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NOTE.-The shaded tract in above illustration is colored in red in blueprint.

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GRANTING CERTAIN LANDS TO YUMA, ARIZ.

FEBRUARY 15, 1909.-Committed to the Committee of the Whole House and ordered to be printed.

Mr. SMITH, of Arizona, from the Committee on the Public Lands, submitted the following

REPORT.

[To accompany H. R. 27889.]

The Committee on the Public Lands, to whom was referred the bill (H. R. 27889) granting certain lands to the city of Yuma, submit the following report:

The bill grants to the town of Yuma 24 acres of land known as the "Quarry Reserve," within the penitentiary grounds located in said city. Many years ago, when the town-site patent was issued to the village of Yuma, the Quarry Reserve was included in said patent and the village took possession of the same. Subsequent to such patent the town of Yuma transferred the present penitentiary site to the Territory for penitentiary purposes, and in such transfer the Quarry Reserve was included.

The Territory erected and has long maintained a penitentiary on said grounds and erected valuable improvements on said Quarry Reserve. Long after this, in the year 1907, the Commissioner of the General Land Office advised the town of Yuma that the 2 acres were not included in the town-site patent, though in 1904 the same office had advised that the same land was included in the patent.

The penitentiary has been removed to Florence, Ariz., and under the terms of the transfer of the Yuma site to the Territory the same has reverted to the town of Yuma. The Quarry Reserve, with the improvements thereon, are essential to the city for city jail and other like purposes. The first section of H. R. 27889 simply clears the title to said 24 acres of ground and confirms the town's title to the same.

The second section of the bill grants a triangular section from the south line of the quartermaster's depot, so as to open First street for public use. The quartermaster's depot reservation has been transferred to the Reclamation Service, and there is hereto appended a letter from Mr. Newell, director, showing that no injury can be done by such grant to the city. There is also appended memorial No. 3 of the Arizona general assembly, passed at its present session, showing

the necessity and justice of the proposed legislation. unanimously recommend the passage of the bill. has been turned over to the Reclamation Service. director is hereto appended.

Your committee The land described A letter from the

MEMORIAL

Relating to the Quarry Reserve and a strip of land on the boundary of the quartermaster's depot, being parts of the Fort Yuma Military Reservation at Yuma, Ariz.

To the Senate and House of Representatives of the United States of America:

Your memorialists, the twenty-fifth legislative assembly of the Territory of Arizona, respectfully represent that

Whereas the town of Yuma, on the 28th day of October, 1876 (at the time the village of Yuma), deeded to the territorial board of prison commissioners, for territorial prison purposes, a lot, piece, or parcel of land of the town site of Yuma, designated by the official survey and field notes of said town site and on the official map of said survey as penitentiary grounds," with a reversion in said conveyance that in the event of the prison being removed from the town and county of Yuma the land so conveyed, with all improvements thereon, should revert to the village or town; and

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Whereas the Commissioner of the General Land Office, on September 9, 1904, advised the town of Yuma that the 2 acres of land located in sections 35 and 36, T. 16 S., 22 E., S. B. M., known as the "Quarry Reserve," and being a part of the Fort Yuma Military Reservation, was included in the patent to the town site of the town of Yuma; and

Whereas the said prison commissioners needing said Quarry Reserve for territorial prison purposes, to put additional buildings thereon, and the town of Yuma, acting upon the advice of the Commissioner of the General Land Office, believing that said tract of land belonged to the town, did lease said tract to said prison commissioners, and the Territory afterwards placed valuable improvements thereon, under said lease; and

Whereas in 1907 the Commissioner of the General Land Office again advised the said town of Yuma that said Quarry Reserve was not included in the patent of said town site; and

Whereas the said territorial prison has been removed from said town of Yuma by legislative act to the town of Florence, in Pinal County, in said Territory, and the new prison is near completion, and all of the inmates of the old prison will be removed from Yuma shortly, and the grounds of the old prison, with all improvements thereon, will revert to said town of Yuma under said deed; and

Whereas the town of Yuma is in need of said improvements on said Quarry Reserve for townhall, town offices, and calaboose or town jail: Now therefore

Be it resolved, That we earnestly and respectfully ask that Congress pass some enabling act to the end that the title to said tract of land be granted in fee to said town of Yuma.

Your memorialists, the twenty-fifth legislative assembly of the Territory of Arizona, do further respectfully represent that

Whereas, when the said town site of Yuma was officially surveyed, in 1876, the street designated as First street in said town was laid out as one of the principal highways of said town, being one of the widest and most important streets in said town, both for residence and business purposes, and extending through the full width of the town (90 feet wide) east and west clear down into the Yuma Valley; that the south boundary line of the United States quartermaster's depot (being a part of the said Fort Yuma Military Reservation) follows the old Mexican boundary line and completely shuts off all of said First street east of block 91 of said town, which strip of land is more particularly described as follows:

Commencing at the southwest corner of the quartermaster's depot, running thence north 4° 08′, east 142.72 feet, thence east 1,832.67 feet to the intersection of the south boundary line of said quartermaster's depot with the north boundary line of said First street, thence south 85° 35', west 1,848.44 feet along the south boundary line of the said quartermaster's depot and to the place of beginning: Now therefore Be it resolved, That we earnestly and respectfully ask that Congress pass some enabling act to the end that the title to said tract of land be granted in fee to said town of Yuma.

GEO. W. P. HUNT, President.
SAM F. WEBB, Speaker.

DEPARTMENT OF THE INTERIOR,
UNITED STATES RECLAMATION SERVICE,
OFFICE OF THE DIRECTOR,
Washington, D. C., February 13, 1909.

MY DEAR MR. SMITH: Replying to your oral inquiry with reference to your bill (H. R. 27889) as regards section 2, I see no objection to the extension of First street, Yuma, along the south edge of the land known as "quartermaster's depot," now being utilized by the Reclamation Service. The distances given I assume are correct, although we have not checked them on the ground. The description needs correction of punctuation by omitting the commas before the words "east and west." Very truly, yours,

Hon. M. A. SMITH,
House of Representatives.

F. H. NEWELL, Director.

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