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I«as Vegas - October 6, 1948 ¥ 2 >1-42 PERSONAL Dear Charlie: yesterday, a man named C. C. Flory called at the office and said we had a pipe line over hie lot, for which he was unable to find any easement of record, fie owns Lot 4 in Bloch 3* South Fifth Street Tract, which he had purchased from Hr. Sweeney of the Title Insurance Co., Sweeney having purchased same from Tom Campbell of the Frontier Improvement Co., the original subdividers. % referring to my file, I found that the easement was recorded December 16, 1947, is Book 53. Page 547 of Deeds, as shown In your letter January 6, 1948, to fir. White, file CA-1042?, and gave Flory this information, with a suggestion that he take the matter up with Mr. Sweeney. Sweeney subsequently phoned me that according to the recorded plat there was no •Block 3* in the South Fifth Street Tract, and he therefore had made no reference to any easement in issuing his policy of title insurance to Flory. Further Investigation develops that sometime between January 14, 1947, the date on which the attorneys for subdividers submitted application for water main extension, with map attached, and June 4, 1947, the date plat was recorded, the subdividers apparently eliminated the original Block 1 shown on our maps , relabeled Block 2 to read "Block 1*5 and changed Block 3 to read " H o c k 2*, without notifying the Water Co. of the change. In conversation with the engineer who prepared both plats, he advises this was done because of the subdividers inability to contact all the heirs of the Leigh Bunt estate, which owned the tract. I believe we can sue Campbell and make him produce a 5-ft easement along the northerly edge of this lot, now described as Lot 4 in Block 2, as CA-10427 provides, Article X, Paragraph 4 •To deliver to the Company upon execution of this agreement, an easement in form satisfactory to the Company, not less 'than 5 feet on each side of the center line of that portion of the pipe line constructed by the subdivider in other than dedicated streets and alleys••