Free Stipulation - District Court of Federal Claims - federal

Case 1:03-cv-00785-MBH

Document 88-4

Filed 12/15/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WARREN BERES, et al., ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ______________________________)

No. 03-785L, as Related to SCHROEDER (No. 04-1456L), RAY (No. 04-1457L), KLEIN (No. 04-1458L), PETERSON (No. 04-1459L), SPENCER (No. 04-1463L), NELSON (No. 04-1465L), MANNING (No. 04-1466L), LANE (No. 04-1468L), and COLLINS (No. 04-1472L). Honorable Marian Blank Horn

EXHIBIT C Transcription of JA Ex. 108

Case 1:03-cv-00785-MBH

Document 88-4

Filed 12/15/2006

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Louie Tahalthkut ) and ) Daniel J. Reichert )

Agreement

These articles of agreement made entered into and executed at the city of Seattle, King County, Washington Territory on this 22nd day of June, A.D. 1889, by and between Louie Tahalthkut of King County aforesaid party of the first part, and Daniel J. Reichert of the city of Tacoma, Pierce County in said Territory party of the second part, Witnesseth: 1st That the said party of the first part for and in consideration of the covenants promises and agreements on the part of the said party of the second part hereinafter contained, covenants promises and agrees to sell and convey and by these presents does sell and convey and confirm unto the said party of the second part his heirs and assigns, and said party of the second part covenants promises and agrees to buy and take all and singular the timber suitable for logging and piling purposes now standing growing and being on those certain pieces or parcels of land situate lying and being in King County, Washington Territory and particularly described as follows, to wit: Lot 4 and SE ¼ of SW ¼ of SEC. 32 in Township 25 N of Range 6 E containing 75 acres for the sum of $250.00 gold coin of the United States of America to be paid at the date of the execution of these presents and the said party of the second part in consideration of the premises, covenants promises and agrees to pay to the said party of the first part the said sum of $250.00 gold coin at the time aforesaid. 2nd It is mutually covenanted promised and agreed by and between the respective parties hereto that in consideration of the premises the said party of the second part shall and may have the privilege and right of free and uninterrupted ingress and egress upon and from said described lands with his men, teams and appliances for the period of two (2) years next ensuing this date for the purpose of entering upon, cutting, hauling and removing all of said logging and piling timber off from said land and to construct and make all logging roads necessary therefor and in case further said party of the second part shall not cut haul and remove all of said logging and piling timber off from said land during said two years then and in that case the time in which to so cut haul and remove said timber as aforesaid shall be extended for the further period of one year next thereafter upon payment by said party of the second part to said party of the first part the sum of ten (10) dollars therefor. These articles are declared to be and are binding upon the heirs legal representatives and assigns of the said parties hereto. In Witness whereof the said parties hereto have hereunto set their hands and seals the day and year first above written. Signed sealed and De) livered in the presences of ) Louie X Tahalthkut (seal) Eban Smith ) Daniel J. Reichert (seal) Thor T. Kittell )

Case 1:03-cv-00785-MBH

Document 88-4

Filed 12/15/2006

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Territory of Washington

) ) SS This is to certify that on this 23rd day of June County of King ) AD 1889 before me Eban Smith a Notary Public in and for Washington Territory duly commissioned and sworn personally came the within named Louie Tahalthkut and Daniel J. Reichert to me known to be the individuals described in and who executed the within instrument and acknowledged to me that they signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Witnessed my hand and official seal the day and year in this certificate first above written. Eban Smith Notary Public in and for Washington Territory