Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-05-10
TITLE 10 CITY PROPERTY.
An Ordinance This Week Adopted By the
City Council.
CHAPTER LV

ing of title by the City of Santa Fe, and
the mayor and clerk thereof, to the per-
sons thereto entitled pursuant to act of
congress approved April 9, A. d. 1900,
entitled can Act to settle title to real
estate in the City of Santa Fe, New
Mexico and for other purposes.
Whereas, by act of congress approved
April 9. A. D. 1900, entitled IAN Act to
settle title to real estate in the City of
Santa Fe, New Mexico" it was, among
other things declared to be the duty of
the mayor and city clerk of said city,
and Of their respective successors in
office, to execute proper deeds of quit
claim to the persons thereto entitled
under said act for their respective indi-
vidual holdings of real estate within
the present survey of the Santa Fe
grant, as more particularly identified in
said act, upon such persons applying
therefor and presenting proper deeds
for the Signatures Of such officers; and
Whereas, The said Mayor and City
Clerk, and their successors in office, are
implicitly required by said act to deter
mine who are prima facie entitled to
such deeds; and,
Whereas, The prompt settlement of
title to such lands in the persons enti-
tied thereto, prima facie, with clear and
definite descriptions Of the holdings
claimed is essential to the ~peaceable
and quiet possession thereof, to the de-
termination of landed interests and the
welfare of said city; now, therefore,
Be it ordained by the City Council of
the City of Santa Fee:
Section /. That the Mayor and City
Clerk of the City Of Santa Fe, in the
name of the City of Santa Fe, and in
their own names and offices, respective
ly execute proper deeds of quitclaim to
the persons entitled thereto, pursuant
to the act of congress approved April
9, A. d. 1900, entitled can Act to Settle
Title to Real Estate in the City of San
ia Fe, New Mexico" the City of Santa
Fe and the Mayor and Clerk thereof to
be named as grantors in the same.
Sec. 2. The City Clerk is hereby au-
thoriZed and empowered to aff1x the
seal Of said city to the deeds mentioned
in section / hereof.
Sec. 3. Claimants to such real estate,
claiming the same by actual continuous
possession or under color of title for
the period of ten years next preceding
the passage of said act, shall be enti-
tied to such deeds upon applying to the
Mayor and City Clerk therefor, and pre-
senting to them proper deeds in dupli-
cate. the duplicate not to be executed,
but to be filed with the City Clerk as a
record Of the conveyance made: Provid-
ed, that such claimants shall establish
their rights to such deeds to the reason
able satisfaction Of the Mayor and City
Clerk by exhibiting either Q) a certi-
fled abstract Of their title to such real
estate, or original deeds thereto cover
ing the period Of ten years next preced-
ing the passage of said act, where the
claimants claim under color Of title, or
(2) by satisfactory proofs Of possession
of such real estate, within the present
survey of the Santa Fe grant, as iden-
titled in said act, continuously for the
period of ten years mex preceding the
passage of said act, through themselves,
their agents or predecessors in title,
where the claimants rely upon actual
possession for their rights in the prem
Uses.
Sec. 4. The Mayor and City Clerk
shall provide and adopt a form of quit
claim deed to be used exclusively | n
making the deeds required by said act
Of congress.
| Sec. s. The description of the tracts
for which a deed is demanded shall be
by lot and block numbers where FEAST
| BILE.
Sec. 6. The City Attorney shall in
vestigate all deeds presented for the
signatures Of the Mayor and City Clerk,
all abstracts of title, all deeds and 9TH
er instruments in writing, and means
relied upon as color of title, and all
proofs of actual possession, and report
upon the same in writing to the Mayor
and City Clerk, showing his approval
or disapproval Thereof, with his rea-
sons in the premises, accompanying his
report with the proofs and the deed ten
dered for execution.
Sec. 7. For his services under Sec
ton 6 the City Attorney may charge a
fee not to exceed $3.50 In any case, but
where, during ten years next preceding
the passage of said act Of congress,
there has not been more than one trans
fer, conveyance or other instrument af-
feecting the tract applied for, then he
shall not charge a fee to exceed 81. so in
such case.
Sec. 8. Persons who desire to take
advantage of said act of congress shall
present their deeds for the signatures
of the Mayor and City Clerk, with their
evidences or proofs of right or title, as
hereinbefore provided. to the City At
torney for investigation after the pas
sage Of this ordinance.
Sec. g.. Where more than one person
claims. the same tract of land, and ad-
versely to each other. and Independent
ly apply for deeds thereto. the Mayor
and City Clerk ma order a hearing up
on oral or written testimony and docu-
mentary evidence concerning such con-
flicting claims, giving notice in writing
to the persons interested of the time
and place Of such hearing, and whether
the same will be upon oral or written
testimony, and shall execute the deed
to the person better entitled thereto up
on the proofs, RENTING the failing par
ty to the courts for final adjudication of
the controversy.
Sec. 10. The Mayor, when in his opin-