The daily sentinel., 1908-10-17

pressed (but subject to all the terms
and conditions stated abovel be sus-
ProSided fs that anssIsssH any assignmest. escept
| ject to the approval of the. Secretary.
| The term Secretary shall also be
Sesd Of Il the meep esa OF the @ uniteS
States charged by law to deal with the
subject matter hereof, as well as the
branches or divisions of the Depart
ment duly accredited or authorized
to have hereunto subscribed their
hands the day and year first above
written.
(signedl
JAMES RUDOLPH GARFIELD;
For and on behalf of the United states
of America, Party of the First Part:
THE ORCHARD CONSTRUCTION
C. C. MAGENHEIMER.
President.
Party of the Second Part
p. o. Address: 1877 First National Bank
Building. Chicago. Ill.
The District by acceptance of this
grant hereby assumes performance OF
which the grant therein expressed was
made. numbered respectively, 2. 3. 4,
5. G.. Z. s. and 10. set rorth at large
May 16. A D. 1908. appearing above.
The Construction Company hereby rep
to the execution and delivery of this
instrument fully performed the condi-
tion in said grant numbered H. and
further covenants and agrees that it
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
eanai Proyided to ,,o be owned ed by said
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
od Soiorado, % t 4Sg Gu duo,G beet OF hay Wa.er h
half held and confirmed to the Or
chard Construction Company under
to IL 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 IL |
A d. 1907, approved and designated |
fled copy whereof was also duly hled |
with the Clerk and Recorder of Mesa |
county. Colorado. meaning and intend
which was vested in the Construction
company Con by % deed recorded d.. IN the ,n Of
To Have and to Hold all and singular
premises hereinabove expressed to be
sold. assigned. transferred |
ana set over unto Sllu oTcnaTd Mesa
Irrigation 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
'r president and secretary this so
TIE ORCHARD coNsTRUcTioN
by ''''''''''''''-'''P; President
Attest:
Assistant Secretary.
Executed in presence OF:
................ of ..-...,..........
state of Illinois County OF Cook. IS.
On this, day Of. 80,
fore 70 ~ me c c %agenheimerp apPPaesH PPresdent
and /. S. IIaight. Assistant Secretary.
Of The Orchard Construction Company.
such officers of said company and to
be the Identical persons they respect
respectively acknowledged the forego-
ing instrument to be his free act and
chard Construction Company. for the
uses specified therein.
Notary Public. Cook County, Illinois.
The said District hereby binds and
obligates itself on its part to pay to
than December /, A d. 1908. time be-
ing of the essence. for and as the pur-
chase price OF said water right and
,i-etv. the sum Of One Hundred and
Thirty Thousand G3oooo) 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.
The above agreements of the Con-
press condition that the District shall |
duly create an. issue OF its bonds for
funds and means wherewith to nay the /
aforesaid purchase price and for the
purpose OF constructing. acquiring and
reservoirs. reservoir sites water. water
rights; rights OF way: or other prop
that the District shall pay said sum of |
One Hundred Thirty Thousand Gso.-
OOo) Dollars to the CONSTRUCTION Com
December. 4. d. 1908. Provided. how
right to pay said purchase price in its /
property in said District AZ. the rate OF
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 bv law.
THE ORCHARD CONSTRUCTION
COMPANY.
BY C. C. NAGENHEIMER.
President
Attest; l. 8 HAIGHT.
Assistant Secretary.
corporate seal)
MESA IRRIGATION DIS
TRlCT.
By FRED w. RARBER.
N V. FOSTER.
GEORGE SMITH.