Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-07-25

company Tor the use OF the American
Lumber company, to be west OF the
right of way OF the A., 4. u s. \. RAJ.
way company and not less than one
hundred 400 feet In width. Said right
OF way to he selected and designated
by the party of the second part.
4th. The right of way from the point
where IL is practicable TO run parallel
with said spur. as specj' ed in the last
preceding paragraph third. parallel
with said spur to the mills of the said
American Lumber company and said
right of way to be not less than thirty
800 feet in width.
9Th. All that portion of that certain
tract OF land known as the A. M. Gen.
tile tract of land tying west OF the
street In said city of Albuquerque
known as Broadway" which said
tract OF land, including the portion
thereof east of Broadway, Is described
as follows. Beginning Mt the intersec.
tion OF the right of way of the Atchi.
son, Topeka a. Santa Fe Railway com.
pany and the north line of said Wash
ington avenue, and running thence east
along the north line OF said Washing.
ton avenue to point one hundred and
forty-two r42) feet west OF the inter-
section OF said line and the east line
of Broadway; thence from said point
parallel with the said west line OF
Broadway to the north line OF Carroll
avenue IL extended; thence with the
east line OF saia tract as shown on
the printed map OF the city OF Albu.
querque, compiled ny w. G. Willets,
and now In general use In said city,
following and including the irrigation
often now In use, to the north line OF
said tract hereby contracted to be con-
veyed: thence west with the south line
OF the land of a. Bratina, to the south.
west corner OF the land of said Bratina
thence easterly and northerly In a
meandering line with the west line OF
said Bratina to the south line OF the
Southwestern Brewery and Ice com.
pany's property; thence with the last
mentioned line TO the east line OF the
right OF way OF the said Atchison, To-
peka a Santa re Railway company;
'htht' WIN tht Sdlu idSt mentioned
line TO the place of beginning. Bound.
ed on the north 10y the lands of the said
Southwestern Brewery and Ice compa.
ny and said Bratina: on the east by
the SAL line parallel with Broadway
and the east line of said altch, and in.
GLIDING the said ditch; on the south by
Washington avenue. and on the west
by the right OF way OF the said Atchi.
son, Topeka n Santa Fe Railway com.
pany, excluding from the land above
described all lots or parcels OF land
which have been sold or conveyed at
the date OF the execution of this ins.ru.
ment within the tract above described
and agreed to be conveyed on the east
side OF said tract and north OF the
north line OF Carroll avenue. II extend.
ed. And for further description OF
said tract, reference is hereby made to
map hereto attached, marked Exhibit
b."
Said deeds of said lands. rights Of
way, easements and appurtenances
, shall he deposited by the parties OF the
first part In one OF the banks In Albu.
querque on or before the first day Of
January, A. ID. 1904.
9Th. Should the said parties OF the
first part fail to so procure and deposit
said deeds within the time aforesaid.
then the said party of the second part
shall have the right TO purchase said
land, right of way. appurtenances and
easements, or acquire title thereto by
condemnation proceedings, and in that
event, said parties of the first part
agree and covenant with the party Of
the second part to reimburse the said
party OF the second part, and repay
to 1t all money. costs and expenses.
paid, laid out and expended by the
said party OF the second part. for the
purpose OF so acquiring said lands,
right OF way, easements and appurten.
ances, or any part thereof.
7th. Said parties OF the first part
| shall have the right to use the name of
the party OF the second part and insti.
tute proceedings therein for the pur-
pose OF condemning any part or all OF
the said lands. right OF way. easements
and appurtenances. for the use OF said
party OF the second part, and 20 con.
troll and direct such proceedings.
Should said parties of the second part
avail themselves OF this provision they
hereby agree to pay all costs and dam.
ages and expenses that may he In.
Cured thereby, including the costs OF
the property condemned. court costs
and attorneys tees.
Sth. II Is further covenanted and
agreed that said party of the second
part shall not be delayed In the build.
ing, construction and completion OF It's
said road by the failure OF said parties
OF Tie first part TO procure title to said
lands, right of way, easements or APP
purtenances or any part thereof,
whether the same is procured by pur.
chase or condemnation. and said par.
ties OF the first part hereby covenant
and agree to indemnify and save harm
less said party of the second part for