The Arizona sentinel., 1893-05-06
q. II. BaIELEY,
Clerk of said District Court.

U.
 q. II. BaIELEY,
 Clerk of said District Court. In the District Court, Third Judicial District Coun
 ty of Yuma, Territory of Arizona
 The Village of Yuma, Municipal Corporation, by its Mayor and Common Council, Plaintiff, vs D. B. Humphrey, Defendant.
 Action to condemn right-of way for levee. The village of Yuma, municipal corporation, organized and existing under the laws of the Territory of Arizona by ts Mayor and Common Council plaintiff in this action complains of D. B. Humphrey, the defendant, and alleges:
 First.-That plaintiff was organized and is exist ing under the laws of the Territory of Arizona, municipal corporation, and in its corporate pacity is with the grantors, the owners and occu- pants of the townsite of the said village, and such is empowered to do all necessary acts for the government, improvement and protection of said village and townsite and the inhabitants thereof Second.-That the residence of D. B. Humphrey tbe defendant, is unkown to this plaintiff.
 Third.-That during the months of February and March, 1891, large part of the eastern portion of said village limits destroyed and damaged and the navigation of the Colorado River at said village obstructed by flood from a rise of the said river and the Gila river, thereby making it neces- sary for the improvement of the navigation Of said Colorado River and the protection of the naviga tion of the same, and the protection of said village townsits from overflow from said Colorado river, that levee be constructed; and for such purpose the Congress of the United States by law appro- priated the of ten thousand dollars for the building of levee inside the corporate limits of said village tOwnsite, provided the said village municipality, procured the right of way for said levee, and caused the said right of way to be con- yeyed to the United States for such purpose. That the Uunited States has caused the route of said leve to be surveyed and a blue print of the map of said survey, marked exhibit GA" is hereto annexed and made part of this complaint show ing the location of said levee the lands sought to be condemned by this action, and the general route of said levee.
 Fourth.-That Q. B. Humphrey, as the plaintiff is informed and believes, claims the right title and interest of the south half of lot three block teen, village of Yuma, Whites Survey, as shown on exhibit 'A' and which plaintiff in this action seeks to condemn right of way for said levee, as marked on said exhibit 'A."
 That the right of way sought to be condemned through and over said south half of said lot three, block seventeen is about 200 feet in length and about one hundred feet in width, and includes and takes less than of land more or less begin ming at the southeast corner of the lot, on the south side of Fourth street and the bank of the slough and running thence along the bank of the slough N. degrees, .O6 minutes, W. 9O.6O feet, more or less; thence west 99, 50 feet; thence S degrees, .O3 minutes, E 200 feet more or less; thence along Fourth street \. S4 degrees, .06 min utes 99. feet to point of beginning, shown on the map of survey of sad levee, marked exhibit IA" That said tract is only small portion of the 4and of defendant.
 That plaintiff before the bringing of the action, endeavoring to ascertain the whereabouts of said defendant in order to secure said right of way but after making inquiries from parties likely to know of his whereabouts could not find his place of resi-. dence.
 That the south half Of said lot has little actual value without saidlevee is constructed as large portion of the same is subject to overflow from the water of said river, unless protected by the pro. posed levee That when said levee is constructed it will be protected from overflow and greatly en- hanced in value that said levee is public use and that this plaintiff is the agent of the Territory in charge of said use.
 Wherefore, by reason of the premises plaintiff prays that a summons issue citing the said defend ant to appear before this court and show why this application for right of way should not be granted and the said described strip of land con emned for the purpose herein set forh that at the hearing hereof the said strip of land sought as e right of way by plaintiff through and across said South half of said lot be by the court condemned for the purpose prayed for in this complaint; that he court place fair and reasonable value on the anne according to the facts and the evidence; that the court by its judgment fix the price to be paid defendant by the plaintiff for said right of way, and adjudge the costs to the plaintiff and that the court make such other and further orders in the premises as are agreeable to equity, the facts evi dences and premises considered.
 J. L. VANDERwERKER, Attorney for the Village of Yuma, Territory o
 Arizona.
 HERR IToRY OF ARIZONA,
 County of Yuma. %
 Before me, F. L. Ewing, Notary Public ir and for the County of Yuma, Territory of Arizona personally appeared A. Frank who upon oath says That he is the Mayor of the village of Yuma. Ter rtory of ArIzoua and that the facts stated in tn, foregoing complaint are true; except to thos matters stated upon information and belief an' those matters he believes to be true
 A. FRANK, Mayor. Subscribed and sworu to before me the 7th day O March, A. D. 1893.
 F. L. EWING, Notary Public, County of Yuma, Territory o [Seal.l Arizona.
 Affidavit in the above entitled action for publi cation having been filed in this court it is ordere, that the foregoing complaint and summons be pub lished in the newspaper known the ARIzON4 SENTINEL, published weekly in the village an nty of Yuma, Arizoca for the period required b. Jaw.
 Done this 7th day of March, A. D. 1893.
 c. H. BRINLEY, Clerk. Filed this 7th day of March, A. D. 1893
 c. H. BRINLEY, Clerk. "A true copyl C. H. BRINLEY, Gle K