a Wednesday, February 16th, 1848. On motion, the following resolution was unanimously adopted: Resolved, That James Davis, the contractor for the construction of the canal around the rapids of Grand River, may have the privilege of constructing the same on the east side of Grand River, and may construct, in connection therewith, a dam across the river at some point between the salt works of Lucius Lyon and Cold Brook, and said dam to be a part of said work; the said canal, from the dam to the place of locking down into Grand River, which may be between McCrary's furnace and the foot of Monroe street, shall not be less than eighty feet in width on the water level, with good and sufficient embankments on both sides, and of sufficient depth so as to contain five feet of water. The lock or locks to be constructed in the manner described in the former contract, and of the size required by law. A good boat channel to be excavated from above the dam to deep water at the head of the rapids, also below the lock to the lower store-house, below the foot of the rapids, which boat channel shall not contain less than three feet of water at all seasons, and to be not less than sixty feet in width; the dam to be constructed with a sluice or apron therein, so that barges, rafts, or other water craft may pass at proper stages of water, and to be so constructed as not to flow any of the lands above the head of the rapids, and every way to be constructed in a substantial and workmanlike manner: Provided, That said Davis shall first procure the releases required by law, as well for the right of way as for damages to the state, and enter into contract with this board with good and sufficient sureties for the completion of said work: And provided further, That the requisite releases of the right of way for said dam can be obtained, and also releases to the state for damages in consequence of said dam being built, then said canal shall be constructed on the west side of Grand River: And provided further, That the said dam be constructed at or near the old guard locks: And provided further, That nothing contained in this resolution shall be so construed as to affect, in any manner, the contract hertofore entered into by and between the board and said Davis relative to the construction of said canal, nor the sureties for the fulfilment of the same. Thursday, February 17th, 1848. On motion, the following resolution was adopted: Resolved, That James Davis is hereby fully empowered to select and report to the commissioner of the state land office the lands appropriated by the legislature of this state, at its last session, for the construction of a canal around the rapids of Grand River at Grand Rapids, he having contracted for the construction of the same. Friday, February 18, 1848. James Davis, contractor for the construction of the canal around the rapids of Grand River, at Grand Rapids, having appeared before the board and presented a new bond and surety for the fulfilment of said contract, On motion of Norman Ackley, The same was accepted and the old one discharged. The following resolution was passed and adopted: Resolved, That if the right of way for a canal on the west side of Grand River cannot be obtained, then the contractor may construct said canal on the east side of said river: Provided, That nothing in this shall interfere with the privilege of the contractor building a dam in case all persons concerned shall come to an agreement regarding the same. Board adjourned sine die. I hereby certify the above to be a true transcript of the record of the proceedings of the board of supervisors of Kent county with regard to the location, &c., of the canal around the rapids of Grand River, at Grand Rapids, since the making of contract with James Davis. S. R. SANFORD, County Clerk. This contract, made the twenty-second day of April, in the year one thousand eight hundred and forty-eight, between Rix Robinson, Daniel Ball and Frederick Hall, commissioners, appointed by the Governor of the State of Michigan, under and by virtue of an act of the legislature of the State of Michigan, entitled "an act to amend an act, entitled an act to authorize the supervisors of Kent county to construct a canal and locks around the rapids of Grand River, at Grand Rapids," approved February 20th, 1847, and an act amendatory thereto, approved January 29th, 1848, passed for the purpose (as is therein expressed) of carrying out in a more prompt and efficient manner the objects specified and provided for in said original and amendatory acts, and approved March 28th, 1848, party of the first part, and James Davis, of Walker, in the county of Kent, and state aforesaid, party of the second part: Witnesseth, that whereas. the said party of the second part heretofore, to wit: on the 9th day of September, A. D. 1847, made, executed and entered into articles of agreement with the supervisors of said Kent county to construct a canal and locks around the said rapids of said Grand River, (the said supervisors then being invested with power to make, enter into and receive said contract, under and by virtue of the said original act of said legislature) and gave the necessary security for the faithful performance and fulfilment thereof, as will more fully and at large appear by reference to the said articles of agreement and the bond filed as such security, and to which and to the said acts of said legislature, reference is hereby made for the more full understanding of this contract; and whereas, the said articles of agreement only related to and provided for the construction of a canal and locks upon the west side of said Grand River, to wit: in the township of Walker; and whereas, the said supervisors of said county of Kent subsequently to the making and execution of said articles of agreement, tɔ wit: on the eighteenth day of February, A. D. 1848, by resolution, authorized the said party of the second part to construct the same upon the east side of Grand Rriver, (to wit: at the said Grand Rapids) under a certain condition and proviso therein expressed, as will more fully appear by reference to the recorded minutes of said board of supervisors of that date, in the office of the clerk of said board, to which reference is hereby made; and whereas, the said party of the first part, acting in their said capacity of commissioners aforesaid, in consideration of the said action of the said board of supervisors, and after due and careful consideration of all matters connected with the said acts of said legislature and the action of said board of supervisors, and of the articles of agreement aforesaid, and of the public rights and interests, and upon the report and representation of the said party of the second part, to them, said party of the first part, of his inability to procure the right of way for the location of said canal upon said west side of said rapids, and upon his consent and request for the location of said canal and locks upon the east side of said rapids of said river, and a modification of his said articles of agreement to that effect, did, at a regular session of their said board, on the 21st day of April instant, adopt so much of said resolution of the said board of supervisors, passed on the said 18th day of February last,. as authorized the re-location of said canal and construction thereof on the east side of Grand River, and did thereupon locate the same upon said east side of said river accordingly; and whereas, it is the desire and true meaning and intention of the said parties to these presents so to alter, change and modify the aforesaid articles of agreement as to conform to said change of location, and to provide for the construction of said canal and locks upon the east side of said Grand River, to wit: in said Grand Rapids, and for the erection and construction of a dam extending across said river, or for a wing dam, running up said river, as the case may be, to all of which the said party of the second part has assented and hereby does assent and fully consent: Now, therefore, for the purposes of carrying into effect the said resolution and determination of the said party of the first part heretc, and of carrying out the objects of the said legislature and the intention of all parties hereto, the said party of the first part, acting as commissioners as aforesaid, and pursuant to the authority vested in them by the act of the legislature of this state as aforesaid, and in consideration of the premises and of the covenants, conditions and agreements of the said party of the second part hereinafter contain ed, do hereby for themselves and their successors, covenant, grant and agree to and with the said party of the second part, his executors, administrators or assigns in manner following, viz: First. That they shall and will, and hereby do adopt and recognize the said articles of agreement hereinabove mentioned, made by and between the said party of the second part and the said supervisors of Kent county, except in so far only as relates to the place of location of the said canal and locks and as the same is hereinbefore declared to be and hereafter covenanted, declared and agreed to be changed and modified. Second. That they do hereby modify and alter the said above mentioned articles of agreement and the terms thereof, so far and to such extent that the said canal and locks shall be located and constructed upon the east side of said rapids of Grand River, to wit: in said Grand Rapids, and along the line and in the bed of the present canal to the limit, length and extent thereof, and to be extended northwardly and southwardly therefrom, to such distance and of such dimensions as shall be fixed and designated in the plans and specifications hereinafter mentioned. Third. That they shall and will with all convenient despatch and within thirty days from and after the date hereof, procure and cause to be made a survey of the water of said canal, and designate and fix the termini thereof, both at the northern and southern extremity taereof-but in any event following and occupying the bed of the present canal or mill race to the full length thereof-subject only to the alterations and modifications hereinfter provided for; and will also, within twenty days after request made to that effect by the said party of the second part, furnish and deliver to the said party of the second part full and complete plans, specifications and directions respecting the mode and manner of constructing the said canal (excepting only the locks and dam or wing dam); and further, shall and will within ninety days after like request, furnish and give to the said party of the second part plans and specifications for the construction of one or more composit locks (so called) of the description and dimensions hereinafter in the contract of the said party of the second part mentioned, and of the place and manner of construction thereof; and shall and will, also, with all convenient despatch, after rights of way and release of damages shall have been procured for the abbutal |