Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Conservative (Nebraska City, Neb.) 1898-1902 | View Entire Issue (Jan. 19, 1899)
14 "Che Conservative. MOIITOX PA me. STATE OF NEBRASKA. To All Wlioin Tlicso Presents Sluill Conu > , Greeting : Whereas , in pursuance and by virtno of the act of the Legislative Assembly , in such ease made and provided , there was on tlio 18th day of Februarv , A. D. , 188S , at a public sale of com mon school lands of the state of Nebraska , after full fort v days' notice of such sale having first teen publishod.accordingto la\vstrnek off to.T .Sterling Morton.of the county of Otoo.and stato'of Nebraska , as 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 .1. Sterling Morton has fully paid to the proper receiving olliccr 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 , J. Sterling Mor ton , his heirs and assigns , all the said tract or parcel of land situated in the county of Otoe and stnto of Nebraska , and described as fol lows , to-wit : Commencing at the west line of the north west quarter at a point ( ' . & ) 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 (40) ( ) 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 llth Principal Meridian , and containing ( SI ) 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 J. 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 bo hereunto atlixed this 2Tth day of February , A. D. 1888. By the Governor : JOHN M. THAYBR. G.L. LAWS , Secretary of State. [ SEAI , . ] By B. R. Cowdory , Deputy. ATTEST : JOSEPH SCOTT , Commissioner of Public Lands and Buildings. Recorded B , page nil , Letter II , office State Land Commissioner. DKIOI ) OF TUUST. J. Sterling Morton , to DeForest P. Rolfe , Mayor , in Trust. Filed for Record Ap ril 5th , 1889 , 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. Rolfo 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 , ho implied covenants of the grantee herein named , has given , granted and convoyed and by these presents does give , grant and convey unto the said party of the second part and to his successors in office 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 office of the Register of Deeds for said county , otherwise described as lot three ( ! i ) , 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-throe ( t ) acres , more or less. To liavo and to hold tint same unto the said DeForest P. Rolfo , his successors in office , in trust for the city of Nebraska City and .ipon 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-wit : That the said park shall continue forever and be named and known as Morton Park 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 snail 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 of said promises and every part thereof. That no paths , drives or walks or other openings giving access to said park on the norm side thereof shall bo permitted , ex cept the owner or owners of the realty adjoin ing said park upon the north shall first opener or oauso to bo opened and dedicated to the public forever a legal roadway at least sixtyliU ( ) foot 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 be used exclusively for the purposes of a public park for the said city , and shall bo properly eared for , protected and maintained by said city as such park and for such purpose according to the letter and spirit hereof. PlioviDKi ) , HowKVint , and this conveyance is upon the express condition as aforesaid , that in case the said party of the second part , or his successors in ollico , or in case the said city of Nebraska City shall fail to comply with each and every of the conditions herein contained then ana in that case these presents shall be come void and the said premises , together with all the improvements thereon , with 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 part and the city council of the said city shall nind the said city firmly to the compliance of the conditions hereinbefore named which are to bo legally construed as covenants running with 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 promises 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 estimony whereof the said party of the first part has nereunto set his hand and seal at Nebraska City date first herein written. J. STKIIMNG MOKTON. In presence of L. F. DKGETTE. The State of Nebraska , / County of Otoe. ] 8S > 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 mo known to be the ident ical person described in and whose name is af fixed to the foregoing conveyance as grantor and ho acknowledged the said instrument to be his voluntary act and deed. In testimony whereof , I have hereunto set my hand and affixed my notarial seal at Ne braska City in said county. , ' - * , L. F. DKGKTTE , [ SEATJ J 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. Hawlev.and the fol lowing resolutions were adopted by the vote as indicated. licsolvcd : 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 be 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 Hawley. D. P. Ror.i'K , Attest : Mayor. JOHN J. TETEN , City Clerk. The State of Nebraska. ( , . County of Otoe. 1 HS < I , John J. Toten.city clerk of Nebraska City , Otoe 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 mooting of thoeounoil held April 1st , 1889. 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 SEAL. I C'ity Clork. The State of Nebraska , \ County of Otoe. i Hf" I , Charles C. Brant , register of deeds , within and for said county , do hereby certify that the annexed and foregoing is a true and correct copy of the Deed of Trust from J. Sterling Morton to DeForest P. Rolfo , as mayor of Nebraska City , conveying to the said DeForest P. Rolfe , as suen mayor , and his successors in office , 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 sot my hand and affixed my official seal at Nebraska City , this 21rd day of December , 1898. CHAB. C. BHANT. Register of Deeds. Let us figure * with you on your PRINTING. MORTON PRINTING CO. , NEBRASKA CITY , NEB. HIGHLY DEVELOPED FRUIT FARM FOR SALE. My higlily developed , home FRUIT FARM , located in extreme southeast Nebraska , immediately 011 west bank Missouri 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. BURPEE ' ' That Grow SEEDS Leading American Seed Catalogue for 1899 , Mailed FREE to nil. A bright Book of 176 pages , with elegant colored plates and illustration * from nature. Gives much valu able new information. THOUSANDS OF DOLLARS in cash prizes. Write a postal card TO-DAY I W. ATLEE BURPEE & . CO. PHILADELPHIA