Email I sent ot Kim Struthers, a response back to Kim from Mayor Bert Wilson and my email back to the mayor. - March 8, 2016

Here is an email I sent to Kim Struthers, head of DRC at the City of Lehi.  I did cc Mayor Bert Wilson and the City administrator, Jason Walker.

Sent March 7th, 2016

Kim
I heard a rumor that the LDS Church is going to begin construction in the next couple of weeks.  Could you confirm whether or not the LDS Church is prepared to begin construction.  Secondly, can they begin construction without the concept plan being brought up before the planning commission for final approval?


Please give me a call to discuss.


Bill Conley
801 867 7227

Comment:  Seems like a pretty simple question, should be quite easy for Kim to respond to. I have placed two phone calls to Kim and this email, none of which he has responded to.  It is now very apparent, it appears anyone working for the city must have the permission of the Mayor to talk with me.  Wouldn't want to open a can of worms, or reveal the truth about what is really happening regarding the family search plat.

Then out of the blue came this email from  Mayor Bert Wilson sent to me this morning, Tuesday March 8, 2016

(I don't think he meant to send it to me. I think he meant to send this to Kim  My email to Kim is below the Mayors email.)

RE: Thanksgiving Point

Bert Wilson

William Conley <billhytek@hotmail.com>; 
Tue 3/8/2016 6:30 AM

 Kim from my point of view I would not communicate with him.  It always just opens a can of worms.  Maybe Ryan and Jason have a different thought.

---

From: William Conley [billhytek@hotmail.com]
Sent: Monday, March 07, 2016 4:43 PM
To: Kim Struthers
Cc: Bert Wilson; Jason Walker
Subject: Thanksgiving Point

Kim
I heard a rumor that the LDS Church is going to begin construction in the next couple of weeks.  Could you confirm whether or not the LDS Church is prepared to begin construction.  Secondly, can they begin construction without the concept plan being brought up before the planning commission for final approval?


Please give me a call to discuss.


Bill Conley
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And lastly, here is an email I sent back to Mayor Bert Wilson this evening.

Re: Thanksgiving Point

William Conley

Bert Wilson <BWilson@lehi-ut.gov>;jwalker@lehi-ut.gov;kstruthers@lehi-ut.gov;Tue 3/8/2016 6:38 PM
 
Mayor Bert Wilson

Maybe you care to elaborate on WHY you don't think it would be a good idea for Kim to provide me with answers to a couple of questions I have regarding a land development project 200' from my home. 

My questions are very basic and are relevant for any land development project.  I am a resident of the City of Lehi.  I pay my taxes and my utilities.  Are you suggesting that Kim not communicate with me so that you can continue to keep the LDS land development project proceeding in secret without community involvement or input? You may want to forward this email to the city attorney.

I would like to make you aware that the proposed development by the LDS Church is breaking a contractual commitment and law signed between the LDS Church and Beesmark.  I have made Beesmark, the LDS Church and the City of Lehi very aware of this fact.  As a one who was elected by the citizens of Lehi.  You have a fiduciary duty to uphold the law of the land when you have been made aware of it.  By allowing the LDS Church to break a contractual commitment they have with Beesmark, you are in essence putting yourself and the city above the law of the land.  I desire to be heard by those who work for the city or are elected by the citizens of Lehi.  If you choose to ignore me, that is a choice you have every right to make.  I will make sure all those who read my blog  are aware of the Mayors instruction NOT to communicate with me. This debacle of a land development project WILL go national.  You may believe you have pulled one over on the citizens of Lehi, but the nation will one day see this project for what it is.  They will also see how the city of Lehi was willing to do anything including allowing a religious institution (should be above reproach) to break a contractual obligation and law.  I am lining up National Sports reporters now.  My brother in law is a major sports writer for a national newspaper and he is very interested in the story, as are others.

Shame on you mayor for suggesting Kim not speak with me.  I had a couple very simple questions that Kim could have answered in a few short minutes.

I am prepared to seek an injunction against this project going forward until the Church honors their contractual commitment with Beesmark and the City does not ignore the language in the Special Warranty Deed.

You may want to review a blog post I wrote on the subject:      bit.ly/1LQ3ZKB

Here is the relevant language in the Special Warranty Deed signed by the LDS Church and Beesmark:
(Key - a family search and discovery center on the southern border, NOT an LDS Stake Center) (NO mention of the family search and discovery center as part of a 120,000 sq ft, 4 story commercial office building. No mention of an LDS Stake Center)

SPECIAL WARRANTY DEED

In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, THANKSGIVING POINT DEVELOPMENT COMPANY, L.c., a Utah limited
liability company ("Grantor"), hereby conveys and warrants against only those claiming by,
through or under it (and no others), to the CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole,
whose address is 50 East North Temple, Salt Lake City, Utah 84150, Attn: Director, Special
Projects ("Grantee"), all right, title and interest in and to the real property located in Utah
County, Utah, and described as follows (the "Property"):

See Exhibit A attached hereto and incorporated herein by this reference; (page 3)

TOGETHER with all mineral rights, easements, and any other rights and hereditaments
appurtenant thereto and all improvements located thereon, but not including any water rights of
Grantor appurtenant to or relating to the Property; and SUBJECT TO current taxes and assessments and to the reservations, easements, covenants, conditions, restrictions, and other rights or interests of record or enforceable at law or equity.

Grantee covenants and warrants to Grantor that until the earlier of twenty (20) years from
the date this Special Warranty Deed is recorded or until Grantee transfers the Property to an
unrelated third party, Grantee (LDS Church) will maintain a family search and discovery center in the building located closest to the southern border of the Property consisting of at least 6,000 square feet and that is open to the general public. Grantee will also maintain sufficient parking on the Property to service such center. The purpose and intent of the foregoing covenant is to ensure that Grantee will operate the Property in a manner mutually beneficial to Grantor and Grantee. In the event of any breach of the foregoing covenant of Grantee and after thirty (30) days' notice from Grantor to Grantee, Grantor may institute legal proceedings provided under applicable law and shall be entitled to receive, in addition to any other remedies provided under applicable law, all attorneys' fees and costs incurred by Grantor in the maintenance of such proceedings. Any forbearance on the part of the Grantor to exercise its rights in the event of a breach of the covenant described above shall not be deemed or construed to be a waiver of its rights hereunder in the event of any subsequent failure of Grantee to comply.

Bill Conley

Comment:  Mayor Bert Wilson, city administrator Jason Walker, head of DRC Kim Struthers and the entire city of Lehi including those who serve on the planning commission and city council want this project hidden from public input.  They will do whatever they can to push this project through, including breaking and ignoring the law and city code. They must be stopped!