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Contract between Arthur Baldwin and the Canadian Pacific Railway Company Canadian Pacific Railway Company Sep 11, 1911

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 dJ». \.\    • Iffi 19\V.
the
CANADIAN PACIFIC RAILWAY CO.
AND
CONTRACT
CALGARY
BRIDGELAND    SUBURB
BL.KS.   138-17B   &.   177
-^
TUPPER, GALT, TUPPER, MINTY & McTAVISH
Solicitors for  Land  Department
W.NNIPEG,     MAN. ^   /^ f DATED \\ : K! 19.VV
No.
THE
CANADIAN PACIFIC RAILWAY CO.
AND
".••.<«*'■■
CONTRACT
CALGARY
BRIDGELAND    SUBURB
BLKS-   138-I7B   &.   177
TUPPER, GALT, TUPPER, MINTY & McTAVISH
Solicitors for  Land  Department
WINNIPEG,     MAN. 7-      f„      .
AT*tC '    (*?<?>' ■   ■     "'     '      * . :
:
■'
No JSlcAb
CANADIAN PACIFIC RAILWAY COMPANY
This Contract, made this	
191 i      Between/^HE CANADIAN PACIFU
day of sfe. \ in  the year
t^>, day of £&£
RAILWAY C'OMPAftffc (hereinafter^alled "The Company")
6^
,^ ^A<k^A .^.....^.d 2-5T. .^-^^..k^..^ fc^^vAp_
v^   ^v^.^..y^^.^Qy>h...^±	
 .izy..y..:..y...-...z:..><rr....~....{..) - :...- : \^...\u\.%tthO.	
hereinafter called "The Purchaser, *» WITNESSETH that in consideration of the conditions and stipulations herein contained, and the
payments to be made as hereinafter specified, the performance of each and every of the said conditions and stipulations as well as the
said payments being hereby expressly declared a condition precedent and of the essence of this Contract, the Company hereby agrees
to sell to the Purchased B- f\     [ ) ) §
Lot Numbered £M.^^.-S^...±. in   Block  NumberedL^^^^^j^^T.Y^
in Bridgeland, Suburb of the City of Calgary accordi|h~& to a map or plan\of Isaid Suburb filed in the Land Titles Office at Calgary as
Number for the sum of J^s.^.^^th^^. ^.\^h.^...\.J. <J ^ / ...Dollars,
on which the said purchaser     ha1^    paid the sum of....<TV-'^---- --- LQ&..j&^J?.......J„...J....„. Dollars,
on account of the principal, and the said purchaser in consideration of the premises, hereby agree to pay to the said Company
at the Office of the Land Department of The Canadian Pacific Railway Company, at the City of Winnipeg, the following sums of
principal and interest at the several times named below:
yflH^-N DUE
2ndiPayment\\. :..#$/. 19&.
3rd Payment 19. . ..
PRINCIPAL
&XC*
fcM&
c.
stf.
v>S
INTEREST
*&.
^.
\
\
%%
^
WHEN DUE
PRINCIPAL
c.
\f
INTEREST
AttJl ttf* PttrrtfaafrP IjKtPhlJ Agrer and bind\V\Cvv\fla^ lV\>o^heirs and assigns, and this contract is made on the express stipulations and conditions:
That all improvements placed upon such land shall remain thereon and shall not be removed or destroyed until final payment has been made for the said land.
That Thel will punctually pay the sums of money above specified as each of the same becomes due, and will pay interest at the rate of eight per centum
per annum upon all payments in default, whether of principal or interest.
That "Therwill regularly and duly pay all such taxes and assessments as may be lawfully imposed upon said land or said improvements. And if
the Purchaser Q or approved Assignee, as the case may be, shall fail to pay said taxes, the Company may, on behalf of the Purchaser or approved Assignee
pay the same and the amount so paid shall be payable forthwith by the PurchaseiryTW^ legal representatives or assigns, to the Company, with interest
at the rate of six per centum per annum.
That if the lots hereby purchased are included among any of the lots in blocks one hundred and thirty eight (138) to one hundred and
seventy five (175), both inclusive, or in block one hundred and seventy seven (177) 'Ihel will not erect or cause or suffer or permit to be erected or
placed upon the lots hereby purchased any building within twenty (20) feet of any street or avenue limit except the limits of Drury Road, Peter
Road and Archer Road, and the term "building"  shall include any verandah, lean to or annex of any description whatsoever.
That "Yhe"! will not use, or suffer, or permit the lots hereby purchased, or any of them, to be used as a sand or gravel pit, or quarry and will not remove, or suffer, or permit to be removed from the said lots, any sand, gravel, stone, or other material, save such as may be necessary for improving the
said lots, or building thereon subject to above covenants.
That \he*1   will insert covenants similar to the above in all agreements made by -| hwwfor a re-sale of the said land or any part thereof.
That \he \ will observe the restrictions applicable to the lots or blocks purchased by 'Iht-w* and that same shall be enforceable against <(htwbyoron
behalf of the owner or owners from time to time of any one or more of the lots in said blocks numbered one hundred and thirty eight (138) to one
hundred and seventy five (175) both inclusive and in block one hundred and seventy seven (177).
All the lots in said blocks are sold by the Company subject to the various restrictions above set forth and these restrictions are to be enforceable by,
on behalf of or against the owner or owners from time to time of any one or more of the lots in said blocks numbered, one hundred and thirty eight
(138) to one hundred and seventy five (175) both inclusive and in block one hundred and seventy seven (177).
If the Purchaser^ .T^^ legal representatives, or assigns, shall pay the several sums of monekj aforesaid punctually at the several times above fixed
and shall in like manner strictly and literally perform all and singular the aforesaid conditions, thenrUcv\ rUt.\i heirs or assigns approved as hereinafter
provided, upon request at the Land Office of the Company, at the City of Winnipeg, and the surrender of this contract, shall be entitled to a Deed or Transfer
conveying the said premises in fee simple freed and discharged from all encumbrances but subject to the reservations, limitations, provisoes and conditions
expressed in the original grant from the Crown and in this agreement.
But if the Purchaser^ or approved Assignee, as the case may be, shall fail to make the payments aforesaid, or any of them within the times above
limited respectively, or fails to carry out in their entirety the conditions of this Contract in the manner and within the times above mentioned, the times of
payment as aforesaid as well as the strict performance of each and .every of the said other conditions and stipulations being a condition precedent and of
the essence of this Contract, then the Company shall have the right M) declare this contract null and void by a notice in writing to that effect, personally
served on the Purchaser^, or mailed in a registered letter addressed tcP-v,Cv*- at the Post Office named below,.or in case of an approved assignment, personally
served on the Assignee or addressed to the Assignee at the Post Office or place of residence described in the^assignment, or in case of the death of the Purchaser's-or Assignee and no will of the deceased being proved or personal representative appointed torvv^ estate in the Province or Territory where
the said land is situate within one year after the death of the deceased then the Company shall have the right to declare this Contract null and void without
any notice by cancelling the same in their books and all rights and interests hereby created or then existing in favor of the Purchaser (^or approved Assignee,
or derived under this Contract, shall thereupon cease and determine, and the premises hereby agreed to be sold, shall revert to and revest in the Company
without any further declaration of forfeiture or notice or act of re-entry, and without any other act by the Company to be performed, or any suit or legal
proceedings to be brought or taken, and without any right on the part of the said Purchaser ^> or Assignee to any reclamation or compensation for moneys
paid thereon. In case the Company at any time hereafter become entitled to cancel this Contract, they shall without prejudice to their right thereafter
to cancel, have the right to enter upohlhave, hold, use, occupy, possess and enjoy the said land and an)' improvements thereon, without let, suit, hindrance, interruption or denial of the Purchaser SI\MAi heirs or assigns, or any other person or persons whomsoever, and to occupy the said land personally or by their
servant or agent, or to lease the same to any person, firm or corporation, applying on this Contract the net amount received by the Company therefrom after
payment of all costs, charges, and expenses in connection therewith, the Company to have entire discretion in their own option, as to the method, the manner and price of such occupation or letting.
If squatters or other persons shall be found on any of the said lands, or to have any claim thereto, the Purchaserphereby undertake .their removal
or the settlement of such claim, and to obtain possession of said lands atrW^own cost and expense, unless (WW determine to abandon the property adversely
possessed or claimed, of which determination notice in writing shall be given to the Land Commissioner of the Company within one month frorn^,^ discovery
of the fact of adverse possession or claim, but in case of adverse possession or claim, the Company shall have the right to cancel the sale. And if the Purchaser S shall so abandon the property, or if such adverse possession or claim ehall be maintained, or should prove to be under valid title, or if the sale should
be cancelled by the Company, the Purchaser? shall have no claim for damagesAiijsr upon any other ground, upon the Company, save and except for the return,
with interest, of the payment made on account of the lands withheld frompf^^
No assignment of this Contract shall be valid unless the same shall be for the entire interest of the Purchaser,P and approved and countersigned by the
Commissioner of the Land Department or other duly authorized person, and no agreement or conditions or relations between the Purchaser^ and Assignee
or any other person, acquiring title or interest from or through the Purchaser p shall preclude the Company from the right to convey the premises to the said
Purchaser^ on the surrender of this agreement and the payment of the unpaid portion of the purchase money which may be due hereunder, unless the assignment hereof be approved and countersigned by the said Commissioner or other person as aforesaid.
I
3ht •Uttttjpsa IJJIfgrfnf the Canadian Pacific Railway Company have caused these presents in duplicate, to be signed by their Land Commissioner and the
Purchaser P   ha V> hereunto setfi^iA, nameS>on the day and year first above written.
As to Signature of l,and Commissioner
Witness ... vf/r... UWU^rr7.
As to Signature of Pui
Witness
Land Commissioner
As to Signature of Purchaser
Purchaser^
Form l<. D. 15. Clgy. Bdgld., No. 2.       1500 Sept., 11

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