The Dickinson press., 1891-01-17

in terms substantially us follows:
First, That the comfy of Stark (as
party OF the first part in said contract
i'll consideration of one dollar to I've
paid to- it Ivy the Northern Pacific
railroad company (as party Of the
second par) and of the covenants and
agreements hereinafter mentioned to
he performed hy said second putty,
Shall vacatc SD much of IL highway in
said county of Stark us crosses the
road led, right of way and station
grounds OF second party ON the sec
tion line between sections three (3)
and (i) i'm township, number one hum
dre'l and thirty anime north, of range,
number ninety-SiN west. i'm said coun-
ty.
Second, That said first party shall
covenant and agree in consideration
of the premises and the covenants
and agreements of said second party
not to lay ont, construct or maintain
or open amy street, highway, alley or
crossing across the track or tracks of
said second party, in the yard ut said
Dickinson between the highways
across the said track, road bed, sta
ton grounds and right of way, to be
opened by said second party aS herein
provided.
Third, That the party of the sec
ond part, in consideration of the vaca.
tion of said highway and the agree.
ment not to open any highways,
streets, alleys or crossings in the yard
of said second party, at Dickinson,
between the proposed extension south.
ward of Voolfolk street and the pro.
posed highway and crossing located
1920 feet west of the section line be.
tween said sections three and four.
shall dedicate to the public the high.
ways described as follows being sixty.
six (66) feet wide.
First, Beginning at the intersection
of Willard and Voolfolk streets i'm
said town of Dickinson, running
thence across the right of way and
road bed of said second party to the
section line between sections three
(3) and ten Q0) in said township.
Second, Beginning at the west end
of Willard street in said town of
Dickinson, running thence westerly
twelve hundred and twenty feet (l22O),
thence south across the right of way
and road bed Of said second party, to
the south line of the right of way of
said second party, and thence east to
the section line between sections nine
10y and ten Q0) in said township.
And that the party of the second
part shall further agree to construct
and maintain for public use foot
path four (D feet wide across the
track and Station grounds of said Sec
ond party, at OF near the east side of
the engine house at said town of Dick.
inson. Provided that the said dedi.
cation for public use Of the highways
and foot-path aforesaid to be male by
said second party shall be understood
to be so made upon the express con.
dition that said first party shall not lay
out, open, or attempt to lay out or
open, any street, highway or crossing
across the tracks of said second party
in it's yard at Dickinson between the
proposed extension southwark of the
said street or highway known as VOL.
folk street and at point twelve hun
dred and twenty Q220) feet west of
the section line between said sections
til rec (3) and four (4) and that if the
first party shall violate this provision
then, in such case, said dedication by
said second party shall be void and
the exclusive right to the property SO
dedicated shall revert TO said second
party.
Further, resolved that when the
said contract provided to be made as
aforesaid shall have been duly pre-
paired and signed and sealed by the
parties thereto and a copy thereof de-
llvered to each party by the other,
and upon construction and opening
for public use the highways and foot
path therein provided to be opened
and constructed by said second party
to said contract, then and from thence
forth that portion of the highway
which crosses the road-bed, right of
way and station grounds of the North
ern Pacific Railroad Company, on the
section line between sections three
(3) and four (i) in the aforesaid town
ship shall be deemed closed and
vacated and without further action of
this board the county auditor, in such
case, is hereby authorized and in
structed to enter the said change of
highway upon the highway record
and road plats of this county in his
office.
Report of 7. Christensen, G. a.
Zimgibl, o. p. Elmer, E. w. George,
John Fisher, r. Hunke, f. Schlap,
man, and j. II. Wieglanda, road SUI.
pervisors, received and approved and
warrants ordered drawn for services
us follows:
,. Christensen Dist. No. 8 $22.5O
G. A. Zimgibl, l2 100
o. Z. Zincr, '' So 1906