The daily sentinel., 1908-10-06

The term Secretary shall also be
deemed to mean the official or acting
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
(signedl
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. MAGENHEIMER:
Party of the Second Part
p. o. Address: 1127 First National Bank
Building. Chicago, Ill.
Attest:
The District by acceptance of this
grant hereby assumes performance of
all ana singular the conditions upon
which the grant therein expressed was
In the copy of said agreement dated
May 16. A. u. 1908, appearing above.
resents and covenants that 1T has prior
{ to the execution and delivery of this
/ ton 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
fnrh'Sh tiirh Ianday any water water for irrigation Of
power water covered by the water
right hereinafter conveyed to the Dis
trict and carried by means of the power
canal provided to be owned by said
District shall he turned into Grand
river above the head of the Grand
Valley canal
Second; The right to take. use. APP
propriate and enjoy from and out of
the waters of Grand river. in the state
of Colorado. $50 cubic feet of water
per second out of the rights in that be
le r.
chard Construction Company under
anq ad IL To ~ Nr,ue tb OF nssne ni GonvsyaneeS
and Power Company. under and by vlr-
tue of certain claim; plat and state
gineer of Colorado on November II.
a. ID. 1907. approved and designated
fled copy whereof was also duly dIed
with the Clerk and Recorder of Mesa
ing hereby to convey the water right
which was vested in the Construction
fee of the Recorder of Mesa county.
TO Have and to Hold all and singular
the contract. rights. property and
premises hereinabove expressed to be
conveyed. sold assigned. transferred
and set over unto said Orchard Mesa
| Irrigation District, forever for the uses
and purposes hereinabove expressed, |
lions hereinbefore contained
In Witness Whereof. the orchard |
caused this Instrument to be sealed |
with its corporate seal and 10 be |
president and secretary. this -
i Tile ORCHARD eeocNsTRucTioN
Attest:
Assistant Secretary.
...........-..... of ..--.-.,........-.
.. 80 % 80 q: .-'-..
A. u. 100. 80, personally appeared be-
fore me C. g Magenheimer. President.
of The Orchard Construction Company |
each personally known to me to be |
such officers Of said company and to |
be the Identical persons they respect
lively represent themselves to be. and
respectively acknowledged the forego-
ing instrument to be his free act and |
deed dee 4, and free act and deed of the Or
uses specified therein.
Notary Public. cook County. Illinois
The said District hereby binds and
obligates itself on its part to pay to
fhen December / A. b 1905 lime he
Ing of the essence. for and as the pur-
chase price of said water right and
irety. the sum of One Hundred and |
Thirty Thousand G3o.oOo) Dollars. sub
lect to and upon the condition that |
the purchase by the District of said |
water right and said license and |
IL
shall be duly authorized. ratified, con-
nirmed nian, an9 9pproyed by vote of the |
ned to vote in respect thereto The |
board of directors OF said District shall |
every such lawful act as shall be nee
esSary in order duly to submit the said |
purchase and this contract to said cleo
tors for authorization and ratification
as required by the laws of the state
of Colorado.
The above agreements of the Con-
struction Company are upon the ex-
preiss 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
reservoirs reservoir sites water water
rights. rights of way or other prop
erty FOR the use of the District and
that the District shan nay said sum of
one Hundred Thirty Thousand 130.-
00o) 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
property in said District NJ the rate Of
ninety-hve per centum of the face val
Ne thereof. and any accrued interest
thereon without discount represented
by coupons subsequently maturing for
aa 0sf s6a II eq no RnTe made R ts %
Us bonds for, cash in the manner and
THE " ORCHARD CoNsTRuCrIoNl
COMPANY.
BY c c. MAGENHEINrER,
President,
Assistant Secretary.
| CORPORATE Seal)
oRcHARD MESA IRRIGATION DIS
| TRICT.
| BY FRED w. BARBER.
n. V FOSTER
GEORGE SMITH.
Its Board of Directors.
Attest; FRED w. BARBER.
President
e. L. UDLOCK.
Secretary.
| ,Scal Of District)
SECOND QUESTION;
Shall the contract dated Sentember
| 2Sth. y. u, 1908. between the Orchard