HomeMy WebLinkAbout82- Burke Easement (2)
EDMUNO BURI<E.
OEO~GE W. ASHFO~OI ,H~."
WAYNE M. SAKAI.
HOWARD F. McPHEETE.RS.
wILLIAM A. BORON ER"
WILLIAM H. GH..ARDY, .J~."
MICHIAO IWANAGA-
BARRY M. KURR[:N.
JAP-4e::S T. E.STES. JR.-II-
JE:FFRE:Y Y, HIGASHI
BRIAN ABURANO
E:MILlA M_ D,ME:O
ATTORNEYS AT lAW
A lAW CORPORATION
3100 MAUKA TOWER, GROSVE:NOR CENTER
737 BISHOP STRE:E:T
HONOLULU, HAWAII 96813
CABLE:: DUEPROCE:55
TElEX: 8742 GWAJR HR
TElEPHONE: 18081523-9833
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BURKE. ASHFORD. SAKAI. MCPHEETERS.
BORDNER 8 GlLARDY
December 13, 1982
-A I,..AW CORPORATION
Mr. Arthur Van't Hul
City Engineer
The City of Bozeman
411 E. Main Street
P.O. Bo x 64 0
Bozeman, Montana 59715
Re: Water line easement
Dear Mr. Van't Hul:
Enclosed please find the original and copies
of the water line easement you have requested over our
property. Pursuant to my telephone conversation with
you on December 10, 1982, we have made the following
changes in the document. You agreed that a 30-ft.
easement on relatively level terrain would be satis-
factory, although 40-ft. is needed on the steep
hillside. I have therefore modified paragraph 1 to
reflect this concept of easement width.
We have added a paragraph 5 on page 2 of the
easement document stating that grantors will be able to
use water from said water main.
The remaining modification was deletion of
paragraph 3 on page 3 in which grantors were requested
to warrant title to premises included in the easement.
Although I have no reason to believe there are any
clouds on the title, we have been away from Bozeman
for a number of years and have no knowledge as to
possible claims of adverse possession, etc. Since
the easement is being conveyed without the payment of
any consideration, we do not want to be in the position
of warranting title to an easement which is in fact a
gift.
/
/<<ICE, ASHFORD, SAKAI, MCPHEETERS,
BORDNER B GILARDY
Mr. Arthur Van't Hul
December 13, 1982
Page 2
Please let me know if you have any further
questions.
Very truly yours,
.
I
,
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EDMUND BURKE
I
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EB/lsi
Enclosures