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Stratton will accompany this A certified copy of the above-mentioned plat was made at the office of the U. Surveyor General and in accordance with and upon the faith of it the southerly line of the Presidio Reser- vation was drawn upon the official map of the City and County of San Francisco. The computed area of the Reservation as fixed by Mr. The lands for which your memorialists ask the interpos- ition of Congress in their favor are all included in the strip which was excluded from the Presiiio Reservation by Mr. Wheeler's, all south of "a straight line from the southern extremity of Mountain Lake towards a point 800 yards due south of the northern extremity of Point San Jose. 9524 Directing surveyor to furnish plans of grades No, 9546 Requiring Assessor to deliver Map of Outside Lands to Surveyor No. Allowing Tax Collector to deduct awards from taxes No.
Humphreys, City and County Surveyor, is hereto attached. Permitting Assessor to use Hap of Outside Lands No. Declaring intention to apply for allowance of extra pay to Assessor No.
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The promotory of Point Jose within boundaries not less than 800 yards from its northern extremity. The Presidio tract and Fort Point, embracing all the land north of a line running in a westerly iirecticn from the southeastern corner of the Presidio tract to the southern extremity of a poni lying bet Fort Point and Point Lobos and passing xxxct through the middle of oaid pond and its outlet to the channel of entrance from the ocean. Executive Chamber, Washington, December 21st, 1851." On June the 37th, 1864, J. Edmunds, Commissioner of the General Land Office, directed a survey to be made of the Presidio Reservation, and in his communication to Surveyor General Upson used the fpllowing language: "Your office was advised cf the original orq Ler of the President on the 24th of June, 1851. It was soon after the passage of the Act of Congress referred to th- and included by Lieut. 97 21 Approving report of Outside Land Committee on reservation assessments Resolution in Relation to Contract for Humphrejrs Hap No.
That it is doubtful whether the Presidio Reservation, properly speaking, ever embraced the lots in ques- tion. That, if it did embrace them, they were afterwards excluded, and so treated by competent United States authorities. That the alteration in 1870 of the Reserva- tion lines, established by the U. Surveyor-General in 1866, so as t o make the new lines include said lots, was unjust and in- equitable. Upon the plat appears the following approval: "The field notes of the military reservations of the Presidio and Point San Jose, from which this pla$ has been made but, have been examined and approved and are on file in this office, U. Surveyor General's Office, San Francisco, California, September 15th, 186 6. A certified copy of said map will accompany this memorial. The good faith of the City and County of San Francisco with reference to its proceedings in this behalf is evidenced by the fact that if reserved for a Park at Mountain Lake and for school lots lands within the bounds of the Presidio Reservation as surveyed by Lieut.
Bodjr that said lots may be relinquished and con- firmed to us, as grantees of said City and County; and for the purpose of presenting concisely the facts of the case and the reasons of our request, we beg leave to submit: First. We next find the following communication from the Secretary of War to the President; "War Department, Washington, Dec. Sir: I have the honor to submit herewith for your consideration the draught of an order modifying and reducing the reservations at Port Point and Point Jose, San Francisco Harbor, California, prepared in conformity with the recommendations of the Chief-Engin- e Br, herewith enclosed, and request your approval of the same. "A copy of the President's order modi- fying the Reservation and a copy of the diag ram transmitted by the War Department through the Department of" the Interior of this of- fice are herewith enclosed." On February 27th, 1866, L. He says: "With Major Bowman I held a lengthy conversation, exhibited my instructions, the President's proclamation describing the reservations and the certified map there- of from the General Land office, which were to be my guide in the execution of the work." He further aays : "Both the map and the ^re- written description cl early represent the Presidio Reservation as being bounded on the south by a straigh t line from the southern extremity of Mountain Lake towards a point 800 yards due south of the northern extremity of Point San Jose, and as this line was de- scribed thus unmistakably in both documents I established the south- erly boundary of this reservation in accordance therewith." Ke ac- companied his report with a plat and the field notes. A cop$ of the Ordinance bearigg upon the subject will be found attached here- to, The City and County of San Francisco also caused an official map to be prepaped and filed, which map has ever since been and is now known as the official map of said City and County, and upon that map these lands are delineated as municipal lands, and if the said survey was not correct, the whole adjustment of title to the outside lands was inaccurate, illegal and unjust. Surveyor General the sum of ,500 as the cost of the survey by Mr. When it is remembered that the survey thus made by its own officers was acquiesced in by the Government for nearly six years (the period of the Statute of Limitations in California as to real eatate being only five years) and that during that period this land was treated upon the faith tka± Sf that survey by the City and County of San Francisco as a part of the lands conveyed to it by Congress, divided by it into lots and blocks, assessed hereby for parks, revenue purposes, &c, and conveyed to your memorialists by said City and County upon the payment of heavy charges by theru, the justice of their claim cannot will be denied.
Under these circumstances, we feel justified in ask- ing of your Hon. 1 j ( I A fac simile copy cf said sketch certified by Commiss- ioner Edmunds is hereto attached. Totten a diagram and letter defin i ng the bo undaries, vhich were forwarded with our letter of the 7th of' May following". St rat ton made his report to the Surveyor General. The City and County of San Francisco passed Ordinances intended to convey the title to these lands as well as others with- in the Pueblo in accordance with the Act of Congress.
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