Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1913-07-08

settling in order to avoid expense
and litigation.
Now therefore, in consideration OF
the matters and things hereinafter
mentioned the parties of the first
part, for themselves, and for and In
behalf of said Knudson drainage
district No. 149, known as the
Knudson drainage district and all
petitioners therefor, hereby agree as
follows:
1st. First parties hereby agree
to construct said tile drain and said
open ditch above mentioned and de-
scribed across said second party's
right of way at the points in ques-
ton, furnishing all labor and mater
ial therefor, except the cast iron
pipe hereinafter mentioned and de-
scribed, and to do all of said work
of constructing said tile drain and
said open ditch above mentioned
across and within the limits of Sec
ond party's right of way at said
points, at their own expense, and
without expense to said second par
ty.
End. First parties further agree
to establish upon the recommended
ton of the engineer in charge Of
said district, the open ditch above
mentioned across and within the
limits of second party's right Of
way, of the following dimensions.
to-wit:
Not to exceed eight feet on the
bottom, with side slopes of one foot
to one foot, with a maximum water
level or water line of five feet above
the bottom of said ditch, the said
open ditch to be constructed across
and within the limits of second
party's right of way at said point,
under second party's present pile
bridge, in such manner as to not in
terfere with, injure or damage, said
bridge, or the pile spans thereof, or
either of them. First parties furth-
er agree to give and grant, and do
hereby give and grant to second
party the right to maintain or re-
construct and maintain the present
or another pile or wooden bridge ov-
er said open ditch, with pile spans
not less than fourteen feet from
center to center, with the necessary
rows of piling in the slopes OF said
open ditch, the center line of one Of
such pile spans to be Immediately
over the center line of said open
ditch and first parties hereby furth-
err agree that the construction, main
tenance, or reconstruction and
maintenance Of such wooden or pile
bridge, with rows of piling in the
slopes of said ditch, will not consti-
tute or be any obstruction, impedi-
ment. or filing up of such open
drain, and will not constitute or he
the violation of any law or infringe
or violate any right Of first parties
or any one interested in said public
improvement.
3rd. First parties further agree
to do said work of constructing said
tile drain and said open drain above
mentioned. described and referred
to, under the supervision of the en-
gineer to be furnished by second
party on five 90 days notice in
writing to second party's division
engineer at Sioux City, Iowa.
In consideration of the foregoing,
and the faithful performance there
OF by first parties, the second party
hereby agrees as follows:
LIST. To waive and cancel its
claim for any damages in said mat
ter that may accrue by reason Of the
construction Of said tile drain and
open ditch across its rights Of way,
as hereinbefore stated.
End. To furnish thirty-six (36)
feet of ten (10) inch cast iron pipe
to be placed by first parties immedi-
ately under second party's embank-
ment at the point Of crossing
about 80 feet north OF second par
tvs bridge No. 2217, such cast iron
pipe to be placed upon the ground
at the point of crossing free Of
charge to first parties upon thirty
600 days notice in writing to sec
ond party's division engineer at
Sioux City, Iowa.
Board of supervisors Of Hamilton
county, Iowa.
By N. H. Bawden, its chairman.
Chicago & North Western Rail-
way Company.
BY J. c. Davis, Geo. E. Hise, J. l..
Kamrar, its ATTORNEYS.