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' plants as might be constructed on and from all of the hereinabove de-
~
scribed lands owned by second party and lands on which aecond party has
said right of first refusal into the drainage system of firat party. First
party agreea that it will not in any way restrict or limit the said drainag
by second party into its drainage system unless any such restriction or
limitation is necessary and is common to all the landQwners within the
boundaries of first party or being serviced by first party under contract
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or agreement. ~ ~
2. First party shall~ not be liable or responsible for any main-
tenance, upkeep, or expense whatsoever in connection with any canals, i
laterals, ditches and/or drains of any sort located on said above de-
scribed lands owned by second parties and lands on which second party
has said right of first refusal to purchase, or for any maintenance, up-
keep or expense whatsoever ~ in connection with the hereinabove described
canal, being a~ northerly extension of Canal No. lying Northerly of the
North boundary of first party in Section 13, Township 34 South, Range 39
East. .
3. Second party shall be responsible for whatever maintenancG
upkeep and expense is required rega.rding the canals, laterals, ditches
and/or drains used by it for drainage of its saids lands unto first Party's
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~ drainage system.
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~ 4. The hereinabove described canal, being a northerly ex-
~ tension of Canal No. 3 extendin northerl from the North boundary of
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first party in Section 13, Township 34 South, Range 30 East to the North
k line of Secrion 1, Township 34 South, Range 39 East, at one rime was
within the boundaries of first party and was controlled by first party and
~ utilized by it as part of its drainage works. First party now makes no
claim to such canal and hereby grants, bargains, sells, transfers, quit-
S
~ claims and sets over unto secand party, its successors, legal represen-
~ tatives and ass igns all the right, title and interest now or heretofore had
~ ' canal and ever r thereof without an
by first party in and to said y pa ty , Y
warranty however that the first party has any right, title or interest
~ ROYCE R LEw therein.
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