PACK SQUARE DEED, ASHEVILLE, NC
DB 122/21
[Note: Notarized in the state of New York, Suffolk county by I. L. Emory Terry on the 24th day of July, 1901.Witnessed and registered in North Carolina,  Buncombe county on August 5, 1901 at 9 AM by Marcus Erwin, Clerk Superior Court, Asheville, North Carolina. [Deed was "in pursuance of a proposition made by the said Geo. W. Pack to said Board of County Commissioners and accepted by said Board as appears by the minutes of the proceedings of said Board Minutes, Book No. 4, page 306 - January 7th, 1901." The deed is registered with the County of Buncombe as follows: "property purchased by said Geo. W. Pack from Allen T Davidson and wife by deed dated the first day of March A.D. 1890, and registered in the Office of the Register of Deeds of said County of Buncombe, in Book 09 at page B18."]
  DEED - DB 122/21
  p.21
North Carolina, Buncombe County.
     The foregoing certificate of D.H. Reagan and a Justice of Peace of Buncombe County is adjudged to be correct and sufficient. Let the instrument with the certificates be registered. Witness my hand this 5 day of Aug. 1901.

Marcus Erwin Clerk Superior Court

Registered August 5, 1901 - 9 A.M.


This Deed,  made the 24th day of July 1901 -- by and between Geo. W. Pack and his wife Frances Pack of Buncombe County, North Carolina parties of the first part, and the Board of Commissioners of Buncombe County, North Carolina, party of the second part, Witnesseth: that the parties of the first part in consideration of one dollar to them paid by the party of second part, and for other good considerations herein and by these presents do bargain, sell and convey to the party of second part and their successors in office forever, a certain piece or parcel of land in said county of buncombe and State of North Carolina in the City of Asheville, on the south side of College Street, being the same property purchased by said Geo. W. Pack from Allen T Davidson and wife by deed dated the first day of March A.D. 1890, and registered in the Office of the Register of Deeds of said County of Buncombe, in Book 09 at page B18, and  bounded and more particularly described as follows: Beginning at a stake in the South margin of College Street, the beginning corner of conveyance made to the said Allen T.
  p.22
Davidson by A.J. Summey, dated the 10th day of July 1872 and registered in said Registers Office in Book 35 at page 11, and running thence with the south margin of College Street N 59  43′ E two hundred + ten + 33/100 (210.35) feet to a stake in the same the north west corner of the property formerly known as the Van Gilder property, thence with the western boundary line of that property according to deeds made to T.D. Van Gilder by said A.T.  Davidson and wife which are of record in said Register's Office, the following courses and distances as corrected by survey of B.M. Lee Survey on February or March 1890, to wit : South 17 35′ E one hundred and thirty four + 1/2 (134 1/2) feet to a stake, thence south 9 41′ E two hundred + twenty + 35/100 (220 35/100) feet to a stake thence S 16 E one hundred + three + 8/10 (103 8/10) feet to a stake in the back line of the jail lot, thence with that line and the line of lots formerly belonging to A.J. Davidson and W. T. Davidson S. 79 40′  W two hundred and six (206) feet to the old devision [sic] line between this property and the Carter property thence with the same N 8 20′ W three hundred and eighty five and 2/10 (385 2/10) feet to the Beginning. To Have and to hold, the said lot or parcel of land, with all the appurtenances there unto belonging unto the party of the second part and its successors in office forever.  And the said Geo W. Pack, for himself, his heirs and assigns, doth covenant to and with the party of the second part and its successors in office that he is seized in fee simple of a said lot or parcel of land and has good right to convey the same; that the same is free from all incumbrances [sic] , and that he will warrant
  p.23
and defend the same unto said party of the second part and its successors, in office against the lawful claims of all persons forever. But it is distinctly understood and agreed by and between all parties to this deed that this conveyance is made and accepted upon the following considerations, agreements stipulations and for the purposes and with the reservations herein after set forth, that is to say: First, that this deed is made in pursuance of a proposition made by the said Geo. W. Pack to said Board of County Commissioners and accepted by said Board as appears by the minutes of the proceedings of said Board Minutes, Book No. 4, page 306 - January 7th, 1901, as follows:

Ordered by the Board that the following offer of G.W. Pack be accepted.

"To the Commissioners of the County of Buncombe, North Carolina ---

     I offer to give to the County to be used for a site for a Court house and County offices the land on College Street in Asheville which I purchased of Col. A.T. Davidson provided that the County will dedicate to the public forever to be used for  the purposes of a public square so called, in Asheville, the present Court House, to be removed, there from prior to such date as you may agree upon with Judge Merrimon and Mr. Gwyn acting for me --

Dated December 31st -- 1900 --

Geo. W. Pack"

  p.24
And in pursuance further of a letter addressed by said Geo. W. Pack to J.H. Merrimon and W.B, Gwyn and inclosed [sic] with said proposition in which said Geo. W. Pack requested them to submit said proposition to said Board of Commissioners and to confer with said Board and agree upon certain stipulations as to the carrying out of said proposition, particularly with regard to the erection of a Court House and County offices /c [etc.?] on said property and the removal of the old Court House and the dates for such erection and removal respectively with provison to be made for the title of the land hereby conveyed to revert to said Geo. W. Pack upon the failure of said Board of Commissioners and their successors to erect said new Court House and remove the old Court House on or before the dates to be agreed upon for their erection and removal respectively and provision to be made that no jail shall ever be built on said land hereby conveyed and that none of said land shall ever be sold or leased by said Board of County Commissioners or their successors and for reversion as aforesaid  to said Geo. W. Pack and his heirs if ever a jail should be built thereon on any of said property, should be sold or leased as aforesaid.      Second; it has been agreed by and between Said Board of Commissioners for and in behalf of itself and its successors on the one part and the said James H. Merrimon and W.B.Gwyn acting for and in behalf of the said Geo. W. Pack of the other part that the date to be set for the completion of said new
  p.25
Court House and County offices and their occupation by the County Officials in January 1st A.D. 1903, or sooner, and for removal of the old or present Court House is July first 1903, or before, and that no jail shall ever be built on any part of the land conveyed by this deed and no part of said lands shall ever be sold or conveyed or rented or leased by said party of second part or its successors nor shall said property be used for any other purposes than for a Court House and County offices and such, other purposes strictly incidental to the usual and convenient occupation and use of said Court House and County offices by the County officials and the public.  Third: That said Board of County Commissioners in pursuance of the true interest of said offer by said Geo. W. Pack and of its acceptance by said Board ---?--- have this day executed and delivered to said Geo. W. Packc at the time of the delivery of these presents, a deed in fee simple for the land occupied by the present Court House and the adjacent land owned by the County of Buncombe conveying said land to said Geo W. Pack and his heirs to be held in trust for the public square park or place reserving the said Court House to be removed by said Board of Commissioners and its successors on or before July 1st, 1903.  Fourth: that upon the failure of party of second part to erect and complet[e] on or before January 1st 1903 the said new court House and County Offices or to remove said old Court House on or before July 1st 1903 or upon the sale conveyance renting or leasing by said Board of Commissioners or its successors or any part of the land hereby conveyed, or its use for any
  p.26
other purposes than limited by these presents especially upon the building of a jail other con .....?  ..... omponany conveyance or renting or leasing by said Board of commissioners or its successors of any part of the present public square so-called or any attempt to convey to the defeat or hindrance of its dedication to the public as a public square park or place then the property hereby conveyed shall revert to and become the property of said Geo. W. Pack and his heirs all the buildings are the property hereby conveyed and resolved to be removed therefrom by said Geo. W. Pack his heirs and assigns upon thirty days notice by party of second part said Geo. W. Pack and his wife Frances Pack have hereunto set their hands and seals the said the 24th day of July A.D. 1901.

[stamp of Geo. W. Pack                Geo. W. Pack       [seal]
July 24/7
$5.00]                                            Frances Pack        [seal]

State of New York
County of Suffolk               SS I L. Emory Terry, a Notary Public in and for the said dCounty of Suffolk and State of New York hereby certify that Geo. W. Pack and his wife Frances Pack personally appeared before me this day and acknowledged the due execution by themselves of the foregoing deed. Whereupon the said Frances Pack being by me privately examined  t....?hing her voluntary execution of the same doth state that she signed the same freely and voluntarily and without fear or compulsion of her said husband or any other person and that she doth still ......[remaining page[s] missing]

 

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