Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1891-03-21

1
east OF said northwest corner Of said
southwest quarter Of section q, aud
running thence east 63 feet, thence
south 220 feet, thence west 63 feet
thence north 900 feet to place of begin
ning-said granlors hereby dedicating
and declaring, aud said grantee here
by agreeing TO the same, that u strip
of land 90 feet wide lying immediate
ly west OF said last described tract, and
running the whole length thereof,
shall be and forever remain al open
passage way, free and unObstructed,
tor free ingress aud egress TO and from
all parts OF the aforesaid first mention
ed tract), containing 9 acres of land
more or less, together with all rights,
claims and interests in and 10 what is
known as the Baxter dam, and the
water wheels aud gearing now in place
at said dam, upon this condition, viz;
That said second party will keep up
aud maintain said dam Cncluding the
penstock), and in case said dam be
washed out or damaged said second.
party will rebuild or repair the same
at the earliest practical time thereafter,
aud within II months from date OF its
being washed out or damaged, reason
bile allowance 10 he made in all cases
when by reason of high water, ice or
other extraordinary cause work at
said dam may be interrupted or pre-
vented; and that said second party
will furnish said first parties, their
heirs aud assigns, at said dam, and
permit them to take from the wheels
now in place at said DAM. 70 horse
power of the power at said dam, or so
much of 70 horse power us they may
call for at any time, TO use for manu-
featuring purposes; and said second
party shall permit said first parties to
take from said dam Qhcy putting in
their own wheels, gearing and appli-
ances for utilizing the power) 20 horse
power of the power at said dam, in
addition to the above IS horse power,
all of said power to be furnished said
first parties, their heirs and assigns,
for and during the full term of SO
years from date hereof by said second
party keeping up and maintaining
said dam ard penstOck, so that the
power at said dam may be utilized )
said first parties, their heirs and as
signs, to keep up their proportion of
the expense of maintaining the water
wheels, gearing and the wear and tear
thereof, and the said second party to
be at no expense except TO keep up and
maintain said dam and penstock. Up
on failure of said second party TO keep
up and maintain said dam and PEN
stock as aforesaid, then all the rights,
titles, interests and claims of said
grantors herein quit claimed shall at
once revert to said grantOrs, their heirs
and assigns.
Said grantors hereby grant and
convey unto said grantee the right 10
transmit the power from said dam
across the above excepted tract, either
above or below the surface of the
ground, so as not to Interfere with
travel, and also right OF way across
said excepted tract, so Ms to get to ana
from said dam and forebay, without
injury to said grantors. To have and
to hold the same, together with all,
and singular the tenements, heredita-
ments and appurienances thereunto
belonging or in any wise apperiain-
ing, forever, without the power Of
alienation, except that tract OF land
in size 56 by II feet, upon which the
mill building of the Baxter Springs
Manufacturing Company now stands,
may be alienated by ga d grantee to
SAID company for manufacturing.
purposes only.
In witness whereof the said par
ties of the first part have hereuntO set
their hands, the day and year first
above written.
Said power is to be prior to oil other
power. ALBERT WILLARD.
LUCINDA A. WILLARD.
(The above instrument was duly
acknowledged before Ira q. Perkins,
rotary public, March 5, aud recorded
ny the register of deeds March l6),
After efTecting a settlement with
Mr.. Willard conditional upon set
ting with Messrs. Stone u Cove the
committee went to Galena to see what
could be- done thenin the matter.
The result of the first effort was.
that Stone & Cove would satisfy.
all their claims and relinquish their
right 10 enforce their ijnnctiOnal or
der upon being paid $4,000 and all
rOsts, amounting in the aggregate to
about $4,750. This was tell 10 be be-
yond the means of the city to pay and
IL was necessary to demand that tho
industries at the river whose exisienro.
depended upon the power furnished
nv the dam, should siasin meeting the
$3.50 costs. Mr.. Willard, when spo-.
ken 10 about II, at once signified his,
willingness To pay his share OF the
amount needed to enable the city to
pay the costs. The. other, interested