NOTICE OF INTENTION TO DESIGNATE ASSESSMENT AREA 

PUBLIC NOTICE IS HEREBY GIVEN that on Thursday, September 13, 2012, the City Council (the “Council”) of Herriman City, Utah (the “City”), adopted a resolution declaring its intention to designate an assessment area to be known as the Herriman City, Utah Assessment Area No. 2 (the “Assessment Area”).  It is the proposal of the Council to provide Improvements herein described to property within the proposed Assessment Area, to finance a portion of the cost of the proposed Improvements within the Assessment Area and to levy assessments as provided in Title 11, Chapter 42, Utah Code Annotated 1953, as amended, (the “Act”) on the properties lying within the Assessment Area for the benefit of which such assessments are to be expended to pay for such Improvements.

DESCRIPTION OF ASSESSMENT AREA 

The proposed Assessment Area shall include the properties as generally described on the map attached hereto as Attachment A and listed in the chart below.
PROPOSED IMPROVEMENTS AND LOCATION

The proposed Improvements consist of the construction of water system improvements, including the construction of water distribution lines, a pump station and a pump, and related improvements together with all other miscellaneous work necessary to complete said improvements in a proper and workmanlike manner (collectively, the “Improvements”).  The Improvements are generally located as shown on the attached map.  

PROPOSED ASSESSMENTS, ESTIMATED COST OF IMPROVEMENTS,
AND METHOD OF ASSESSMENT

Pursuant to the Act, the Council has determined to levy assessments to pay of the cost of the Improvements (the “Assessments”).  
The total cost of the Improvements including overhead costs is estimated to be $12,000,000, none of which will be paid by the City such that the estimated $12,000,000 will be paid by the Assessments to be levied against the properties that are directly or indirectly benefited by such Improvements, which benefits need not actually increase the fair market value of the properties to be assessed.  
In lieu of utilizing a guaranty fund, the City proposes to create a special reserve fund to secure payment of the Bonds.  The reserve fund will be initially funded with proceeds of the Bonds in an amount equal to approximately ten percent (10%) of the principal amount of Bonds issued.  The City anticipates applying any moneys remaining in the reserve fund to the final payment on the Bonds that, in turn, would offset the final assessment payments to be made by the owners of property benefited by such Improvements, all of which will be further described in the assessment ordinance to be adopted by the City.  
All properties will be assessed an Assessment as follows:
		ASSESSMENTS
Tax ID No.	Developable Acre	Owner	Estimated
Assessment	Method of Assessment
32124000190000	35.5000 	ROSECREST COMMUNITIES LLC	$173,610.20 	Developable Acre
32132000150000	14.0015 	ROSECREST COMMUNITIES LLC	$68,473.33 	Developable Acre
32132000210000	36.5300 	ROSECREST COMMUNITIES LLC	$178,647.34 	Developable Acre
32134000010000	46.7412 	LAGUNA INVESTMENT COMPANY	$228,584.48 	Developable Acre
32242000010000	118.8387 	LAGUNA INVESTMENT COMPANY	$581,172.12 	Developable Acre
33071000060000	20.0000 	ROSECREST COMMUNITIES LLC	$97,808.56 	Developable Acre
33072000070000	7.5000 	ROSECREST COMMUNITIES LLC	 $36,678.21 	Developable Acre
33072000080000	18.1837 	ROSECREST COMMUNITIES LLC	 $88,926.08 	Developable Acre
33072000100000	36.6400 	HAMILTON, DARO E	 $179,185.29 	Developable Acre
33073000040000	6.2359 	ROSECREST COMMUNITIES LLC	$30,496.22 	Developable Acre
33073000080000	5.0000 	ROSECREST COMMUNITIES LLC	 $24,452.14 	Developable Acre
33073000130000	5.0000 	ROSECREST COMMUNITIES LLC	 $24,452.14 	Developable Acre
33073000140000	5.0000 	ROSECREST COMMUNITIES LLC	 $24,452.14 	Developable Acre
33073000150000	14.8127 	ROSECREST COMMUNITIES LLC	 $72,440.44 	Developable Acre
33073000160000	4.9579 	ROSECREST COMMUNITIES LLC	 $24,246.25 	Developable Acre
33073000180000	3.6913 	MULCOCK, SIDNEY J & PATRICIA A; TRS (SJM&PAM TR)	 $18,052.04 	Developable Acre
33073000200000	4.5000 	ROSECREST COMMUNITIES LLC	 $22,006.93 	Developable Acre
33073000240000	11.9358 	ROSECREST COMMUNITIES LLC	 $58,371.17 	Developable Acre
33073000250000	18.4861 	ROSECREST COMMUNITIES LLC	 $90,404.94 	Developable Acre
33073020010000	3.7897 	CORP OF PB OF CH JC OF LDS	 $18,533.26 	Developable Acre
33074000160000	10.2003 	KNOUSE, PAUL T & VIEMARIE; JT	 $49,883.83 	Developable Acre
33083000100000	40.0000 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $195,617.12 	Developable Acre
33084000230000	20.6100 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $100,791.72 	Developable Acre
33084000274001	18.8181 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $92,028.57 	Developable Acre
33084010024001	17.1000 	BOULDIN, DOUGLAS D & JUDITH A; TRS	 $83,626.32 	Developable Acre
33084780010000	3.4069 	BOULDEN, DOUGLAS D & JUDITH A; TRS	 $16,661.20 	Developable Acre
33084780020000	0.9800 	RUTH & JUDITH BOULDEN PROPERTIES LLC	 $4,792.62 	Developable Acre
33163000300000	2.6820 	WASATCH SOUTH HILLS DEVELOPMAENT CO LLC	 $13,116.13 	Developable Acre
33163000310000	2.7314 	WASATCH SOUTH HILLS DEVELOPMAENT CO LLC	 $13,357.72 	Developable Acre
33163000320000	4.6312 	WASATCH SOUTH HILLS DEVELOPMENT CO LLC	 $22,648.55 	Developable Acre
33163000330000	9.8617 	BANK OF UTAH, TR (I JWK TRUST A, SHARE B)	 $48,227.94 	Developable Acre
33163000360000	3.9268 	WASATCH SOUTH HILLS DEVELOPMENT, CO, LLC	 $19,203.73 	Developable Acre
33163000370000	2.6064 	WASATCH SOUTH HILLS DEVELOPMENT, CO, LLC	 $12,746.41 	Developable Acre
33163000380000	3.9376 	WASATCH SOUTH HILLS DEVELOPMENT, CO, LLC	 $19,256.55 	Developable Acre
33163000390000	17.8533 	WASATCH SOUTH HILLS DEVELOPMENT, CO, LLC	 $87,310.28 	Developable Acre
33164000180000	0.6800 	WASATCH SOUTH HILLS DEVELOPMENT, CO, LLC	 $3,325.49 	Developable Acre
33171000170000	4.8286 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $23,613.92 	Developable Acre
33171000180000	8.5803 	G & M PROPERTY MANAGEMENT, LLC	 $41,961.34 	Developable Acre
33171000220000	10.8500 	JUDD, BRIAN L & DEBORAH K; JT	 $53,061.15 	Developable Acre
33171000240000	46.3439 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $226,641.51 	Developable Acre
33172000010000	9.9645 	DOXEY, EVANS T. & MARLENE L.	 $48,730.67 	Developable Acre
33172000110000	4.9893 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $24,399.81 	Developable Acre
33172000120000	2.4930 	GRIFFIS, MARTY T & TINA A; JT	 $12,191.84 	Developable Acre
33172000130000	2.4937 	LOSEE, CHRIS	 $12,195.26 	Developable Acre
33172000220000	16.7993 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $82,155.77 	Developable Acre
33173000010000	45.9609 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	 $224,768.48 	Developable Acre
33173000030000	40.2923 	WASATCH SOUTH HILLS DEVELOPMENT CO LLC	 $197,046.60 	Developable Acre
33174000070000	72.8736 	BUTTERFIELD, SHIRLEY C; TR	 $356,383.10 	Developable Acre
33174000110000	25.5122 	WASATCH SOUTH HILLS DEVELOPMAENT CO LLC	 $124,765.58 	Developable Acre
33174000120000	23.0595 	WASATCH SOUTH HILLS DEVELOPMAENT CO LLC	 $112,770.83 	Developable Acre
33174000130000	30.2605 	BANK OF UTAH; TR (I JWK TRUST A, SHARE B)	 $147,986.80 	Developable Acre
33174000140000	18.8460 	WASATCH SOUTH HILLS DEVELOPMENT CO, LLC	$92,165.01 	Developable Acre
33181000010000	73.6863 	LAGUNA INVESTMENT COMPANY	 $360,357.55 	Developable Acre
33181000030000	27.8843	PEEL, DON; TR ET AL	 $136,366.16 	Developable Acre
33182000020000	 4.3249	MCALLISTER, SARAH M	$21,150.61 	Developable Acre
33182000030000	4.4295	LARSEN, JOHN D & JOYCE C; TRS	 $21,662.15 	Developable Acre
33182000040000	8.5775	KESSIMAKIS PROPERTIES, LLC	 $41,947.65 	Developable Acre
33182000050000	4.7463	MITCHELL, GRANT L; TR (GLMF TRUST)	 $23,211.44 	Developable Acre
33182000080000	18.6859	BILLS, DANELL C	 $91,382.05 	Developable Acre
33182000090000	18.5800	BUTTERFIELD, SHIRLEY C; TR	 $90,864.15 	Developable Acre
33182000110000	4.0463	CHRISTENSEN, DEL S	 $19,788.14 	Developable Acre
33182000130000	4.7629	RENTMEISTER, JAY & GARVA (JT)	 $23,292.62 	Developable Acre
33182000140000	4.7097	MITCHELL, JUDI R	 $23,032.45 	Developable Acre
33182000150000	4.7524	STONG, DENNIS; ETAL	 $23,241.27 	Developable Acre
33182000160000	4.7504	ROSECREST COMMUNITIES LLC	 $23,231.49 	Developable Acre
33182000180000	9.5915	A D BENNETT FAMILY, LLC	 $46,906.54 	Developable Acre
33182000190000	4.8408	ROSECREST COMMUNITIES LLC	 $23,673.58 	Developable Acre
33182000200000	4.8281	ROSECREST COMMUNITIES LLC	 $23,611.48 	Developable Acre
33182000210000	4.8155	DRP FAMILY LTD PARTNERSHIP; ETAL	 $23,549.86 	Developable Acre
33182000220000	4.8384	ROSECREST COMMUNITIES LLC	 $23,661.85 	Developable Acre
33184000050000	18.0856	MALIBU INVESTMENT COMPANY	 $88,446.33 	Developable Acre
33184000060000	251.6100	ROSECREST COMMUNITIES LLC	 $1,230,480.62 	Developable Acre
33191000010000	61.0282	LAGUNA INVESTMENT COMPANY	 $298,454.03 	Developable Acre
33192000010000	82.3288	MALIBU INVESTMENT COMPANY	 $402,623.08 	Developable Acre
33192000020000	25.4081	STAKER & PARSON COMPANIES	 $124,256.49 	Developable Acre
33201000030000	48.8622	STAKER & PARSON COMPANIES	 $238,957.08 	Developable Acre
33201000040000	3.5204	BANK OF UTAH; TR (I JWK TRUST A, SHARE B)	 $17,216.26 	Developable Acre
33202000080000	61.9086	BANK OF UTAH; TR (I JWK TRUST A, SHARE B)	 $302,759.56 	Developable Acre
33202000090000	24.3477	STAKER & PARSON COMPANIES	 $119,070.68 	Developable Acre
33211000190000	9.9266	BANK OF UTAH; TR (I JWK TRUST A, SHARE B)	$48,545.32 	Developable Acre
33211000200000	25.5696	CRINER, JANET & WHEADON, DOUGLAS A; TRS	 $125,046.29 	Developable Acre
33211000210000	1.2399	STAKER & PARSON COMPANIES	 $6,063.64 	Developable Acre
33211000220000	3.5480	STAKER & PARSON COMPANIES	 $17,351.24 	Developable Acre
33211000240000	5.3413	MICHEL LAND, LLC	 $26,121.24 	Developable Acre
33211000250000	1.3680	BANK OF UTAH; TR (I JWK TRUST A, SHARE B)	 $6,690.11 	Developable Acre
33212000120000	20.2816	CRINER, JANET & WHEADON, DOUGLAS A; TRS	 $99,185.71 	Developable Acre
33212000130000	3.1360	STAKER & PARSON COMPANIES	 $15,336.38 	Developable Acre
33212000140000	2.1637	STAKER & PARSON COMPANIES	 $10,581.42 	Developable Acre
33212000150000	16.2600	BUTTERFIELD, SHIRLEY C; TR	 $79,518.36 	Developable Acre
33221000230000	12.5191	BUTTERFIELD, SHIRLEY C; TR	 $61,223.76 	Developable Acre
33221000250000	14.1187	BUTTERFIELD, SHIRLEY C; TR (B F TRUST)	 $69,046.49 	Developable Acre
33221000300000	51.8354	S A MCDOUGAL LLC; ETAL	 $253,497.30 	Developable Acre
33223000050000	0.6569	DAVE SHELBY, REALTOR INC	 $3,212.52 	Developable Acre
33223000060000	29.6400	MAC 8, LLC; ET AL	 $144,952.29 	Developable Acre
33224000180000	0.2586	MAC 8, LLC; ETAL	 $1,264.66 	Developable Acre
33224000294001	1.0100	WORKMAN, WAYNE; TR (WWF TRUST)	 $4,939.33 	Developable Acre
33224000394001	2.1800	GIBSON, DONNA D	 $10,661.13 	Developable Acre
33224000434001	1.8284	HARVEY, J NEIL & RITA M; JT	 $8,941.66 	Developable Acre
33271000090000	0.0184	MANGUM, DIANNE B (TR)	 $89.98 	Developable Acre
33271000140000	4.1639	WESTSIDE GROUP, LLC	 $20,363.25 	Developable Acre
33271000170000	8.2508	WESTSIDE GROUP, LLC	 $40,349.94 	Developable Acre
33271000180000	17.9260	MAC 8, LLC, ET AL	 $87,665.81 	Developable Acre
33271000200000	5.1604	BUCKMILLER, DANIEL K & KELLY C; JT	 $25,236.57 	Developable Acre
33272000010000	4.9085	CARLSON, MICHAEL M	 $24,004.67 	Developable Acre
33272000020000	5.0000	CARLSON, MICHAEL M	 $24,452.14 	Developable Acre
33272000030000	42.8822	CARLSON, MICHAEL W	 $209,712.32 	Developable Acre
33074000210000	431.1128	ROSECREST COMMUNITIES LLC	 $2,108,326.16	Developable Acre

The proposed Assessments will be equal and uniform based on benefits received.  The City Engineer’s office has prepared a “Certificate of Project Engineer” that, among other things, identifies the costs of the proposed Improvements.  Said Certificate is on file in the office of the City Engineer who will make such information available to all interested parties.

LEVY OF ASSESSMENTS

The Council proposes to levy the Assessments as provided in the Act on all parcels and lots of real property located within the Assessment Area No. 2 as described herein.  The purpose of the Assessments is to pay a portion of the costs of the proposed Improvements.  The method of assessment will be by developable acre as described above.  The Assessments may be paid by property owners in twenty (20) annual principal installments with interest on the unpaid balance at a rate or rates fixed by the Council, or the whole or any part of an Assessment may be paid without interest within twenty-five (25) days after the ordinance levying the assessment becomes effective.  
A map of the proposed Assessment Area and a more detailed description of the proposed Improvements and other related information are on file in the office of the City Engineer who will make such information available to all interested persons.
If an assessed property is subdivided into smaller parcels after the City has adopted an assessment ordinance levying the assessments in the Assessment Area, the general rule will require that the assessments attributable to a parcel of land are prepaid prior to subdivision. However, upon request and at the City’s sole discretion, as a condition to the City approving said subdivision the City shall amend the assessment ordinance to allocate the original assessment to the smaller parcels based upon developable acres; provided, however,  the owner of said property must either (i) prepay that portion of the original assessment attributable (to the first available call date of related bonds) to said property based upon an area allocation approved in writing by the City or (ii) provide a written consent and waiver to the City, in which said owner consents to the City allocating an assessment to said property based upon an area allocation and waives any right to contest said assessment.  No change in assessment shall be recognized for property not legally subdivided with City approval.

TIME FOR FILING PROTESTS

Any person who is the owner of record of property to be included within the Assessment Area shall have the right to file in writing a protest against the designation of the Assessment Area or to make any other objections relating thereto.  Protests shall describe or otherwise identify the property owned of record by the person or persons making the protest.  Protests shall be filed in writing with the City Recorder of Herriman City, Utah, either in person during regular business hours Monday through Friday, or by mail on or before the date of the hearing at 5:00 p.m. on Thursday October 25, 2012, at the offices of the City Recorder located at 13011 South Pioneer Street, Herriman City, Utah 84096.  Thereafter, at 7:30 p.m. on Thursday, October 25, 2012, the Council will meet in public meeting at the City Council offices in Herriman City, Utah, to consider all protests so filed and hear all objections relating to the proposed  Assessment Area, the proposed assessments, and the proposed Improvements.  The owner of a property proposed to be assessed may withdraw his/her protest at any time before the conclusion of the hearing by filing a written withdrawal with the City Council.  After such consideration and determination, the Council shall adopt a resolution either abandoning the Assessment Area or designating the Assessment Area either as described in this Notice of Intention to Designate Assessment Area or with deletions and changes made as authorized by the Act; but the Council shall abandon the designation of the  Assessment Area if the necessary number of protests as provided herein have been filed on or before the time specified in this Notice of Intention to Designate Assessment Area for the filing of protests after eliminating from such filed protests:  (a) protests relating to property or relating to a type of Improvement that has been deleted from the Assessment Area, and (b) protests that have been withdrawn in writing prior to the conclusion of the hearing.  The necessary number of protests shall mean the following:  Protests representing at least one-half of the developable acreage of all properties to be assessed where an assessment is proposed to be made according to developable acreage.

ADOPTED BY THE CITY COUNCIL OF HERRIMAN CITY, UTAH

 

ATTACHMENT A

MAP OF PROPOSED ASSESSMENT AREA