Cambria County PA Archives Deed.....KLINE, Mary A. - ABEL, John July 7, 1916 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Lois Jones (oxalisgrower@hotmail.com) Nov. 4, 2010 Agreement - Mary A. Kline to John Abel July 7, 1916 Elder Township, Cambria Co., PA Vol. 273, Page 697 Article of Agreement, made the 7th day of July A.D. 1916 Between Mary A. Kline widow of Anthony Kline deceased of Elder Township, Cambria Co., State of Pennsylvania party of the first part and John Abel of Carrolltown Boro, Cambria Co. and State of Pennsylvania party of the second part. This Agreement Witnesseth, that the party of the first part, for and in consideration of the rents and covenants hereinafter mentioned to be paid, kept, and performed by the said party of the second part, do grant, demise and let unto the said party of the second part, the right and privileges to mine and take away all the coal known and designated as the "B" Vein in, under and upon the following described tract of land situated in the Township of Elder, Cambria County and State of Pennsylvania, Surface of which is owned by Mary A. Kline, widow of the late Anthony Kline, deceased, Excepting and reserving however two acres of the coal under the buildings of the said land, said reservation to be surveyed by the party of the second part as directed by the party of the first part, said land bounded and described as follows: Beginning on the line of Jacob Cronauer and F. Yeager at a point thence along line of Jacob Cronauer South 85 degrees, East 85 perches to a point; thence South 5 degrees, East 26 perches to a point; thence South 85 degrees, East 84 perches to a point; thence South 6 degrees west along land of C and C Improvement Company, 90 perches to a point; thence along land of Adam Hass, North 85 degrees, West 181.1/5 perches to a point and place of beginning, Containing 114 acres net less the above named reservation of two acres leaving 112 acres in this agreement. Together, with free ingress, regress and egress at all times with all necessary rights and privileges needful for the mining and removing all of said "B" Vein of coal such as are usual and necessary for mining, boring, testing, shipping and transporting the same including right of way for Railroad Sites, Chutes, Air Courses, buildings, machinery, sidings and all other structures necessary and convenient for mining, preparing and shipping of coal and the various products of the same and land appurtenant and necessary for use and occupation of the same, and the right to use water and waterways necessary in the mining and shipping of coal and its various products, without liability for damages, with free release of all damages to the water, water courses, on surface of the above described land with full right free from any charge whatsoever to transport, haul, or remove any coal on adjoining lands owned, leased, or controlled by the party of the second part, his heirs or assigns, through or under the above described tract of land, for a period of twenty (20) years or until all the marketable and workable coal in the said "B" Vein has been taken out. The weight of the coal to be paid for under this lease shall be determined by the weigh scales of the Railroad Company who weigh the coal and carry it to market, party of the first part to receive a copy each month of the same. The rent stipulated to be paid under the lease for coal taken out to be paid quarterly, every three months on or before the 20th of the month for all coal mined the preceding three months. The party of the second part binds himself, his heirs or assigns to mine and take out a minimum amount of coal each and every year of 5000 tons of 2240 lbs. per ton and in case they fail to mine and take out the minimum amount of 5000 tons of coal they are to pay a yearly sum of ($250.00) dollars payable quarterly. The party of the second part agrees to furnish monthly to the party of the first part, a full detailed statement of all coal mined and shipped from the property hereby leased. The party of the second part will to the best advantage for the both parties agree on the method to mine the coal according to law. The party of the second part is to mine and remove the marketable and workable coal therefrom so long as the same shall be profitable to the party of the second part. The taxes assessed upon the land or the coal under the land of the said party of the first part must be paid by the party of the first part. The taxes assessed upon the improvements erected by the party of the second part such as Chutes and all other personal property must be paid by the party of the second part. The party of the first part reserves the right at all times to ingress, egress, or regress into and from the said coal mine to see whether or not the terms and conditions of this lease are complied with. And in case of any unusual interruptions or extra-ordinary faults in the vein of coal under the land herby leased beyond the ordinary course of mining, in that event an examination will be made by the party of the first part and the party of the second part for the purpose of ascertaining what would be best to do. And in case of a disagreement the parties of the second part can give up this lease and remove their property from the said land or dispose of it in whatever way the see fit. All improvements made upon the leased premises may be taken away by the party of the second part at the end of this lease, or at its abandonment at any time. The party of the second part has the right to sell this lease and all improvements at any time he desires. In consideration whereof, the said party of the second part by these presents does bind himself, his heirs and assigns to pay or cause to be paid unto the said party of the first part, her heirs or assigns the sum of five (5) cents per gross ton of (2240) lbs. for all of said "B" Vein of coal mined and shipped and removed from said land in manner following vis. Quarterly on the 20th day of the months of July, October, January and April of 1917&18 and so on from time to time for all coal of the land of the said "B" Vein mined and removed from the said land the preceding three months. The operating of this lease to commence on the first day of April 1917. In Witness Whereof, the parties to this agreement have hereunto set their hands and seals the day and year first above written. Witness to signatures /s/ D. J. Houck /s/ Mary A. Klein SEAL /s/ John Abel SEAL State of Pennsylvania County of Cambria On this 7th day of July A.D. 1916 before me, the subscriber a Justice of Peace in and for said County, personally came the above named Mary A. Kline, who in due form of law acknowledged the foregoing Indenture to be her act and deed desiring the same to be recorded as such. Witness my hand and official seal the day and year above written. /s/ D. J. Houck, Justice of Peace (J. P. Seal) My commission expires Jan. 5th 1920. For and in consideration of $15.00 lawful money of the United States to me paid on or before the assigning of this agreement I hereby transfer and set over unto the Miller Run Coal Co. Incorporated the said lease of coal from Mary A. Kline said Miller Run Coal Co. to have all the emoluments and privileges of this agreement, also to keep and perform all the covenants received and conveyed to me the said lessee John Abel. Miller Run Coal Co. hereby agreeing and becoming responsible for the privileges herein granted agreed to and conveyed, they binding themselves, their heirs, executors, and assigns to the fulfillment of all the covenants therein contained. In witness whereof we have hereunto set our hand and seal this 1st day of August A.D. 1916. Witness to signature /s/ D. J. Houck /s/ John Abel SEAL /s/ A. Dietrick, Secy. SEAL Miller Run Coal Co. SEAL State of Pennsylvania County of Cambria On this 1 day of August A.D. 1916 before me the subscriber personally came the above named John Abel who in due form of law acknowledged the foregoing indenture to be his will and act and deed and official seal the day and year aforesaid. /s/ D. J. Houck, Justice of the Peace (J. P. SEAL) My commission Expires Jan. 5th, 1920 Recorded Oct. 27th A.D. 1916 Sealed and Delivered in the presence of: /s/ D. J. Houck /s/ Mary A. Kline SEAL /s/ Theodore Huber SEAL Received, the day of the date of the above Indenture, of the above named Raymond Thomas the sum of Forty nine hundred Dollars, lawful money of the United States, being the consideration money above mentioned in full. /s/ Mary A. Kline /s/ Theodore Huber State of Pennsylvania County of Cambria On this 1st day of November A.D. 1919, before me the subscriber a Justice of the Peace in and for said County personally came the above named Mary A. Kline widow of Anton Kline deceased and Theodore Huber an Executor in Anton Kline will who in due form of law acknowledged the foregoing Indenture to be their act and deed, and desired the same might be recorded as such. Witness my hand and official seal the day and year aforesaid. /s/ D. J. Houck J. P. SEAL Justice of the Peace My commission expires Jan. 5th, 1920 Recorded Nov. 13th A.D. 1919 /s/ Daniel W. Good, Recorder