Cañon City record., 1908-06-18

iumes and pipe line. over substantially the
sane s.," right o. wsy on Witch the state Of Colo
ms State Line Canal. and
WHEREAS. the said party of the nrss part
intends To proceed with reasonable diligence
In the construction thereof. and
WHEREAS. the secon. Iariy IL about V
conssruct . pip ilns for the purpose of fur
nishinr the raid City Of Canon cftv with wa
Ter for Domestic and Other purposes. and .aid
tally the route Of said State Canal. 80 far a.
the same lie. % the west and partisiiy 20 the
north OF sad City OF Canon CITY. the said lire
of the said State Canal aud OF III. said pipe
line Of the city being partially up"n lands he
TALLY upon lands belonging 10 others, and
WHEREAS. the party Of the nrst part dcsires
TO .soid litigation w,Ih iee party cf the .es.-
ditch~s. str.,
NOW. THEREFORE,. In confederation Of the
mutual advantage 80 the parties hereto, the
The second par, may construct. lay and OPP
crate its pipe line on the outside Of the said
line of said canal as nearly MS practicable. 20
far as the same ies To the West and North of
the said City OF Canon City. provided. the said
pns al foot blow The sayt"e. o Of snis iin. a.
now graded. In case the pipe line con-
.,ruc,ed by the CITY shall interfere with the
construction OF waiBtainence OF the bitches.
fumes. pipe lines or coudlits OF the party ~
the first part. the said party Of the afrt part
shall have the right To- change the location of.
or to raise or lower the aid pipe line, provid-
ed. however. that any expense nfcrssary 20
make suCb cuHHKs AnaiI be bourne by the Nfnt
party, and whenever in the opinion d the CITY
Engineer and City Council. IL shaii be neres-
ssry In making any ch.nse 10 lay new pine.
such change shall impair The water system b.
longing To- the city nor intrrfrr,. with the OPP
cra,ion Of said PIPE line for period exceeding
seven "a days without the consent Of the city
so that befor. my such change Of Location OF
said pipe line IL made the first party shHdl
,, CIV. to The he second PARTY % surety i.Pnd mi,s
q reasonable amount to protect and save hsrnn-
less the said second party from any damages
which may accrue To u by the reason of the
shid change.
The party Of the second part hereby grants
10 the party Of thr arst part, its successors or
assigns. the right Of way ever. along, through,
across or upon the lands owned or held ny the
city "f Canon CITY 40 Tar AS the said land lies
in the rout. Of sstd state Canal, and out
side the corporate limits Of said city. together
with the right To construct. maintain and op.
pipe lines. and subject To the provisions herein
contained that said party OF tn. first part viii
not interfefc with the proper maintensncc
~ of the second part. aaid pipe line Of said
first party to he constructed 10 the north OF
said pipe line Of the second party and on the
inside Of said State Canal grade as far as prne-
ticable.
The party Of the second pnrt has or will con-
struet certain nlls and bridges along said linz.
therefore the party OF the ffst part hereby
agrees To pay 10 the party nf the second part
such portion Of the co-t Of construction Of said
fills and bridges rs may h, reasonably charged
Ia the parry of the second part for any advant-
RRes which may accrue to said second party by
reason OF tiIr construction ot said fifs aud
bridges, and IN case the parties hereto cannot
agree upon any amount which may become
due therefor the determ tpntipuo Of such mount
shall be icit 10 three appraisers. one TO be
named by each Of the parties hereto and tho
third to bc named by the two appraisers so APP
pointed; aud the decision of any two ap.
prn:sers to be binding upon both parties; and
said amount 50 determ ned to be paid before
the first party begins to construct their said
ditch. pipe line or Hume on or across said Nils
or bridges.
IN WITNESS WHEREOF the party OF the
first part has cause q these presents to be exc
cuted In Its corporate. name by its officers
thercunto duly authorized and its corporate
seal to he hcrrunto ailixed. and the party of
the second part has caused these presents to
be executed fh the name Of the city Of canon
City by Its Mayor, nttcstcd by its City Clerk.
under the seal Of said city. said officers being
thcreunto duly nuthorized In accordance with
the laws Of the State OF Colorado.
THE ARKANSAS LAND AND WATER
COMPANY
Hv