Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-03-06

twelve one-thousandths.
Also that part of lots one a., two
ca, three (3), four ca and five CD In
Anson's sub division of the west nan
of the southeast quarter of section
No thirty five (S5), lying north OF
Linn creek, and the north half of lots
six 60, seven 90 and eight go IN said
sub division, all in township No.
eighty-four (S4) north and range No.
eighteen lS) west of the fifth prin-
cipal meridian, according to the re-
corded plat of said subdivision.
"All of that portion of the south half
of the northeast quarter of section No.
Ithirty-tiv (35), in township No.
eighty-fou (S4) north and range No.
eighteen C1S) west of the fifth prin.-
cipal meridian, lying south of Blair's
addition to the town of Marshall, the
same having been conveyed by the
Blair Town Lot and Land Company to
said Turner, Smith and Willigrod by
deed dated July %, A. d. 1871, subject
to the following conditions, to-wit
The above land is conveyed for the
purpose of being used by the Central
Railroad of Iowa for machine and re-
pear shops at Marshall, and if not used
MlllIlll lMO W ytttI Olll uttSC iiSiAOA Va
il said company ever abandon said land
or ceases to use 1T for the purposes
aforesaid then said land is to revert to
said grantor by refunding the purchase
money" To have and to hold the same
with all appurtenances thereuntO be-
longing or in any wise appurtening, un-
to the said Central Railroad Company
of Iowa, it's successors and assigns for
ever, subject however to the conditions
and terms hereinafter contained. Pro-
vided always, that said Central Rail
road Company of Iowa, shall on or be-
fore the first day of January, A. d., 1873.
erect on said lands at least one round
house OF at least eighteen QS) stalls for
engines, one foundry, one blacksmith
shop, one locomotive repair shop and
one car repair shop, all of brick or stone
and their necessary equipment and APP
pendages and such other buildings as
are requisite to constitute the same the
Central and principal shops of said
company for repairing cars, coaches.
and locomotives for the use of said road
end said company, its successors and
assigns shall keep up and maintain said
shops and buildings and use the same
at said Marshalltown, and make said
Marshalltown the terminus of one divi-
vison of the railroad of said company,
for the space of one hundred (10O)
years from and after the completion of
said buildings; and If said company
and it successors and assigns shall dur
ing said period of one hulnlred years
manufacture or construct either cars,
coaches or locomotives for the use of
a car and 10rn-
motives shall be manufactured and
constructed upon said lands. or other
lands contingent there to-; and in case
said General Railroad Company, it's
successors or assigns, shall fail or neg
lect to keep and perform said condi-
lions and to do and perform said acts
within the time, in the manner and &C
cording to the terms aforesaid, or shall
cease To use said lands, buildings,
equipmt hts and appendages for the
purposes aforesaid, or shall remove the
same from said Marshalltown or erect
or maintain such buildings and appen-
dages as the principal machine, foun-
dry and car and locomotive repair
shops for the use of said Central Rail-
road Company of Iowa, its successors
and assigns at some other point on said
road elsewhere than at the city of Mar
shalltown aforesaid, at any time With
in the space OF one hundred (1O0) years
as aforesaid. the title of said lands with
all and singular the buildings. improve
ments and equipments. appurtenant
therto shall upon such default be and
become the property of the city OF Mar
shalltown, Iowa, in trust for school or
manufacturing purposes or both at the
discretion of the proper authorities OF
said city of MarshalltoWn, Iowa, and
all right, title and interest of said Cen
trail Railroad Company of Iowa, its sue
cessors and assigns, in and to the game
shall be and become eXtinguisheG and
void to all intents and purposes, ex-
cepting only as to such lands as may
have been conveyed to other parties. as
hereinafter provided and the said trus-
tees do covenant by and with the sec
ond party (anything to the contrary
Notwithstanding, that they, the said first
party, or a majority of them will, if
then residing in said county Of Mar
shall, on request of the president of the
said General Railroad of Iowa join
with the said second party in an abso-
lutte conveyance, releasing all condi-
lions herein, of any portion of the fore
going real estate, not to exceed three
(3) acres to any one party or person,
conveying to any person or persons.
company or corporation, all right, title
or interest now vested in said trus-
tees and not hereby conveyed to said
Central Railroad of Iowa to said portion
or amount of land, provided such per-
son, or company or corporation binds
Itself with sufficient and satisfactory
guarantees to erect or construct with
in reasonable time thereon such Inn
provements, buildings, machinery, fac
tories or manufactures of a value Eek
elusive of real estate of not less than
five thousand $4,000 dollars. as shall
| be of permanent material and sub
stantial advantage to the said city of
Marshalltown, in respect to its public
interests. In case of the absence from
the county of Marshall of majority of
| said trustees, or inability of a majority
of them to act in this regard, then the
common council of the city of Mar
shalltown, by proper ordinance or
other competent proceeding may and
are hereby empowered and authorized
| to Join the second party and its sue
cessors in such absolute unconditional
lconyeyance, or to make q separate deed
conveying all contingent interest, right
and title whatever not hereby vested in
said second party. And If said railroad
company of Iowa, It's successors. as