The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-07

CONCERNS WATER DEAL
cITY's RIGHTS IN OPTION MAT
TER WELL PROTECTED.

Replying to the charge OF Judge A. W.
Agee. which is in effect that the city sd-
ministration was bunkoed out of $500 on
the item OF the Taylor's canyon water in
the purchase of the Ogden Waterworks
company system. City Attorney ]. II. De
Vine, speaking for the city administra
ton, made the following statement to a
representative of The Herald yesterday:
"a. ". Agee and c. G. Richards were
employed by the Ogden WaterWOrks COM
pany as attorneys in suit which is still
pending in the United States federal court
in Salt Lake City against the Union Pa
ctfic Railroad company, involving the IL
tie to certain waters arising partially on
the lands mentioned by Mr.. Agee. Mr..
Agee. as an attorney in the case, of
course was entirely familiar, and is yet,
with the exact condition or status of the
title to the land mentioned, and if not,
he could have informed himself, as the
public may, by going to the records con-
corning the purchase of the waterworks
system by Ogden city, which are on file
as public record in the office OF the city
recorder. The Ogden WateTworks COM
pany never owned. as Mr.. Agee knows,
more than an equity in the north half Of
section 90 township Is north, range ! west,
and it was the desire of Mr.. Agee and
his co-counsel in carrying or the htiga-
ton that the record title should appear
IN the waterworks company. and to that
end he and his associates in that ltiga-
tiOn took the option in the name of the
Ogden WaterwOrks company from John
ID. Gill and Elizabeth 3. Gill to the lands,
mentioned by Mr. Agee and. simultane-
Ously with taking the warranty deed, they
had the Ogden Waterworks company ex-
ecute deed back to the ellis and place
the same in escrow in the Ogden State
nent being that if the waterwOrks COM
pany so desired it might pay the balance
OF the purchase price mentioned in the
original deed from the Gills to the water
company and take up and destroy the
deed held by the Ogden State bank in
escrow.
AT the time that the city or ogden ne
gotiated with the water company for the
purchase Of this system an agreement
was prepared recitng what land the wa
terWoTks company agreed TO convey to
ogden together with other property be
longing TO said company and in said
agreement they agreed to transfer to Cg-
den what right. interest and title they
had in and tn the north half of section
IS. township north. range I west and
as evidence of the fact that the water
works company had nothing but an option
in this land there was attached to the
agreement entered into between Ogden
and the Waterworks company copies of
the papers embodied in the escrow agree
ment held by the Ogden State bank.
when the final papers in this matter
were executed by the waterWorks COM
pany to Ogden it was deemed expedient
that the wsterwOrks company should
transfer the record title. as 1t appeared Of
record. to the city and that the city
should be substituted in the escrow agree
ment for the Ogden Waterworks COM
pany, so that the conditions prior to the
exercising Of the option by ogden city
IN taking up the escrow agreement on
Feb 20 left Ogden city. far the
right to the lands were concerned. in pre-
cisely the same condition that the Ogden
Waterworls company was in. II being
predecessors I'm interest to Ogden City