Res 1991-069 - Laserfiche WebLink

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û /j rr tJ ' Whereas, the parties wish to enter into an agreement whereby Hernandez and Ditching and Dorsett shall have access to and from their respective properties, Hernandez' access being across the easements hereinafter granted and Dorsett's access being across the easement hereinafter granted and across certain routes presently existing over and across the Hernandez Property. Now Therefore, in consideration of the premises and of the covenants hereinafter contained, the parties agree as follows: 1. BMC hereby grants to Candelario M. Hernandez and wife, camila C. Hernandez for the benefit of the Hernandez Property, and to Dorsett Ditching Company, Inc., a Texas corporation and Tim Dorsett for the benefit of the Ditching and Dorsett Property a nonexclusive easement (hereinafter referred to as the Private Easement) in perpetuity over and across the portion of Lot 2 of River Ridge Subdivision described in Exhibit "A" hereto. The Hernandez and Ditching and Dorsett properties, on an individual basis, shall be entitled to the benefit of the Private Easement only so long as such property is not developed to a density greater than one (1) residence for everyone and one-half (1-1/2) acres of land if residential use or 1,000 square feet of improvement per acre if commercial or industrial use (hereinafter referred to as "Density Restrictions Condition". If Ditching or Dorsett breach the Density Restrictions Condition then such breach by Ditching or Dorsett shall not cause Hernandez to lose the right to use such Private Easement and the reverse is true, in that, if Hernandez breaches the easement condition then such breach shall not cause Ditching or Dorsett to lose the right to use such Private Easement. The Density Restrictions Condition shall abate and become ineffective on the date that Lot, 2 of River Ridge Subdivision described in Exhibit "A" is accepted by the City but if Lot 2 of River Ridge Subdivision described in Exhibit "A" is accepted by the City but later the City abandons Lot 2 then the Density Restrictions Condition shall become effective. Hernandez, Dorsett, Ditching or their heirs, successors and assigns shall have the right to utilize such existing paving or gravel surfacing as presently exists over and across the Private Easement and may, but are not obligated to, deposit gravel on the Private Easement to facilitate all-weather travel across the same or construct a road subject to the approval of the City Planning Commission. B~C shall have no obligation to improve or maintain any part of the Private Easement. It is agreed that, until a public street meeting City specifications is completed by Hernandez and/or Dorsett and/or Ditching or their heirs, successors and assigns and is accepted by the City on the road easement described in paragraph 2, Hernandez, Dorsett, Ditching and their heirs, successors and assigns shall utilize the Private Easement for access from Carlson Circle to the EASEMENT AGREEMENT Page 2