The daily sentinel., 1908-10-05
NOTICE OF IRRIGATION DISTRICT


29th day of September A d. 1908;
Resolved. That the Board of Direct
ors does TSo, hereby % certify AZ ni f2loIsi 1905
the Board of Directors duly adopte'
plans and specifications for an irriga
tion system for. Orchard Mesa irriga
tion District. and thereupon called 70
bids for the construction thereof to b,
opened on September 2Sth. a ID. 1908
2. That on said last mentioned day
The orchard Construction Compan,
submitted "A bid and proposal for con
said adopted plans and specifications
in consideration of the sum OF SD
Hundred and Seventy Thousand tsG70.'
3. That on to-wit. September 2sth
A. ID. 1908. said bid and proposal was
accepted and contract made thereon
between said District and said Con
struction Company,
4. That on the same date the Board
made contract with The orchard Con-
struction Company for the purchase OF
a water right and right of way over
for the sum of one Hundred and Thir-
~. Thousand ts1so,ooo), Dollars.
by the terms thereof expressly made
subject to the approval and ratihca-
tion thereof by the electors of said
District having the qualifications pre-
Resolved Further, as follows:
That the amount of money necessary
to be rnised for the purpose Of making
the payments required by said several
essary for said Irrigation system. and
for the purpose Of paying the hrst
ter mentioned and otherwise carrying
out the provisions OF an act OF the
orado. entitled AN Act in Relation to
Irrigation Districts" approved May 3.
A. ID. 1905. and all acts amendatory
thereof. upon due inquiry. examination
and consideration has been and hereby
is determined to be the sum of Nine
Hundred Thousand $500, ,0000O) Dol
That a special election be and here
by is called to be held in orchard Me
sa Irrigation District on October 26th.
a. ID. 1908. at which election there shall
be submitted to the electors then quail
Colorado, the following questions:
FIRST QUESTION:
Shall the contract dated September
2Sth. a. ID. 1908. between The Orchard
Construction Company and The Or
chard Mesa Irrigation District. cover
ing sale. transfer and conveyance to
right from the Grand river and right
of way over lands of the United states
proposed irrigation system, for the
sum OF one Hundred and Thirty Thou
sand si3o,oo0;ool Dollars be author
Memorandum OF Agreement made
lseteRSii iSe oRcHARD RI MESA MES VeoNsTTRTcTIoN
COMPANY, corporation under the
the eS coNsTRGcTioN COMPANY. party
OF the first part. and ORCHARD MESA
IRRIGATION DISTRICT. also a corpor-
matter called the DISTRICT, party of
the second part.
/. The District has duly adopted a
plan for the construction OF "A canal
and works for the purpose of irrigat-
which plan Involves the diversion of
the necessary water from Grand river
at n point in section ~. township 10.
Enntl NS west in Mesa county.
Colorado, and the construction of canal
fumes and syphons in the canon of the
nine and 9-100 miles to pumping or
power plant at the eastern boundary
and the construction of two certain
other canals lying within said DIS
'rkiCT said proposcd canals ira travSrse
lie domain and other lands held in pri-
2 The CONSTRUCTION COMPANY
owns water right from Grand river
having its point of diversion at said
point in the canon OF the Grand river
and permitting the con-
by it of said canals upon oy-
said point Of diversion and the
tcrmini of the distributing
canals respectively situated at or near
westerly boundary of the lands includ-
ed within said DISTRICT.
>. The DISTRICT is about to enter
cation system and has advertised, as
by law, its call for bids for
precedent to entering into any contract
for such construction. the board of di-
rcctors of the DISTRICT has dctcrm-
incd IL to he necessary to acquire "A
water right and other property rights
cr to acquire by the exercise of its
right of eminent domain, under the
and laws of Colorado, and
CONSTRUCTION COMPANY.
Now. therefore. FOR and In consider
alton of the promises and for the sum
of one dollar to each by the other paid,
II is mutually agreed between the par
FIRST, The CONSTRUCTION COM
pANN shall upon receipt of the pur-
chase price here.nafter stipulated. de-
liver to the DISTRICT Hn Instrument
In writing duly signed: scaled. wit
messed and acknowledged in such mau-
ner aS to be eniitled I9 record where,
shall grant. sell aud convey unto the
DISTRICT the water right heretoforc
acquired by said CONSTRUCTION
by deed made executed and
delivered to u by IL. @. Eberharts and
also shall assign to said DISTRICT the
certain license and agreement dated
May l6, \. u. 1908. by and between the
United states OF America; acting in
Secretary of the Interior, and said
CONSTRUCTION COMPANY. said in
strument shall be of the following
Know all Men by These Presents
that for aud in consideration Of the
sum of one Hundred and Thirty Thou
sand (13O.OO01 Dollars receipt where
of Is hereby acknowledged, The Or
chard Construction Company, n corpor-
alton under the laws OF the state of
colorado. hereinafter called the CON
COMPANY, party of the
first part. has sold aud does hereby
sell assign. transfer, grant. bargain,
sell. set over and convey unto orchard
Mesa Irrigation District. also corpor-
alton under the laws of the state OF
Colorado, hereinafter called the DIS.
TRICT party OF the second part all
and singular the following property.
to-wit
FIRST: All rights of every name
and nnture conferred upon the Com
atruction Company by certain agree
ment nude and entered into on May