Semi-weekly herald., 1912-10-03

the best interests of all parties con-
cerned that an amicable adjustment
of the affairs of said party OF the
/ first part be effected, to the end that
the lands adjacent to or situate with.
| in its boundaries and therein included
shall be free from the lien of the
aforesaid bonds and taxes, the hold.
ers of its valid obligations now out
standing shall be paid and satisfied,
and the system contemplated for the
irrigation of the lands aforesaid shall
be fully completed at an early date,
and
WHEREAS, the said party of the
second part by virtue of contract
in writing, bearing date the 9th day
of August, 1912, and duly recorded
in the office of the County Clerk and
Recorder of La Plata County, Colo
RADIO, on the 1st day of October, 1912,
has acquired and now owns all Of
the right, title and interest cf said
The Pioneer Construction Company il,
said contract of July ., 1910, as modi-
fled and changed by said contract of
April 10, 1911, together with ali claims
and demands, rights and causes Of
action, whether in law or in equity
now existing, or which may hereafter
arise thereon or therefrom in favor of
said The Pioneer Construction Com
pany, and against said party of the
first part, and
WHEREAS, said party of the sec
ond part is desirous of being and
becoming the agency through which
the affairs of the said party of the
first part shall be settled and ad-
justed.
NOW, THEREFORE,, in considcra-
ton of the premises and of the mt
tuql covenants and agreements hare
matter provided to be kept and per-
formed, the parties hereto hereby mu-
tually agree each with the other as
follows.
The said party of the first par,
hereby covenants and agrees that it
will forthwith submit to vote of its
qualified electors the question as to
whether this agreement shall be rati-
fled and approved, and upon the rati-
fication and approval hereof, it will
by proper instrument or instruments
in writing convey to said party of
the second part all of it's right, title
and interest in and to all reservoirs,
reservoir sites, rights and filings, and
all the water rights appurtenant
thereto heretofore conveyed to or ac-
quired by said party of the first part,
and more particularly described in
certain conveyances to said party of
the first part from George w. Frank
lin, said The Pioneer Construction
Company, C. H. Brown, said George
w. Franklin and w. c. Henry re-
spectively, and recorded in the office
of the County Clerk and Recorder of
La Plata County on the 18th day OF
September, 1910, in Book ia, at
pages 5O4, 5O6, 505, 502 and 5o3, and
all other water rights and filings to
which it may be entitled.
II.
Said party OF tine nrst part further
covenants and agrees that, upon such
ratification and approval by its cleo
tors ase aforesaid, it will deliver or
cause to be delivered to said party Of
the second part, properly endorsed for
assignment, a certificate or certifi-
Gates for two hundred and five (205)
shares of the capital stock of The
Florida Canal Company and GER
tificate or certificates for thirteen
hundred and forty (1340) shares of
the capital stock of The Florida Canal
Enlargement Company, which said
certificates shall represent all inter
est of the said party of the first part
in the Florida Canal and the enlarge
ment thereof as heretofore acquired
under the aforesaid contract of July
2, 1910, as modified and changed by
the said contract of April 10, 1911.
III.
Said party Of the first part fur
ther covenants and agrees that, upon
such ratification and approval by its
electors as aforesaid, it will by prop
er instrument or instruments in writ
ing assign, transfer and set over unto
said party of the second part all of
its rights, claims and demands of ev-
cry kind and character against said
The Pioneer Construction Company
arising from or growing out of the
aforesaid contract of July 2, 1910, as
modified and changed by said con-
tract of April 10, 1911, together with
all of its right, title and interest in
and to any and all property, whether
real or personal, acquired by virtue
of said contracts, or either of them,
including its interest in the enlarge
ment of said Florida Canal and the
laterals thereof; and also any and all
rights which it may have, hold or
possess by virtue of any of the pro-
visions of the aforesaid agreement in
writing of August II, 1910, between
said The Pioneer Construction Com
1 u