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<br /> 15 <br /> f)f!? 11 Pc <br /> U ß ~ b <br /> ,~ <br /> EASEMENT AGREEMENT <br /> STATE OF TEXAS § <br /> § <br /> COUNTY OF BEXAR § <br /> This Agreement is made as of the date set forth in the <br /> signature page hereof, by and among BMC REAL ESTATE, INC., a <br /> Delaware corporation (hereinafter called "BMC"), successor-in- <br /> interest to RIVER RIDGE JOINT VENTURE, a Texas general partnership, <br /> CANDELARIO HERNANDEZ and CAMILA HERNANDEZ (hereinafter called <br /> "Hernandez"), DORSETT DITCHING COMPANY, INC., a Texas corporation <br /> (hereinafter called "Ditching"), TIM DORSETT (hereinafter called <br /> "Dorsett"), and the CITY OF SAN MARCOS (hereinafter called the <br /> "City"). <br /> Whereas, River Ridge Joint Venture, a Texas general <br /> partnership (hereinafter called "River Ridge") platted and <br /> developed the River Ridge Subdivision, which plat is recorded in <br /> Book 4, pages 212-218 of the Hays County Plat records; and <br /> Whereas, in connection with said plat, River Ridge dedicated <br /> Lot 4 of River Ridge Subdivision to the City for use as a park; and <br /> Whereas, Hernandez owns property immediately to the north of <br /> the River Ridge Subdivision which is more particularly described <br /> in Exhibit "C" which is attached hereto and incorporated for all <br /> purposes (hereinafter called the "Hernandez Property") and claims <br /> and has claimed a certain 9 vara easement across River Ridge <br /> Subdivision for access to their property; and <br /> Whereas, Ditching and Dorsett own certain property to the <br /> north of the Hernandez Property which is more particularly <br /> described in Exhibit "D" which is attached hereto and incorporated <br /> for all purposes (hereinafter called the "Ditching and Dorsett <br /> Property") and likewise claim an interest in the said 9 vara <br /> easement; and <br /> Whereas, River Ridge conveyed substantially all of the River <br /> Ridge Subdivision to BMC per the warranty deed dated March 29, <br /> 1990, recorded in the Real Property Records of Hays County, Texas; <br /> and <br /> Whereas, BMC has agreed to dedicate a certain public right- <br /> of-way and utility easement across Lot 2 of River Ridge Subdivision <br /> for access between Carlson Circle in River Ridge Subdivision and <br /> the southern boundary of the Hernandez Property, and for <br /> installation and maintenance of water, sewer and. other utilities <br /> therein, subject to the agreements hereinafter contained; and <br /> EASEMENT AGREEMENT Page 1 <br />