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About The Conservative (Nebraska City, Neb.) 1898-1902 | View Entire Issue (Jan. 26, 1899)
Conservative , MOUTOX 1'AHK. DKKI ) . .STATE OF NEBRASKA. To All Whom These Presents Shall Come , G routing : Whereas , in pursuance ami by virtue of the act of the Legislative Assembly , in such case made nntl provided , there was on tlio 18th day of Fobruarv , A. D. , 18S3 , at n public sale of com mon school lands of the state of Nebraska , after full forty ( lavs' notice of such sale having first been published.accordingto law.struek on to.T. Sterling Morton.of the county of Otoe.and state of Nebraska , as tliu 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 dol- And Whereas , the said .T. Sterling Morton has fullv jmid to the proper receiving officer 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 , self , convoy and confirm , in fee , unto the said .T. Sterling Mor ton , his heirs 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 ( ! i8) ) twenty-eight rods south of the northwest corner of said quarter , running east (80) ( ) eighty rods , thence south ( -10) ) forty-six rods , thcnco 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 , Kange ( M ) fourteen , east of the Oth Principal Meridian , and containing ( M ) 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 .1. 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 naino and caused the great seal of the state to bo hereunto affixed this 'JTth day of February , A. D. 1888. By the Governor : JOHN M. THAYER. G.L. LAM'SSecretary of State. OKA i. . ] By 13. K. Cowclery , Deputy. ATTIST : : .Tosin-n SCOTT , Commissioner of Public Lands and Buildings. Recorded B , page .511 , Letter JI , ofllco State Land Commissioner. 1)KKI > OK TJUJST. .T. Sterling Morton , to DeForest P. Ilolfo , Mayor , in Trust. Filed for Record Ap ril 5th , 18S ! > , at 10 o'clock A.M. This indenture , made and executed this 21)th ) day of March , 1881) ) , by and between .T. Sterling Morton of Arbor Lodge , county of Otoo , state of Nebraska , party of the llrstpart , 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 , Witnessed ! , That the said party of the first part for and in consideration of the promises , ho implied covenants of the grantee herein named , has given , granted and convoyed and by these presents does give , grant and convoy unto the said party of tno 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 office of the Register of Deeds for said county , otherwise described as lot three ( U ) , in the subdivision of the northwest quarter of the northwest quarter of Section eight (8) ( ) , in Township eight (8) ( ) , Range * fourteen (1-H , east , containing twenty-three ( 1) ) acres , more or less. To have and to hold the same unto the said DeForest P. Rolfe , his successors in otllco , 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-wit : That the said park shall continue forever and 1)0 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 shall be sold or exposed for sale , or gratuitously distributed on said premises. That all relig ious sects of what denomination soever shall liavo equal rights and privileges in the use and enjoyment of said premises and every part thereof. That no paths , drives or walks or other openings giving aceons to said park on the north 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 cause to bo opened and dedicated to the public forever a legal roadway at least. . sixtyGO ( ) i 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 nsi-d exclusively for the purposes of a public park for the said city , and shall bo properly cared for , protected and maintained by said city as such park and for such purpose according to the letter and spirit hereof. PHOVIDKU , llowiviii ; , and this conveyance is upon the express condition as aforesaid , that in ca&o the said party of the second part , or his successors in oillco , or in ca.so the said cit v 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 with all the improvements thereon , with appurten ances , shall revert to the .said party of tin- 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 wnd the said city firmly to the compliance of the conditions hereinbefore named which are to bo legally construed as covenants running with ( lie 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 of said resolution of acceptance to bo attached hereto as a part of this instru ment and the whole filed for record in the oflico 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. .1. STKIU.INfl MOIITON. In presence of L. F. DKGETTK. The State of Nebraska , I u , County of Otoo. ( 8S > On this liJlth day of March , 1889 , before mo , L. I-1. DeGetto , a notary public duly appointed , commissioned and qualified for and residing in said county personally appeared .T. Sterling Morton , widower , to mo known to bo the ident ical person described in and whoso naino is af fixed to the foregoing conveyance as grantor and ho acknowledged the said instrument to bo 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. DKGKTTK. BKAI.I. I Notary Public. At a regular mooting of the council of the city of Nebraska City hold at the council chamber in said citv on the first day of April , 1881) ) , present , D. P. Rolfe , mayor , and the fol lowing named members , to-wit : Gep. F. Kre- gal , Robt. Payne , Geo. W. Eisor , David Brown , Calvin Chapman and E. S. Hawloy.and the fol lowing resolutions were adopted by the vote as indicated. Rcsulvcd : 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 were adopted by the following vote : yeas Kregal , Payne , Eiser , Brown , Chapman and Hawloy. D. P. Roi.n : , Attest : Mayor. JOHN .T. TKTKN , City Clerk. The State of Nebraska. / , County of Otoc. } 8 > " I , John .1. Toton.city clerk of Nebraska City , Otoo county , Nebraska , hereby certify the foregoing to be a true and correct copv of the resolutions adopted by the city council of Ne braska City at a regular meeting of the council held April 1st , 1881) ) . In testimony whereof , I have hereunto sot my hand and affixed the seal of said city this Uh day of April , A. D. , 1889. , . JOHN J. TKTIJN , j SKAI. . { City Clnrk. The State of Nebraska , ) , . County of Otoe. j hHl 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 , convoying to the said DeForest P. Rollc , as sucli mayor , and his successors in office , in trust for said city of Nebraska City , the tractor of land known "Morton Park " or parcel as , as the same appears of record in Deed Record number twonty-flvo (25) ( ) on page three hundred and seventy ( H70) ) thereof. In witness whereof , I have hereunto sot my hand and affixed my official seal at Nebraska City , this 23rd day of December , 1803. CIIAS. O. BHANT. Register of Deod-H. Announcement : . OMAIIA , .Tauunry 1 , 189 ! ) . The undersigned have fanned n part nership for the general practice of law under the style of Wool worth , McHtigh and Carroll , with offices at Rooms 410- 411-412-413 and 414 of the First National Bnnk Building. JAMES M. WOOL.WOUTH. WILLIAM D. McHuaii. WILLIAM J. CARROLL. "The Perfect" Sprayer. Will spray the orchard as well as the potato patch. 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