The daily sentinel., 1908-10-14

Provided that any assignmenf. except
ject to the approval of the Secretary.
The term Secretary shall also be
head of the Department OF the United
states charged by law to deal with the
subject matter hereof. as well the
proper subordinate subordinates. and
branches or divisions of the Depart
ment duly accredited or authorized.
In Witness Whereof the parties here
to have hereunto subscribed their
hands the day and year first above
1Signedl
JAMES RUDOLPH GARFIELD.
For and on behalf of the United States
Of America; Party of the First Part
THE d6,,p s0IRSHARD sI9 CONSTRUCTION
BY (Signed)
C. C. MAGENHEIMER,
Party of the Second Part
p o. Address; 1927 First National Bank
Building, Chicago. Ill
The District by acceptance of this
grant hereby assumes performance of
all and singular the conditions upon
which the grant therein expressed was
made, numbered respectively. :. 8. 4,
5. 6, :. $, and 10. set forth at large
in the copy of said agreement dated
May l6. a. ID. 1908. appearing above.
resents and covenants that il has prior
to the execution and delivery of this
instrument fully performed the condi-
further covenants and agrees that il
has not attempted and will not at
on the north side of Grand river or to
furnish any water for irrigation of
right hereinafter conveyed to the Dis
trict and carried by means of the power
canal provided to be owned by said
District shall be turned into Grand
river above, the head of the Grand
Second; The right to take. use. ap-
propriate and enjoy from and out of
the %ntepS OF Grand river in the state
per second out of the rights in that be-
half held and confirmed to the Or
and by virtue of mesne conveyances
TO It from the Grand Mesns Land, Canal
tue of certain claim; plat and state
ment made and filed with the State En-
gineer ,So7 oi Colorado on Novembsr II
by him as water filing No. 4i94, certi-
fled copy whereof was also duly nled
with the Clerk and Recorder OF Mesa
county, Colorado. meaning and intend
ing hereby to convey the water right
which was vested in the Construction
fee of the Recorder of Mesa county
Be1h Td uayc l25 pa page e &io,, Sa all .,n.,ar
the contract. rights. property and
premises. hereinabove expressed to be
and set over unto said Orchard Mesa
Irrigation District forever for the uses
tions hereinbefore contained.
Mn In witness Wines; Whereof; the Orchard
caused this instrument to be sealed
With With its corporate seal and to be
president and secretary, this -
qIf TifE oi ORCHARD GoNsrRGcTioN & y: rrRfSGcTioN
BY .''-'...''.''' ;f,,.-,.,,
Attest
Assistant Secretary.
.........'..,.... OF ..........,......
state Of Illinois. County of Cook. IS,
On this. day of. of.............,,
Fore 70 D. me so q 6s
of The orchard Construction Company, |
eaehi, each Ip@ergsonaily known to me 10, 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
chard Construction Company. for the
uses specified therein.
Notary Public, Cook County, Illinois
obligates itself on its part to pay to
the Construction Company not later
Ing of the essence. for and as the pur-
chase price of said water right and
said license and agreement as an en-
tlretN. the sum of One Hundred and
Thirty Thousand G30. .000) Dollars, sub
.lect to and upon the condition that
water right and said license and
agreement as well as this contract.
shall be duly authorized. ratified, CON
firmed and approved by vote of the
electors of the District legally quail
fled to vote In respect thereto. The
do and procure to be done each and
every such lawful act as shall be nee.
purchase and this contract to said cleo
tors for authorization and ratification
of Colorado.
The above agreements of the Con-
struction Company are upon the
press condition that the District shall
duly create an issue of its bonds for
the purpose of providing itself with
a9d me@bs to The
purpose of constructing. acquiring and
purchasing any and all canals. bitches.
rights; rights of way. or other prop
erty for the use of the District and
one Hundred Thirty Thousand oiso.-
OOOl Dollars to the Construction Com
pany psnyrnh not later than i16s said nrst day of
| ever, that the District shall have the
right to pay said purchase price in its
property in said District at the rate OF
ninety-hve per centum of the face val
thereon without discount represented
by coupons subsequently maturing for
| and as but in lieu OF cash, in case the
| District shall not have made sale of
its bonds for cash in the manner and
form provided by law.
THE ORCHARD CONSTRUCTION
COMPANY.
BY C. c. MAGENHEIMER.
| President.
Attest: l. S. HAIGHT.
Assistant Secretary.
! corporate Seal)
| ORCHARD MESA IRRIGATION DIS
TRICT.
BY FRED w. BARBER,
| N. V. FOSTER.
| GEORGE SMITH.
Its Board of Directors.
/ E.RE,D w PARRER