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

now OF utltdtAtl pllcldtNA VA bhN t"o'
! side of said river and said first and
second parties of and in the near
neighborhood Of the proposed lvealine
Of said east ill and said first and
second parties further agree that said
third party may maintain in said river
the dam marked "A upon the said
map hereto attached, until said third
party shall have constructed said I'LL
and girder in lieu of said trestle and
bridge and shall upon the completion
OF said work at its own expense re-
move said dam. provided that during
the time when said dam shall be
maintained by the party of the third
part it shall provide and maintain
suitable slnce ways for the purpose of
furnishing an outlet through said dam
for such water as may be drained into
said river above said east fill by the
mines now or hereafter operated on
the east side Of said river and in the
near neighborhood of the proposed
location of said east fill.
Said party Of the third part agrees
that said first and second parties,
either or both Of them, may maintain
tie ,aid pier now erected in said river
and within the right of way Of said
third party and may use the same for
the purposes Of said first and second
parties or OF either Of them. provided
however that if the construction Of
said west fill by said third marty shall
render said pier useless w said first
and second party the said third party
shall not be liable to either said first or
second parties, the said third party
shall not be liable TO said first or Sc
cond parties for any loss or damaged
occasioned TO either Of them thereby
and provided further that in such
case the first and second parties or
either of them, may erect pier for
use in lieu of such peir covered by said
west fill at any other point in said
river or in said west fill, so long as the
location and operation OF such pier
does not interfer with or endanger the
said fill or abutments or girders afore-
said provided further that upon said
party furnishing 10 SAID third party a
suitable iron ring said third party will
place the same in the said abutment
TO be imbeded at the east end of said
west fill in and manner as shall be
directed by the city engineer Of said
first party which boom ring may be
used 10y said first and second parties
for the purpose Of anchoring boom
there to provided further that said
boom ring shalb be furnished and the
manner in which ii shall be placed in
said abutment shall be specified within
five day after demand therefore be
made by said third party upon said
rirst party.
Said third party hereby releases said
first party Of and from all claims
damages rights in action and demands
whatsoever which il has or claims to
nave against said first party for dam
ages heretofore occasioned TO the tres
ties of said third party by said works
and improvements Of said first party
and from all costs and expenses 70
which said third party has been put
to on account thereof And said first
party may, said third party agrees
continue the operation Of its works
and improvements as the same are now
constructed, regardless of the effect
thereof upon the trestles and bridges
Of said third party, without liability
to said third party for any loss or
damage occassioned to it thereby, pro
vided such operations shall be conduct
ed in a careful and prudent manner
The terms, stipulations, conditions
and agreements herein are hereby
declared to be binding upon and shall
insure to the benefit Of the successors
and assigns of the respective parties
hereto in witness whereof
The said party of the first part has
caused Is name TO be subscribed to
this instrument by its mayor and clerk |
who are here unto lawfully authorized |
by Il resolution OF the common council [
Of said party Of the first and the party
Of the second part and the party Of
the third part have caused their names
and corporate seals 60 be hereonto /
affixed by their respective officers who
are thereonto lawfully authorized, tine
day and year first above written
executed in duplicate.
City of Crystal Falls
by, Richard Wehse Mayor
Attest Robert NUNS Clerk
Menominee River Boom Company, 4
by#--=-----a-=--e----a--- President. /
Attest :, Secretary.
Chicago & Northwestern Railway /
Company, by --.. President \
Attest Secretary.
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