Arizona republican., 1910-04-15
MESA DEPARTMEMT
CHAS. z. JONES
 Manager

use all easements, rlShtS or property
 and premises appurtensnt or which
 may hereafter appertaiu or belong to the said property in any way and respect whatever; and also all maps. plans, field notes. records and books connected with or necessary in the | operation of said canal system; and also all the rights and claims Of said [ Mesa Canal company or its success sorS in interest. to divert and carry the waters of the Salt river in Ari
 Zona in pursuance Of notices of ap-
 propriation Of said waters or inS pur- : suance of the rights heretofore ac- i Quired by reason of the diversion and
 carriage Of said waters and delivery | thereof for beneficial use upon the 1 lands lying under said canal system; | excepting and reservins the following described parcel of real estate to- wit:
 The northeast quarter of the north i west quarter of the the southeast i quarter tNEi. NWt SEQ ot sec tionL thirty-one (SD, township two ,3)
 north. range six 60 east. Gila and
 Salt river base and meridian. Mari copa county. Arizona.
 Provided. that the transfer of said property to the United States in ac- cordance with the terms Of this agree
 ment shall in no wise prejudice or af- fect- any vested individual right or i rights of the shareholders Of said company to the appropriation and use Of water from Salt river for irri- gation purposes; and.
 Provided further that until said Salt River project is opened the Unit ed States will divert and carry to the lands belonging to said shareholders such water as the said lands may he entitled to and is available from the
 natural flow of Salt river. upon the
 payment in advance by said land owners. to the United States, at the
 beginning of each irriSatins season.
 such charge for water service and
 under such rules and regulations .Ls
 the secretary Of the interior may con slider proper.
 The party of the first part further agrees tn procure and have recorded
 where proper for record, all further assurances of title and afiidavits as
 may be necessary and proper 10 show clear title unincumbercd in said par
 ty of the first part to said premises
 in time for abstracting and for due examination by the proper officials in
 Washington. D C.. and upon demand of the party of the second part to execute and deliver al any time within the continuance of this agree inent. q good and sufficient deed Of warranty which shall convey good title to said premises free of lien ar incumbrance to the United States for the uses and purposes contemplated by the said act of congress
 It is understood that as to DOT ton of the right or way proposed tn he conveyed the right of the vendor is not evidenced by formal deed Of conveyance. but rests upon uninter- rupted and undisputed possession and use for at least ten years. and the price to be paid having been fixed in view of this condition a conveyance of all claims or rights the vendor may have is to be considered and ac- cepted as compliance with the pro- visions of this contract as to the DOT ton Of the right Of way so held.
 Tt is further agreed. that liens or incumbrances existing against said premises may at the option of tue party Of the second part. be removed at the time of conveyance by reserV- ing the amounts necessary from the purchase price; but this provision shall not be construed 10 authorize the incurrence of any liens or incum- brances as against this agreement nor as an assumption of the same by the United States.
 1t is further agreed. that the prop I CT officials and agents of the United States may at all times have unre- i stricted access 10 said premises for the purpose- of surveying for and con structing reclamation works pursuant | to said act Of congress. free of all claims on the part of the pasty of the ! first part for injury or damage.
 The party of the second part does. hereby covenant and agree that in payment for the transfer to it by | good and sufficient deed Of all the | real estate. property and rights of | said company as above specified. it | will give each shareholder of stock in l said company. as shown by the rec | ords, not exceeding in all total of i four hundred shares. credit to the | amount of one hundred seven dollars ! and fifty cents (s10I..o) for each 1 share of stock held by him upon the 1 construction charges which may be 1 hereafter levied or assessed by the | United States as provided by law by ! reason of the construction of said Salt | River project. against land owned by said shareholder under said project. , provided said shareholder is duly qualified shareholder in the Salt River Valley Water Users association. as provided in the articles of incorpora- ton and bylaws of the association, and who shall have made application for a water right under said Salt River project in the manner and form prescribed by the secretary of the in terior.
 Tt is further agreed. that owners of not less than two-thirds t2-3) of the stock of said Mesa Canal company shall authorize in writing the enter ing into Of this agreement by the par ty of the first part
 Tt is further agreed. that the cost If recording such further assurances of title as may be found necessary to perfect title in the party of the first part and of procuring abstract of title pf the property the Mesa Canal com pany referred to in this agreement shall be borne by the United States.
 "rhis agreement shall not operate