The daily sentinel., 1908-10-16

1ect to the approval OF the secretary
The term Secretary shall also DE
deemed to mean the official or acting
head of the Department of the United
subject matter hereof. as well as the
proper subordinate. subordinates. and
branches or divisions of the Depart
ment duly accredited or authorized.
In Witness Whereof the parties here
hands the day and year first above
written.
/ (Signedl
4 Secretary.
For and on behalf of the United states
&c coMPANY. SsfhA''O ~ -0'
| By (Signed)
C. C. MAGENHEIMER.
President.
Party of the Second Part.
P. o. Address: 1127 First National Bank
Building, Chicago. Ill.
| Attest:
! The District by acceptance of this
grant hereby assumes performance of
all and singular the conditions upon
made, numbered respectively. 2. 3, 4,
8. 6. Z. 8, and 10. SET forth at large
May I6. K d. 1908 appearing above.
The Construction Company hereby rep
resents and covenants that it has prior
| TO the execution and delivery of this
Instrument fully performed the condi-
ton in said grant numbered II, and
further covenants and agrees that II
has not attempted and will not at
tempt to construct any irrigation works
furnish any water for irrigation of
such lands. except insofar as waste
power water covered by the water
right hereinafter conveyed to the Dis
trict and carried by means of the power
faaa hs he to rneS be eTnhd by s
river above. the head of the Grand
Second The right to take. use. ap-
propriate and enjoy from and out of
The waters of Grand river, in the state
of Colorado. $50 cubic feet of water
per second out of the rights in that be-
half held and confirmed to the Or
ehard Construction Company under nder
to II from the Grand Mesas Land. Canal
and Power Company under and by vir-
ment made and fled with the State En-
gineer of Colorado on November IL:
by him as water Ming No. 4i94. certi:
fed copy whereof was also duly filed
county, Colorado meaning and intend
which was vested ted in the rue
fee of the Recorder of Mesa county, |
Book 126. page 81
premises hereinabove expressed to be
and set over unto said Orchard Mesa
and purposes hereinabove Expressed, |
but subject to the terms and condi- |
tions hereinbefore contained.
In witness Whereof, the orchard
caused this instrument to be sealed
with its corporate seal and TO be
president and secretary. this
%HE AZ OF ORCHARD eeoNRsTRGcTioN & II rRS
COMPANY.
By .'--.- r..-..-. ;,,,.....,.
Attest:
Assistant Secretary.
Executed in presence Of:
.s o = g. e o - -
state of illinois. County OF Cook. SIS.
On this. day of. f...-...-..-
4, AZ d, 1 isoi :, personaaily appeearsd be
anG q'f e Haight esaaaf, %saiat%nt seereaary.
of The Orchard Construction Company.
each personally known to me to be
be the identical persons they respect
ively represent themselves TO be. and
ing instrument to be his free. act and
deed and free act and deed OF the Or
uses specified therein.
Notary Public. Cook County. Illinois.
The said District hereby binds and
obligates itself on it's part to pay to
than e on Deeember i of1painsS ID isos no" lime a ber
ing of the essence for and as the pur-
chase price of said water right and
tirety the sum OF One Hundred and
Thirty Thousand C130, 000) Dollars. sub
the purchase by the District of said |
water right and said license and |
shall be duly authorized ratified. con-
electors Of the District legally quail
fed to vote in respect thereto. The |
board of directors of said District shall |
do and procure to be done each and
every such lawful act as shall be nee
essary in order duly to submit the said |
purchase and this contract TO said cleo
as required by the laws OF the state
of Colorado.
Tho above agreements of the Con-
struction Company are upon the ex.
press condition that the District shall
duly create an issue OF its bonds for
the purpose of providing itself with
aforesaid purchase price and for the
purpose of constructing. acquiring and
purchasing any and all canals, bitches.
reservoirs. reservoir sites. water. water
rights: rights of way. or other prop.
that the District shall nay said sum OF
one Hundred Thirty Thousand 130.-
ooo) Dollars to the Construction Com
many not later than said first day OF
December. y. %. 1908. Provided. how
ever. that the District shall have the
right to pay said purchase price in its
property in said District at the rate of
ninety i've per centum Of the face val
ue thereof. and any accrued interest
thereon without discount represented
by coupons subsequently maturing for
District shall not have made sale of
rs bonds for cash a: in the manner and
THE ORCHARD CONSTRUCTION
BY c. C. MAGENHEIMER.
Attest: I. s. HAIGHT;
Assistant Secretary
ORCHARD MESA IRRIGATION DIS
TRICT.
n V. FOSTER
GEORGE SMITH.
Its Board of Directors.