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<br />22 <br /> <br /> <br />EASEMENT AGREEMENT <br /> <br /> <br />STATE OF TEXAS * <br />COUNTY OF HAYS * <br /> <br />This Agreement is made as of the date set forth in the signature <br />page hereof, by and among BMC REAL ESTATE, INC. (hereinafter called <br />BMC), successor-in-interest to RIVER RIDGE JOINT VENTURE, CADELARIO <br />HERNANDEZ and CAMILA HERNANDEZ (hereinafter called Hernandez), DORSETT <br />DITCHING COMPANY, INC. (hereinafter called Ditching), TIM DORSETT <br />(hereinafter called Dorsett), and the CITY OF SAN MARCOS (hereinafter <br />called the City). <br />WHEREAS, River Ridge Joint Venture platted and developed the River <br />Ridge Subdivision, which plat is recorded in Book 4, pages 212-218 of <br />the Hays County Plat records; and <br />WHEREAS, in connection with said plat, River Ridge dedicated Lot 4 <br />of River Ridge Subdivision to the City for use as a park; and <br />WHEREAS, Hernandez owns property immediately to the north of the <br />River Ridge Subdivision (which is more particularly described in <br />Attachment I hereto) and claims and has claimed a certain 9 vara <br />easement across River Ridge Subdivision for access to his property; and <br />WHEREAS, Ditching and Dorsett own certain property to the north of <br />the Hernandez property and likewise claim an interest in the said 9 <br />vara easement; and <br />WHEREAS, BMC has agreed to dedicate a certain road easement across <br />Lpt 2 of River Ridge subdivision for access between Carlson Circle in <br />River Ridge Subdivision and the southern boundary of Hernandez' <br />property, and for installation and maintenance of water, sewer and <br />other utilities therein, subject to the agreements hereinafter <br />contained; and <br />WHEREAS, the parties wish to enter into an agreement whereby <br />ßernandez and Ditching and Dorsett shall have access to and from their <br />respective properties, Hernandez I access being across the easements <br />hereinafter granted and Dorsett I s access being across the easement <br />hereinafter granted and across certain routes presently existing over <br />and across Hernandez' property. <br />NOW THEREFORE, in consideration of the premises and of the <br />covenants hereinafter contained, the parties agree as follows: <br />