Townsite Contract

A seal with the legend: Republica Mexicana - Gobierno del Estado Libre y Soberano de Sonora.

CONTRACT

Celebrated between Luis E. Torres, Governor of Sonora, and Srs. Jose Camou (Jr) and Conrado Aguirre. The last one in representation of his wife, Doña Carmen Elias de Aguirre, Don Jose Pierson, Don Antonio Campillo, Don Feliciano Lopez, as tutor of the child Enrique Elias and Sra. Ana Salazar de Elias, related to the cession of land that they are making to establish the townsite of Nogales.

In the city of Hermosillo, on the twenty eight of August of one thousand eight hundred and eighty four, Mr. Luis E. Torres, Jose Camou (jr), and Conrado Aguirre, have reunited in the State Government Palace; all of the above are of legal age; the first two being neighbors of this Capital City, and the last one neighbor of the Villa of Magdalena, and have agreed to celebrate the following contract.

Mr. Torres, being the Governor of the State, is therefore representing the Executive Power of the same, and making use of the authorization given to him by Law No 29, of the past July 9; Mr Camou representing his own rights, while Mr. Aguirre as special agent of Mr. Jose Pierson, Mr. Antonio Campillo, and Don Feliciano Lopez, this last as the tutor of the child Enrique Elias; as well as Sra. Ana Salazar de Elias and Carmen Elias, wife of Mr. Aguirre, to whom he gives the necessary permission; whose representation is acredited with a power of attorney that is presented which says as follows: "Two fifty cents Stamps legally cancelled.- In the Villa of Magdalena, on the eight of August of one thousand and eight hundred and eighty four; having reunited Mr. Jose Pierson representing his own rights as well as that of his boy of the same name, Antonio Campillo, also representing his rights as those of his children, Antonio, Ana, and Victoria, and Feliciano Lopez representing the rights of the boy Enrique Elias of whom he is the legal tutor; as well as Sra. Ana Salazar de Elias and Carmen Elias, the first widow, and the second with the permission of her husband, Sr. Conrado Aguirre, all of them issue this document being all of them of legal age, capable to celebrate contracts and neighbors, Sr. Pierson of Terrenate, and the rest of this Villa, they said: they give power of attorney to Mr. Conrado Aguirre so that in their name and representation he celebrates with the Executive Power of the State, a contract through which he will cede the necessary land to form the township of the Municipality of Nogales, which has been recently created by the same law, with the following restrictions:

FIRST.- He will cede for the establishment of the township a square of land measuring one thousand and two hundred varas on each side, towards the South of the Border Line with the United States, being it the base of the square, and following the township the map which has been made by the topographer, Sr. Ignacio Bonillas.

SECOND.- The owners of the land will keep to themselves, and will be respected as their private property, fifty two lots which they have sold to different persons, those which are designated in note number one, which has been given to the State Executive with the letter dated First of July.

THIRD.- Mr. Jose Camou (Jr) will keep as his property three blocks of twenty four lots each, that is seventy two lots, in different blocks, as are indicated in Note No 2, in the same letter.

FOURTH.- Srs. Elias and Pierson will also keep as their property, in lieu of the half of the land they represent, three more blocks of twenty four lots each, that is seventy two lots in different blocks, as are indicated in Note No 3, in the same letter.

FIFTH.- Both the seventy two lots reserved for Mr. Camou, as the seventy two lots belonging to Señores Elias and Pierson, won't cause any kind of duty nor municipal tax for ten years, starting on the date when the population was erected as Municipality.

SIXTH.- One lot in Block Number one is reseved for Engineer Ignacio Bonillas, according to the agreement made with him by the interested parties, at the time when he made the map of the population and

SEVENTH.- The expenses made for the measuring and delimitation of the township will be covered from the Municipal funds, and the owners shall be present at the time of it being made. They also give power to Mr. Aguirre to celebrate with the Executive and the rest of the interested parties, the way this contract shall be made so that it is valid; as well as to sign the necessary documents containing the necessary requisites and clauses.

And they promise that they will consider as valid whatever Mr Aguirre decides to agree, according to this power of attorney.

They so agreed and signed in the presence of the witnesses who also signed.

By myself and as tutor of my boy of the same name.

Jose Pierson. Merced E. de Pierson

As tutor of Enrique Elías

F. López

Ana S. de Elías. Conrado Aguirre Carmen E. de Aguirre.

For myself and as executor of my children: Antonio, Ana and Victoria.

Antonio Campillo

Witness: Witness.

A. López S. Fraijo.

Have agreed that, having been erected in municipality the population of Nogales, according to the Decree dated July 9,already mentioned, so that the population to be formed there has the necessary facilities for it's progress and development, which will be very important for the owners of the land, which are the already mentioned, they cede to the Municipality of Nogales enough land to establish the township under the bases and terms mentioned in this contract, as follows:

1.- Señor Don Jose Camou (Jr) as owner of half of the land of Nogales, according to the respective titles, which are presented, and Srñor Aguirre on his right as well as representing the already mentioned persons, who own the other half, make irrevocable and perpetual cession to the Government of the State of Sonora, a square piece of land measuring one thousand and two hundred varas by side, in the town of Nogales, towards the South of the boundary line with the United States of America, whose land will be used as township of Nogales, which will be formed according to the map that has been drawn by Srs. Ignacio Bonillas and Charles E. Herbert, of whom a copy is attached to this. And for the best clarity of the conditions to be explained in the following. This map comprises the project of two populations; one within the US terrutory, and the other within Sonora, being both separated by Calle de Camou, measuring 120 feet wide, which runs along the border line. The Mexican population of Nogales is formed by blocks numbered progressively from number 1 up to 19. The streets separating one street from the other have seventy feet width. The blocks numbers 2, 3, 4, 7, 8. 9. 10, 12, 15, 16 and 19 are divided in two sections through a service alley measuring twenty feet wide. The same blocks with the exception of numbers 7 and 8, have uniformly, including the alley, 300 feet on each side of the square. The blocks numbered 1, 5, 6, 13, 14, 17 and 18, have only one section, without an alley to divide them. The regular blocks which, as has been said, measure 300 feet on each side of the square, are divided in two sections, and each has 24 lots of land to build houses, twelve on each section: these lots measure 25 feet at the front by 140 of depth. The blocks number 7 and 8 which although are also formed by two sections and an alley, have irregular form, the first having 32 lots of the already mentioned size, and ten of irregular sizes, different each from the other; while the second has 19 regular lots according to the map. Block number 6 hast 33 lots measugint 25 feet wide each, facing Calle Elias on one side, and on the other to the Sonora Railroad tracks. Block number 1 has 20 regular lots; numbers 5, 13, 14 and 17 are formed by a section of 12 lots measuring 25 feet at the facing by 140 of depth, and number 18 has the same quantity of lots with the same facing as already mentioned, but their depth is irregular, being cut by a diagonal line.

2.- Previously to this contract, the owners of the land have sold to different people 52 lots in different blocks, as follows:

• 8 are in block number 1, corresponding to numbers 1 to 8 inclusive.
• 12 in block number 4, comprising from 1 to 12 inclusive.
• 4 in block number 5, comprising from numbers 1, 2, 11 and 12.
• 4 in block number 9, which are those numbered 1, 2, 3 y 4.
• 4 in block number 12, which are those numbered 9, 10, 11 y 12 y
• 2 in block number10, which are those numbered 6 y 7.
• 34 all together, thirty four lots measuring uniflrmly each a surface of 25 square feet.

To the remainint 18 lots to complete the 52 lots already sold which are in blocks numbers 6 and 7, thirteen of them in the first one, corresponding to numbers from 4 to 8, from 10 to 15 and from 17 to 18 inclusive, and 5 in the second, which are those numbered from 33 to 37 also inclusive, cannot be determined in this document their area, but the Ayuntamiento of Nogales, as soon as is installed, will proceed, following the map and this contract to measure those 18 lots according to Señores Camou and Aguirre or their representatives, so that their extension be determined, and this operation will be recorded in an act which will be added to this document.

For better clarity, now a table is added in which are shown the already sold lots, as mentioned in this clause; those which are marked in the map, with a blue dot, and will be respected by the Ayuntamiento of Nogales as a particular property in favor of those people who have already bought them, or which will buy them in the future.

 

Number 1.- Sold lots.

Quantity of lots	Number of lots	No. of Block	Between Streets
13	4 - 5 - 6- 7 - 8 - 10 - 11 - 12 - 13 - 14 - 15 - 17 - 18	6	Elías y Ferrocarril
13	1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 33 - 34 - 35 - 36 - 37	7	Camou y Elías
12	1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12	4	Camou, Juárez, Campillo y Arizpe
4	1 - 2 - 11 - 12	5	Pesqueira, Juárez, Camou y Campillo
4	1 - 2 - 3 - 4	9	Juárez, Ochoa, Arizpe y Campillo
4	12 - 11 - 10 - 9	12	Pierson, ochoa, Ingenieros y Arizpe
2	6 - 7	10	Arizpe, Ochoa, Ingenieros y Campillo
52 lots.

 

Some of these lots have been sold through a monthly payment, with the condition that if they are not paid, they will return to the possession of the sellers, and it is a condition of this contract that in case that this happens, they will remain property of the owners of the land of Nogales, and not of the Ayuntamiento; however they will not enjoy the excemption of the taxes which is given through clause fifth to the 144 lots which are being reserved according to the following table:

3. Three blocks of 24 lots each, that is a total of seventy two lots are reserved and remain the property of Sr. Jose Camou (jr), divided in different blocks, which, according to the same map, are as follows:

Those corresponding to numbers 1, 2, 3, and from 10 to 24 inclusive, being a total of nine lots in block nomber 6, whose surface will be determined in the act to be signed at the time of the measurement by the Ayuntamiento, according to the interested parties, as has already been said in the previous clause, repect to the lots which in the same block have been sold to different people.

• 6 lots in block number 7 which are those corresponding to numbers from 11 to 16 inclusive.
• 8 in block number 8 and are those marked from number 1 to 8
• 17 in block number 9 which are those marked with the numbers from 5 to 17 and from 21 to 24 inclusive.
• 12 lots comprising the whole of block number 13
• 8 in number 12 and are those corresponding to numbers from 1 to 8, and
• 12 forming the whole of block 17.

63 all together, sixty three lots, having each, uniformly an area of 25 feet at the front by 140 feet of width, with a total of 220,500 square feet, to which must be added the extension of the 9 lots in blocks number 6 and 7, as is mentioned. The following table shows clearly which are the lots reserved to his property Mr. Camou (jr) which in the map are marked with a red dot.

Number 2.- Reserved lots for Don José Camou (h)

Quantity of lots	Number of lots	No. of block	Between streets
9	1 - 2 - 3 - 19 - 20 - 21 - 22 - 23 - 24	6	Elías y Ferrocarril
6	11 - 12 - 13 - 14 - 15 - 16	7	Elías y Camou
8	1 - 2 - 3 - 4 - 5 - 6 - 7 - 8	8	Elías y Cerro
17	5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 21 - 22 - 23 - 24	9	Juárez, Arizpe, Ochoa y Campillo
12	1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12	13	Arizpe, Ochoa, Pierson y Ferrocarril
8	1 - 2 - 3 - 4 - 5 - 6 - 7 - 8	12	Ingenieros, Piersons, Ochoa y Arizpe
12	1 - 2  - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12	17	Vázquez, Aguirre, Ingenieros y Ferrocarril
72 lots.

 

4. As owners of half of the land of Nogales, are reserved and remain the property of those represented by Mr. Don Conrado Aguirre, 3 other blocks, being 72 lots in the township, in different blocks as follows, related to the attached map:

• 3 lots in block number 6 which are those marked with the numbers 25, 26 y 27 whose area will be determined by the Ayuntamiento of Nogales in the act which will be made when this block is measured, as has been stated.
• 24 lots comprising the whole block number 3
• 22 lots in block number 10, which are all of those of the block with the exception of those marked with the numbers 6 and 7.
• 12lots in block number 14 which are those marked with the numbers from 1 to 12.
• 3 lots in block number 8 which are those marked with the numbers 9, 10 and 11, and
• 8 lots in block number 5 which are those marked with the numbers from 3 to 10.

69 all together, sisty nine lots with an uniform area of 25 feet of front by 140 of depth, making all togerhet the surface of 241, 500 square feet, to whose area must be added that of the three lots of block number 6, as has been stipulated. The mentioned lots which through this clause are reserved in favor of D. Jose Pierson, D. Antonio Campillo, D. Enrique Elias and Sras Ana Salazar de Elias and Carmen Elias de Aguirre, are marked in the map by two dots, one with red ink, and the other with blue ink, and are clearly shown in the following table:

Número 3.- Reserved lots by Srs. Elias and Pierson.

Cantidad de lotes.	Número de Lotes	No. de Manzana	Entre Calles
3	9 - 10 - 11	8	Elías y Cerro
3	25 - 26 - 27	6	Elías y Ferrocarril
8	3 - 4 - 5 - 6 - 7- 8 - 9 - 10	5	Pesqueira, Juárez, Camou y Campillo
24	1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24	3	Arizpe, Camou, Campillo e Ingenieros
22	1 - 2 - 3 - 4 - 5 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24	10	Ingenieros, ochoa, Campillo y Arizpe
12	1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12	14	Arizpe, Aguirre, Pierson y Ferrocarril
72 lotes.

 

5. All of the 144 lots of land which according to the two preceding clauses remain the property of the owners of Nogales won't cause any kind of duty nor municipal tax for the period of ten years, starting from last July 9, date of the law which erected that municipality. The Governor of the State accepts this condition, making use of the authorization that the same law gives him.

6. Also, a lot of 25 feet at the front by 140 of depth is reserved in block No 1 for Engineer Sr. Ignacio Bonillas, according to the agreement celebrated with him for the making of the map.

7. It is testified in this contract that the owners of the land of Nogales, have sold to the Sonora Railroad Co the necessary lands for the pass of the railroad and necessary constructions for the Company, whose land is marked in the attached map with black dots, with lines of the same color which form different angles. Such dots correspond to the poles that the Company has installed to mark the boundaries of it's property, and it is a condition of this contract that when the Ayuntamiento measures the township, that same land that occupies the railroad will be replaced, by taking over the square that measures 1,200 varas on each side, 100 varas more, in one of the sides and along the whole length of it, and the Ayuntamiento wil have the liberty to take the piece of land it likes, which will be noted through an act, which will be signed in agreement with Señores Camou and Aguirre.

8. The funds of the Municipio de Nogales will cover the necessary expenses derived from the measuring and signaling of the boundaries of the township of the population center. To practice this mensure, all of the proprietors will be summoned to determine the situation of the land that they are transfering.

The Governor of the State, as well as Jose Camou (Jr) and Conrado Aguirre, having known the details of this document, wholly accept it, and declare to be in agreement with it, and will abide all of it's details, signing with the Secretary of Gobierno, C. Ramon Corral.

 

José Camou (Jr). Luis E. Torres.  Conrado Aguirre. Ramón Corral