The daily sentinel., 1908-10-09

/
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 as the
| branches or divisions of the Depart
ment duly accredited or authorized.
| In Witness Whereof the parties here
30 have. hereunto subscribed their
hands the day and year first above
(Signedl
JAMES RUDOLPH GARFIELD.
For and on behalf of the United States
THE ORCHARD coNsTR6crioS
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
all and singular the conditions upon
which the grant therein expressed was
made numbered respectively. ., 3. 4.
in the copy of said agreement. dated
May 16. \. ID. 1905. appearing above.
resents and covenants that it has prior
to the execution and delivery of this
tion in said grant numbered IL. and
further covenants and agrees that it
has not attempted and will not at
tempt to construct any irrigation works
on the north side of Grand river to
furnish any water for irrigation of
power water covered by the water
right hereinafter conveyed to the Dis
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
of Colorado. 450 cubic feet of water
per second out of the rights in that be-
chard Construction Company under
to it from the Grand Mesas Land. Canal
tue of certain claim; plat and state
ment made and filed with the State En-
a. ID. 1907. approved and designated
by him as water filing No. 4194, certi-
with the Clerk and Recorder of Mesa
county, Colorado. meaning and intend
Witch was Vested @ onV n the aser rEn9
Company by deed recorded in the Of
fee of the Recorder of Mesa county.
To Have and to Hold all and singular
the contract. con, rights property and
conveyed. sold. assigned. transferred
irrigation District. forever for the uses
but subject to. the terms and condi-
tions hereinbefore contained.
caused this instrument to be sealed |
signed. executed and attested by it's
president and secretary. this -
HE ri Of ORCHARD aaoiRRs,TrRfS61crioS C z, rfS1
COMPANY.
bS ''''.''''.''''''.'''''ip; President
Attest
'''''''''''''''''Assi Assistant Secretary.
Executed in presence of:
-...-...-..-..-... of ...-+.-.-........
state Of Illinois. County of Cook. ss
on this day Of. ...........;..
\, A. d. 100; PERSONALLY appeared be
and J. S. Haight Assistant Secretary |
of The orchard Construction Company |
such officers Of said company up w and nd 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
oblfSates itself on its part to pay to
the Construction Company not later
than December /. a. ID. 1905. time be-
ng of the essence for and as the pur-
chase price Of said water right and
'nid license and agreement as an en-
thirty Thousand Il 30 OOO) Dollars sub
the purchase by the District OF said
water right and said license and
shall be duly authorized. ratified. con-
hrmed and approved by vote of the
fed to vote In respect thereto The
board of directors of said District shall
every such lawful act shall be nee
essary in order duly to submit the said |
purchase and this contract to said cleo
IS required by the laws of the state
of Colorado.
The above agreements of the Con-
strucuon Company are upon the eN-
press condition that the District shall |
duly create an issue of its bonds for |
the purpose of providing itself with |
funds and means wherewith to pay the |
@ @aforesaid purchase price and for the
purchasing any and all canals. bitches. |
reservoirs. reservoir sites. water. water |
erty for the use of the District and |
that the District shall pay said sum of |
000) Dollars to the Construction Com |
pany not later than said first day of |
ever. that the District shall have the |
right to pay said purchase price in it's
bonds having a prior lien on the real
ninety-fivc per centum of the face val- |
ne thereof; and any accrued interest |
thereon without discount represented |
by coupons subsequently maturing for |
md as but in lieu of cash. in case the
IS bonds for cash in the manner and |
form provided by law.
THE ORCHARD CONSTRUCTION |
COMPANY.
By c. c MAGENHEINIER
President |
Attest: l. s HAIGHT,
Assistant Secretary. |
corporate Seni)
oRCHARD MESA IRRIGATION DIS
TRICT.
By FRED w. BARRIER,
n. V. FOSTER.
GEORGE SMITH
Its Board of Directors |
Attest: FRED w. BARBER.
L. f UDLoCK.
Secretary. |