The daily sentinel., 1908-10-08

ject to the approval of the Secretary,
deemed to mean the Official or acting
sead OF the department of the United
subject matter hereof. as Well as the the
proper subordinate. subordinates, and
| branches or divisions of the Depart
In Witness Whereof the parties here
I to have hereunto subscribed their
hands the day and year first above
written
CSigned)
JAMES RUDOLPH GARFIELD.
For and on behalf of the United states
OF America. Party of the First Part.
THE ORCHARD CONSTRUCTION
By (Signed)
c c. MAGENHEEIMER;
Party of the Second Part.
p o. Address: 1127 First National Bank
Attest:
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. 2. 3. 4,
IN the copy of said agreement. dated
May 10. A u. 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 H. and
turther 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
suen lands, EXCEPT insofar as waste
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
Valley canal.
Second: The right to take. use ap-
propriate and enjoy from and out of
the waters of Grand river, in the state
n1.f f.At Of TOW
per second out of the rights in that be-
half held and confirmed to the Or
and BY virtue of mesne conveyances
to II 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 filing No. 4194. certi-
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
flee of the Recorder of Mesa county,
Book l25. page 50.
To Have and to Hold all and singular
the contract, rights, property and
premises hereinabove expressed to he
conveyed, sold. assigned transferred
and set over unto said Orchard Mesa
Irrigation District. forever for the uses
and purposes hereinabove expressed.
tiens hereinbefore contained.
In Witness Whereof. the Orchard
Mesa CONSTRUCTION Company has
with its corporate seal and to be
signed, executed and attested by its
president 6ae nt and secretary this ao
THE Tif o' ORCHARD eeotN4sTrRRHucrioN &C Il rRHi
COMPANY.
President
Attest:
Assistant Secretary |
Executed in presence Of;
state of Illinois. County of Cook. ss
on this his day Of ..;;:;:.;,. -
fore me. {. G. Masenheimer. f'f President |
and J. $. Haight. Assistant Secretary. |
such officers of said company and to |
sheS to be
respectively acknowledged the forego-
Ing instrument to be his free act and |
rhard Construction Company for the |
uses specified therein.
Notary Public. Cook County. Illinois
The said District hereby binds and
se 1se on ,s part to pay
han December /. a. ID. 1905. time be-
ne of the essence, for and as the pur-
snid license and agreement as an en-1
,iretN, the sum. of one Hundred and
hilAN InpuSsinu ii0NtNUU1 DOllstfS. SUD
the purchase by the District of said
water right and said license and
shall be duly authorized, ratified. con-
frmed and approved by vote of the
electors of the District legally quali-
fed to vote in respect thereto. The |
board of directors of said District shall |
every such lawful act as shall he nee
essary in order duly to submit the said |
purchase and this contract to said cleo |
nj nj In. loot
Of Colorado.
The above agreements of the Con- |
structton Company are upon the eN-
press condition that the District shall |
duly create an issue of it's bonds for |
I he purpose of providing itself with |
funds and means wherewith to pay the |
aforesaid purchase price and for the |
purpose of constructing, acquiring and |
purchasing any and all canals. ditches |
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. |
nany not later than said first day of
December. A. u, 1905, Provided. how |
right to pay said purchase price in its
bonds having a prior lien on the real
per centum of the face wall
uc thereof and any accrued interest
thereon without discount represented
by coupons subsequently maturing for
and MS 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
BY. C. c. MAGENHEIMER,
President, |
Attest; / $ HAIGHT,
Assistant Secretary.
corporate Seal)
MESA IRRIGATION DIS
TR1CT,
BY FRED w. BARBER,
n. v. FOSTER
GEORGE SMITH.
Its Board of Directors.
Attest. FRED w BARBER.
President
e. f. UDLoCK.