The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1908-07-13

bitrarily but shall notify the party OF
the first part of their action and pro-
posed decision and wherever reason
able, shall accede to the suggestion
of first party.
2. That the aforementioned cove
nants and agreements of said party
of the first part are upon the condi-
ton that said parties of the second
part shall keep and perform each and
all of their covenants and agreements
hereinafter set forth.
3. That said parties of the second
part covenant and agree to and with
said party of the first part O) that
they, on or before the expiration of
sixty days from date hereof, will put
in the banks of said Roswell, in es-
crow, $100.00O.00 in money, or its e.
quivalent in the way of negotiable
paper or other security of the differ-
ent citizens of Roswell, without in
terest, such as the banks of Roswell
would approve or accept, and pay or
turn the same over to said party of
the first part upon his performing all
of his said covenants and agreement,
said sum to be the bonus to said par
ty Of the first part for his promoting,
constructing and maintaining or caus
road and the performance Of his 9TH
er covenants and agreements; (2)
that at their own expense they will
acquire title from time to time as
needed, to the right of way for said
railroad, from the west line of the
State of Texas over the most direct
and practical route from said point
to and into said Roswell, said right
of way to be selected by said parties
of the second part, to be sufficient
than 100 feet wide, except in the city
of Roswell. and will place said title
and said deeds therefor in escrow in
some bank of Roswell, to be deliver
ed to said party of the first part on
his keeping and performing his cove
will donate at said Roswell 20 acres
of land for terminal purposes OF said
railroad, and sufficient grounds for
depot in the city. the latter to con-
sist of not more than one-haif of a
block, all of which are to be selected
by said parties of the second part;
(4) that sufficient deeds for the land
for said terminals and said depot
grounds shall be put in some bank
in Roswell on or before the beginning
to be delivered to said party of the
first part, upon his performing all of
his said covenants and agreements
which deeds, where acquired other
than by condemnation proceeding
shall be from the respective owners
of said grounds, to and in favor OF
said party of the first part, his heirs
and assigns forever, but shall contain
a condition, in substance, that IL said
railroad shall not be constructed and
forever maintained to and into Ros-
we'll, as aforesaid, or said round
house or other round-houses of great
er capacity, or said division, shall not
be located, maintained or kept at
said Roswell, then the title to all such
property shall revert to said parties
of the second part, for their exclus-
i've use and benefit; and 60 that ii
title to any of said grounds be ac-
quired by condemnation proceeding,
then the corporation or individuals
so acquiring said title shall enter in
to proper writing hereafter in form
to be agreed upon, ey1dencing the
condition aforesaid where title is ac-
quired directly from the respective
owners of said grounds.
4. That the above mentioned cove
nants and agreements of said parties
of the second part are upon the con-
dition that said party of the first part
shall keep and perform each and all
of his covenants and agreements here
| in contained.
(Signed) By Ed Kennedy and
Committee.