Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1911-05-05
Copy Of Contract.

lulS dgTceIl1eDt, maze THIS "a Gay
of January. 1907, between the Olym
pia Door Co. corporation, under the
laws of the State Of Washington. party
of the first part, and the City OF Olym-
pia, Washington, municipal corpora
ton, the party of the second part:
Witnesseth. that the said party OF the
first part for and in consideration OF the
sum Of one dollar lawful money OF the
United States to it in hand paid by the
party of the second part. the receipt
whereof is hereby acknowledged. and
other valuable consideration, does here
by covenant, promise and agree, for it.
self and for its successors and assigns a.
follows, to- wit: If the City Council of
the City of Olympia, Washington, shall
at any time hereafter decide it to be to
the best interests Of the City of Olym-
pia to open and improve for public uses
as streets and repossess itself of that
portion Of Second street in Sylvester's
plat, City of Olympia, Washington, va
Gated by Ordinance No. 9O2, then the
party Of the first part, its successors or
assigns, will upon being notified in
writing by the Council OF said City Of
Olympia, and without any expense to
the said city, deed back to the said City
Of Olympia, Washington, for use az Z
public street all that parcel of ground in
Second street vacated by Ordinance No.
9O2.
Passed Dec. 18th and approved Dec.
Gath, 1906.
This agreement is intended to be per-
petual, and shall run with and bind
said lands aforesaid into whomsoever's
hands they may 60, to the end that the
city may not be obliged to condemn or
purchase back said portion of Second
street, If it be desired to open said Sec
Ond steeet to public travel as above indi-
Gated.
Witness our hands this I'd day Of
January, 1907.
OLYMPIA Door Co.,
G. II. SPRINGER,
President.
In presence of Geo. H. Funk.
State Of Washington,
On the I'd day of January, 1907,
before me personally appeared Charles
H. Springer, to me known to be the
President of the Olympia Door Co.,
the corporation that executed the with
in instrument, and acknowledged the
said instrument to be the free and vol
untary act and deed of said corporation
for the uses and purposes mentioned
therein, and on oath stated that he
was authorized to execute said instru-
| ment. a
In WITNESS WHEREOF. l have hereunto
set my hand and. affixed my officisl
seal the day ard year first above writ
ten in. GEO. H. FUNK,
Notary Public for Washington, residing
at Olympia.
Recorded by County Auditor this
18th day of January 1907. by request
of J. II. Dever.
Recorded Vol. 8, Miscellaneous Rec.
ords, Page 1873. L. J. MORRISON,
County Auditor.
This vacation" is accompanied
by stipulation that the enclosed
blocks, lots and streets, shall be
re-deeded" to the city, whenever
business progress needed their re,
turn to the general public. 1t is OF
even date and signed by C. H.
Springer. President OF the Door
Company in which he claims to act
with from full authority Of that
corporation. The height and solid
construction of the fence indicates
that it is intended for the perma.
nent use of the enclosure for lum-
ber-yard, and the word "re-deed
in the ordinance, the joint work OF
the company and the committee from
the Council, taken in consideration,
shows that the party of the first
part" had Interior objects, not in
accord with their protested amity, at
the time when the transfer was
made. Then the term purchase
back" seems to imply, under the
present focus of the public eye upon
these passing events, that it was so
drawn as that advantage could be
taken of other still more ambiguous
terms of the so-called contract. It
is a principle. however, that a con-