The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1903-10-10


crosses said main channel on truss
bridge and thence crosses said lot lC
To the east bank Of said river on a
treslte and,
Whereas said second party has i'm
proved said paint river and is entitled
to and does use the waters thereof in
floating diving and running saw logs
and other products of tho forest
And Whereas, said first party is the
owner in fee of the shore and of the
lands under lying the waters of that
part of said paint river shown on said
exhibit A. subject to the right-of way
of the said third party and the afore-
said rights Of the said second party.
And. Whereas it is understood by
all parties thereto that it will be
necessary for the said party of the
third part sometime in the near future
to rebuild said bridge and trestles or
to remove the same. and erect in lieu
thereof new structure whereon to
carry its railroad tracks across said
river.
And Whereas, said party Of the first
part has constructed dam in said
river below the said trestles and bridge
of said third party and is now Using
the power furnished by said dam for
pumping water and other purposes of
said first party and for the salty of
said works and improvements of said
first party and the conveniences OF the
said second party in floating, driving
and running logs and other forest pro-
ducts in and over said dam that said
parties Of the first and second part
have erected in said river below said
bridge OF said third party peirs and
booms one of which said peiIs is
lveated within the limits of the said
right-of- way of the said third party
and said first part s said improvements
have damaged the said trestles of said
third party and said third party has
been put to cost and expenses thereby
Now therefore this agreement fur
ther witnesseth that said parties OF the
first and second part for and in con.
sideration of the sum of one dollar to
each OF them paid by the said party of
the third part and of the agreements
of the party of the third part herein
fore contained do hereby agree TO with
said party of the third part that
said party of the third part may at
anytime hereafter in leiu of said trestle
and bridge now carrying said railroad
track across said river.
3
Construct fill extending from the
west bank of said river easterly into
said river which fill is hereafter re-
ferred to as the west fill ana may
construct another fill extending from
the east bank westerly into said river,
which last mentioned fill shall here
after be referred to as the east fill,
provided that in case the road shown
on exhibit "A on the west bank of |
the river is legal higwhay, it shall
not be blocked by said east fill but the
party Of the third part shall leave
sufficient opening in it's embankment
to enable the fill and unobstructed use
of said highway the vertical clearance
now existing between the roadway and
the bottom Of the third party structure
shall not be diminished as the horiz-
ontal clearance Of any opening pro-
vided in said embankment for said |
highway shall not be less than eight
feet in width said fills may be of such
height width and slope as said third
party may see fit, provided said nils
shall not extend beyond the side lines
Of the said right of way of third party |
and the east end Of sad west I'LL and
the west end of said east ill. Said
party may construct abutlents upon
which to set girders hereinafter men
toned and may connect the easterly |
end Of said west fill with the westerly
end of sad east fill by means Of girders
which girders shall not be less than
eighty ls0) feet in length, and set upon
abutmments above mentioned which !
said abutments shall be placed so as TO |
provide a cleaer water space of ~ feet
t72) in width The girders thereon
shall be installed on such grade that
the lowest projecting point of the |
portion spanning The clear water space
above referred to shall not be lower
than seven ca feet above the level of
the crest of the dams now constructed
Ana said third party may build and
forever maintain and operate on such
ills and said girders one or more
raidrosd tracks and may renew and
iobuild and forever maintain said fills
abutments and girders and may change
the grade thereof at pleasure, provided
only that said third party