USA > Washington > Benton County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 96
USA > Washington > Kittitas County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 96
USA > Washington > Yakima County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 96
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Now therefore notice is hereby given to the said Prosser Falls Irrigation Co. and to all other persons to whom this may come or concern, that the said
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HISTORY OF YAKIMA VALLEY
Fidelity Trust Company does hereby resign and discharge itself of all trust created by said mortgage or deed of trust and imposed by it upon the said Fidelity Trust Company.
In Witness Whereof the said Fidelity Trust Company has in duplicate hereunto caused its corporate seal to be affixed and its corporate name to be subscribed by its President this 20th day of November, 1896.
FIDELITY TRUST COMPANY, By T. B. WALLACE, President. Witnesses: S. D. CRAIG. G. C. KAUFFMAN.
Acknowledged Nov. 20th, 1896 by T. B. Wallace, President of the Fidelity Trust Company before S. D. Craig, Notary Public in and for the State of Washington, residing at Tacoma. [SEAL]
PROSSER FALLS IRRIGATION COMPANY,
TO W. B. KNOBLE.
Appointment of Trustee. Dated Nov. 28th, 1896. Filed Feb. 4th, 1897 at 9 a. m. Rec. "P" Mtges. page 212.
This Indenture witnesseth that whereas on July 1st, 1893, Prosser Falls Irrigation Company executed to the Fidelity Trust Co. as Trustee, a certain mortgage or trust deed to secure an issue of bonds made by the said Prosser Falls Irrigation Co.
And Whereas the said Fidelity Trust Co. did on the 20th day of Nov. 1896, resign said Trust by notice in writing to the Prosser Falls Irrigation Co., which resignation was immediately accepted; and whereas it is provided in said mortgage that a majority in amount of the Bond Holders may nominate and appoint another trustee in case of such resignation when the said Prosser Falls Irrigation Co. is in default of the performance of any covenants contained in said mortgage. And Whereas The Prosser Falls Irrigation Co. is in default in the payment of interest due on its said bonds.
Now therefore we hereby nominate and appoint W. B. Knoble of Prosser, Wash., as Trustee under said mortgage subject to all the conditions in said mortgage contained.
Witness our hands and seals this 28th day of November, 1896.
HENRY SOULIER [SEAL]
By D. D. CALKINS, attorney in fact. MARIE SOULIER [SEAL] By D. D. CALKINS, attorney in fact. B. BALBOE BERTONE [SEAL]
By D. D. CALKINS, attorney in fact. GEORGE HESSELMANN [SEAL]
By D. D. CALKINS, attorney in fact.
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HISTORY OF YAKIMA VALLEY
Acknowledged Jan. 29th, 1897 by D. D. Calkins the attorney in fact of George Hesselmann, Henry Soulier, Marie Soulier and B. Balboe Bertone be- fore J. M. Stout, Justice of the Peace, Yakima County, Washington. RAIMONDO BALBO BERTONE
TO
D. D. CALKINS.
Power of Attorney. Dated July 29th, 1896. Filed Sept. 22nd, 1896 at 9:30 a. m. Rec. Vol. "A" P. of Atty. page 117.
Know all men by these presents, that I, Raimondo Balbo Bertone, of Turin, have made, constituted and appointed and by these presents do make, constitute and appoint D. D. Calkins of Prosser, Washington, U. S. A., my true and law- ful attorney for and in my name, place and stead, to represent me and do all acts and to exercise all the powers that I have a right to exercise as owner of the Bonds numbered 60 to 78 of the Prosser Falls Irrigation Co., and particularly to exercise the power given to bond holders in the mortgage by the Prosser F. Ir. Co., to the Fidelity Trust Co. as Trustee, to secure its said bonds. BALBO BERTONE RAIMONDO, Via Stampatoni, Torenio, Italio. Witnesses : ROBERT B. HANDLEY ABERPBETTI AENETIO Acknowledged July 29th, 1896, by Raimondo Balbo Bertone before Wal- lace S. Jones, Consul General of the United States of America at Rome, Italy. [SEAL OF CONSUL GENERAL] MARIE SOULIER et al TO D. D. CALKINS.
Power of Attorney. Dated August 6th, 1896. Filed Sept. 22nd, 1896 at 9:30 a. m. Rec. Vol. "A" Power of Atty page 118. Know all men by these presents that we Marie Soulier and Henry Soulier of Rome have made, constituted and appointed and by these presents do make, constitute and appoint D. D. Calkins of Prosser, Wash., U. S. A., my true and lawful attorney for and in my name and place and stead do represent me and to do all acts and exercise all the powers that I have a right to exercise as owner of Bonds No. I to 50 inclusive of the Prosser Falls Irrigation Com- pany and particularly to exercise the power given to bond holders in the mort- gage by the Prosser Falls Irrigation Co. to the Fidelity Trust Co. as Trustee, to secure its said bonds.
MARIE SOULIER NE LADEN VIA STANTENBURG [L.S.]
HENRY SOULIER [L.S.]
Witnesses: OTTAVIO GIACHETTIE OVE RUNLFF OTRENO
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HISTORY OF YAKIMA VALLEY
Acknowledged August 6th, 1896 by Marie Soulier and Henry Soulier be- fore Wallace S. Jones, Consul General of the United States at Rome, Italy. [SEAL]
INSTRUMENT NO. 43.
IN THE SUPERIOR COURT OF YAKIMA COUNTY, STATE OF WASHINGTON W. B. KNOBLE, Trustee, Plaintiff,
VS. PROSSER FALLS IRRIGATION, COMPANY, Defendants. EMMA LOUISE WOOD, Plaintiff,
VS.
PROSSER FALLS IRRIGATION COMPANY, a corporation ; " THE FIDELITY TRUST COMPANY, a corporation, et al., Defendants. RETURN OF SALE OF REAL ESTATE.
TO THE HONORABLE JOHN B. DAVIDSON, JUDGE OF THE ABOVE ENTITLED COURT :
Comes now Ira P. Englehart, receiver of the Prosser Falls Irrigation Com- pany, and respectfully shows this Court,
That he was on the 24th day of February, 1897, duly appointed receiver cf the Prosser Falls Irrigation Company, an insolvent corporation, in the above cause. That he duly qualified as such receiver and has ever since been, and is now the duly qualified and acting receiver of such corporation.
That he was by virtue of an order duly made and entered in the above cause, by the above Court, February 8th, 1899, to said Ira P. Englehart, as such receiver of said Prosser Falls Irrigation Company directed, ordered and com- manded as such receiver, to sell on Saturday, March 18, 1899, at the hour of 2 o'clock p. m. of said day, at the front door of the Court House in North Yakima, County of Yakima, State of Washington, to the highest and best bidder for cash, provided said bid be not less than $8,000, all that certain lot of property, real, personal and mixed, as hereinafter more fully described.
That said Ira P. Englehart as such receiver, and pursuant to said order, published notice of said sale for five successive weeks in the Yakima "Republic," a newspaper of general circulation, published in the city of North Yakima, County of Yakima, State of Washington, a copy of which notice of sale and affidavit of publication is hereto attached, marked "Exhibit A," and did on Saturday, March 18, 1899, at the hour of 2 o'clock p. m. of said day, at the front door of the Court House at North Yakima, in the County of Yakima, state of Washington, put up and offer all of the property hereinafter more fully described, and did then and there offer the same for sale at public auction, to the highest and best bidder for cash. That thereupon, one Levi Ankeny bid for all of said property the sum of $8,000, lawful money of the United States. That no other person bid for, or offered to buy said property, and after due notice given by said receiver, the said property was then and there sold to said Levi Ankeny for said sum of $8,000, subject to the ratification of the above entitled Court.
The property so sold is more fully described as follows, to-wit :
All of that certain lot of property, real, personal and mixed, being situated in Yakima County, State of Washington, more fully described as follows, to-wit :
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HISTORY OF YAKIMA VALLEY
All of lot eight (8) in Section thirty-two (32), Township nine (9), north of Range twenty-five (25), each of W. M., containing 56 21-100 acres, more or less, according to government survey.
All that part of the Southeast 1/4 of the southwest 14 of Section 32, Town- ship 9, north of Range 25, east W. M., lying north of the Prosser Falls Irriga- tion Company's present canal, containing 14 50-100 acres, except a strip 125 feet in width lying north and south along the west side of said land.
Also all that part of lot 7 lying between the Prosser Falls Irrigation Com- pany's canal and the Northern Pacific Railway track in the same section. Also 75-100 acres in the northwest corner of southwest 14 of southeast 14 of Sec- tion 32, Township 9, north Range 25, east W. M., said 75-100 acres of land being all of said southwest 1/4 of southeast 14 that lies under Prosser Falls Irrigation canal.
All of lot six (6) and 80-100 acres of lot five (5) more particularly de- scribed as follows: Beginning at the southeast corner of lot five (5), running thence 125 feet west along the south line of said lot five (5) ; thence due north to the south line of the Northern Pacific Railroad right of way; thence north- east along said right of way to the dividing line between lots five (5) and six (6) ; thence south along said line to place of beginning. All in Section thirty- two (32), Township nine (9), north of Range twenty-five (25), east of W. M.
Lot four (4), excepting therein the Northern Pacific Railroad right of way, in Section 31, Township 9, North Range 25, east of W. M.
Also lot five (5) in above section, excepting therefrom the Northern Pa- cific Railway right of way, and excepting also 17 93-100 acres, being a strip 632 feet wide lying along the east line of said lot, between said right of way and the Yakima River. Also all that part of the south 1/2 of southeast 1/4 of Sec- tion 31, Township 9, north of Range 25, east of W. M., lying south of the. Northern Pacific Railroad right of way, containing 53 21-100 acres. Except- ing therefrom 2 33-100 acres sold to the Northern Pacific Railway Company.
The north half of lot No. 4, except the right of way of the Northern Pa- cific Railroad; that part of lot 3 lying north of the Prosser Falls Irrigation Company's canal, except the northeast 1/4 of said lot ; 44-100 acres situated in the northwest corner of southeast 14 of northwest 74 of Section six (6), said 44-100 acres being all the land in that forty covered by the Prosser Falls Irrriga- tion canal ; also a right of way 60 feet wide, being 30 feet on each side of the center line of the Prosser Falls Irrigation Company's canal through lots 3, 5 and the southeast 14 of the northwest 1/4 of Section 6, all of said lands above described being in Section 6, Township 8, north of Range 25, east of W. M. Reserving a strip 15 feet wide on either side of the middle, east and west line running through lot 4 and half way through lot 3.
Lots five (5), six (6), seven (7) and eight (8), in Section ten (10), Town- ship eight (8), north of Range 24, east of W. M., containing 156 acres, more or less ; which said land has been platted and laid out as "The Fruitvale ten acre tracts," and of which lots one (1), eight (8), nine (9), ten (10), eleven (11), twelve (12) and thirteen (13) thereof have been sold and are hereby excepted from said sale and are not included in this conveyance.
Lots numbered one (1), two (2), three (3), four (4), five (5), twenty-
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HISTORY OF YAKIMA VALLEY
three (23) and twenty-four (24) according to the plat of "E. F. Benson's Orchard Tracts," as the same appears of record in the office of the County Auditor of Yakima County, Washington, containing ninety-two and 98-100 (92 98-100) acres, more or less, according to the U. S. government survey ; said tracts comprising all the east half (east 1/2) of the east 1/2 of Section nine (9), Township eight (8), north of Range twenty-four (24) east of W. M., which lies south of the Yakima River, excepting the right of way of the Northern Pacific Railroad across said tract ; said right of way being 400 feet in width.
All of lot seven (7) in Section eight (8), Township eight (8), north of Range twenty-four (24) east of W. M., except eight and 51-100 (8 51-100) acres lying and being in the northeast corner of said lot 7, and more particularly described as follows: Beginning at the northwest corner of the southeast quarter (S. E. 1/4) of the southeast quarter (S. E. 14) of Section eight (8), and running 323 feet west; thence north to the Yakima River; thence along the Yakima River in a northeasterly direction to the dividing line between lots 7 and 8, Section 8; thence south along said dividing line to place of beginning. The west half (W. 1/2) of the northeast quarter (N. E. 1/4) of the southeast quarter (S. E. 1/4) and the northeast quarter (N. E. 1/4) of the southwest quarter (S. W. 14) of Section twelve (12), Township eight (8), north of Range twenty- three (23) east of W. M.
Lot five (5) and all of lot six (6), excepting a strip from the north end quarter posts to river, being 295 feet from quarter posts to river on east end and 195 feet from quarter post to river on west end; also a right of way for road 30 feet wide on each end of reserved land to river. All situate in Sec- tion eight, Township eight (8), North of Range 24 east of W. M., containing sixty-three and 71-100 acres more or less, including railroad right of way.
Lots eleven (11), twelve (12), thirteen (13), and fourteen (14), of E. F. Benson's Orchard Tracts, according to the official plat thereof of record in the office of the County Auditor of Yakima County, State of Washington.
Lot 19, Benson's Orchard Tracts, and containing thirty-three and 4-100 acres, more or less.
All of said lands aggregating eight hundred and three and ninety-seven hundredths (803 97-100) acres, more or less.
Also all the right, title and interest of the Prosser Falls Irrigation Com- pany in Section one .(1), Township eight (8), north of Range 24 east of W. M.
Also all water rights in the waters of the Yakima River, now owned, held or claimed by said Prosser Falls Irrigation Company, by appropriation, con- tract, deed or otherwise.
Also that tract or parcel of land lying between Grant Avenue, Tenth Street and the Yakima River, in the town of Prosser, County of Yakima, State of Washington, according to the plat thereof filed in the office of the County Auditor of said county, and being in Section two (2), Township 8, North Range 24 East, and being the north half of Block 212 town of Prosser, Yakima County, Washington. Also all of lot three (3) in block nought (0) ; also so much of lot fourteen (14) in block nought (0) in said town according to said plat, as lies in said Section two (2).
Together with one pump house, two duplex pumps, two water turbines used
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HISTORY OF YAKIMA VALLEY
for running said pumps, 2,800 feet of riveted pipe connected with said pumping plant and all machinery and buildings now being located on said tracts or parcels of land; also 600 feet of fluming, with head gates, pen stock and head works; said flume running from the falls to said pump house; also right of way for said flume. Together with the land on which the same are situate, and all rights of way now owned, claimed or held by said Prosser Falls Irri- gation Company, and used by it for the purpose of maintaining and operating any of its canals, or pipe lines used for the conveyance of water in said irriga- tion system, whether held by deed, contract or otherwise.
Together with all and singular the tenements, hereditaments, and appur- tenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.
IRA P. ENGLEHART,
Receiver of Prosser Falls Irrigation Company. STATE OF WASHINGTON, COUNTY OF YAKIMA, ss :
Ira P. Englehart, being first duly sworn on oath, deposes and says: I am the duly qualified appointed, qualified and acting receiver of the Prosser Falls Irrigation Company, an insolvent corporation. That I have read and know the contents of the foregoing return of sale, and the same is true as I verily believe.
IRA P. ENGLEHART. Subscribed and sworn to before me this 20th day of March, 1899. (Seal) W. P. GUTHRIE, Notary Public for State of Washington, Residing at North Yakima, Washington.
INSTRUMENT NO. 44. IN THE SUPERIOR COURT OF YAKIMA COUNTY, STATE OF WASHINGTON. W. B. KNOBLE, Trustee, Plaintiff, VS. PROSSER FALLS IRRIGATION COMPANY, Defendants. EMMA LOUISE WOOD, Plaintiff.
vs.
PROSSER FALLS IRRIGATION COMPANY, a corporation; THE FIDELITY TRUST COMPANY, a corporation, et al., Defendants. ORDER OF CONFIRMATION.
This court having by an order duly made and entered in the above entitled cause, dated February 8, 1898, commanding Ira P. Englehart, the duly qualified and acting receiver of the Prosser Falls Irrigation Company, an insolvent cor- poration as such receiver to sell at public auction on the 18th day of March, 1899, at the Court House in North Yakima, Yakima County, State of Wash- ington, certain property, real, personal, and mixed of the Prosser Falls Irriga- tion Company, then being in the custody and control of such receiver for this Court, and said receiver having this day filed his return of sale showing that pursuant to said order he gave proper notice that he would sell at public auction as such receiver on the 18th day of March, 1899, at the hour of 2 o'clock p. m. of said day, at the front door of the Court House in the city of North Yakima, State of Washington, said property, by publishing for five successive weeks in
HIGH SCHOOL, PROSSER
RIVERVIEW SCHOOL, PROSSER
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HISTORY OF YAKIMA VALLEY
the Yakima "Republic," a newspaper of general circulation published at North Yakima, Yakima County, State of Washington, a notice of said sale. That at the time appointed by the order of said court, said Ira P. Englehart, as such receiver, did sell the property, real, personal and mixed, hereinafter more fully de- scribed to one Levi Ankeny for the sum of $8,000, lawful money of the United States.
That said Levi Ankeny was the only bidder and the only person who has offered to purchase said property. And it satisfactorily appearing to this court by the return of sale of said property, filed herein by said Ira P. Englehart, Receiver, and by oral testimony taken this day, that all of said facts are true, and it satisfactorily appearing to this court by reason of said return of sale and said oral testimony taken this day that said sale was conducted in the man- ner at the place and by the person by this court commanded to make the same, and that due notice was given of the same as provided by the order of this court and that said sale was properly and fairly conducted by said receiver represent- ing this court. And Jones & Guthrie, attorneys for W. B. Knoble, trustee in the above entitled cause, and for George Hesselmann, one of the creditors and bondholders having this day in open court consented to said sale being ratified, approved and confirmed, and no objections having been made by any one of the confirmation of said sale and it satisfactorily appearing to this court that said sale should be confirmed.
Now, therefore, it is hereby ordered that the aforesaid sale be and the same is hereby confirmed, ratified and approved, and said receiver is hereby author- ized to convey to said purchaser, Levi Ankeny, the following described property, real, personal and mixed, lying and being in the County of. Yakima, State of Washington, and more fully described as follows, to-wit:
All rights of way now owned, claimed or held by the Prosser Falls Irriga- tion Company and used by it for the purpose of maintaining and operating anv of its canals, or pipe lines used for the conveyance of water in said irrigation system, whether held by deed, contract or otherwise.
Also all the right, title and interest of the Prosser Falls Irrigation Com- pany in Section 1, Township 8, N. R. 24, E. W. M. Also all water rights in the waters of the Yakima River now owned, held or controlled by said Prosser Falls Irrigation Co. by appropriation, contract, deed or otherwise (and other lands).
Together with all and singular the tenements, hereditaments and appurten- ances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof (and other personal property).
And upon receiving from said purchaser, Levi Ankeny, the sum of $8,000, lawful money of the United States the said Ira P. Englehart, receiver, is hereby authorized to make, execute and deliver to said Levi Ankeny a deed of said property in the usual form.
Dated this 22nd day of March, 1899.
JOHN B. DAVIDSON, Judge.
Filed March 28, 1899.
Recorded in Volume "H," Superior Court Journal, page 197.
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HISTORY OF YAKIMA VALLEY
INSTRUMENT NO. 45.
IN THE SUPERIOR COURT OF YAKIMA COUNTY, STATE OF WASHINGTON.
W. B. Knoble, Trustee, Plaintiff, vs. Prosser Falls Irrigation Company, De- fendant; Emma Louise Wood, Plaintiff, vs. Prosser Falls Irrigation Com- pany, a corporation. The Fidelity Trust Company, a corporation, et al., Defendants.
STIPULATION: It is hereby agreed and stipulated by Jones & Guthrie, attorneys for the above named W. B. Knoble, Trustee, and Whitson and Parker, attorneys for the above named Emma Louise Wood, and Ira P. Englehart, Re- ceiver, in said cause, that said Ira P. Englehart be discharged from any further duties as such Receiver; that said receivership be closed, and that necessary orders to said end be made and entered by the above Court therein.
JONES & GUTHRIE, Attorneys for W. B. Knoble, Trustee. WHITSON & PARKER, Attorneys for Emma Louise Wood. IRA P. ENGLEHART, Receiver and Attorney pro se.
INSTRUMENT NO. 46.
IN THE SUPERIOR COURT OF YAKIMA COUNTY, STATE OF WASHINGTON.
W. B. Knoble, Trustee, Plaintiff, vs. Prosser Falls Irrigation Company, De- fendant ; Emma Louise Wood, Plaintiff, vs. Prosser Falls Irrigation Com- pany, a corporation, the Fidelity Trust Company, a corporation, et. al., De- fendants.
ORDER DISCHARGING RECEIVER. A written stipulation signed by Jones & Guthrie, attorneys in the above cause for W. B. Knoble, Trustee; Whit- son & Parker, attorneys for Emma Louise Wood, and Ira P. Englehart, Receiver in the above cause, that said Ira P. Englehart, Receiver, be discharged, having been duly presented to this Court; and it satisfactorily appearing to this Court that the duties of said Receiver are at an end, and that said Receiver should be discharged in said cause.
It is therefore ordered, that said Ira P. Englehart, Receiver in the above cause be, and he is hereby discharged from any duties as such Receiver, and said Receivership is hereby closed and settled.
It is further ordered that all acts done and performed by said Ira P. Engle- hart, Receiver, including the expending and disbursing of moneys by him as such Receiver be, and the same are hereby ratified, confirmed and approved.
It is further ordered that the bondsmen of said Receiver be, and they are hereby released from any further liabilities as such bondsmen and they are hereby discharged.
JOHN B. DAVIDSON, Judge.
Dated January 10, 1901.
Filed April 26, 1901.
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HISTORY OF YAKIMA VALLEY
INSTRUMENT No. 47.
IRA P. ENGLEHART, Receiver of the Prosser Falls Irrigation Company, Grantors,
to
LEVI ANKENY, Grantee.
DEED. 'Dated the 22nd day of March, 1899. Filed for record the 23rd day of March, 1899, at 2:50 p. m. Recorded in Book "Z" of Deeds, page 517. Amount, $8,000.00. Granting words G. B. S. and C.
(Signed)
IRA P. ENGLEHART,
(Seal.) Receiver of Prosser Falls Irrigation Company. Witnesses-W. C. Steinweg. O. A. Fletcher.
Acknowledged the 22nd day of March, 1899, by Ira P. Englehart, Receiver of the Prosser Falls Irrigation Company.
(Seal)
Before O. A. FECHTER, Notary Public. Yakima, Washington.
(I. R. S. $8.00)
Description-Whereas, Ira P. Englehart was on the 24th day of February, 1897, by the Superior Court of the State of Washington duly appointed and made Receiver of the Prosser Falls Irrigation Company, " " said order is recorded in the office of the Clerk of the Superior Court of said County and State in Journal "G," page 98. And said Ira P. Englehart duly qualified as such Receiver, and ever since has been and now is such Receiver.
AND WHEREAS said Ira P. Englehart as such receiver has been duly ordered by said court to sell by public auction the real estate, water rights, canals, flumes, pipe lines, machinery and other property real, personal and mixed of the Prosser Falls Irrigation Company, a corporation as hereinafter more fully described, by an order of said court dated and entered in said court on the 8th day of February, 1899.
AND WHEREAS said Ira P. Englehart as such receiver did on the 18th day of March, 1899, sell all the property hereinafter described to said Levi Ankeny for $8,000 to him in hand paid.
AND WHEREAS said sale was thereafter and on the 22nd day of March, 1899, duly approved, ratified and confirmed by the Superior Court of the State of Washington, for the County of Yakima, and said receiver was then and there ordered to properly make, execute and deliver a proper conveyance of deed thereto to said Levi Ankeny; said order is recorded in the office of the Clerk of said Court in Journal "H," page 197.
The following described property, real, personal and mixed, situate and being in the County of Yakima, State of Washington, to-wit :
All rights of way now owned, claimed or held by the Prosser Falls Irriga- tion Company and used by it for the purpose of maintaining and operating any of its canals, or pipe lines used for the conveyance of water in said irriga- tion system, whether held by deed, contract or otherwise.
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