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M c N a m e e & M c N a m e e l e o a .m c n a m f .e A T T O R N E Y S A T L A W JOHN H. MCNAMEE e l p o r t a l b u i l d i n g L a s V e g a s , N e v a d a May 4th, 1953 P . O . B O X - 4 7 2 R H O N E : 1 8 8 8 Las Ve^gas Valley Water D istrict P . O. Box 1448 Las Vegas, Nevada Gentlemen: Accompanying M r. Hamilton’s letters of April 8th and 9th addressed to M r. Thomas A. Campbell, President, were "Comments and Recommendation upon Draft of Agreement dated March 16, 1953 for Sale of Union Pacific Water F acilities", among which was "Matters which should be examined by M r. McNamee". The purpose of this letter is to discuss those m atters. g The Stewart deed referred to in Section 1(a) of the proposed agreement is the deed from William J . Stewart, et al, to W. A. Clark, dated December 8, 1902, recorded in Book U of Real Estate Deeds, page 222, Lincoln County, Nevada, Records. By this deed the Stewarts conveyed to W. A. Clark all of the land embraced in the deal between the railroad companies and the water district, but it excepted therefrom , four acres in the form of a square, in the NE^SE^ of Section 27, "said 4 acres being the Stewart Burial P lo t". • • Said deed also conveyed all water and water rights arising on said land or flowing therefrom, "except 4 m iner's inches of water (California m easure­ment) or so much thereof as may be required by the parties of the first part to irrigate said Burial Plot from the Vegas Creek, and the water shall at no time be diverted from said Vegas Creek in such manner as to interfere with the rights herein reserved, unless provision be made by said party of the second part, his heirs or assigns, to carry to the tra ct of land so reserved the waters aforesaid for use aforesaid".