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Contract: to procure Right Of Way & station grounds for the E. O. Ry. Co.

Secy. No. 13292.

U. C. Guss and W. H. Coyle - The Eastern Oklahoma Ry. Co. Aug. 1, 1899.
Contract: to procure rt. Of way & station grounds for the E. O. Ry. Co.

MEMORANDO OF AGREEMENT.

Made and entered into this first day of August, 1899, by and between The Eastern
Oklahoma Railway Company, a corporation organized, existing and doing business under and by virtue of the laws of the Territory of Oklhoma, and hereinafter referred to as t he "Oklahoma Company" , party of the first part: and The Atchison, Topeka & Santa Fe Railway Company, a corporation organized, existing and doing business under and by virtue of the laws of the State of Kansas, and hereinafter referred to as the "Atchison Company", party of the second part; and U. C. Guss and W. H. Coyle, of the County of Logan in the Territory of Oklahoma, and hereinafter referred to as the "Individuals", parties of the third part:

WITNESSETH:-

THAT WHEREAS, Party of the first part is a railway corporation, organized for
the purpose of constructing three lines of railway, viz:- Line number one: From a point on the mainline of the Atchison Company at or near the city of Guthrie in Logan County, Oklahoma Territory, and from thence in an easterly direction to the west line of the Creek nation between the Cimarron River and the north line of township number sixteen north. Line number two: Beginning at a point on the main line of the Atchison Company between its station of Bliss and the Salt Fork of the Arkansas River, through the Ponca, and Otoe and Missouri Indian Reservations and Pawnee County, and by the way of Pawnee to the north side of the Creek Nation near the confluence of the Cimarron and Arkansas River. Line number three: From a suitable point on line number one in Payne County by the way of Stillwater, Pawnee and Pawhuska through Payne and Pawnee Counties and the Osage Indian Reservation, and the Cherokee Nation, to a connection with the railroad of The Kansas, Oklahoma Central and Southwestern Railway Company, at of near Bartlesville in said Cherokee Nation: and

WHERE AS, It is proposed to immediately construct that part of said three lines
as follows: From the connection with the main line of the Atchison Company at or near Guthrie, in an easterly direction to a point at or near Perkins, or to a pont on the south side of the Cimarron River opposite the month of Stillwater Creek; from a point on the south side of the Cimarron River to Stillwater, and from Stillwater to Pawnee, and from Pawnee through Pawnee County, the Otoe and
Missouria, and Ponca Indian Reservations to a connection with the main line of the Atchison Company between its station of Bliss and the Salt Fork of the Arkansas River; and

Splinters Volume 23 page 26 transcribed for the Web by Russell Crump in altered form

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WHERE AS, The Atchison Company is the owner, or controls all of the capital
stock of the Oklahoma Company, and proposes to furnish the Oklahoma Company the necessary financial aid and assistance to enable it to construct that part of its chartered lines aforesaid, proposed for immediate construction; and

WHERE AS, The construction of said lines of railway by the Oklahoma
Company, and the furnishing of such financial aid and assistance by the Atchison Company is conditioned upon securing, free of cost to the Oklahoma Company and the Atchison Company the right of way and necessary station grounds upon its said line and lines so proposed for immediate construction, from the municipalities and citizens interested in securing the construction thereof; and

WHERE AS, In the construction of that part of the authorized lines of the
Oklahoma Company, there will be established several new stations at which points towns may be builded; and the control and platting of such townsites for sale is a valuable right and privilege; and

WHERE AS, The individuals are interested in securing the construction of that
part of the said line and lines of the Oklahoma Company so proposed for immediate construction, and are desirous of securing from the Oklahoma Company, the Atchison Company consenting thereto, the privilege of laying out and handling the townsites along said line and lines, and of securing from the Oklahoma Company such assistance in the handling of the same as it may be lawful and consistent for the Oklahoma Company to give, and

WHERE AS, The Individuals are willing to undertake, in consideration of the
premises, to secure for the Oklahoma Company, the right of way for that part of its said lines proposed for immediate construction and all necessary station grounds, including that part of said lines located in the Ponca and Otoe and Missouria Indian Reservations; and

WHERE AS, The Individuals, in contemplation of the making of this contract
have entered into agreements in writing with citizens of Guthrie, Perkins, Stillwater and Pawnee, whereby and by the terms whereof, the citizens agree to secure and pay for certain portions of the right of way upon said proposed lines and to pay to the Individuals certain sums of money to aid in securing such right of way through the Counties aforesaid, and through such Indian Reservations, and induce the construction of that part of the lines of the Oklahoma Company so proposed for immediate construction.

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NOW THEREFORE, THIS AGREEMENT WITNESSETH:

The Oklahoma Company, in consideration of said right of way and station
grounds hereby agrees that it will immediately enter upon the work of surveying, location and constructing that part of its authorized lines aforesaid, proposed for immediate construction form a connection with the railroad of the Atchison Company at or near the city of Guthrie, in an easterly direction on the south side of the Cimarron River to a point at or near Perkins or opposite the north of Stillwater Creek; thence by way of Stillwater to Pawnee, and form thence to a connection with the main line of the Atchison Company between its station of Bliss and the Salt Fork of the Arkansas River, and to complete that part of said lines form the connection with the main line of the Atchison Company at or near Guthrie to the point of crossing of the Cimarron River on or before the first day of January, A. D. 1900, and to complete and have in operation the entire portion of said lines proposed for immediate construction on or before July 1, 1900.

The Atchison Company agree, in consideration of the furnishing of such right of
way and station grounds for the Oklahoma Company, that it will furnish to the Oklahoma Company the necessary financial aid and assistance to enable the Oklahoma Company to construct that part of its said authorized lines mentioned in Article I herein, and proposed for immediate construction.

The Oklahoma Company and the Atchison Company hereby agree that the
Individuals, in so far as the Oklahoma Company and the Atchison Comlpany can control the same, shall have the right and privilege of laying out, platting and selling all townsites upon all that part of the authorized lines of the Oklahoma Comapny mentioned in Article I herein.

PROVIDED HOWEVER, That the Oklahoma Company and the Atchison
Company reserve the right to the Oklahoma Company to control the location of its lines without regard to this paragraph, and where it shal find it to its best interest, and reserve the right to locate the stations of the Oklahmoa Company; and the individuals, under this contract, have no right to control the location of the same.

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The individuals hereby agree, in consideration of the construction of that part of
the asuthorized lines of the Oklahoma Company mentioned in Article I herein, and in considerations of having the control of the platting and sale of the townsites, under the terms of this agreement, and only as herein provided, that they will secure sufficient grounds for a wye at point of connection with the main line of the Atchison Company at or near Guthrie, and a good hundred (100) feet in width, being fifty (50) feet on each side of the center line of the railway track of the Oklahoma Company, as its survey therefor may be located, except where it is necessary, in the construction of such railroad on account of heavy cuts and fills, and to properly maintain such roadbed, that more right of way should be procured; at such points, the Individuals agree to secure such an additional quantity of right of way as may be necessary for the purpose aforesaid, and to secure, for the Oklahoma Company at each of its stations, station grounds two hundred (200) feet in width, in addition to the one hundred (100) feet of right of way, and three thousand (3000) feet in length; and to secure the same to be conveyed to the Oklahoma Company by good and sufficient deed or deeds, and in case a proper conveyance cannot be secured by agreement for any of such right of way and station grounds, the individuals agree to pay all the costs of securing title thereto for the Oklahoma Company by condemnation proceedings, except attorneyâs fees, and to pay all the costs of any litigation and all awards or final judgments that may be rendered against the Oklahoma Company on account of said right of way and station grounds; the same to include right of way and station grounds; the same to include right of way and station grounds through the Indian Reservations aforesaid.

The Individuals, in order to secure the performance of their stipulations and
agreements herein contained, hereby assign to the Oklahoma Company all the contacts for right of way and for the securing of a right of way entered into between the Individuals and the citizens of Guthrie, and the citizens of Perkins, and the citizens of Stillwater, and the citizens of Pawnee, and all subscriptions made to the Individuals or their benefit to secure the construction of the railroad herein contemplated.

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IN WITNESS WHERE OF the party of the first part has caused these presents to
be executed by its President, thereunto duly authorized, and attested by its Secretary; and the party of the second part has caused these presents to be executed by its President, thereunto duly authorized, and attested by its Secretary; and the parties of the third part have hereunto subscribed their names in person this, the day and year first above written.

THE EASTERN OKLAHOMA RAILWAY COMPANY
By (Sgd) E. P. Ripley,
Its President.
(SEAL)
Attest:
(Sgd) E. Wilder,
Its Secretary.

THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
By (Sgd) E. P. Ripley,
Its President.

(SEAL)
Attest:
(Sgd) E. Wilder,
Its Secretary.
(Sgd) U. C. Guss
(Sgd) W. H. Coyle

Form Approved
(Sgd) E. D. Kenna.
Genl. Solr.

A true copy:
(Sgd) J. F. Scott,
for Secây The A>T>&>SF> Ry. Co.

Topeka 9-14-99.

Splinters Volume 23 page 30 transcribed in altered form by Russell Crump

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