The daily sentinel., 1908-10-03

pressed tbut subject to all the term
and conditions stated abovel be sus
fspslSie srpovided hat Il any assignmenf excep
| to the Orchard District, shall be SUB
| ject to the approval of the Secretary
deemed to mean the official or actine
head of the Department Of the I'll, Qni,s. th.
snbtest shtes cnar matter hereof. @ as Well as the
| proper subordinate, subordinates, ano
branches or divisions OF the Debar.- Dep
In Witness whereof the parties here
to have hereunto subscribed thelr
hands the day and year hrst ABOVE
written.
JAMES RUDOLPH GARFIELD:
For and on behalf of the United states
of America, Party of the First rar az !;
COMPANY.
" C. c. MAGENHEIMER,
Party of the Second Part:
p. o. Address; 1127 First National Bank
Building. Chicago, Ill
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 y =,
5. 6. Z. S. and TO-. set forth at large
in the copy of said agreement. dated
May Is. a. d. 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 coma, /,
tion in said grant numbered H. ana
further covenants and agrees that II
has not attempted and VIII not at
on the north side of Grand river or to
furnish any water for irrigation of
such lands except insofar as waste
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
trfn shall he turned into lrTdnd
river above the head of the Grand
Valley canal ,.a ~
propriate and enjoy from and out OF
the waters of Grand river. in the state
per second out of the rights in that be
half held and confirmed to the or
chard Construction Company under
to 1T from the Grand Mesas Land; Canal
and Power Company, under and by Vir-
tue of certain claim; pla. and state
gineer of Colorado on November II;
4. d. 1907. approved and designated
ned copy whereof was also duly nled
with the Clerk and Recorder of Mesa
county Goorado orn4 meSnps tp water Mnd rinh
which was vested in the Construction
Company. by deed recorded in the Of
Book les. page So.
To Have and to Hold all and singular
pre- premises 'fii hereinabove expressed to be
conveyed. sold. assigned transferred
and set over unto said orchard Mesa
and purposes hereinabove Expressed.
but subject to the terms and condi-
tiGns heTeinbef3ree eeTsaf contained fSs orchard
Mesa Construction Company has
caused this instrument to be sealed
with it's corporate seal and to be
signed. executed and attested by its
president and secretary n this leo
Eff rHE of ORCHARD aaoRRs;rrRfSrcTioN & Z; rfSi
COMPANY,
BY. y..'-'.''''''.'''.'.''iP; President.
Attest:
-''''.'''-''-'''''',A Assistant Secretary.
Executed in presence of;
.-....-.,...-.-...--.- OF ...'-''.. ..-'-
state OF Illinois. county of Cook. IS.
ON this. ....... day of. ......... -.
4. d. 100 personally appeared be-
,2rs ,nd me uaight Mssnnfg Nssstamt SECRETARY.
pf The Orchard Construction Company
such officers of said company and to
be the identical persons they respect
vely represent. themselves to be and
ng instrument to be his free act and
Iced and free act and deed of the Or
hard Construction Company. for the
Ises specified therein
Notary Public Cook County, Illinois;
The said District hereby binds and
,bligates itself on its part to pay to
the Construction Company not later
than December /. y. ID. 1908. time be-
ng of the essence. for and as the pur-
,hnse price of said water right and
said license and agreement as an en-,
thirty Thousand (1S0.0Oo) Dollars, sub
iect to and upon the condition that
the purchase by the District of said
water right and said license and
agreement as well as this contract
shall be duly authorized. ratified. CON
hrmed and approved by vote of the
electors of the District legally quail
fed to vote in respect thereto. The
board of directors of said District shall
do and procure to he done each and
every such lawful act as shall he 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
The above agreements of the Con-
Company are upon the eN-
press condition that the District shall
the purpose of providing itself with
funds and means wherewith to pay the
aforesaid purchase price and for the
Iiurpose of constructing acquiring and
any and al canals. ditches.
ressrvoirS sssenFoir Si'es; wite atba, Wenr nronr
ertv for the use of the District. and
that the District shall pay said sum Of
0o0) Dollars to the Construction Com
pany not later than said FIRST day of
eTer, ISGIDt that the District shall have the
right to pay said purchase price in rs
bonds having prior lien on The real
property in said District at the rate of
ninety-fiv per ceutum of the face val
ne thereof and any accrued interest
thereon without discount represented
by coupons subsequently maturing for
and as but in lieu of cash. in case the
District shall not have made sale of
it's bonds for cash in the manner and
form provided hy law. w......,,,.e,.,,,o,,-
THE ORCHARD CONSTRUCTION
COMPANY,
BY c. c. MAGENHEIMER.
President
Assistant Secretary.
corporate Seal)
ORCHARD MESA IRRIGATION DIS
p,, FRED w. BARBER.
n V. FOSTER.
GEORGE SMITH
It's BOARD of Directors,
Attest: FRED w. BARBER.
President
F. f. UDLoCK.