Fill and Sign the Day Notice of Non Renewal of Lease Form

1 CONSENT TO ENCROACHMENT (INTO EASEMENT) THE STATE OF )) SS COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: Whereas, , hereinafter called "Easement Owner", is the Owner of an easement ("Easement") recorded in County, affecting the following described property ("Property"): __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Whereas, , hereinafter called "Property Owner", are the owners of the Property, subject to Easement Owner's Easement; Whereas, there is an encroachment by Property Owner's house into said Easement, as illustrated on survey prepared by dated, attached hereto as Exhibit "A" and made a part hereof ("Encroachment"): ______________________________________________________________________________________________________________________________________________________________________________________________________________________________ Whereas, Easement Owner, is aware of said Encroachment and consents thereto and represents that Easement Owner, will not require the removal of the house and attached improvements to be removed from the Easement; NOW, THEREFORE, Easement Owner, for and in consideration of the premises, to it in hand paid by Property Owner, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby agree
To remove (or cause to be removed) said house and attached improvements, from the said easement: in such manner, not to injure, oppress, or prejudice said house and attached improvements, or any person therein, or the property thereof; and to return (or cause to be returned) such house and attached improvements, and all and singular the property and interest in such house and attached improvements, to property owner on, from, or under the same date, and at or about the same time thereafter, or at such other time thereafter, as if said house and attached improvements had been purchased at the time of said easement registration. “easse" and "easement" (as used in this act) mean the land or easement mentioned in the recording of easement notice and deed recorded in county, and in which no improvements were established after the creation of a right-of-way for highway and public use for at least one-thousand (1,000)feet. The term “easse" or "easement" includes property lying in the same line or right of way, and, on the same street, or in close proximity thereto. (3) no person will be authorized to encroach upon, or destroy adjoining property without the consent of the owner, if the said encroachment is or will be permanent. (4) a person who does any of the aforementioned acts under circumstances which cause a nuisance will be liable, for every offense, for such sum as the court, after hearing, may determine to be adequate compensation for the actual damages sustained. (5) in any case where the defendant, by reason of such act or omission, negligently or deliberately fails to remove the house and attached improvements within one (1) year from the time of such encroachment, he or they will be deemed guilty of a misdemeanor; and, if the person, in that time, does not remove the house and attached improvements, in any reasonable manner which he deems within his power, a report of the same will be sent to the sheriff, and an order to remove said house and attached improvements will be made by the sheriff. (6) nothing contained in this act shall be deemed to affect the ownership of land or easements in any area outside the boundaries and bounds specified in the notice of intent to make an application at any stage. (7) the fact that no public road exists upon or traverses the said district, shall not by way of limitation