68 of 1915 - A resolution authorizing Mayor and City Recorder to execute deed to parcel of land in Emigration Can REMARKS:
Resolution No. 68 'I
i(i R T A O._;AnO t By Commissioner Wells
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N.J.DININNY
CiTy
ATTORNEY SALT LAKE CITY CORPORATION
ASSISTANTS LAW DE PARTM E NT
Salt Lake City, Utah, September 27, 1915.
To the Honorable Board of Commissioners
of Salt Lake City, Utah.
Gentlemen:-
In the matter of Petition No. 690 by Harmon Cutler asking for
a quit claim deed from the City covering certain parcels of ground
in exchange for a quit claim deed from him to any rights he may
have to land, the same being the intersections of Twelfth East
Street and Lownington Avenue; and also in the matter of Resolution
No. 68 by Commissioner Wells, authorizing the Mayor and City
Recorder to execute the deeds for the land mentioned in Petition
No. 690, both of which matters were referred to this department for
an opinion, I would respectfully say:
I have examined into these matters end find that the petitioner
has for a good many years had a fence around that part of the
property in question marked in yellow upon the plat annexed to
Petition No. 690 above mentioned, end I understand he has maintained
that fence and paid the taxes on the land, and has what he claims
is a possessory title; and in my judgment that is sufficient on
which to ground a quit claim deed to the City.
So far es the land shown on the map above mentioned included
in the red marks is concerned, I am advised that that is a part of
Emigration Canyon, and never has been claimed by anybody, including
the City. As to the little piece of land at the top of Lot 30,
Block 9, as shown on the map above mentioned, I am advised that the
City has planed a sidewalk at the end of said Lot 30, end at present
it appears that there is nobody and no land liable to pay for that
part of the sidewalk, though it was assessed to the petitioner.
The value of that sidewalk is about j35.00, and in case the City
executes a deed to the petitioner for this land, the petitioner
will pay that sidewalk tax without any dispute.
In view of all these facts, I am of the opinion that the City
will be the gainer by accepting this deed and making the quit claim
deed asked for by the Petitioner, and I recommend that the resolu-
tion offered by Commissioner Wells be adopted.
I herewith return to you the papers above mentioned.
Very respectfully,
City Attorney.
Shearman
I introduce and move the adoption of the following
Wells
resolution.
Lawrence
. ;
Morris .-
Commissioner of Streets and
Mr.Chairman Public Improvements.
Result
RESOLUTION.
WHEREAS, The title to lands at the proposed inter-
section of Twelfth East Street and Garfield Avenue is un-
certain and involved.; and
WHEREAS, Harmon Cutler proposes to convey to the City
a parcel of land which will enable the City to extend
Twelfth East Street to Garfield Avenue, provided said City
quit claims to him another parcel adjoining in and on the
bed of Emigration Canyon at the junction of Twelfth East
Street and Garfield. Avenue; and
WHEREAS, The Board of Commissioners considers said
proposition advantageous to the City:
NOW THEREFORE, BE IT RESOLVED That the Mayor of halt
Lake City be, and he hereby is directed to execute the deed
prepared by th,e City Attorney,attached hereto, and to ex-
change the same with Harmon Cutler and
Cutler, his wife, for a deed. executed by them conveying
to said City said parcel of land at the junction of said
streets to be used for street purposes, containing the
description prepared by the City Engineer; copies of which
proposed deedsand plats of said parcels of land are attached
to this resolution.
•
Passed by the Board of Commissioners of halt Lake City,U , -
--�—- - .... City Recorder. __ Mayor