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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 -- -- 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 , \ EDMUND BURKE I / EB/lsi Enclosures