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<br /> ~ .n ~,. A <br /> '~ ? U <br /> !J ~/ <br /> southern boundary of the Hernandez Property. Upon completion and <br /> acceptance of a public street on the easement contemplated in <br /> paragraph 2, Hernandez, Dorsett and Ditching or their heirs, <br /> successors and assigns shall utilize such public street, <br /> exclusively and such use shall not be subject to the Density <br /> Restrictions Condition. However, if the City should ever abandon <br /> the public street or the roadway easement or any part thereof, or <br /> if the City should preclude members of the public from traveling <br /> upon any part of the public street or roadway easement, Hernandez, <br /> Dorsett, Ditching or their heirs, successors and assigns shall <br /> again be privileged to cross over and upon the Private Easement <br /> wherever it deviates from the public street or the roadway easement <br /> provided the Density Restrictions Condition will be applicable. <br /> Nothing in this paragraph one, shall abrogate any City regulation <br /> or requirement to the development of the Hernandez Property or the <br /> Ditching and Dorsett Property. <br /> 2. BMC hereby grants to Hernandez, Dorsett, Ditching, and <br /> their heirs, successors and assigns the right to grant by separate <br /> instrument to the City an easement for right-of-way and utility <br /> purposes extending from Carlson Circle to the southern boundary of <br /> the Hernandez Property, said easement being more particularly <br /> described in Exhibit "A" hereto. The parties hereto acknowledge <br /> that the acceptance of dedication of the easement by the City shall <br /> be made at the time of and in connection with the development and <br /> platting of the Hernandez Property or the Ditching and Dorsett <br /> Property, whichever occurs first, and that the dedication shall be <br /> subject to review and approval by the City Planning Commission. <br /> 3. BMC shall not be obligated to incur any expenses at any <br /> time in connection with matters addressed in this Agreement, <br /> including but not limited to expen~e for surveying or construction <br /> of streets over the proposed easement areas. Neither Hernandez, <br /> Dorsett, Ditching nor their heirs, successors, and assigns shall <br /> be obligated to construct a street over the Private Easement, <br /> except in accordance with city of San Marcos Subdivision <br /> Regulations. <br /> 4. The City agrees to maintain that portion of Lot 4 of the <br /> River Ridge Subdivision described on Exhibit "B" hereto for public <br /> park and right-of-way purposes. The city acknowledges that <br /> Hernandez, Dorsett, Ditching and their heirs, successors and <br /> assigns plan to use that portion of Lot 4 of the River Ridge <br /> Subdivision described on Exhibit "B" for access from their <br /> respective real property to Carlson Circle. They may also seek to <br /> construct a road, subject to City Planning commission approval, on <br /> that portion of Lot 4 of River Ridge Subdivision described on <br /> Exhibit "B". <br /> EASEMENT AGREEMENT Page 3 <br />