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 ! ) .
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