OCR Text |
Show /KONNTM....'/7\ A\N' R,f R r.rczivrn 3, I _. i '.* A\'7 K|1? i * i / *. I 1 .•__•!_. i 0 i^ir -' AGRRF-MEi.'T TO COVER D.C-AGHS POR RIGHT OP WAY. THIS AGRPY-Y.'.YilT, in quadruplicate, made and entered into this 25th day of April, 1012, by and beta/eon Ch.-w. L. Davis, Supervisor of Farming in chargo of tho Uintah raid Ouray Agoncy, Utah, for and on bohalf of the Indian allottooo intorostcd as appearing hereinafter, party of the first part, and the Dry Gulch Irrigation Company, of Roar, volt, Utah, a corporation organised and existing under tho laws of tho State of Utah, party of the second part: .YHgRRAS, the party of the second port desires to acquire a right of way over certain Indian allottmonto under the .-jurisdiction of tho said party of the first part, as provided by tho laws of the State of Utah, and in complianoo with the Special Act of Congress of June 21, 1906, (54 Stats. 375- 376,) and VoHEEEAS, the said company has caused a survey of the proposed line to bo mado by its engineer, Ed. F. Harmstom, definitely locating tho samo, and having filed with the said party of the first part a plat, or tracing thoroof, together with field notes of the same, the said plat having been approved hy the Hoard of Directors of the said company undor date of March 12, 1912, and attested by the said engineer under date of March 20, 1012. the proposed lino being designated as the Hew lake Fork Ho. 2 Canal, and V.'HERHAS, tho said party of the second part intends in Cvo tine to bring action in the District Court of the Fourth Judicial District in and for V.'asatch County, State of Utah, for the purpose.of condemning the right of way for the canal descrlbod above, but as said court will not sit for such purposes for several months, the said party of the second part cannot obtain the noccssary docrcc of condemnation until too late to do the necessary construction work during the sunrnor of the pro sent yoar, and WHEREAS, tho said company and its stockholders and users of wator will suffer much loss and inconvenieneo oy the delay if such construction work can not be done during the prcsont yoar, now t'heroforc, FOR THE PUHPOPH of enabling tho said party of tho second part to enter at or.co upon the lands of tho Indian allottees over which tho said proposed lino will run and perform the noccssary work to construct tho said uroposod canal boforc tho docroo of condemnation by the s.aid court oan bo obtained, tho said ))nrty of tho second part doos hereby agreo to pay to the party of tho first part for tho |