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<br /> 1. BMC hereby agrees to grant by separate instrument to the City <br /> an easement for right-of-way and utility purposes extending from <br /> Carlson Circle to the southern boundary of Hernandez' property, said <br /> easement being more particularly described in Exhibit A hereto. The <br /> parties hereto acknowledge that this dedication shall be made at the <br /> time of and in connection with the development and platting of the <br /> Hernandez or Dorsett property, whichever occurs first, and that the <br /> dedication shall be subject to review and approval by the City Planning <br /> Commission. <br /> 2. BMC hereby grants to Candelario M. Hernandez and wife, Camila <br /> C. Hernandez, and to Dorsett Ditching Company, Inc. and Tim Dorsett a <br /> nonexclusive easement (hereinafter referred to as the Private Easement) <br /> in perpetuity over and across the portion of Lot 2 of River Ridge <br /> Subdivision described in Exhibit A hereto. It is agreed that, until a <br /> public street meeting City specifications is completed by Hernandez <br /> and/or Dorsett and/or Ditching and accepted by the City on the road <br /> easement described in paragraph 1, Hernandez, Dorsett, and Ditching <br /> shall utilize the Private Easement for access from Carlson Circle to <br /> the southern boundary of Hernandez' property. Upon completion and <br /> acceptance of a public street on the easement described in paragraph 1, <br /> Hernandez, Dorsett and Ditching shall utilize such public street, <br /> exclusively. However, if the City should ever abandon the public <br /> street or the roadway easement or any part thereof, or if the City <br /> should preclude members of the public from traveling upon any part of <br /> the public street or roadway easement, Hernandez, Dorsett and Ditching <br /> shall again be privileged to cross over and upon the Private Easement <br /> wherever it deviates from the public street or the roadway easement. <br /> 3. BMC shall not be obligated to incur any expense at any time in <br /> connection with matters addressed in this Agreement, including but not <br /> limited to expense for surveying or construction of streets over the <br /> ?roposed easement areas. Neither Hernandez nor Dorsett (or Ditching) <br /> shall be obligated to construct a street over the proposed easement <br /> areas, except in accordance with City of San Marcos Subdivision <br /> Regulations. <br /> -2- <br />