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Mr. George Westhoff <br />April 18, 1985 <br />page 2 <br />to discuss other ideas or means to accomplish the same result. <br />One way or another, though, something must be done to provide <br />a proper remedy to the present problems. <br />By now you may well be asking yourself why should you do <br />these two things. The Longacres' answer is that what they have <br />requested should create no real burden or hardship, and further, <br />.ghat recognizing their requests is completely consistent with _ __ <br />the original contract of sale and the deed when the property <br />was sold by qou to them. Not to honor the requeata perpetuates <br />a situation that is inconsistent with the express and implied <br />provisions of the purchase and sale. <br />t <br />~ 4 Should Longacres be forced to resort to a fencing out of <br />the easement and to install boundary fence between your <br />ieapective lands, the expense to build it will be borne by <br />both of you. As you know, such a fence was never anticipated <br />at the time of the sale of the land and should not be built <br />unless there ie no other way. Furthermore, the dividing and <br />fencing of the N~N~ from the S~,N$ would, at this time, have a <br />substantial impact upon your own interests. That is because <br />Walter's satisfied that your earth stripping operation ae <br />Morgan Sand and Gravel has encroached upon eight or so acres <br />of the Longacres' deeded land in the N~N~ of Section 34, where <br />your operations have removed sand and gravel from their land, <br />And, there is now a large quantity of material stockpiled on <br />Longacre land north of the boundary between the N~N~ and the <br />_ __ _....S~N~ of Section 34. <br />As previously indicated, Walter Longacre would prefer to <br />"work together with you" and doesn't care to be a burden or <br />a "thorn in your side". Therefore, he proposes that if the <br />requeata earlier made in this letter are granted and the <br />problems corrected, he will forbear from fencing his land on <br />the survey boundaries, which would, of course, fence the stock- <br />pile of sand on his land. He will refrain from filing a Legal <br />action to recover the fair value of the material taken from <br />his land by the trespassing quarrying operations. He would <br />then allow a term of three years in which to remove the stock- <br />piled material from the NON} of Section 34. <br /> <br />