164 of 1912 - A resolution that the City Attorney prepare deed to cemetery ground to Congregation B’nai Israel and •
REMARKS: Resolution No. 164
By Commissioner. Keyser.
That City Attorney prepare
deed to cemetery ground to
Congregation BINai Israel
and that Mayor and City Record-,
er execute same.
•
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C.S.VARIAN SALT LAKE CITY CORPORATION
CORPORATION EL DININNT
CITY ATTO ne. LEGAL D EPARTMENT
AARON MYERS,,W AEET
W.W.LITTLE,2,Ass,
Salt Lake City, Utah, December 17, 1912.
Hon. George D. Keyser,
Commissioner of Perks and Public Property.
Dear Sir:-
The matter of the petition No. 711 by Congregation B'Nai Israel
asking for additional ground adjoining the parcel already occupied by
the said oongregation as a cemetery, and duly filed by the Board of
Commissioners June 20, 1912, and thereafter reviled, was referred to the
writer for report.
Upon your suggestion that if the Congregation B'nai Israel would
procure for the city the title to the west one-half of Blocks 57, 72 and
73, Plat "G", Salt Lake City Survey, standing of record in the names of
Frederick H. Auerbach and Samuel H. Auerbach, the matter might receive
the attention of the Board of Commissioners, as then some consideration
Would move to the city for the parcel of ground asked for, also the
conveyance of the above property would square the entire cemetery as one
compact tract.
Acting on your vie of the matter, I called on Mr. William Graupe,
a former petitioner and active member of the congregation. He at once
took the matter up with Mr. George S. Auerbach, with the result, as I am
advised, that Mr. Auerbach agrees to deed the property to the city in
exchange for that pert of the cemetery prayed for in the petition No. 711
for cemetery purposes, the deeds to be prepared by the city for submis-
sion to the attorneys for Mr. Auerbach.
A reference to the plat attached to the accompanying abstract No.
3757-16, will disclose the advantage to the city of acquiring title to
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the blocks mentioned, and I trust will meet the approval of the
Commission.
Referring to the north one-half of Block 56, Plat "G", and that part
of Seventh Avenue running east from N Street to the cemetery, seemingly
claimed by Mark Lindsay, as shown by the abstract prepared by G. H.
Backman, Entry No. 2 of the said abstract, together with the map of the
city, including Plat "G", then on file and of record in the office of
the City Surveyor, disposes of any claim to that part of Seventh Avenue.
Entry No. 21 of Abstract No. 3757-16 shows a claim of title by the city
to all of Block 56, Plat "G", which has stood partially fenced and untaxed
for a period of thirty-seven years. We are of opinion that neither Mark
Lindsay nor any of his heirs, if dead, nor any other person, could recover
any of the property shown by the Backman abstract, especially as the title
to all the estate of Mark Lindsay passed April 29, 1879, to James White,
his assignee in bankruptcy. See Entry No. 15, Abstract 3757-16.
Very respectfully yours,
Accompanying documents:
Petition No. 711;
Abstract No. 3757-16;
Abstract prepared by G. H. Backman;
Communications and Petitions.
RESOLUTION .
WHEREAS, The Congregation B'nai Israel has heretofore
petitioned your honorable body for additional ground adjoining
the parcel already occupied by the said congragation as a
cemetery; and
WHEREAS, Said Congregation B'nai Israel has signified its
willingness to procure for the city the title to the west one-half
of Blocks 57, 72 and 73, Plat "G", Salt Lake City Survey, in ex-
change for said parcel of land; and
WHEREAS, It would seem to be advantageous to the city to
acquire title to the land in said Blocks 57, 72 and 73, as shown
by plat accompanying abstract No. 3757-16; and
WHEREAS, The Catholic Congregation of Salt Lake City which
heretofore occupied the property hereinafter described for cemete e
purposes, and as the Board of Commissioners is advised, has burie.
and caused to be buried many bodies which still occupy said plat
of ground; and
WHEREAS, Said bodies were not removed to that part of the
City Cemetery granted by the City Council to L. Scanlan, Trustee,
September 7, 1897; and
WHEREAS, The Board of Commissioners is not advised of the
terms or conditions under which said bodies were buried in said
plat, known as the Old Catholic Cemetery;
NOW THEREFORE, Be it resolved by the Board of Commissioners
of Salt Lake City, Utah:
1. That the City Attorney be, and he is hereby instructed
to prepare a proper deed conveying .the following described tract
of ground in Salt Lake City, Pellt Lake County, Utah, to-wit;
Beginning at a point:60.87 feet west of the southeast gerserr
of the old cemetery, running thence north 90° ii' 23" west 274.5.11
feet; thence west 89° 15' 17" south 216.10 feet; thenoe south 90°
06' 10" west 272.4? feet; thence east 90° 27' 10" south 211403
feet to place of'beginning.
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to the Congregation B'nai Israel, in trust, however, for the fol-
lowing purposes, and under the terms and conditions following:
That the said described property shall never be used for othe
than cemetery purposes.
That the entire receipts received from the sale of lots in
the above tract be used in beautifying said tract of ground.
That the Congregation B'nai Laeael hereby undertakes to, and
will appear, defend and save Salt Lake City harmless from any and
all suits, claims or demands and judgments of every kind and natur
arising out of, because of, or by reason of this conveyance by Sal
Lake City to said grantee of said above described property.
That the said grantee herein will pay the amount of any judg-
ment, determination or adjudication which in any suit or proceedin,
may or shall be found against Salt Lake City; provided, however,
that said grantee shall have had notice of any such suits, and an
opportunity to appear and defend the same.
That should the grantee for ariy reason pease to use the said
above described property for cemetery purposes, then and in that
event the title to and the immediate possession of the said above
described tract shall revert to Salt Lake City, the grantor herein
2. That the City Attorney prepare a proper deed conveying
the west one-half of Blocks 57, 72 and 73, Plat "G", Salt Lake Cit
Survey, Salt Lake City and County, State of Utah, to Salt Lake Cit;.
That the Mayor and City Recorder be, and they are hereby
authorized to execute the deed conveying the tract above described
to the Congregation B'nai Israel upon the receipt of a proper deed
conveying the tracts last above described.
Adopted by t e Boar of Co' .4:sioners of
Salt Lake City, Dec. 19, 1 2.
Mayor city ec rder