The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-26
LEGAL.

as SHOWN Dy the recprued pIaI~ Thereon,
said strip extending across said addition
from the south line to the north line
thereof; said pipes to be laid not to ex-
coed ten Q0) feet distant from the west
line of said alley. Together with the
right Of entering upon said premises and
OF inspecting, relaying or repairing or
pipes or aqueducts and of doing all things
necessary to lay, use and maintain the
Also the undivided one half of the bridge
heretofore erected over and across Mar
TINS creek, together with the undivided
the city of Potwin Place across said Mar
tins creek at the point where the said
bridge is located, together with the right
to use said bridge for the purpose of
a cross said Martins creek upon the said
bridge where the same is now laid To-
gether with the rights and privileges
granted by the city of Potwin Place to
Ii, A. D. 1882, and recorded in the office
of the register of deeds in the county of
Shawnee and state of Kansas, and sub
Also a right of way across the rear or
east end of lot seven "a, nine 90. eleven
90, nineteen Q9), twenty-enef CID, TWEEN
ty-three (2S), twenty-five (25), twenty-sev-
en- 81, twent Sg S2s) thir tx CD,
seven 80. thirty-nine $3.50, forty-one (4o,
forty-three (4S). forty-five (45), forty-sev-
three (53), fifty-five (50, fifty-seven go,
hfty-nine $50, sfxty-one t6ls, s1xty-three
(6S); sixty-five (65) and s-xry-seven $50,
on Underwood avenue in Underwood adj
dition to the city of Topeka, TO lay, use
and maintain water pipes or aqueducts
and to make excavations therefor over
and through so much may be reason
west side of and adjacent to the alley
running north and south on the east side
of Underwood addition to the city Of To-
peka, as shown by the recorded plat
lots from the south line Of lot number
seven % to the north line of said lot
number sixty-seyen Cd "a said pipes not
from the west line of said alley. Togeth-
with the right of entering upon said
premises and of inspecting, relaying, re
pairing or making connections with the
water pipes or aqueducts ana OF DONG
all things necessary to lay, use and main
Also, all right title and interest in and
to the west half (12) of lots numbered
hundred and thirty-six Q36), one hundred
and thirty-eight (13S), one hundred and
forty GAO, one hundred and forty-dt,WV1o
d42) and one hundred and forty-four q4D
on Buchanan street in Aornes addition
to the city of Topeka. Together with all
tances thereto belonging or in anywise
appertaining. All of said real estate be-
ing located in the county of Shawnee and
Also all and singular the entire property
of the said party of the first part, The
of Topeka, county of Shawnee, state OF
Kansas, or elsewhere, and all erectlons
and buildings. all machinery, engines,
reservoirs, pumps, wells MIGRANTS, plugs,
pipes stand-pipeS, main and distribution
pipes, water works plant, fixtures and
other constructions, and all the equip
ments and also all the tools. implements
and fixtures of every kind and nature,
manufactured constructed, built, laid, pur-
chased or in any way acquired in or about
the construction, maintenance ana Opef-
alton of the water works plant of the sald
party of the first part in said county OF
Shawnee. Also all rights, privileges, pow
ers and franchises which may have been
granted to or conferred by the state OF
New Jersey or the city of Topeka, Kan
sas. or otherwise, upon the said party
of the first part, or upon any OF the prior
owners of the water works plant now or
hereafter owned or operated by the said
party of the first part in and near the
city of Topeka, in the state OF Kansas,
and all, which may hereafter be so grant
ed or conferred, and all the franchises OF
of every name and nature, rights of way
fa li1 Of To5Ineka and the Vicinity thereof
with water for the extinguis hmeut OF Hre
and for domestic and other purposes ana
all the income, rents, profits. emoiuments
and moneys derived or to be derived from
the said water works plant and property.
And all and singular the entire estate
and property, real, personal and mixed,
now owned and which may be hereafter
acq uired by the said party of the first
part, and all the rights and franchises OF
every name, nature and kind of the said
party of the first part, The Topeka water
Co., now owned and which may hereafter
be acquired by the said party OF the hrst
part.
The decree provides among other, things
that the said property and franchises as
above described shall be sold as an en-
tirety and in one lot or parcel, and all the
right title es dq b TepKa 3 Water ae Coy
and of all persons claiming or to claim
under it, and of said complainant The
Metropolitan Trust Co as trustee OF the
first consolidated mortgage bond holders,
and The Pioneer Trust Co of Kansas
city Missouri 6rd as trustee OF an 1d to said
property and franchises and every parl
and parcel thereof, shall be forever barred
the first mortgage bond holders; said sale
to be made subject to the superior ano
paramount lien upon said properly ere.
ated by the first mortgage or deed OF trust
of the said Topeka Water Co, as in saio
decree found and determined.
The said decree further PROVIDES thai
the special master shall receive no bic
from any one Offering to bid who sinai
not first deposit with him n, as pledge ma "a.
acceptance, the sum of ten thousand DOL.
lare $4,000 in money or by certlnec
check upon any national bank or trusl
company or twenty-five thousand dollars
(S25. 0O0) par value of said hrSt consoll
dated mortgage bonds. The deposit SC
shall be returned to him when the prop
erty shall be stricken down, and the de
Dosit received from the successful bidder
shall be applied on account of the pur'
chase. price of the property.
If any sale for which a deposit s + mas peer
such deposit shall be returned to the bid
der.
special master shall accept no bid fol
said property and franchise less than the
sum of one hundred thousand dollars
| $500 OOO0 and unless such sum shall be Ole
the special master shall adjourn the sal'
and apply to the court for further IN
structiOrs-
For further particulars and more spe
cific information reference is hereby hat
to the decree entered in the above entitled
suit on March Il, 1904
HIRAM P. DILLON. Special Master.
ROSSINGTON, SMITH & WEST,
Solicitors for Compliments.