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man000174-017
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    On the other hand, the District would be required to finance construction from other funds of the District and could not finance the construction from any funds available in the trust fund. There would appear to be no reason why Union Pacific and the District should not stand in the same position with respect to the use and disposition of the trust fund. More­over, Union Pacific’s draft provided that they could take down "all amounts" in the trust fund, regardless of the fact that the amount in the trust fund might be in excess of the amount required to relocate the pipe lines. 9. Distribution Line Easements in the City of Las Vegas and Provisions for Indemnity. As heretofore indicated in this resume, the District will acquire all of the distribu­tion lines in the City of Las Vegas. Of the total lines in the City, Mr. Montgomery advises me that in excess of 41,000 feet of lines are laid upon private property and are not laid in streets or alleys. Although we have not checked the matter fully with Union Pacific, we would hazard the guess that they will not have easements covering all of said lines and that in those cases where they do have easements that they have obtained no policy of title insurance or a title report to establish that they have obtained the easements from the owners of record. Accordingly, there is the possi­bility that the District as the owner of these lines may be subject to lawsuits for damages for trespassing upon private property. Accordingly, we have drafted Section 24 wherein