4 type- and hand-written pages
Media: black ink
Type
THIS AGREEMENT, made this ulsbury
W I T N E S S E T H
THAT WHEREAS, The parties of the first part are interested in the town of Cody and certain lands in Big Horn County, Wyoming, and
WHEREAS, The Lincoln Land Company is engaged in the townsite business along the line of the Burlington & Missouri River Railroad in Nebraska and branch lines, and
WHEREAS, a branch of said Railroad Company's line of a railroad is now projected into the said Big Horn County, Wyoming, and
WHEREAS, it is the desire of the parties hereto, to establish a town at or near the said town of Cody to the mutual benefit of both of the parties hereto.
Now therefore it is agreed as follows:
(1) That in case the said line of Railroad is constructed into the said town of Cody and a station established thereon, or on lands continguous thereto, it is agreed that the parties of the first part shall procure and convey to the party of the second part a good and sufficient title to an undivided one-half (1/2) interest in and to all the unsold lots in said town, Numbering 742, together with an undivided one-half interest in and to all of the unplatted part of Section Numbered Thirty-two (32), in Township Numbered Fifty-three (53) North of Range Numbered One Hundred One (101, West of the Sixth Principal Meridian, on a portion of which section Thirty-two (32) the said town of Cody is located, and said first party shall also convey to said second party water rights sufficient to irrigate all the land so conveyed, and in consideration thereof the party of the second part shall pay to the parties of the first part for purchase of its half interest in said real estate and paid up water rights consisting of one cubic foot to each eighty acres of land, at the rate of $10 per acre, payment of which shall be made when title is procured in said second party and both parties hereto shall use their joint efforts to establish and maintain a town upon the above described
(2) That in event the above mentioned line of Railroad shall not be located or constructed into the said town of Cody and the party of the second part establishes a town along said line of railroad on the North side of the Shoshone River, at or near the said town of Cody, then in that case the parties of the first part shall have the right to pay to the party of the second part one-half the cost of a town site thus procured and upon said payment shall own an equal and undivided one-half interest in the same and shall participate equally with the said party of the second part in the proceeds and profits therefrom.
(3) It is further provided that if it shall be found expedient for the better procuring of the title to the above described lands in Section Numbered Thirty-two (32) or the additional lands, the rights of the said first party, or any of them may be assigned, such assignment shall be made to the Lincoln Land Company, or to parties designated by them, and such assignees shall then proceed to procure title to the lands so assigned, and shall thereupon account to the said parties of the first part for an undivided half interest in and to the lands thus procured and payment for the undivided half interest therein retained by the said Lincoln Land Company, shall be made as above provided, to-wit, at the rate of $10 per acre for the land located in Section Numbered Thirty-two (32) aforesaid, provided that both parties shall share equally in the cost of such lands lying outside of said Section, which it may be agreed upon as expedient to purchase and may be purchased under this contract.
(4) It is mutually agreed that the title to the whole interest in all the property procured under this contract shall be placed in the Lincoln Land Company, which shall handle the property under a mutual contract hereafter to be made on the same general plan as it adopts for handling all of its own property of like nature. And the Lincoln Land Company shall receive as its individual compensation for the management and handling of such joint property at the rate of $25.00 per month,
(5) It is further agreed that the parties of the first part shall use all expedition possible in procuring the title to the lands herein referred to.
(6) It is agreed that no lots are to be sold after this date by the said first parties during the continuance of this contract.
For the purpose of showing the unsold lots in the said town of Cody a plat is hereto annexed on which all sold lots are indicated by black ink lines, crosses or straight lines. The lots not marked making up the number of the unsold lots referred to. Reference being had to said plat.
Signed by the parties hereto, this
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