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Records transcribed of City of Seattle and King County's deliberate destruction and desecration of the Comet Lodge Cemetery

Ron Sims' recent conversion of this cemetery to an open, dogs run free park is no different than Ray Marsh hiding 786 dead bodies in his barn. The City of Seattle's bulldozing of the cemetery's gravestones should also be prosecuted under Federal statutes protecting Native Nation graveyards.



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The dates are underlined, comments in italic, transcription in type without.

December 1893 I.O.O.F. Articles of Incorporation for Comet Lodge #139 of Duwamish with mention of officers: Noble Grand, H.C.Carson; Vice Grand, E.E. Teachnor; Treasurer, C.S. Maple; Recording Secretary, T.A. Henry; Permanent Secretary, W.W. Wardell; Trustee, ?.P. Rich; Trustee T.B. Rhodes; and Trustee, T.B. Maple.

June 11, 1895 This property became a part of the Maple family estate, and was used to bury family members including Samuel A. Mapel, who at 53 years old died on July 23, 1880; Jacob Maple, who at 86 years died on September 2, 1884 and who was one of the few who may have been disinterred; Jennie Maple, who at 22 years old died on November 26, 1894; and later Ida E. Maple, who at 25 years died on February 21, 1904.  Approximately 25 settlers were recorded to be buried on this land before June 11, 1895. The land before was referred to as the Old Burial Grounds, used by the Duwamish Nation. On this date, A.B. Mapel, the Chairman, President and Grand Noble of the Independent Order of Odd Fellows, and its secretary, T.B. Rhodes, fixed their signatures and corporate seal before a Notary Public, H.A. Bateman, to a "Dedication:" hereby declaring "..."to the use of all owners of lots in this Cemetery" forever the walks and driveways as hereon shown." thereby dedicating and recording with King County this land as a graveyard. Shortly afterward, the Dedication was: "Approved this 24th day of Sept. A.D. 1895. Fred Gasch Chairman Board of County Com's, Attest Nathan Beman County Auditor. No. 142368 Filed for Record at the request of E. Teachnor, on this 24th, day of Sept. A.D. 1895 at 30 min. past 2 P.M. and recorded in Vol. 9 of Plats, page 19. Records of King County, Wash."

May 6, 1908 This dedication recorded a five acre plat with blocks and plots numbered, driveways and walkways drawn. The land was now an officially recorded and, dedicated forever, graveyard. The seller of the plots was the Comet Lodge No. 139 I.O.O.F. Duwamish, King County, Washington. The Cemetery Board of the Lodge sold plots and issued deeds of trust to the families, until 1908. The Lodge and its trustees: Charles Hale(sp), Henry Perry and Lorenzo Brewer, although they never owned the land as later will be attested by the Lodge,  then subdivided the graveyard into two parcels and sold the two parcels and the rights to sell burial plots to one of its members, H.S. Noice. On May 6, 1908 in Volume 575, page 50 of Deeds the warranty deed of the sale was recorded. The sale price was the sum of $1.00.

July 19, 1912 H.S. Noice sold burial plots in this graveyard until July 19, 1912. It is not known if Mr. Noice issued deeds of trust, but it should be assumed that his customers received something to recognize their purchase of particular plots of land. Mr. Noice and his wife, Frances M. Noice, then filed a quit claim deed, 837297, in the presence of M.W. Lovejoy, a notary, deeding the properties to H.R. Corson, a Grand Noble of the Comet Lodge, for the sum of $10.00. This deed was recorded by Lida White Richardson on Nov. 20, 1912, at 55 min. past 2 P.M. with Otto A. Case sp. the County Auditor. For the next few years both Mr. Noice and Mr. Corson sold burial plots within their association with the Comet Lodge.

June 10, 1927 H.R. Corson, and wife Eva S. Corson then subdivided and sold portions of the babies' resting place without vacating, the north half of the Comet Cemetery, to the City of Seattle.
D. Nov. 16-27    1 22                                     2423316       (1373/390)
Jun. 10-27        $1.
HR Corson, and wife Eva S. Corson
to
The City of Seattle, a mun corp.
Fps cy and qc to sp, all int in the fdre--
    A ptn of SW1/4 of SEc 21 tp 24 N R 4 E W M beg at SE cor thef th W 528 ft th N 30 ft to true pob; th W 26 ft th N 280 ft; th E 26 ft; th S 280 ft to true pob in Kcw.
            HR Corson
            Eva S Corson
Kcw Jun 10-27 by HR Corson and Eva S Corson, bef J H Gibson, N P for Wn at Issaquah. NS. Oct. 22-27 (M1 to s a 313)
            .........................
D. Nov.  16-27     1 22                                     2423317     (1374/421)
Jun 10-27            $1
H R Corson and wife Eva S Corson
to
The City of Seattle, a mun corp.

Fp cys and wrs to sp the fdre:
    The folg desc parcels in the SW1/4 of sec 21 tp 24 N R 4 E W M, PARCEL "A" Beg at the SE cor of sd subdivision; th on the S ln thef W 858 ft to the true pt of beg; th N 473.71 ft to a pt of curve to the left; th with rads of 250 ft folg the arc of sd curve in a nwly dir a dist of 95.45 ft to a pt of reverse curve; th with rads of 250 ft folg the arc of sd curve to the rt in  a nly dir a dist of 95.45 ft to a pt on a ln tht is 660 ft N of the true pob; th on sd ln W 30 ft; th S 660 ft; th E 66 ft to the true pt of beg;
    PARCEL "B" Beg at the SE cor of sd subdivision; th on the S ln thof W 528 ft; the N 310 ft to the true pt of geg; th W 330 ft to a pt on E ln of Parcel "A" desc above; th on sd E ln N 20 ft; th E 330 ft th S 20 ft to the true pob;
    PARCEL "C" Beg at the NE cor of Parcel "B" desc above; th on the N ln thof W 166 ft to true pob; th W 20 ft; th N 330 ft; th E 20 ft; th S 330 ft to the true pob;
    PARCEL "D" Beg at the NE cor of Parcel "B" desc above; th on the N ln thof W 26 ft; th N 330 ft; th E 26 ft; th S 330 ft to the pt of beg;
    Parcels "B", "C", and "D" desc above being ptns of vacated Comet Lodge Cemetery in Kcw.

See violations of RCW Statues: 68.24.040, 68.24.070, 68.24.090, 68.24.100,  68.24.160, 68.24.180, 68.24.190, 68.24.220, 68.32.010, 68.36.010, 68.36.020, 68.36.030, 68.36.040, 68.56.010, 68.56.40, 68.56.050, 68.56.070, 68.60.020, 68.60.030, 68.60.060.

July 16, 1927 Ordinance No. 53346 to record deeds from H.R. Corson and Wife, Eva S. Corson selling property from the Comet Lodge Cemetery, property that was never vacated by those entrusted with its preservation, the Comet Lodge, Mr. Noice, and Mr. Corson.

AN ORDINANCE Accepting deeds from H.R. Corson and wife, Eva S. Corson, to the City of Seattle, and laying off 21st Avenue South, 23rd Avenue South and certain public alleys.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

    Section 1. That the deed from H.R. Corson and wife, Eva S. Corson, to the City of Seattle, executed on the 10th day of June, 1927, to the following described property, to-wit:

The following described parcels in the southwest quarter of Section 21, Township 24 North, Range 4 East, W.M.:
Parcel "A": Beginning at the southeast corner of the said subdivision; thence on the south line thereof west eight hundred fifty-eight (858) feet to the true point of beginning; thence north four hundred seventy-three and seventy-one one-hundredths (473-71) feet to a pont of curve to the left; thence with a radius of two hundred fifty (250) feet following the arc of said curve in a north-westerly direction a distance of ninety-five and forty-five one-hundredths (95.45) feet to a point of reverse curve; thence with a radius of two hundred fifty (250) feet following the arc of said curve to the right in a northly direction a distance of ninety-five and forty-five one-hundredths (95.45) to a point on a line that is sic hundred sixty (660) feet north of the true point of beginning; thence on said line west thirty (30) feet; thence south six hundred sixty (660) feet; thence east sixty-six (66) feet to the true point of beginning;
Parcel "B": Beginning at the southeast corner of said subdivision; thence on the south line thereof west five hundred twenty-eight (528) feet; thence north three hundred ten (310) feet to the true point of beginning; thence west three hundred thirty (330) feet to a point on est line of Parcel "A" described above; thence on said east line north twenty (20) feet; thence east three hundred thirty (330) feet; thence south twenty (20) feet to the true point of beginning;
Parcel "C": Beginning at the northeast corner of Parcel "B" described above; thence on the north line thereof west one hundred sixty-six (160) feet to the true point of beginning; thence west twenty (20) feet; thence north three hundred thirty (330) feet; thence east twenty (20) feet; thence south three hundred thirty (330) feet to the true point of beginning;
Parcel "D": Beginning at the northeast corner of Parcel "B" described above; thence on the north line thereof west twenty-six (26) feet; thence north three hundred thirty (330) feet; thence east twenty-six (26) feet; thence south three hundred thirty (330) feet to the point of beginning;

Parcels "B", "C", and "D" described above being portions of vacated Comet Lodge Cemetery;

Note: City of Seattle has been made aware of the existence of this property being a cemetery.

and that the deed from H.R. Corson and wife, Eva S. Corson, to the City of Seattle, executed on the 10th day of June, 1927, to the following described property, to-wit:

Parcel "E": A portion of the southwest quarter of Section 21, Township 24 North, Range 4 East, W.M., beginning at the southeast corner thereof; thence west five hundred twenty-eight (528) feet; thence north thirty (30) feet to the true point of beginning; thence west twenty-six (26) feet; thence north two hundred eighty (280) feet; thence east twenty-six (26) feet; thence south two hundred eighty (280) feet to the true point of beginning;

for street and alley purposes, be and the same is hereby accepted.

Note: City of Seattle's intended use of this property is recorded

Section 2. That 21st Avenue South be, and the same is hereby laid off, opened, extended and established over and across the lands described in Section 1 hereof and designated as parcel "A".
That 23rd Avenue South be, and the same is hereby laid off, opened, extended and established over and across the lands described in Section 1 hereof and designated as parcels "D" and "E".
That public alleys be, and the same are hereby laid off, opened, extended and established over and across the lands described in Section 1 hereof and designated as Parcels "B" and "C".

Section 3 This ordinance shall take effect and be in force thirty days from and after its passage and approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the provision of the city charter.
    Passed by the City Council the 11 day of July, 1927 and signed by me in open session in authentication of its passage this11 day of July, 1927 _______, President of the City Council.
Approved by me this 13 day of July, 1927 _____________, Mayor.
Filed by me this 13 day of July, 1927, Attest ________ City Comptroller and Ex-Officio City Clerk
By ___________ Deputy Clerk
Published Jul. 16, 1927 ___________ City Comptroller and Ex-Officio City Clerk
By ____________, Deputy Clerk.

1938 - present day - the struggle for supremacy of "ownership"

November 29, 1938 Judgement and Decree of Foreclosure and Order of Sale. Superior Court of Washington in and for the County of King. No. 308934 King County vs. M.L. Noice - W 330' of E 858' of S 350' of SE1/4 of SW1/4 Less Sts & Less For Sold For Burial Purposes - Comet Lodge No. 139 I.O.O.F -Cemetery- (123) Sec. 21, TWP. 24, RG. 4, Amount = $155.80. Court ordered that the County Treasurer sell interest in the land (less sold por burial purposes) to highest bidder for delinquent taxes from the years 1930, 1931 and prior.

Note: King County knows that there is a cemetery and contrary to RCW's forbidding foreclosures of cemeteries, they do just that.

December 20, 1938 Judgement and Decree, In the Superior Court of the State of Washington for King County, No. 307798, In re proceeding of the City of Seattle for the foreclosure of delinquent local improvement assessments. v 431 Unknown (Arb. 68-B) S. 345 ft of W. 330 ft of E. 858 ft of S. 1/2 of Sec. 21 of Sec. 21, Twp. 24 N, R. 4 E. W. M. Ex. the S. 30 ft and know as Comet Lodge Cemetery, Ex. por deeded to City. Amount = $23.89. Court ordered that the interest in the land (Ex. S. 30 ft. and the land known as the Comet Lodge Cemetery and Ex. por deeded to the City) be sold by the City Treasurer.

Note: City of Seattle now owns the graveyard, having enacted the same meritless foreclosure as King County.

January 3(?), 1939 Cause No. 3026284, an Indenture between Ralph S. Stacey, Treasurer of King County, and, King County to record Deed No. 13369 in Vol. 1821 page 1, pursuant to Cause No. 308934 Foreclosure and public auction held on Dec. 10, 1938, the sale of W 330' of E 858' os S 350' of SE1/4 of SW1/4 Less Sts & Less For Sold For Burial Purposes - Comet Lodge No. 139 I.O.O.F -Cemetery- (123) Sec. 21, TWP. 24, RG. 4.

?, ?, 1939 Cause #3083963  Vol. 1881 page ?? H. R. Corson granting land to W.H. Corson and Anna Z. Corson

The Grantor W.R. Corson
For and in consideration of Three Hundred Dollars ($300.00)
in hand paid, convey and warrant to W.H. Corson and Anna Z. Corson

the following described REAL ESTATE in the county of King, state of Washington all that portion of the north 310 feet of the south half of the southeast quarter of the southwest quarter of section 21, township 24 north, range 4 east W.M., lying between 21st Avenues South and 23re Avenue South, as said avenues are now established EXCEPT the West 20 feet of the east 160 feet thereof, conveyed to the City of Seattle for an alley by deed recorded under auditor's file No. 2423317(?), records of said County.

May 10, 1941 Local Improvement Assessment Deed, where Herbert L. Collier, Treasurer of the City of Seattle grants and conveys real property pursuant to a public sale on April 22, 1939, pursuant to a Judgement and Decree of the Court on Dec. 20, 1938 the property described as: The south 345 feet of the west 330 feet of the east 858 feet of the south 1/2 of the southeast 1/4 of the southwest 1/4 of Section 21, Township 24 North, Range 4 East W. M., except the south 30 feet and known as Comet Lodge Cemetery, except portion deeded to City in Vol. 1967 page 79.

May 10, 1941 LIA Deed announcement #3164097 by Herbert L. Collier, as treasurer of skcw to The City of Seattle, showing list of properties.

December 21, 1948 Letter to City Council, City of Seattle from Herbert L. Collier.

Honorable Members:

    Attached hereto is file #201042, being communication of Mrs. O.I. Hall regarding restoration of an old cemetery located between 21st and 23rd Avenues South and between Bateman Streets.
    On January 3, 1939, King County took a deed to this land, less any portion thereof sold for burial purposes, know as Comet Lodge No. 139, I.O.O.F. Cemetery. On May 10, 1941, the City of Seattle filed a deed on the property in question, without exception of portions sold for burial purposes - thus the City and the County together own the whole tract. This tract is being held in trust by the City of Seattle for local improvement district #4093 and two other assessments now long past due. The City assessments against this land in the amount of $120.00 and King County's judgement for taxes is $388.11. In the past, the policy of this office has been to resell property to the former owner for the amount of the taxes and assessments against same. In this case, a deed to the former owner could be issued for $500.00.
    We have personally investigated the cemetery and found it to be in a deplorable condition. Graves were sunken, tombstones were scattered here and there, and the brush has overgrown everything with the exception of a few foot paths. It would be almost impossible to estimate the number of graves, but a rough guess would be that there are considerably more than one hundred. If this place should be restored by someone, a blue print of the location of the graves would have to be secured in order to undertake the task. It is estimated that the cost of such a project would run into thousands of dallars.
    The Odd Fellows Lodge Temple Association was contacted. They state that this has been brought up at various times throughout the years and that the present Odd Fellows Lodge is not interested at this time. The Seattle Historical Society was also contacted, and it was found that they are now in the process of raising money for an art museum to house their collection of early Northwest art.
    However, for their official attitude in regards the restoration of this abandoned cemetery, it was suggested that a letter requesting action on same be forwarded to their president, Mr. T. Plestcheeff, for official consideration.

Yours truly, H.L. Collier, City Treasurer
By F. Dan Wolverton, Deputy

Note: City of Seattle Treasurer recording the cemetery's existence and deplorable condition to the City Council

January 23, 1950 Letter to City Council, City of Seattle from H.L. Collier

Honorable Members:

    Attached hereto is file No. 205955, being request of Jefferson Park Ladies Improvement Club, et al., that steps be taken to release back taxes and to provide for upkeep of cemetery at 23rd Avenue South and Graham Street.
    This office has contacted Mr. George R. Drever, County Property Agent, regarding his reaction if the City Council were to request a Treasurer's deed to the above property by offering The County Commissioners $1.00 plus costs of advertising thr the purpose of rehabilitating same. He intimated that he would take a favorable attitude towards the City's offer when the question was placed before him by the County Commissioners for his approval.
   The City assessments could be liquidated by the payment of $80.00 to the city Treasurer, thus divesting the City's trust interest, if any. This would make a total of less than $100.00 to acquire whatever interest the City and County have in this site.
    In our opinion neither the City or County has good title to the whole tract as only unsold lots in a cemetery are liable to local assessments, and the County Assessor cannot assess the portion of a cemetery sold for burial purposes. It would seem advisable to secure an opinion from the Corporation Council as to just what would be acquired by this method if the City is desirous of obtaining this tract.

Yours truly, H.L. Collier, City Treasurer
By F. Dan Wolverton, Deputy

Note: City of Seattle Treasurer advises City of its non ownership and stopping an attempt towards clearing the cemetery

December 27, 1951 Quit Claim Deed granted by Ann Z. Corson for love and affection and $1.00 to John B. Corson with Robert A. Morris King County Auditor under his file No. 4200281 recorded on Jan. 9, 1952 in Vol. 3113 page 2, the following described real estate: The west 330 feet of the East 858 feet of the South 350 feet of the Southeast quarter of the Southwest quarter of section 21, township 24, north range 4, know as Comet Lodge #139 IOOF Cemetery, a plat of which was filled for record in the County auditor's office on September 24, 1895, in Vol. 0, Plats, page 19, this property being bounded on the south by Graham Street, on the north by Bateman Street, on the west by Twenty-first Avenue South, and on the East by Twenty-third Avenue South.

Note: John B. Corson now owns the trust and care of what is left of the cemetery

January 9, 1952 (NOTED ONLY) Cem 4200281 (non-taxable 29502)
Dec. 27, 1951 L and C and $1 Anna Z. Corson to John B. Corson

Fp cy and ce to sp the  fdre inkcw
The W 330 ft of the E 858 ft of the S 350 ft of the SE1/4 of SW1/4 of Sec 21 Tp 24 nr 4 ewm kn as Comet Lodge #139 IOOF Cemetery a plat of wch was fld for rec in the ao of kc Sep 24 1895 in Vol. 9 of plats pg. 19 this prop being bounded on the S by Graham St. on the N by Bateman St, on the W by 21st Ave S and on the E by 23rd Ave S (M1 John B. Corson, 6029 Beach Drive, Seattle) #133409.

April 21. 1954 In Re: Bateman Street Widening

Mr. M.W. Curtis
King County Property Agent
608 County-City Building
Seattle, Washington

Dear Mr. Curtis
    Will you please give us an estimate of cost of acquiring the following-described property for street purposes under the provisions of Charter 238, Laws of Washington:
    The north 20 feet of the south 350 feet of the west 330 feet of the east 858 feet of the southeast quarter of the southwest quarter of Section 21, Township 24 North, Range 4 East, W.M.
    The above-described property is the north 20 feet of the old Comet Lodge Cemetery property on Graham Street between 21st Avenue South and 23rd Avenue South, and is needed for the widening of Bateman Street.

Yours very truly,
W.E. Parker, City Engineer
By Henry R. Berg, Senior Engineer
cc: Mr. Stark, Mr. McMorris

April 30, 1954 MEMORANDUM

To: King County Treasurer
Attention: Miss G. Miick
RE: Tax Title property

   The City Engineering Department wishes to acquire to following tax title property for street purposes under the provisions of Chap. 238, Laws of Washington:
    The north 20 feet of the south 350 feet of the west 330 feet of the east 858 feet of the SE1/4 of the SW1/4 of Sec. 21, Township 24 North, Range 4 East, W.M. (Por. T.L. 123)
    The above described property is the north 20 feet of the old Comet Lodge Cemetery property on Graham Street between 21st Avenue South and 23rd Avenue South, and is needed for the widening of Bateman Street.
    Please furnish the amount of County Equity due.

County Equity $25.00___________
Deed Charges $3.00____________
Total                          $28.00_______
Date:  5/3/54

by: (signed) G. Miick

May 4, 1954 Re: Bateman Street Widening (21st Avenue South to 23rd Avenue South)

The City of Seattle
Department of Engineering
County-City Building
Seattle 4, Washington

Attention: Mr. Henry R. Berg, Senior Engineer

Gentlemen:
    Reference is made to your letter of April 21, 1954, relative to King County tax Title Property required by the City of Seattle for street purposes and described as follows:
    The north 20 feet of the south 350 feet of the west 330 feet of the east 858 feet of the SE1/4 of the SW1/4 of Sec. 21, Township 24 North, Range 4 East, W.M.
    Your attention is directed to the fact that the property is a part of the old Comet Lodge Cemetery and the portion required by the City of Seattle includes the graves or remains of deceased persons buried therein. We have been informed that it will be necessary for a court order to issue authorizing the disinterment of said remains and reburial elsewhere. This requirement will be an obligation of the City of Seattle.
    The County Treasurer has advised us that the County equity for the property required for the widening is the sum of $25.00, plus deed charges of $3.00, making a total of $28.00, a copy of said report being enclosed herewith. Will you please return the statement of the Treasurer when making your application for purchase of the above property.

Yours truly,
King County Property Department
M.W. Curtis, Property Agent

Note: City of Seattle is strongly advised by King County that the property needed for street widening is a cemetery

June 15, 1957 Ordinance No. 86196 to record deed from Marion M. Cline and wife to Seattle of property in the "vacated Comet Lodge Cemetery," or as is recognized at this time, property sold to the Cline by the Corsons.

AN ORDINANCE accepting a deed from MARION M. Cline, and wife, to a portion of the south one-half of the southeast on-quarter of the southwest one- quarter of Section 21, Township 24 North, Range 4 East, W.M., for street purposes, and laying off 22nd Avenue South.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
    Section 1. That the deed executed on May 14, 1957, by Marion M. Cline and Verna M. Cline, his wife, conveying to the City of Seattle, the following described real estate situate in Seattle, King County, Washington, to wit:

Portion of the north 80 feet of the south one-half of the southeast one-quarter of the southwest one-quarter of Section 21, Township 24 North, Range 4 East, W.M., lying between the east line of the alley as established by Ordinance No. 53346 and the same produced and the production south of the east line of 22nd Avenue South as established by Ordinance No. 66649; together with the right to make all necessary slopes for cuts or fills upon the abutting property in the reasonable original grading of the street to be established over and across the lands described above,

be and the same is hereby accepted for street purposes.
     Section 2. That 22nd Avenue South be, and the same is, hereby extended and established over and across the lands described in Section 1 hereof.


    Section 3 This ordinance shall take effect and be in force thirty days from and after its passage and approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the provision of the city charter.
    Passed by the City Council the 27 day of May, 1957 and signed by me in open session in authentication of its passage this 27 day of May, 1957 _______, President of the City Council.
Approved by me this 29 day of May, 1957 Gordon S. Clinton, Mayor.
Filed by me this 29 day of May, 1957, Attest ________ City comptroller and City Clerk
Published Jun 15, 1957 By W.A. Perine, Deputy Clerk.

Note: City of Seattle's intended purpose for the cemetery property is recorded

January 25, 1959 letter to the Board of King County Commissioners

Dear Sirs:
    We are writing you regarding an abandoned cemetery on Beacon Hill which for years has been a serious problem. There has been no burials there for many years and many which have been buried there have been removed to Cemeteries with Endowed Care.
    That you may know who we are and why the interest in this Cemetery as well as our reason to discuss the matter with your Board, we would like for you to know a little of the earlier history of this property. First, we are a committee appointed by the Grand Lodge of Washington and Alaska for the purpose of assisting any Lodge in this jurisdiction in the operation of their cemeteries, to work with the Washington State Board of Cemeteries, especially endowed care property, in the investment and protection of these funds.
    Each member of this Board are thoroughly experienced in the operation of cemeteries and you will find attached a list of these members and we invite the investigation of any or all of these men. We also want it thoroughly understood that we in no way assume any liability for the care of this property but are merely offering assistance in clearing up this matter and ask for the cooperation of your board and the City of Seattle.
    This cemetery was originally started by the now Defunct Comet Odd Fellows lodge #139 shortly after 1900. There have not been many burials there in the past forty five years. The whole area is covered by trees and undergrowth. Most markers are misplaced or lost entirely. Those, including City and County officials who in past years have endeavored to find a solution to this problem have given up, considering it too big a problem.
    We have given this matter considerable study and have obtained much information and now believe we have the proper solution. The bodies that are buried there would be removed to endowed care property with a suitable memorial listing all names and dates. We feel the cost of this could be recovered by the sale of this property after the removals, clearing and leveling are complete. In order to do this we must be able to clear title which has apparently been complicated by efforts of the City and County to take possession of it in the past.
    We would like to meet with you and discuss further, this whole matter. Some of the older county employee's could also give you additional information. If possible a late afternoon appointment would be preferable to us.

We sincerely thank you for the consideration of this matter.

Respectfully, Robert J. Taylor
Members of the Grand Lodge Odd Fellows Cemetery Endowment Care Committee
Chairman
Ed Reitan - Hilcrest Burial Park, Mgr. Kent, Wash.
Martin Christensen - Odd Fellows Cemetery Mgr. Olympia, Wn.
Dale Barnett - Odd Fellows Cemetery Monroe, Wash.
Frank Piper - Memorial Gardens Kelso, Wash.
Ernest Badgely - Terrace Heights Memorial Park Yakima, Wash.
Robert J. Taylor - (Licensed embalmer and Funeral Director) Many years chairman of the City of Auburn Cemetery Board. auburn, Wash. (Now resident of Bellevue) Past Grand Master I.O.O.F. Wash. and Alaska. Advisor - Secretary of this committee. Phone GL$-4797 Bellevue

Note: Opportunistic Lodge members surface to sell property again and put houses on graves

February 6, 1959 Letter to Mr. Harold Fitts, Acting Property Agent, Building

Dear Sir:
    Attached will be found a communication from the Independent Order of Odd Fellows by Mr. Robert J. Taylor, with reference to an abandoned cemetery on Beacon Hill which for years has been a serious problem since there have been no burials there for many years and many who were buried there have been removed to cemeteries with endowed care; said communication offering the services of its committee to assist in clearing up this situation and asking the cooperation as well as the City of Seattle.
    The Board of County Commissioners in regular session on February 2, 1959, on motion, referred this letter to the Acting Property Agent with instructions to discuss it with Mr. Taylor and report to the Board.
    The letter is attached and should be returned with your report.

Very truly yours,
Board of County Commissioners
Robert A. Morris, Clerk of Board
by Ralph R. Stender, Deputy
cc: Independent Order of Odd Fellows, c/o Mr. Robert J. Taylor, 2054 Evergreen Point Road, Bellevue, Washington

Note: The last burial was twenty years prior to this letter and less than ten remains are recorded as having been removed.

February 25, 1959 Letter to I.O.O.F.

The Grand Lodge of the Odd Fellows
Attention of the Committee interested in the old Comet Lodge Cemetary on Beacon Hill, Seattle, Washington

Gentlemen:
    I have a clipping from a recent edition of the Seattle Post-Intelligencer. It was sent to me because I am one of a group of heirs that owns the property.
Comet Lodge No. 139 sold the property to my father, H.R. Corson.
    The property was put up for sale as tax title property some years ago but was withdrawn from the sale on the advice of the Corporation Counsel who then stated that the property belonged to H.R. Corson and as a cemetery it could not be seized for taxes.
A title insurance company agreed to insure title in case we could find a buyer.
    We certainly do not desire to interfere with your plans. In fact we would like to cooperate for the purpose of making the land available for residence, or other use.
I have discussed price with the other heirs and we have agreed to sell the property, as is, for $7,500.00. That amount to be over and above all costs.
    David Hamlin, attorney, Coleman Building, Seattle, did a little research for us and apparently had no doubt of being able to clear our title, but the costs of making the land available were difficult to estimate.
    Mr. Marian M. Cline, builder, lives on 23rd across from the cemetary and owns land around there on which he is building homes for sale. He had a plan several years ago which might be used. He offered to pay us a fair price if (1) we would deed the property to the Seattle park Department and if (2) the Department would improve the area as a park. This plan fell thru because the Park Department did not agree. I was informed that funds were not available.
Other plans have been conceived but all have thus far failed. We hope that you can accomplish something and will be glad to work with you.
    I am sending copies of this letter to King County Commissioners, King County Property Agent, Corporation Counsel of Seattle, and Seattle Park Department.
    The heirs are scattered from South California to here but I am in touch with them and have limited authority to speak for them.

Sincerely, Kenneth P. Corson
Address: Rt. 8, Box 197A, Olympia, Washington

Note: Corson family member again selling property he doesn't own.

March 11, 1959 Newsclipping: A Father's Devotion and Neglected Graves, Seattle PI, Frank Lynch

March 19, 1959 Letter to King County Board from acting property agent

To the Honorable
Board of County Commissioners
402 County-City Building
Seattle 4, Washington

Dear Sits:
   In reply to your referral of a communication from Robert J. Taylor, of the Independent Order of the Odd Fellows Lodge, in regard to disposition of the abandoned cemetery on Beacon Hill, formerly owned by the Comet Lodge, I herewith report the findings of my investigation.
    First, King County's interest in this property is one of a very minor and controversial nature, making any disposition fruitless. King County foreclosed on the property for non-payment of taxes, but the only portion of the property affected by the foreclosure is the portion where no graves exist, and there would be considerable opposition to the removal by any person or persons, from friends and relatives of those buried in this cemetery.
    State Laws governing the removal of bodies from graves of abandoned cemeteries, for purposes other than highways, are vague, and precedents are few. Action in this regard is beyond the realm of feasibility.
    The Fee interest in the property is claimed by H.R. Corson of Olympia, which ownership claim has some merit.
    In conclusion, I recommend that your Honorable Board take no action on the request of the Odd Fellow Lodge, for reasons stated, and they be so notified.

        Respectfully submitted,
        King County Property Department
        Harold E. Fitts
        Acting Property Agent

Note: King County recommends that the cemetery remain abandoned

March 25, 1959 Letter to IOOF and Mr. Taylor

Independent Order of Odd Fellows
2054 Evergreen Point Road
Bellevue, Washington

ATTENTION: Mr. Robert J. Taylor

Gentlemen:
   A report has been filed by the King County Property Agent on a communication from the above named regarding the disposition of the abandoned cemetery on Beacon Hill formerly owned by the Comet Lodge, stating that King County's interest in this property is one of a very minor and controversial nature, making any disposition fruitless.
    King County foreclosed on the property for no-payment of taxes but the only portion of the property affected by the foreclosure is the portion where no graves exist and there would be considerable opposition to the removal by any person or persons from friends and relatives of those buried in this cemetery. The report recommends that no action be taken on this request.
    The Board of County Commissioners in regular session on March 23, 1959, on motion, concurred in the recommendation and ordered the report placed on file.

Very truly yours,
Board of County Commissioners
Robert A. Morris. Clerk of Board
By Ralph R. Stender, Deputy
cc: Property Agent

Note: King County's ownership is very minor and controversial, but they still exercise their authority to prevent anything being done to rescue the grounds from sinking further.

June 25, 1960  Ordinance No. 89356 to record deed from Crawford & Harwood Construction Co., Inc., to Seattle of property in the "vacated Comet Lodge Cemetery," or as is recognized at this time, property sold to the corporation by the Corsons.

Note: Cemetery was never "vacated"

AN ORDINANCE accepting a deed from Crawford & Harwood Construction Co., Inc., to a portion of the southwest one-quarter of Section 21, Township 24 North, Range 4 East, W.M., for street purposes, and laying off 22nd Avenue South.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOW:

Section 1. That the deed executed on May 26, 1960, by Crawford & Harwood Construction Co., Inc., a Washington corporation, conveying to the City of Seattle the following described real estate, situate in Seattle, King County, Washington, to-wit:

Portion of the South 50 feet of the north 130 feet of the south on-half of the southeast on-quarter of the southwest one-quarter of Section 21, Township 24 North, Range 4 East, W.M., lying between the east line of the alley in said subdivision, as established by Ordinance No. 53346, and the production south of the east line of 22nd Avenue South, as established by Ordinance No. 86196; for street purposes; together with the right to make all necessary slopes for cuts of fills upon the abutting property in the reasonable original grading of the street to be established over and across the lands described above;

be and the same is hereby accepted for street purposes.

Section 2. That 22nd Avenue South be and the same is hereby laid off, opened, widened, extended and established over, through, across and upon the lands described in Section 1 hereof.

Section 3 This ordinance shall take effect and be in force thirty days from and after its passage and approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the provision of the city charter.
    Passed by the City Council the 13 day of June, 1960 and signed by me in open session in authentication of its passage this 13 day of June, 1960 _______, President of the City Council.
Approved by me this 15 day of June, 1960 Gordon S. Clinton, Mayor.
Filed by me this 15 day of June, 1960, Attest ________ City comptroller and City Clerk
Published Jun 25, 1960 By W.A. Perine, Deputy Clerk.

Note: City of Seattle records its intended use of cemetery property

July 17, 1968 That being a "Photo Copy made from Original 7-17-69" of property map with handwritten notes from a later date, all showing that the property known as the "1st tract" had not been subdivided by the Corson family at this time. (attachment is later map of area)

May 18, 1970

LIMITED LIABILITY REPORT

Refer to:
Number: B-911350
Unit: 10

King County Property Management
5th floor King County Court House
Seattle, WA 98104
Attn: Al Beauchamp

Date: May 18, 1970 at 7:30 A.M.

This is a report as of the date shown above, showing the record title is vested in
Hiram R. Corson, a widower

Covering the following property:

Beginning at a point on the south boundary line of section 21, township 24 north, range 4 east, W.M., in King County, Washington, 32 rods west from the southeast corner of the southwest quarter of the said section 21; running thence north 345 feet; thence west 330 feet; thence south 345 feet to the south boundary line of said section 21; 330 feet to the place of beginning, being all of the part of the plat of Comet Lodge Cemetery No. 139 I.O.O.F., according to the plat recorded in volume 9 of plats, page 19, in King County, Washington, lying south of a line drawn parallel to and 345 feet noth of the south boundary line of said section 21, except thos portions of said premises conveyed by H.R. Corson and Eva S. Corson, his wife, to the City of Seattle by deeds recorded in volume 1374 of deeds, page 421 and volume 1373 of deeds, page 390, under auditor's file No. 2423317 and 243316, respectively.

Subject to:

1. Right, title and interest of John B. Corson grantee in deed dated December 27, 1951; recorded January 9, 1952 under auditor's file No. 4200281, executed by Anna Z. Corson. Said grantor had no record interest in said premises.

2. Right, title and interest of Corson Williams, distributee of an undivided 1/3 interest of said premises, disclosed by proceedings had in King County Probate cause No. 140330, in the matter of the estate of Eva May Williams, deceased, said decedent had no record interest in said premises.

3. Right, title and interest of the City of Seattle under L.I.A. deed dated May 10, 1941, recorded May 10, 1941 under auditor's file No. 3164097, executed by King County Treasurer who purportedly acquired title pursuant to a real estate tax foreclosure upon said premises and an order of sale issued by King County Superior Court in cause No. 308934. We question validity of said foreclosure because of set up of prior corporate owner under inc. 133409.

4. By proceeding had in King County probate cause No. 140330, in the matter of the estate of Eva May Williams, deceased, the vestee herein is deceased, we find no record of probate of said vestees estate, and are unable to determine questions arising due to the lack of said probate.

5. Conditions, limitations, obligations and rights arising of existing by reason of dedication of said premises as a cemetery.

6. Rights of sepulcher in burial lots in said cemetery by reason of sale, conveyance or designation or appropriation to any person or family.

7. Judgment for the amount herein sated and any other amounts due.
Creditor:            Queen Fisheries, Inc., a corporation,
                            E. H. Bendiksen and Jane Doe Bendiksen, his wife
Debtor:                 C.B. Williams
Amount:                 $25,027.85 together with costs
Dated:                     February 8, 1968
Entered:                 March 8, 1968
Judgment No:        2135
Case No.                 671429
Attorney for creditor: Richard S. White
the lien of said judgment depends upon the identity of the judgment debtor with Corson Williams

General taxes are shown as exempt on the general tax rolls for the year 1970

This report is restricted to the use of the addressee, and is not to be used as a basis for closing any transaction affecting title to said property, liability of the company is limited to the compensation received therefor.
by D.L. Hamlurlin, authorized signatory

June 16, 1970 Letter to King Co. Property Mgmt. from Office of Citizen Complaints

Mr. Chris Loutsis, Manager
Office of Property Management
BUILDING, Room E-531

Dear Chris:

I was advised by Al Beauchamp on  May 18, 1970, that he had ordered a title report on the abandoned cemetery at 23rd South and South Graham Street. If you recall, this came about on a complaint received from Mrs. Leslie Reidt.

Would you please advise me of the disposition of this case at this time.

Very truly yours,

William V. Kirk
Acting Director
Office of Citizen Complaints

Note: King County's response to complaints concerning their stewardship of cemetery

July 6, 1970 Letter to  Office of Citizens Complaints from King Co. Property Mgmt.

William V. Kirk, Acting Director
Office of Citizens Complaints
BUILDING

Re: Comet Lodge Cemetery

Dear Sir:
This office has made an investigation into the ownership of certain lands commonly known as the Comet Lodge Cemetery (IOOF).

It appears from the attached title report (B-911350), that the heirs of Hiram B. Corson are in title. Any interest that may have been acquired by King county under Tax Foreclosure, shown at paragraph three of said report, is now held of record by the City of Seattle. King County has no interest remaining in subject lands.

Permission for general clean-up should be obtained from the City of Seattle.

Very truly yours,

Chris J. Loutsis, Manager
Property Management Division

cc: John Porter, John Spellman
attachment: title report

Pioneer National Title Insurance Company
719 Second Avenue, Seattle, EA 98104 682-6600

Note: King County and Pioneer National Title both stating that King County and City of Seattle have no interest in cemetery.

April 6, 1972 Letter to V.F.W. Post from King County Property Management

Mr. Frank Anderson
Glendale White Center
V.F.W. Post 3075
759 South Michigan
Seattle, Washington 98108

Re: Ownership of Comet Lodge Cemetery

Dear Sir:

This office has made an investigation into the ownership of certain lands commonly known as the Comet Lodge Cemetery (I.O.O.F.).

It appears from our title search that the heirs of Hiram B. Corson were in title. Any interest that may have been acquired by King County under tax foreclosure is now held of record by the City of Seattle. King County has no interest remaining in subject lands.

Permission for general clean-up should be obtained from the City of Seattle.

Very truly yours,
Chris J. Loutsis, Manager
Office of Property & Purchasing

Note: Once again King County admits no interest in Comet Cemetery.

March 29, 1979 Handwritten note signed C.A. Custer

3 tracts of land were conveyed to H.S. Noice by the following trustees of the Comet Lodge: Charles Hale(sp), Henry Perry and Lorenzo Brewer, tow displayed as tracts 1 & 2 on accompanying sketch conveyed fee simple, no liens or encumbrances.  AFN 548530(C49-13) and tracts 3 or said sketch a QC of all interest, a free & voluntary act for the purposes & uses mentioned (not recorded in the instrument although H.S. Noice recorded other instruments the same date and took a mortgage from the Lodge) AFN 548531 (875-50) both 5-9-08 record.

On 11-20-12 was record a QC, AFN 837297 (829-321) from H.S. Noice et ux to H.R. Corson subscribing the three tracts and creating the above numbers, tract 3 being all that part of Comet Lodge S of a line 345' W of Sln of Snl (not legible) sec. This instrument conveys "together with and all singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining and all of the reversion and reversions, remainder and remainders, rents, issues and profits ...to have and to hold, all and singular the said premises together with its appurtenances unto said party of the second part and to his heirs and assigns forever."

The family of Lorenzo Brewer remains civicly interested, as was the intervening generation and I believe in the same home as in 1908, and Lawrenzo W. Brewer at 616 Lucile St may have or has knowledge of any records of Comet Lodge.

A number of residents in the vicinity of the cemetery were there before 1912. Perhaps the best witness of events involving the cemetery would be Mrs. Teresa Chapin at 5571 20th Ave S. I do not believe any of the survivors was close to the Corson family.

It is my memory that in 1936 the cemetery was in the condition that it is now or worse.

C A Custer 3-29-79

June 8 & 12, 1979? Site inspection w/4 Market Data sheet for comparable sale by same

Subject Comet Lodge Cemetery, No. 139

SW 21-24-4 Tax lot 241

Legal Description: W 330 ft of E 858 ft of S 350 ft of SE1/4 of SW1/4 21-24-4  less Sts, Comet Lodge No. 139 IOOF Cemetery

Zoning RS 5000

Dimensions: 300 x 280 = 84000
                       20 x 144  = 2880
                       20 x 136  = 2720
                                      89600 = 2.05 Ac

Site Inspection: June 8 June 12

Inspection: Rectangular shaped tract, gently sloping upwards toward the north. Has view of territory (Boeing field and south). Cemetery has not been used recently - Overgrown with vegetation and blackberry bushes. Paved streets on 3 sides of cemetery. No sidewalks, curbs or gutters. All utilities are available to the site. Has good access and also close to I-5. Talked to home owner across street brom cemetery. Much vandalism of the graves have occurred. On inspection of the cemetery - headstones have been displaced - question where the graves are. One gravesite has been dug up. Counted 12 headstones - could not inspect the total area - too much vegetation - So don't know if there are any more gravesites.

This parcel would be excellent as a residential tract if there wasn't the gravesites. Did not research the cost of relocating the gravesites.

Note: Either King County or the City of Seattle conducted a comparable market study to see if it would be worth the effort to put land on the tax roles.

September 4, 1979 City of Seattle Law Department to Department of Community Development

Mr. Darel E. Grothaus
Director
Department of Community Development
City of Seattle

RE:  Comet Lodge Cemetery

Dear Sir:

You have asked several questions concerning Comet Lodge Cemetery located near 22nd Avenue South and South Graham Street. The cemetery was created by the plat thereof filed September 24, 1895 - before the incorporation of Georgetown January 24, 1904. Except for the occasional work of civic organizations, upkeep of the cemetery has been neglected for many years. in recent years the state of disrepair has been such as to prompt nearly annual letters to the City from a frustrated community anxious to see the situation improved.

We will restate and answer your questions in the order submitted and conclude with or recommended course of action.

Question One "determine the legal owner of the site"

Except for the individual grave plots already sold (this may be all - CF 108300) the ownership of Comet Cemetery has devolved by operation of law upon the heir of heirs of H.P. Corson. Among such heirs the interest of Anna Z. Corson has devolved by Quit Claim upon John B. Corson by 1952 action. In 1959 Kenneth P. Corson claimed power to sell the cemetery to the I.O.O.F. Between 1952 and 1970 John B. Corson made no grant of his interest which was recorded in the records of King County. Some shadow remains as of this time, as to the title to the cemetery within the Corson family. The Engineering Department Abstract Section reports that the will of H.P. Corson was not filed in King County.

The owners of the individual grave plots are the heirs or successors of the original purchasers whose names are presumed to be in the cemetery records wherever the same are located. County real estate tax and city local improvement district assessment foreclosures did not affect these ownerships which are exempted from such foreclosures by Rem. Rev. Statutes, Section 3760, now RCW 68.24.220, and whether or not the plot is "occupied".

At our request Mr. Charles Custer of the Engineering Department Abstract Section, a Georgetown native familiar with the Corson role in the community, has drafted forms of letters to the Corson heirs seeking more information about the cemetery. It is suggested that your department communicate with the heirs in the suggested or similar vein.

We may then learn that there are four categories of title:
(1) sold and/or occupied plots
(2) the interests in common of all plot purchasers in the areas identified on the plat (Volume 9 of Plats, Page 19) as walks and driveways
(3) unsold plots, if any
(4) the residual interest of the plattor and successors in category (2) land.

We will retain our extensive notes and research data until you have a response to the Corson letters and have made an effort to locate the cemetery records. Until we have such information the names of the legal owners in the site cannot be determined.

Question Two "determine what actions may be necessary to clear the various titles"

At this time we do not know that anything at all is necessary "to clear the various titles." The problem is to learn who holds the various titles. We have already addressed that issue in our response to Question One.

However, reading Question Two as a request for suggestions as to what should be done next we suggest:
(1) The determination of the fee interest to the cemetery within the Corson family should be made.
(2) It is highly desirable that the City locate, copy, and file duplicates of all records of sale and occupancy within the cemetery as it has at various times been bounded both to determine such knowledge for use in event of of any future action and to protect established rights to City streets.
(3) Further, it would be desirable for the City to obtain the twenty foot strip of tax title land adjoining "South Bateman Street" to the north in order to extend its system of streets.

Question Three "determine who is liable for any injury occurring on the site"

The City is not; whether the owners of any of the various interests in the site would be is entirely dependent upon the circumstances surrounding any injury. Proof of liability could be very difficult to establish in any event.

Question Four "determine who is liable for site maintenance and if the City can and should assume that responsibility"

Liability for site maintenance is probably lodged in the owners of the site(s). It may be that if the cemetery records can be found some intended plan for meeting the cost of maintenance will be revealed even though it has admittedly gone awry.

Whether or not the City can and should assume the responsibility for maintaining the cemetery is a question of policy. In this connection we are attaching a copy of a memorandum prepared by Donna Leong of our staff in which she has outlined and discussed six possible mechanisms by which the City can obtain control of the cemetery.

We have learned that State Representative Richard Barnes, 33rd District, is a cemetery "buff" and may be able to give you names of other groups who would join in an effort to explore the availability of federal financial assistance with the abandoned cemetery problem.

We will now set this matter aside pending receipt of copies of the responses to the Corson letters and a decision by your department as to the course of action, if any, you wish to pursue.

Very truly yours,
Douglas N. Jewett
City Attorney
by G. Grant Wilcox
Assistant

enclosures

Note: City of Seattle recognizes ownership rests in hand of plot deed holders and it is their responsibility to maintain the cemetery, but the City nevertheless would like more of its property to build wider streets.

September 18, 1979 Handwritten notes of investigation. Source unknown.

Telcom w/Grant Wilcox (625-2402) re: Comet Lodge. He'll put me in touch with Charles Custer (625-2375), City Engineering.

Met with Custer at 3:30. He's a Georgetown native and well versed in the background of Comet Lodge. County's foreclosure probably good as to 50' of S 60' of cemetery and N 20 feet of cemetery. This land abuts the streets of 23rd and Bateman, respectively. Perhaps investigation of this tax title property from the Plat (lots 3 and 4 of Blocks 91-100 and Blocks 171 and 193), will confirm our assumption that this is County land.

All other Lots in the cemetery (unless proved to the contrary) should be assumed to be occupied or sold for burial purposes. Such costs of removal would be prohibitive and contact of the owners' heirs would be extremely difficult. The above tax title land was vacated in 1936 by Ordinance 53697 of City of Seattle.

In 1950 records to Comet Lodge Cemetery existed. There are no records to be found. A key to this mystery may be H.R. Corson's will. Cuter will check if it is in Olympia. Grant Wilcox per memo put the problem in the lap of City Office of Community Development (i.e. City Council)

(signed) T McD



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