RESOLUTION NUMBER 17-17
ADOPTED: November 15, 2017

RECITALS:

A.	Smithfield City, as authorized by law, created, operates and maintains a municipal cemetery, which has been platted to create a subdivision of the City Cemetery Property into blocks, lots and burial spaces.

B.	The operation of the Cemetery includes the sale of burial rights in the burial spaces, to individuals, which business practice has occurred for more than 100 years.

C.	At this time, there exist certain burial spaces within the lots and blocks of the Cemetery which have been unused and unclaimed for burial purposes for more than 60 years, with the title to the burial rights within said spaces being unclear; and City Officials are unable to determine the current ownership rights and/or to make contact with the last known and/or current owner(s) of said spaces.

D.	Utah Code, Sections 8-5-6 through 8-5-8 provide a procedure by which Smithfield City may reclaim the title to unused and abandoned burial spaces in order to more efficiently operate the Cemetery and utilize all of the remaining, unused burial spaces, while protecting   the rights of any owner(s) of burial rights, the ownership of which has reverted to the City.  Utah Code, Section 8-5-8 provides a method for compensating such owner(s) and/or successor owner(s) who present valid proof of title after such ownership rights have reverted to the City.

NOW THEREFORE, the City Council of the City of Smithfield, Utah, pursuant to Utah Code, Section 8-5-6, hereby adopts the following:

RESOLUTION DEMANDING NOTICE FROM THE OWNER(S) OF UNUSED BURIAL RIGHTS IN THE LOTS AND SPACES OF THE SMITHFIELD CITY CEMETERY WHICH HAVE BEEN UNUSED FOR BURIAL PURPOSES FOR MORE THAN 60 YEARS; REVERSION OF TITLE TO SMITHFIELD CITY

BE IT RESOLVED by the City Council of the City of Smithfield, Utah, as follows:

1.	The last known record owner(s) of the burial rights in the Smithfield City Cemetery is/are (listed below), which burial rights have been unused for burial purposes for more than 60 years prior to the date of the adoption of this Resolution.

Plat C, Lot 11, Spaces 5, 11, 12, 13 & 14
WILLIAM OR J.A. AINSCOUGH, (No address listed) 

Plat B, Lot 73, Spaces 1, 2, 3, 4, 5, 7 & 8
WILLIAM OR J.A. AINSCOUGH, (No address listed) 

Plat A, Lot 144, Spaces 8, 9, 10, 11, 12, 13, 14, 15 & 16 ROBERT A. BAIN, C/O MARGUERITE B. HANSEN, PO BOX 13, TREMONTON, UTAH

Plat A, Lot 3, Spaces 9, 10, 11, 12, 13, 14, 15 & 16 GEORGE BARBER, (No address listed)

Plat C, Lot 104, Spaces 7, 8, 9, 10, 11 & 12
JOSEPH BUCK (No address listed) 

Plat C, Lot 121, Spaces 7, 8, 9, 10, 11 & 12
FREDERICK CLARK, C/O MAUD MERRILL, RICHMOND, UTAH

Plat A, Lot 158, Spaces 5 & 8 WILLIAM COLEMAN, JR., C/O FRANCIS H ALLEN, COVE, UTAH

Plat B, Lot 49, Spaces 6, 12, 13, 14, 15 & 16
THOMAS H. CRAGHEAD, (No address listed) 

Plat B, Lot 105.5, Spaces 2, 3 & 4
FRED J. CROWLEY (No address listed)

Plat C, Lot 44, Spaces 5, 10, 11 & 12
ERNEST DEPPE, C/O NELSON & DEPPE CONSTRUCTION COM, 3501 MOUNTAIN VIEW DRIVE, BOISE, IDAHO

Plat C, Lot 60, Spaces 5, 6, 8, 9, 10, 11 & 12
SUSSIE ELLIS, 275 WEST MAIN, RIBGY, IDAHO

Plat A, Lot 159, Space 3
ERICK P. ERICKSON, SMITHFIELD, UTAH

Plat B, Lot 46, Spaces 4, 8, 9, 10, 11, 12, 13, 14, 15 & 16 MARION EVERTON (No associated address)

Plat B, Lot 45, Spaces 8, 9, 10, 11 & 13
MARION EVERTON (No associated address)

Plat C, Lot 66, Spaces 1, 3, 4 & 7
IRA EGAN, C/O MYRTLE FULLER, (No address listed)

Plat C, Lot 84, Spaces 4, 13, 14, 15 & 16
WILLIAM J. FUNK, C/O ENID REESE, (No address listed) 

Plat B, Lot 38, Spaces 6, 7 & 8
H. GARNETT (No address listed) 

Plat C, Lot 118, Spaces 8, 9, 10, 11 & 12
CHARLES T. GOLDING, 155 N GARFIELD, POCATELLO, IDAHO

Plat B, Lot 24, Spaces 5, 6, 9 & 11
MARGARET G HADFIELD, C/O REITA SPACKMAN, SMITHFIELD, UTAH 

Plat B, Lot 88, Spaces 14 & 15
ALMA S. HALL (No address listed)

Plat SB, Lot 7, Spaces 1, 2, 3, 4, 13, 14, 15 & 16 HAMMER (No additional information) 

Plat A, Lot 149, Spaces 5, 6, 7 & 8
FRANCETTA HARRIS, C/O LEO HARRIS, WELLVILLE, UTAH

Plat B, Lot 54, Spaces 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16 NICHOLAS HENDRICKSON, (No address listed) 

Plat B, Lot 120, Spaces 8, 9, 10, 13, 14, 15 & 16 JOSEPH HILL, C/O R.N. HILL, MALAD, IDAHO C/O MARGARET MCCRACKEN, 2869 WASHINGTON BLVD, OGDEN, UTAH

Plat B, Lot 51, Spaces 4, 13 & 16 THOMAS HILLYARD ESTATE BY HAZEN HILLYARD, SMITHFIELD, UTAH

Plat A, Lot 11, Spaces 3 & 4 	MARY HILLYARD (No address listed)

Plat A, Lot 12, Spaces 4, 13, 14, 15 & 16
WILLIAM & EMMA HILLYARD, (No address listed) 

Plat B, Lot 7, Spaces 5, 6, 7, 8, 9, 10, 11 & 12 HOLMES (No address listed) 

Plat A, Lot 83, Spaces 3, 4, 13, 14, 15 & 16
WILLIAM HOMER (No address listed) 

Plat A, Space 14, Spaces 8, 9, 10, 11 & 12
M.E. HULSE (JOSEPH) (No address listed) 

Plat B, Lot 3, Spaces 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 15 & 16 SYLVESTER JONES (ROBERT), RUPERT, IDAHO

Plat C, Lot 118, Spaces 1, 3, 13, 14, 15 & 16
JOHN A. KELSEY, C/O CHARLES T GOLDING, 155 N GARFIELD, POCATELLO, IDAHO

Plat C, Lot 121, Spaces 2, 3, 4, 13, 14, 15 & 16 F.K. KNUPPLE, C/O MARIE EVANS, 3526 SOUTH 2ND WEST, SALT LAKE CITY, UTAH
	
Plat C, Lot 186, Spaces 3 & 4 LOUIS LEATHAM, SMITHFIELD, UTAH 

Plat A, Lot 46, Spaces 7 & 8
LEVI (JESSE) LITTLEDIKE, SMITHFIELD, UTAH 

Plat B, Lot 44, Spaces 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16 JOHN F. MACK (No address listed) 

Plat B, Lot 3.5, Spaces 4 & 5 EUGENIA (EUGENE) LUNDQUIST, (No address listed)

Plat A, Lot 208, Spaces 3 & 4
GEORGE LYONS, METROPOLIS, NEVADA

Plat B, Lot 88.5, Spaces 3 & 4
W.J. MARTIN, SMITHFIELD, UTAH

Plat B, Lot 40.5, Spaces 1, 4, 5 & 6
J.J. MERRILL, (No address provided) 

Plat A, Lot 143, Spaces 10, 11 & 12
STERLING G. NELSON (No address listed)

Plat B, Lot 34, Spaces 5, 10, 14, 15, 16
PETER NILSON (No address listed) 

Plat A, Lot 70, Spaces 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 & 16 PETER NILSON, C/O J. ALMA WRIGHT, SALT LAKE CITY, UTAH

Plat B, Lot 19, Spaces 9, 10, 11, 12 & 13
SAMUEL NEWBOLD, C/O EZRA NEWBOLD, 7530 ARCINE AVE, PARMENT, CA

Plat A, Lot 9, Spaces 1, 4, 13, 14, 15 & 16
ANN M. G. ORCHARD, LEWISTON, UTAH 
Plat A, Lot 216, Spaces 1 & 2 ELMER PAYNE, SMITHFIELD, UTAH

Plat C, Lot 1, Spaces 4, 7, 8, 9, 10, 13, 15 & 16 ELIZABETH PERRY, (No address listed)

Plat B, Lot 45, Spaces 3, 14, 15 & 16
JENS C. PETERSON (No address listed)

Plat B, Lot 50, Spaces 11, 12, 13, 14, 15 & 16 JOHN H. PETERSON, SMITHFIELD, UTAH

Plat A, Lot 98, Spaces 5, 6, 7, 8, 9, 10, 11 & 12 ANNIE P PILGRIM, SMITHFIELD, UTAH

Plat B, Lot 48, Spaces 10, 11, 12, 13, 14, 15 & 16 RIDGEWAY, (No address listed) 

Plat A, Lot 2, Spaces 2, 9, 10 & 11
SAMUEL ROSKELLEY, SMITHFIELD, UTAH

Plat A, Lot 50, Spaces 9 & 10
WILLIAM LEONARD ROSKELLEY, C/O LELAND ROSKELLEY, 631 44TH STREET, OGDEN, UTAH

Plat C, Lot 44, Spaces 2, 13, 14,15 & 16
MARGARET SANT (GEORGE), C/O DAVID SANT, 5645 N WESTSIDE HWY, CLIFTON, IDAHO

Plat A, Lot 146, Spaces 2, 3, 11, 12, 13, 14 & 15 FRANCIS SHARP, C/O DORIS E. ROBINSON, RIGBY, IDAHO

Plat B, Lot 22, Spaces 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12 G. Y. SMITH SR. (No address listed) 

Plat B, Lot 3, Spaces 2, 3 & 4
WANDA SORENSON (No address listed) 

Plat D2, Lot 3, Spaces 5, 6, 7, 8, 10, 11 & 12
THOMAS TAYLOR, ALAMEDA SCROWTHER, (No address listed)

Plat C, Lot 119, Space 5
ROBERT THORNLEY (LYDIA), MCCAMMON, IDAHO


Plat C, Lot 119, Spaces 4 & 14
WILLIAM THORNLEY (EMMA), SMITHFIELD, UTAH

Plat B, Lot 58.5, Spaces 1, 2, 3 & 5
ANDREW TOOLSON (No address listed)

Plat SB, Lot 6, Spaces 8, 9, 12, 13, 14 & 16
DAVID WEEKS SR., C/O NELLIE MOIR, 332 DOWINGTON AVE, SALT LAKE CITY, UTAH 

Plat B, Lot 21A, Spaces 2, 3 & 4 WEEKS, (No address listed)

Plat C, Lot 181, Space 4 SAM J. WEEKS, (No address listed)

Plat B, Lot 51, Spaces 9 & 10 PEARL H. WILMORE, 140 SOUTH 2ND WEST, LOGAN, UTAH

Plat C, Lot 64, Spaces 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16 JOSEPH WOOD, C/O MARY WOOD, PARLEY BINGHAM, 844 RIVERSIDE, SAN JOSE, CALIFORNIA

Plat C, Lot 35, Spaces 1, 2, 3, 4, 5, 6, 7 & 7
LAURA WILSON, NOAH JENKINSON, MARTHA LOOSLI, (No address listed)
	
2.	The Smithfield City Council hereby demands that said owner(s), or their successor(s), file a Notice of Claim to the burial rights in the Block, Lot and Space(s) referenced in Paragraph 1 of this Resolution, with the Smithfield City Recorder.

3.	The Smithfield City Council hereby directs the City Recorder to cause a copy of this Resolution to be personally served on the owner(s) of said burial rights in the same manner as service of process in a civil action, if possible.

4.	The service of a copy of this Resolution on said owner(s) shall constitute notification to the said owner(s)  that he/she/they shall, within 60 days after service of a copy of this Resolution on the owner(s), submit the Notice of Claim required by Paragraph 2 above, to express intent in maintaining the burial rights in said Block, Lot and Space(s) of the Cemetery and shall submit satisfactory evidence of ownership and an intention to so use said Block, Lot and Space(s) for burial purposes.

5.	In the event said owner(s) cannot be personally served with a copy of this Resolution as stated in Paragraph 3 of this Resolution and in Section 8-5-6(2) of the Utah Code, a copy of this Resolution shall be published for three (3) successive weeks in The Herald Journal and on the State public notice website, and a copy of the Resolution shall be mailed to the owner(s)' last known address, if available, within fourteen (14) days after the date of first publication of the Resolution.

6.	In the event said owner(s) or other person(s) with a valid ownership interest in the use of said Block, Lot and Space(s) fail to file the required notice and express or state a valid interest in maintaining said burial rights, with satisfactory evidence of ownership and an intention to use said Block, Lot and Spaces for burial purposes, within sixty (60) days after the date of  personal service of the Resolution on said owner(s), or within thirty (30) days after the last date of publication of this Resolution in The Herald Journal and on the State public notice website, in either event, the owner(s)' or other person(s)' rights shall be terminated and title to the burial rights in that portion of the Cemetery referenced in Paragraph 1, above, shall be revested in Smithfield City, with full rights to reconvey the same to a new owner or owners.

7.	In the event of a reversion to Smithfield City of said owner(s)' title to a burial right in said portion(s) of the Cemetery and the subsequent presentation of a  valid ownership claim by the owner(s), their grantee(s) or other person(s) claiming thereunder by the production of the Certificate of Title  or Right to Burial to the City Recorder for the burial Space(s), which have reverted to the City, said owner(s), grantee(s) or other person(s) shall be entitled to compensation as stated in Utah Code, Section 8-5-8, and as it may be amended.

8.	This Resolution shall take effect immediately upon adoption by the City Council.

ADOPTED AND PASSED by the City Council of Smithfield City, Cache County,  

State of Utah, this 15th day of November, 2017.