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About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (Dec. 10, 1913)
PAGE 10. 11RND nULTiBTlK, BKNI), O'RK., WKI)NKH1)AY, nKCKMItKll 10, 10111. Wif .-f- f- i' TEXT OF CONTRACT (Continued front pacd ulno.) &vallnblo for distribution from cither eald reservoir or canals At a )olnt or points within ono-hnir mllo ot cncti legnl subdivision ot forty acres from which tho Innds may bo economically Irrigated. 0, Tho Hoard shall hnvo power to levy All necessary tolls, charges, nnd assessments for uecesary mntnto hnncc, which shall bo payablo wheth er wntcr Is used or not, nnd hereby agrees that no charges shall be nindo for tho delivery ot water Until tho 15th liny of 191... and dtnary domestic consumption shall bo furnished in accordanco with tho rules nnd regulations established for tho Irrigation system. 18. Tho purchaser further agrees to grant nnd oonvey, nnd hereby docs grant, nnd convey, to tho state and to tho United States tho nocos sary rights of way tor tho construc tion nnd maintenance ot nil canals, flumes, lntornls and ditches, which It may construct in tho maintenance and oporntlou ot Its Irrigation sys tem, together with tho right to orcet. malntntu nnd operate, telegraph, tele phone nnd other wires or cnbles for tho purpose ot conveying electric current over and across tho lands for" mMco shall whUo"' -""Jbjd h.r.ln In connection with Hoard is in control ot tho reel a in u tlon system, bo fixed nt actual cost of such maintenance, and shall be charged against tho entire Irrigable ncrengo entered, irrespective of tho irrigation thereof. 10. It Is expressly understood that as long as tho Stalo Hoard shall bo in control of tho whole reclamation system, GO cents per Irrtgablo aero shall be due and payablo on tho 15th day of April of each year for mnlnte nanco nnd operation, and that tho balanco of actual cost of maintain ing and operating tho system shall bo paid on or boforo tho 16th day ot October of tho same year. 11. It is agreed that upon tho fail ure of tho Purchaser to mako pay ment of principal and Interest accord ing to tho terms ot this ngrrouoat, it shall be the duty ot tho Hoard to notify tho Purchaser by registered mall ot his default, and if such de fault shall continue for a period of six monthB after the sending of such notice, said Hoard is authorized to reopen tho lands covered by said cancelled agreement for entry and to -resell water rights to said lands to some other purchaser. Nothing in this section, however, shall bo con strued so as to prevent the Hoard from extending the tlmo to make any .payment duo under any agree ment with a purchaser, when In ts judgment such purchaser is entitled to such extension of tlmo. 12. Tho Purchaser hereby cove nants and agrees that upon default In the payment of any annual chargo, toll or assessment, for tho operation and maintenance of the irrigation system herein provided for, tho Hoard may declare the entire amount of principal purchase price for said water rights duo and mav trocwd cither In law or equity to collect the same, and to enforce any lien which it may hnvo upon tho water rights hereby contracted, or upon the land to which said water rights are dedi cated and may at Its option proceed to enforce any remedy given by tho laws of tho State ot Oregon. 13. It is hereby declared nt d mu tually agreed that tho price herein agreed upon as tho purchase price for water rights and proportionate interest In the reclamation system constitutes a valid and first Hon in favor of tho State of Oregon which Hen shall exist against tho tract of land hereby above described for tho amount of the purchase price until the tame shall have been fully paid. 14. It Is hereby mutually agreed that for any lands described herein for which the title is already vested In the Purchaser by deed from tho state or otherwise, the purrhno-r Joes by this instrument mortgage such private lands to the State as security for the payments due under this .Agreement, which said mortgage shall be In full force and effect from and after the date hereof and shall be superior to any other mortgage which may hereafter be placed upon said lands. The purchaser hereby fur ther agrees to furnish an abstract of title to such privately owned land within SO days after the issuanco of written notice by tUe Hoard or its representative. Tho Purchaser here by declares and guarantees that tho lands first npovo described are free from mortgage, Hon, or other In cumbrance, except as below stated: ss Id Irrigation system 19. Tho purchaser for his own boneflt nnd that ot tho public gener ally will grant and convoy, md does hereby grant nnd convoy a right ot way for tho purpose of laying out, establishing and maintaining public roads ovor and' upon any portion of the land described herein, tho loca tion ot which roads may ba designat ed hnd opened by tho board or tho proper officials ot tho county, provid ed they are so established and open ed within ten years from tho dnto hereof, and In tho nggrcgnto not mora than two acres shall bo taken from any forty-acre trnct for such purposes, nnd when ponslblo In tho judgment of tho board, such road shall bo on section nnu halt soct'on lines, and hntf ot tho land shall bo taken from ench sldo ot sud Unto; provided, further, that suld road shall not exceed forty (cut in width except on section lines and Hum shall not exceed sixty feet, and shall bo no located as not to Interfere with any permanent buildings on tho lands of tho purchaser without compensation being pnld tor such structure, its by law provldod. 20. It Is further ngrcod that tho board or Its assigns shall hnvo tho right to phut off tho wttor trout Its ennuis, laterals nnd dltahes for tho purpose of repairing tho samo and shall have such reasonable tlmo as may bo necessary In which to mako such repairs; and tor such Interrup tion of tho water supply of wntor, tho board shall not bo Unblo to tho pur chaser. 21. Tho purchaser horoby ngroos not to disturb, pollute, or cnuso to becomo Impure, the water In any of tho flumes, canals or laterals, nor allow any net to bo dono by which tho samo may becomo so. 22. It Is hereby mutually under stood and agreed that all wasto wat ers, flowing In ditches, streams or othorwlso, In tho property of tho statu nnd may bo recovered for usu only by tho statu nnd It Is further mutual ly understood ami ngrcod that tho purchaser shall provldo proper drain age fur tho wasto waters from his lands or In any mnnnor crossing tho snmo. 23. This nitrromont Is mndiv pur suant to nnd subject to tho gonoral laws of tho stale of Oregon nnd of tho United States appllcablo there to,, and Is to bo construed In con junction with such laws. 21. Tho Desert l.nnd Hoard of ho state ot Oregon shall mnko nil nucen nary rules and regulations for tho proper rnrolug out of tho reclama tion ot the lauds Included under tho Tumnlo Projuct, Including tho lauds herein described. 2ft. All question arising under this agreement slmi bo decided by tho Project Knglneor or Manager, subject, howovor. to review by tho Hoard upon written appeal by tho purchaser, or on Km own Initiative. 20. All notices given to tho party of tho second part by tho state tuny bo sent to tho second party by mall, nddressod to his address its herein before given. 27. This agreement may bo assign ed, subject to tho approval of tho Hoard, to any parson poisoning all tho qualifications of an original un trymnn. Mxooutod In triplicate this ...... day ot , 101,,, (Beat.) ATTCBTi . i .. . Secretary DKSHHT JiAND P.OAUD OF OHIOOON, "' Chairman, party of the tlrst part. Rxccutod In triplicate this, ,, . day ot 101... Wlluosses: Party of tho second putt STATU OF OHKtlON COUNTY OP OllOOK ss. (811 MjtBU&m&'ki ,fcJLn .. -wJMBhBMBfcBMMJ dBflHBBHLBBSBWBl!flBllllllllllllEBBjHBllllllBl DISPOSAL PLANT OF BEND'S SANITARY SEWER SYSTEM BraaaBgEBBEK&flaadfc 15. Upon tho completion of tho payment ot tbo full purchase prlco and Interest thereon In ncoorduce with tho terms of this contract and the list fixing tho prlco to bo paid for water rights and interest In tho re clamation system as above mention ed, the board will issue to the pur chaser, his heirs, administrators, ex ecutors, or lawful assigns a release of the Hen which Is 'heretofore de clared to exist against the land first described above, or a quit claim deed to said land, 16. When release of Hen or deed for the above described lands shall have issued, and in addition when tho water rights for a majority of tho lands in tho project shall have been fully paid for. the board will deliver to tho purcnaser an Interest in tho reclamation system propor tionate to tho proportionate amount of irrtgablo acreage In bis said lands as above described In paragraph one (1); the board retaining an Interest in the reclamation system proportion ate to the lands on which there shall remain an unpaid balance on contract for tho purchase of water rights and interest in the system as aforesaid; the control of tbo reclamation sys tem becoming by such act vested In the fully paid up purchasers of water rights under the project. 17. Tho amount of water to be furnished under this agreement shall bo that quantity wnlch is sufficient to cover each acre of irrlgablo land to a depth of ono and eight tenths feet measured at or within one-half mile of the land to ha irrigated and this quantity to bo delivered during the period between April 15th and October 15th of osch year. During other season sufficient water for or- ELECTRIC SIGNS 9 You re a stranger in a city. "r You want a cigar, or a hat, or a pair of shoes, a magazine or cats. You look for a sign on a store- that carries the thing you want. The sign that catciies your eye is an electric sign. Strangers come to Bend every day. They want to buy things. ;.. They will buy in your store if you can attract them to it. Once attracted you have the opportun ity' to make a permanent customer. Our Electric Signs Attract We have a new proposition in electric signs to put uelore you. ? See us about it. r ,v, r U Bend Water Light (2b Power Go. (Heal) lit Ihn WAIVNIl OF MOUTUAOIOIQ'B ItlUHTH I horoby wnlvo prior right to lion upon tho lnutlH iloucrlboil In tho abovo null foregoing nitraainoiit between tho Desert I.e. ml Hoard of Oregon nnd . of ....... In favor or said slate, and hereby oxpicHNly ngrm nnd declare that tho Hon, mortgage, or other luouinbauco held by mo on said lands Is by this art matin wiilnui quuut to and Inferior to thli mortn ago to bo placed upon mild Innds r tho Statu by virtue or and for tint purposes desorlliud In said riKiuoiiiunt. WITNHBSHBs Mortgage). On (bis. .... .dny of. . . your ID 1 . . , boforo mo a Notary Public In nnd for mild Htnto and County, personally appeared... by me personally known nnd known to mo to ho tho person whoso nnmu Ih subscribed' tu tho above Instrument, as tho party of the second part, who acknowledged to mo that. .. .execut ed tho samo as. . . , own free act nnd dood. IN WITNK88 WIinitKOF, I hnvo hereunto sot my hand and n nixed my ofllclal seal tho day nnd yoar In this my certificate first above written. Notary Public In ot Oregon. nnd for tho Htnto Htnto of Oregon, County uf Crook, m. On thin dny Of In thw yoar 191. ., lieforo mo , a Notary 1'iibtlc In nnd for said State and County, pnrMounlly appeared by mo personally known, and known to nit to bo the person whoso inline Is sub scribed lo tlio above waiver, who Ack nowledged to mo that ho executed tho sumo ns his own free ant and deed, fur thn purpovo therein men tioned. IN WITNHBU WIIKIIUOF, I hnvo hereunto sot my hand and affixed my oltlolal soat thn day and yoar In this my certificate first above written. Notary Public In nnd fur tho State or Oregon, )i tr Building Material ' m.i ,. . i . ii .in u i, LUMBER, SHINGLES The Miller Lumber Company Bend, Oregon. M)UMU444iir444M444 FRUIT TREES Our nursery is located on Powell llutte, fourteen miles cast of Mend. Our trees arc the kind we recommend after over thirty years experience in the fruit business in this neighborhood. Our prices and treatment will please you. Catalog free on request. Come and see our orchards and nursery. Olllceuddrcss, Prineville. Ore. LAFOLLETTE NURSER.Y CO. rrromipin wwwvpppp? nmvprimmmKmwBWfi : We Deliver the Goods BUS AND DRAY LINE LIQHT AND HEAVY LIVERY. Hay, Barley, Oats, Wheat nnd Bran at lowest prices, Tito Largest Barn (n Central Oregon. WENANDY LIVERY CO. Bend, Oregon. J. II. WENANDY LON L. FOX REGOHTRUNKRY. CENTRAL OREGON LINE Holiday Home-Going Rates for Christmas and New Years t PKOM OUBOON TRUNK POINTS to Points In Washington, Ilrlt- Uh ColumbIur Idaho and Orogoo, Reduced Tickets Sold December 18 to Ul. Final limit January 0, 1011. f FJIOM IiEND TO Spokane Y.fl'CJO Tacoma1 15,20 Coour d'Alene, Ida. . . 17.76 flalom ,,; 1 1 . p 0 Eugono ,.14.70 Portland 0,90 Vancouver, Wn, . , . o.OO Vancouver, 11. O. .. 22.90 Boattlo , ,,. H.9Q Norta Yalcfma H.3C fT Furthar details on roqunst. jJTho "Owl," dally, holwcon Contral Oregon! and Portland, saves a dny each way, Loavo IlOnd 8:30 p, tn arrive Port. land 8:10 a. m. J. II. OOIU1KTT, Agent, Head, Ore. It. II. OrtOZIim, A. G. V. A., PorUand. 4043 . I 4 y