City of Lehi in my tweet.
http://lehicityut.blogspot.com/2015/12/special-warranty-deed-between.html
Title of the post
Special warranty deed between Thanksgiving Point Development Corp and the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints
new email
Hi Bill,
I do understand your concerns with the Family Search /LDS Church project and wanted to try to address again some of the points you have brought up. I may have already provided this explanation to you verbally on the phone or in previous emails so I apologize if this is redundant information.
I think we will have to agree to disagree on the interpretation of the word "adjacent" as used in the ordinance. as I look at the parcel lines/ownership maps, between the residential dwellings and the Church project there is a section of Thanksgiving Point golf course property on both sides of Desert Forest Lane separating the single-family detached units from the Church's project. There is also the County's trail property that runs along the south side of Desert Forest Lane.
Also, as you are aware, the Church's plan has been modified so that there is no longer a four-story building on the south side of the Church's property.
The ordinance uses the word "should" when talking about building designs being two-story adjacent to single-family detached units. When it comes to code writing and interpretation, there is a big difference in the meaning of the word "should" versus "shall", "must", etc. I hope that provides some additional explanation from my standpoint.
Thanks, Kim
new email
Thanks for your reply, I will take that information into consideration.
Does the City take a look at the specific language as signed by two parties in a special warranty deed governing what can and cannot be built on a parcel of land?
Does the city care what is written? Do they take the language into consideration?
Here is a blog post I updated today regarding the Special Warranty Deed signed by the LDS Church and Thanksgiving Point. As you can see, there is no mention of a Stake Center or Commercial office building.
Thank you so much for responding Kim, I truly appreciate that.
Bill
new email
After you have read it, please have the city respond to my previous email and please take time to read my blog post..
Thanks Kim
Bill Conley
new email, very important
Kim
The Thanksgiving Point HOA of which I am a member owns Desert Forest Lane and property to the north and south of the property.
The Thanksgiving Point HOA of which I am a member owns Desert Forest Lane and property to the north and south of the property.
53:309:0144 parcel north of desert forest Lane owned by Thanksgiving Village Homeowner Association, this parcels borders Desert Forest Lane and the Thanksgiving Point Driving range
53:309:0154 Desert Forest Lane
53:309:0145 parcel south of desert forest Lane owned by Thanksgiving Village Homeowner Association
The Thanksgiving Point Homeowners Association is made up for single family residences of which I am one. By virtue of me having partial ownership in the Thanksgiving Point HOA, I am a neighbor of the Corporations 11.99 acre parcel.
The Family Search Plat (not properly recorded, MUST be recorded by metes and bounds per chapter 28 of the Lehi City code) is a 1 lot subdivision. It does not matter how many buildings you put on the 1 lot subdivision or where they are located on the subdivision, all buildings in the one lot subdivision must comply with Lehi City code. If it were a multi lot subdivision, maybe one of the buildings could be larger than 35 feet, but it is not, it is a single lot subdivision and all buildings on the single lot subdivision MUST comply to the height ordinance.
Secondly, according to the special warranty deed signed by the corporation and Beesmark, a Stake Center is NOT allowed to be build on the southern border of the subdivision. I have made you aware that corporation is in violation of the language in the special warranty deed and is subject to a lawsuit to bring them back into compliance. I highly suggest you read my blog, lehicityut.blogspot.com The corporation cannot build a stake center and a 120,000 sq ft commercial office building on the property. You cannot in good conscious let a developer build something on their property that you know is in violation of the special warranty deed they contractually signed. To do so would be a dereliction of duty to the citizens of Lehi.
Have you read my blog? Have you read the special warranty deed signed by the corporation and Beesmark LLC?
The corporation cannot build a 4 story building on this single lot subdivision.
Let me give you an example. If I purchased a 3 acre parcel and the height restrictions were 35 feet high near the street. The city most certainly would not allow me to build a home that was 35 feet high in the front of the property and a garage that was 100 feet high on the back of the property. In a single lot subdivision, it matters not where the buildings lie, they all must comply to the building codes as listed in the resort community code, chapter 28. Also in the code, it does not refer to a single building, it says buildings (plural),not just a stake center but the commercial office building as well.
Kim, I know you do whatever it takes to cover for the church and get this project built. How about the citizens of Lehi? Are you going to protect them as well. Your first priority is to the citizens of Lehi who pay your salary.
I keep mentioning a stake center and a commercial office building, neither of which is mentioned in the special warranty deed. Neither can be built according to the deed, a legally binding contract between a grantor and a grantee. If you allowed anything other than was is specified in the deed, you would be facilitating a corporation attempt to break their legally binding contract.
Once again, I will remind you that the Family Search plat cannot be recorded as a plat per chapter 28 of the Lehi city code, it must be recorded using metes and bounds. I have heard you say that a plat is sufficient and even superior, but if you are not going to follow this language, what other language in chapter 28 are you going to ignore or just not care about? Words have meaning.
Lastly, Todd Munger and Gary Smith could not have signed off on the subdivision if there are any infrastructure improvements (stoplights that keep getting talked about) that are necessary to help facilitate traffic. How many other subdivisions of this magnitude as Todd Munger and Gary Smith signed off on without the knowledge or consent or input of either the planning commission or city council. I would imagine, zero!
Kim, you know that the planning commission and city council sign off on the creation of subdivisions. Why the heck would you allow this to happen? For goodness sake, Todd Munger did not even attend the one DRC meeting that discussed the plans the corporation presented to the city in early June and he signed off on the subdivision? What? Are you kidding me? I have asked the city and Todd Munger no less that 6 times to verify Todd Munger's signature on the Family Search Plat, a simple yes or no would do, but the refuse to respond which leads me to believe it was an auto signature, perhaps by someone other than Mr. Munger. I would love for Todd Munger to confirm this is his actual signature. It may very well be, why won't he admit it? What is he and the city hiding?
Now I know this is Utah County, but the law is the law, city code is city code and procedures must be followed. The corporation is not above the law and those who work for or represent the city must not be biased to an organization in which they are a member.
Finally, I am an owner of the property that borders the proposed development as are all the other single family residents of Thanksgiving Village HOA. This is a single lot subdivision and all the buildings (per code) cannot exceed 35 feet, the family plat is improperly recorded at Utah County, Todd Munger and Gary Smith could not sign off on the creation of the Family Search plat if city infrastructure needed to be improved, the corporation is breaking their contractual legally binding agreement with Beesmark, traffic in and around Thanksgiving Point per the corporations traffic study is already an F, the health, safety, welfare and morals of the residents of the city are put in harms way. Seriously, I could go on and on, I will end it here.
Thanks
Bill Conley
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