Mapleton boundary adjustment legal

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PUBLIC NOTICE

NOTICE OF PUBLIC HEARING REGARDING BOUNDARY ADJUSTMENT

MAPLETON CITY, UTAH

NOTICE IS HEREBY GIVEN pursuant to the provisions of Section 10-2-419, Utah Code Annotated 1953, as amended (the "Act") that on October 7, 2009, the City Council (the "Council") of Mapleton City, Utah County, Utah ("Mapleton") adopted a resolution (the "Resolution"), which Resolution declared Mapleton's intent to adjust its southern boundary with Spanish Fork City and called a public hearing regarding boundary adjustment and authorized publication of said notice.

THE TIME AND PLACE of the public hearing will be on December 16, 2009, at 7:15 p.m., or as soon thereafter as is feasible. The place of the public hearing will be at the Mapleton city hall 125 West Community Center Way in Mapleton, Utah. All members of the public are welcome to attend and participate either by written comment or by oral comment. Written comments may be submitted at anytime at or before the public hearing, which is herein noticed. Written comments should be submitted to the Mapleton City Recorder at 125 West Community Center Way, Mapleton, Utah 84664.

AREA PROPOSED TO BE BOUNDARY ADJUSTED is generally described as the area of property south of the present Mapleton City Boundary to Highway 6 and east of Highway 89, which property is more particularly described as:

PARCEL # 1

Commencing 20 chains North of the Southeast corner of Section 34, Township 8 South, Range 3 East, Salt Lake Base and Meridian; thence West 7 chains, more or less, to the East side of the New County Highway; thence Northwesterly along said County Highway 53.50 chains, more or less, to the West boundary of the Northeast quarter of said Section 34; thence North 9 chains, more or less, to a point 23 rods 9 1/2 feet South of the Northwest corner of the Northeast quarter of said Section 34; thence East 80 rods; thence South 56 rods 7 feet; thence East 80 rods; thence South 160 rods to the place of beginning.

LESS that portion conveyed by Quit Claim Deed to the State Road Commission of Utah and recorded as Entry No. 2015, in Book 622, at Page 445 records of Utah County, Utah, and granted subject to the provision that no buildings of any kind or nature shall be constructed upon said described real property with the exception that the State Road Commission may, at its own risk, erect tool sheds or maintenance sheds thereon. Containing 5.04 acres, more or less.

LESS that portion conveyed by Quit Claim Deed to the State Road Commission of Utah and recorded as Entry No. 2016, in book 622, at Page 446, records of Utah County, Utah, and granted with the understanding that said described real property is to be used for irrigation canal purposes and that no buildings of any kind or nature shall be constructed thereon. Containing 4.44 acres, more or less.

LESS that portion conveyed by Quit Claim Deed to the State Road Commission of Utah and recorded as Entry No. 1207, in Book 928, at Page 129 of records of Utah County, Utah. Containing 5.91 acres, more or less of which 2.75 acres, more or less are now occupied by existing highway.

PARCEL #2

The South half of the Northwest quarter and the Northwest quarter of the Southwest quarter of Section 35, Township 8 South, Range 3 East of the Salt Lake Base and Meridian.

PARCEL #3

The Southwest quarter of the Southwest quarter of Section 26, and the Northwest quarter of the Northwest quarter of Section 35, Township 8 South, Range 3 East of the Salt Lake Base and Meridian.

PARCEL #4

The Northeast quarter of the Northeast quarter of Section 34, Township 8 South, Range 3 East of the Salt Lake Meridian.

PARCEL #5

All of the Southwest quarter of the Southwest quarter of Section 35, Township 8 South, Range 3 East of the Salt Lake Base and Meridian. EXCEPTING THEREFROM that portion thereof deeded to the State Road Commission.

PARCEL #6

The Southeast quarter of the Southeast quarter of Section 27, Township 8 South, Range 3 East of the Salt Lake Base and Meridian.

PARCEL #7

Commencing at the Northeast corner of the Southeast quarter of the Southeast quarter of Section 34, Township 8 South, Range 3 East of the Salt Lake Base and Meridian; thence West 483.87 feet to the Northeasterly line of the property of the State Road Commission of Utah; thence South 30 deg. 33.5' East 494.36 feet along State Road Commission Property to a point of curve; thence continuing along said State Road Property on a curve to the left with a radius of 5629.6 feet, a distance of 415.9 feet; thence South 34 deg. 47.5' East 15.72 feet along said State Road Commission Property to the East line of said Section 34; thence North along said section line 791.79 feet, more or less, to the place of beginning.

PARCEL #8

Beginning at the South quarter corner of Section 27, Township 8 South, Range 3 East of the Salt Lake Base and Meridian; thence North 0 deg. 41' West 1345.80 feet; thence North 89 deg. 58' East 1341.45 feet; thence South 1346.40 feet to the section line between the South quarter corner and the Southeast corner of said Section 27; thence West along said section line 1325.40 feet to the point of beginning.

PARCEL #9

Beginning at the North quarter corner of Section 34, Township 8 South, Range 3 East of the Salt Lake Base and Meridian; thence South 389.00 feet; thence North 89 deg. 58' East 1325.40 feet; thence North 388.23 feet to the section line connecting the North quarter corner and the Northeast corner of said Section 34; thence West along said section line 1325.40 feet to the point of beginning.

PARCEL #10

Beginning at a point which is South perpendicular to a line connecting the North quarter corner and the Northeast corner of Section 34, 128.00 feet from the North quarter corner of Section 34, Township 8 South, Range 3 East of the Salt Lake Base and Meridian, said point of beginning being in a fence line; thence North 87 deg. 33' West along said fence line 362.50 feet to a fence line of the Easterly side of U.S. Highway 89-50; thence Southeasterly around aperipherly of a curve concave Northeasterly 774.63 feet to the extended line of a fence, said curve having a radius of 2662.8 feet, a local interior angle of 16 deg. 40' and a local chord bearing South 26 deg. 04' East 772.00 feet; thence North 86 deg. 03' East along said extended fence line 23.00 feet; thence North 676.40 feet to the point of beginning, EXCEPTING THEREFROM the Southerly 144.4 feet thereof which is vested in the State Road Commission of Utah.

PARCEL #11

Beginning at a point in a fence line which point is North 1346.95 feet and East 48.85 feet from the Southwest corner of Section 26, Township 8 South, Range 3 East of the Salt Lake Base and Meridian; thence North 1 deg. 30' East along the fenceline 1014.30 feet to a fence line; thence South 88 deg. 30' East along said fence line an extended line of said fence 1298.10 feet; thence South 0 deg. 30' West 1002.96 feet; thence West 1298.10 feet to the point of beginning.

A copy of this Resolution will be on file in the office of the City Recorder in the City offices in Mapleton, Utah, where they may be examined during regular business hours of the City Recorder Monday through Thursday from 8:00 a.m. to 5:30 p.m. and Friday from 8:30 a.m. to 5:00 p.m. until after the public hearing.

NOTICE IS FURTHER GIVEN that pending approval of Spanish Fork City, the Mapleton City Council intends to and WILL adjust its common boundary with Spanish Fork City UNLESS at or before the scheduled public hearing, written protests to the boundary adjustment are filed by the owners of private real property that (1) is located within the area of property proposed to be boundary adjusted as described herein, and (2) which covers at least 25% of the total private land area within the area of property proposed to be boundary adjusted as described herein, and (3) is equal in value to at least 15% of the value of all private real estate within the area or property proposed to be boundary adjusted as described herein. The Property will, because of the boundary adjustment, be automatically annexed to a local district providing fire protection, paramedic, and emergency services or a local district providing law enforcement service, as the case may be, if: the municipality (Mapleton) to which the area is being added because of the boundary adjustment is entirely within the boundaries of a local district: (i) that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; and (ii) in the creation of which an election was not required; and (iii) the municipality (Spanish Fork City) from which the area is being taken because of the boundary adjustment is not within the boundaries of the local district. The Property will be automatically withdrawn from a local district providing fire protection, paramedic, and emergency services, if: the municipality (Mapleton) to which the area is being added because of the boundary adjustment is not within the boundaries of a local district: (a) that provides fire protection, paramedic, and emergency services; and (b) in the creation of which an election was not required; and (c) the municipality (Spanish Fork City) from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the local district.

DATED this

October 7, 2009.

/s/ Camille Brown City Recorder

Published in the Springville Herald on October 15, 22, and 29, 2009, and on December 10, 2009.

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