The daily sentinel., 1908-10-12

L.
ject to the approval of the Secretary
The term Secretary shall also be
deemed to mean the official or acting
head of the Department of the United
States charged by law to deal with the
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 here
hands the day and year first above
written.
JAMES RUDOLPH GARFIELD.
OF America, Party of the First Part
THE ORCHARD CONSTRUCTION
COMPANY.
By (Signed)
President
Party of the Second Part.
p. o. Address: 1927 First National Bank
Building, Chicago. Ill.
Attest:
grant hereby assumes performance OF
all and singular the conditions upon
which the grant therein expressed was
made. numbered respectively 2, 3, A.
5. 6. Z. S. and 10. set forth at large
in the copy of said agreement, dated
May 16. A. 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-
tion in said grant numbered II. and
further covenants and agrees that II
mas not ana VIII
tempt to construct any irrigation works
on the north side of Grand river or to
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
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
of Colorado. 45O cubic feet. OF. water
per second out of the rights in that be-
half held and confirmed to the Or
chard Construction Company under
to 1t from the Grand Mesas Land, Canal
and Power Company; under and by vir-
ment made and filed with the State En-
gineer of Colorado on November II.
by him as water Ming No. 4194, certi-
fed copy whereof was also duly filed
with the Clerk and Recorder of Mesa
county. Colorado. meaning and intend
ing hereby to convey the water right
which was vested in the Coastruction
fee of the Recorder of Mesa county,
Book 1875. page So.
TO Have and to Hold all and singular
the contract. rights. property and
premises hereinabove expressed to be
sold. assigned, transferred
District. forever for the uses
and purposes hereinabove expressed.
but subject to the terms and condi-
In Witness Whereof. the Orchard
Mesa Construction Company has
caused this instrument to be sealed
signed. executed and attested by its
president and secretary, this
rHE ORCHARD coNsTRUcTioN
COMPANY.
7y''-''''--.'''.'-''''ip prreside,t
Attest:
Assistant Secretary
Executed in presence of:
of ..........-....-.
state of illinois. County OF of Cook. IS.
On this. ...... day of. of.-...........-,
\ ID. 100, personally appeared be-
me & o Masenseimer
IF The orchard Construction Company.
each personally known to me to be
be the identical persons they respect
vely represent themselves to be. and |
acknowledged the forego-
ng instrument to be his free act and |
Iced and free act and deed of the Or
hard Construction Company. for the |
lses specified therein.
Notary Public. Cook county illinois
)bligates itself on it's part to pay to
the Construction Company not later
than December l, A. ID. 1908. time be-
nE OF the essence, for and as the pur-
chase price of said water right and |
said license and agreement as an en-
yirctv. the sum OF One Hundred and |
iect TO and upon the condition that |
the purchase by the District of said |
as wen as this contract,
shall be duly authorized, ratified. con-
Emsd and h 9ppr9Xled by yote of The
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
tors for authorization and ratificat tton
as required by the laws of the state
of Colorado.
struction Company are upon the eN-
press condition that the District shall
duly create an issue Of it's bonds for
the purpose of providing itself with
funds and means whercwith to pay the
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 prom
crty for the use of the District. and
that the District shall pay said sum of
one Hundred Thirty Thousand G3O.-
nany not later than said hrst day of
December \. II. 1905, Provided how
ever; that the District shall have the
right TO pay said purchase price in its
bonds having a prior lien on the real
property in said District at the rate OF
ninety-tivc per centum of the face val
ue thereof and any accrued interest
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
Assistant Secretary
oRccMpTRpPRlpo TRpPlo'' MESA i2S;ll 1RR1GArIoN DIS
TRICT.
BY FRED w BARBER
" V. FOSTER
GEORGE SMITH
Its Board OF Directors.
Attest; FRED w. BARBER.
President.
r. f. UDLOCK.