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Res 1991-069
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Res 1991-069
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Last modified
7/17/2007 1:51:46 PM
Creation date
7/17/2007 1:51:46 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1991-69
Date
5/28/1991
Volume Book
103
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<br />(') ¡¡ !T1! n <br />' "L <br />, ! t"i. '{ f, <br />v ~'- ' ". <br /> <br /> <br /> <br /> <br /> <br /> <br />b. Execution and delivery to Hernandez, Dorsett, <br />Ditching or their heirs, successors, and assigns of an <br />instrument, in recordable form, whereby the Prior Lienholder <br />expressly subordinates its lien on the servient Property to <br />the Easements, or expressly joins in the grants of said <br />Easements; or <br /> <br />c. Ratification, by a writing in recordable form, of <br />the Easements, executed by the purchaser of the Servient <br />Property, at foreclosure, if any, or by any successor in title <br />of such purchaser at foreclosure. <br /> <br />7. Hernandez, Dorsett and Ditching each agree that they will <br />indemnify and hold harmless BMC and its successors from and against <br />all liability for injury or damage arising out of or alleged to <br />have arisen out of the use, maintenance, or lack of maintenance of <br />the Private Easement or the temporary access easement described in <br />paragraphs 1 and 5 hereof or in connection with their use (whether <br />authorized or not) of the property of BMC adjoining those <br />easements. <br /> <br />8. This agreement, the easements herein granted, and the <br />obligations herein assumed are appurtenant to the land benefitted <br />and burdened thereby, and shall run with the land of each party <br />hereto which is either benefitted or burdened by the easements and <br />agreements herein contained. <br /> <br />9. This agreement, and the easements herein granted may be <br />amended, modified, or terminated only by written agreement signed <br />by all persons having an interest therein, whether as a party <br />hereto or as a successor in ti11le to property benefitted or <br />burdened by this Agreement; provided, however, any covenant herein <br />or easement granted herein may be amended by written agreement <br />signed by only those of such persons who are benefitted or burdened <br />by the amendment. <br /> <br />EXECUTED this the ) '3 day of /Ý)/J¡2¿jJ , 199Ø'. <br /> <br />BMC REAL ESTATE INC. <br /> <br /> <br /> <br /> <br />By: <br />Its: <br /> <br /> <br /> <br /> <br />EASEMENT AGREEMENT Page 5 <br />
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