The Conservative (Nebraska City, Neb.) 1898-1902, January 05, 1899, Page 14, Image 14
14 The Conservative. MOUTON PAIIK. STATE OP NEBRASKA. To All Whom Tlicso Presents Shall Conic , Grot-ting : Whereas , in pursuance and by virtue of the act of the Legislative Assembly , in such case made and provided , there was on the 18th day of February , A. D. , 1888 , at a public sale of com mon school lands of the state of Nebraska , after full forty days' notice of such sale having iirstbeen published.aceording to law.struek on to.T. Sterling Morton.of the county of Otoe , and state of Nebraska , ns the purchaser thereof , all the tract or parcel of land hereinafter par ticularly mentioned and described , at and for the aggregate price of forty-six hundred del lars. And Whereas , the said J. Sterling Morton lias fully paid to the proper receiving ofllcer for the state of Nebraska , the said sum , of forty-six hundred dollars , the said sum being the whole amount of purchase money bid by him for the said tract or parcel of land herein after described. Now , Know Ye , that the said state of Ne braska , in pursuance Of the provisions of the act of the Legislative Assembly aforesaid , and in consideration of the premises aforesaid , and of the aforesaid sum of forty-six hundred dollars lars , to the said state of Nebraska paid , doth by these presents grant , bargain , sell , convey and confirm , in fee , unto the said .T. Sterling Mor ton , his lieirs and assigns , all the said tract or parcel of land situated in the county of Otoe and state of Nebraska , and described as fol lows , to-wit : Commencing at the west line of the north west quarter at a point ( .28) ) twenty-eight rods south of the northwest corner of said quarter , running east (80) ( ) eighty rods , thence south ( -10) ) forty-six rods , thence west (80) ( ) eighty rods , thence north ( JO ) forty-six rods to the place of beginning , being in the northwest quarter of Section (8) ) eight , Town (8) ( ) eight , Range (14) ( ) fourteen , east of the ( ith Principal Meridian , and containing (23) ( ) twenty-three acres , more or less. To have and to hold the said premises and parcel of land above particularly described , with the appurtenances thereon , unto the said T. Sterling Morton , his heirs and assigns , in fee simple , forever. In Witness whereof I , the governor of the state of Nebraska , have hereunto signed my name and caused the great seal of the state to be hereunto alllxed this 27th day of February , A. D. 1888. By the Governor : JOHN M. THAYER. G.L. LAWS , Secretary of State. [ SEAL. ] By B. R. Cowdery , Deputy. ATTEST : JOSEPH SCOTT , Commissioner of Public Lands and Buildings. Recorded B , page 511 , Letter II , ofllco State Land Commissioner. DEED OF TRUST. J. Sterling Morton , to DeForest P. Rolfe , ' Mayor , in Trust. Filed for Record Ap ril 6th , 188SI , at 10 o'clock A. M. This indenture , made and executed this 29th day of March , 1889 , by and between J. Sterling Morton of Arbor Lodge , county of Otoe , state of Nebraska , party of the first part , and DeForest - Forest P. Roue as mayor of the city of Ne braska City , in trust , of Nebraska City , county and state aforesaid , party of the second end part , Witnesseth , That the said party of the first part for and in consideration of the premises , the implied covenants of the grantee herein named , has given , granted and conveyed and by these presents does give , grant and convey unto the said imrty of the second part and to his successors in olllco forever in trust as here inafter mentioned for the uses and purposes hereinafter stated the following described tract or parcel of land lying in said county of Otoo , state of Nebraska , known as Morton Park , according to the plat thereof now on file in the ollico of the Register of Deeds for said county , otherwise described as lot three (8) ( ) , in the subdivision of the northwest quarter of the northwest quarter of Section eight (8) ) , in Township eight (8) ( ) , Range fourteen (14) ( ) , east , containing twenty-three (2J ( ) acres , more or less. To have and to hold the same unto the said DeForest P. Rolfe , his successors in office , in trust for the city of Nebraska City and upon the conditions following and only so long as the said conditions and each of them shall bo strictly complied with by the said party of the second part , his successors aforesaid or by said city , to-\yit : That the said park shall continue forever and be named and known as Morton Parlc and the names of all the drives , walks , paths and road ways therein and their location and the plan thereof in perfect entirety as now platted and recorded as aforesaid shall remain unchanged. That no malt , spirituous or vinous liquors shall bo sold or exposed for sale , or gratuitously distributed on said premises. That all relig ious sects of what denomination soever shall have equal rights and privileges in the use and enjoyment or said premises and every part thereof. That no paths , drives or walks or other openings giving access to said park on the norm side thereof shall be permitted , ex cept the owner or owners of the realty adjoin ing said park upon the north shall first opener or cause to be opened and dedicated to the publjc forever a legal roadway at least sixty (00) ( ) feet in width , immediately north of the north line of said park and running or extending the entire length of the said north side thereof. That the said lands shall bo used exclusively for the purposes of a public park for the said city , and shall be properly cared for , protected and maintained by said city as such park and for such purpose according to the letter and spirit hereof. ' PROVIDED , HOWEVEH , and this conveyance is upon the express condition as aforesaid , that in ease the said party of the second part , or his successors in ofllce , or in ease the said city of Nebraska City shall fail to comply with each and every of the conditions herein contained then and in that case these presents shall be come void and the said premises , together witli all the improvements thereon , witli appurten ances , shall revert to the said party of the first part , his heirs and assigns forever. This conveyance is made without money consideration and the acceptance hereof by the said party of the second imrt and the city council of the said city shall bind the said city firmly to the compliance of the conditions hereinbefore named which are to be legally construed as covenants running witli the land made by the said city to the said party of the first part. A plat of the said described tract showing the drives , avenues , etc- . , with their names is hereto annexed. The title to said premises shall not vest in the said trustee until the city council of the said city of Nebraska City _ , by resolution shall have legally accepted this deed of gift with conditions subsequent and caused a duly auth enticated copy ot said resolution of acceptance to bo attached hereto as a part of this instru ment and the whole filed for record in the office of the Register of Deeds aforesaid. In testimony whereof the said party of the first part has Hereunto set his hand and seal at Nebraska City date first herein written. J. STHHMM ! MOHTON. In presence of L. F. DEGETTE. The State of Nebraska , County of Otoe. On this 29th day of March , 1889 , before me , L. F. DeGette , a notary public duly appointed , commissioned and qualified for and residing in said county personally appeared J. Sterling Morton , widower , to me known to be the ident ical person described in and whoso name is af fixed to the foregoing conveyance as grantor and he acknowledged the said instrument to bo his voluntary act and deed. In testimony whereof , I have hereunto set my hand and afiixed my notarial seal at Ne braska City in said county. ) ' * > L. F. DEGETTE , j SEAL. | Notary Public. At a regular meeting of the council of the city of Nebraska City held at the council chamber in said city on the first day of April , 1889 , present , D. P. Rolfe , mayor , and the fol lowing named members , to-wit : Geo. F. Kre- gal , Robt. Payne , Geo. W. Eiser , David Brown , Calvin Chapman and E. S. Hawley , and the fol lowing resolutions were adopted by the vote as indicated. Jlaxolvcd : First , that the city of Nebraska City accept and does hereby accept the deed of gift of J. Sterling Morton of Morton Park as the same is laid out , named and platted under the conditions thereto attached. Second : That a copy hereof bo attached to said deed and filed for record therewith. Upon call of the council the same wen ; adopted by the following vote : yeas Kregal , Payne , Eiser , Brown , Chapman and Hawloy. D. P. ROLFE , Attest : Mayor. ToUN .T. TKTKN , C'ity Clerk. The State of Nebraska. ( . . . . County of Otoe. j ss > I , John J. Teten.eity clerk of Nebraska City , Otoc county , Nebraska , hereby certify the foregoing to be a true and correct copy of the resolutions adopted by the city council of Ne braska City at a regular meeting of thocouncil held April 1st , 188(1. ( In testimony whereof , I have hereunto set my hand and affixed the seal of said city this 4th day of April , A. D. , 1889. , . JOHN J. TETEN , j SEA I , . { City Clerk. The State of Nebraska , ( County of Otoe. j H I , Charles C. Brant , register of deeds , within and for said county , do hereby certify that the annexed and foregoing is a t rue and correct copy of the Deed of Trust from J. Sterling Morton to DeForest P. Rolfe , as mayor of Nebraska City , conveying to the said DeForest P. Rolte , as such mayor , and his successors in oftlee , in trust for said city of Nebraska City , the tract or parcel of land known as "Morton Park , " as the same appears of record in Deed Record number twenty-five (25) ( ) on page three hundred and seventy (870) ( ) thereof. In witness whereof , I have hereunto set my hand and afilxed my official seal at Nebraska City , this Sard day of December , 1898. CHAS. C. BitANT , Register of Deeds. HIGHLY DEVELOPED FRUIT FARM FOR SALE. My highly developed , home FRUIT FARM , located in extreme southeast Nebraska , immediately on west bank Missoiiri river , where crops of all kinds have never failed. No better fruit land and environments anywhere ; pays a handsome profit. Declining years and inability to give personal attention only reason for selling. Detailed description , price , etc. , address , ROBT. W. FURNAS , Brownville , Nebraska. i Let us figure M % with you on \ your PRINTING. MORTON PRINTING CO. , NEBRASKA CITY , NEB. THE SECRETARY SOMETHING NEW IN PLOWS Plowing and Subsolllng In one Operation. Save the Rainfall for your land , in stead of allowing it to run to waste. A perfect Disc turning Plow , stirring the furrow bottom at from two to eight inches below the plow ; breaking up the glazed furrow bottom ; admitting the free absorption of rainfall. "Better than any irrigating device. " Send for descriptive circular. DBBRB < & CO. , Mollne , Illinois.