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2.1.Amendment: <br /> As to the"Property Line"Berm"between the North and South tree (in the area of <br /> your encroachment).As I can find no evidence that a berm ever existed in this <br /> location prior to your encroachment, I will concede and not require its <br /> replacement. <br /> 2.2.Clarification: <br /> Let me be very clear, Mr. Lesourd.Your encroachment, and subsequent <br /> alterations were made without the consent of the previous owner nor myself. <br /> Upon your retreat you made no effort to restore the alterations, nor acknowledge <br /> they took place.The onus to rectify the issue of your encroachment and <br /> subsequent alterations is yours, and it must be done to my satisfaction. <br /> I leave the decision totally up to you on whether you wish to proceed with the <br /> restoration of my property in the area of your encroachment. If you do wish to <br /> proceed,you must fulfill the requirements laid out below. <br /> If you choose not to proceed, I will make No attempt at restoring this area,And <br /> the terrain will remain"As-Is", as will the migration of water at this point on the <br /> property line, as this issue was cause by you. It would then remain so until such <br /> time that I should decide otherwise, and at which point I will do with this area as <br /> see fit,within my rights as a property owner. <br /> I will accept no unauthorized alteration or obstruction to the natural flow of <br /> water as it is between your and my property at this point or any other point along <br /> our shared property line at any time. <br /> 2.3.The requirements should you wish to proceed restoration are as follows: <br /> I will allow you to plan the restoration of the area of encroachment. I would also <br /> accept a planned alternative point at which the water would flow across the <br /> property line.As long as it is practical, and within the area of your encroachment, <br /> to best suit your and my needs. As long as this alteration doesn't impede the <br /> migration of water from my property to yours or cause additional flooding of my <br /> property.This is in your best interest, as you know where you could best accept <br /> the flow.The crossing whether altered or left as is, must be sufficient to maintain <br /> the volume of water seen during the flooding conditions which we have <br /> witnessed since your encroachment, and you have mentioned to me in your <br /> complaints. <br /> You are to present your plan for the restoration, including where and how you <br /> would like the crossing point for water migration to occur. For my review and <br /> approval. <br /> Pel of 6 <br />