Res 1991-069 - Laserfiche WebLink

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0 ,'iA Q l; ' f' ".. 5. BMC grants to Hernandez, Ditching, Dorsett, and their heirs, successors and assigns, a temporary access easement over and across Lot 2 of River Ridge Subdivision, which temporary access easement shall be 25' in width and adjacent to the westerly boundary of the Private Easement. Such temporary easement shall be used only at such times as there shall exist on the Pr i va te Easement any construction of improvements (including paving and utility lines) which renders the Private Easement impassable by automobile traffic and then only to the extent reasonably required to detour past construction activity or obstacles in the Private Easement. BMC shall not be obligated to improve the temporary easement. 6. This Agreement is entered into without the written joinder or consent of persons or entities who, prior to recordation of this Agreement, own or hold liens on the River Ridge Subdivision property (hereinafter called the "Servient Property") subjected to the easements described in Paragraphs 1 and 5 hereof (said easements being herein collectively called the "Easements" and such persons or entities being herein called the "Prior Lienholder"). The Easements herein described are granted in substitution for Dorsett's, Ditching's and Hernandez' claimed right of access between Interstate 35 and the Hernandez Property over and across a certain "9 vara easement" (herein so-called) shown on the plat of the River Ridge Subdivision. Dorsett, Ditching and Hernandez and their heirs, successors and assigns shall not assert any right to utilize the said 9 vara easement for access to their respective real property from Interstate 35 unless and until the Prior Lienholder shall foreclose its lien on the Servient Property and the purchaser or the purchaser's successors and assigns at such foreclosure sale shall attempt to deny Dorsett, Ditching, Hernandez or their heirs, successors and as~igns access to their property over the Easements on the theory that their rights under this Agreement were subordinate to the foreclosed lien and were cut off by such foreclosure. In the event of foreclosure and attempted denial of access over the Easements by the foreclosure purchaser or the purchaser's successors and assigns, Dorsett, Ditching, Hernandez and their heirs, successors, and assigns shall be privileged to allege and prove whatever rights they presently have to the 9 vara easement, and nonuse of the same pursuant to this Agreement shall not be a defense to such claims. Dorsett's, Ditching's, Hernandez' and their heirs', successors' and assigns' claims to the 9 vara easement shall be deemed to have been fully and finally released without further action on their part, upon occurrence of any of the following events: a. Release or termination of all liens (other than through foreclosure of the same) on the Servient Property which predate the recording date of this instrument; or EASEMENT AGREEMENT Page 4