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<br />148. <br /> <br />RESOLUTION 2001--6.3.-R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF <br />A DRAINAGE AND DETENTION EASEMENT AGREEMENT <br />BET\VEEN THE CITY OF SAN MARCOS AND LOWMAN RANCH, <br />LTD.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City recently intervened in a lawsuit, Lowman Ranch, Ltd v. Tanger Properties, L.P., <br />et aI., (Cause No. 2000- 0719, pending in the 207tb District Court in Hays County, Texas; the <br />"Lawsuit") involving a drainage easement (the "Easement") across property owned by Lowman that <br />serves the Tanger Outlet facilities on South IH-35 in the City. The City owns a one-half undivided <br />interest in the Easement. <br /> <br />2. A mediation of the lawsuit was conducted on January 23, 2001, and resulted in a <br />Mediation Agreement that was approved by the City Council on February 12, 2001. Under the <br />Agreement, Lowman Ranch, Ltd. is to convey a new easement to the City to replace earlier <br />documents granting rights in the Easement. <br /> <br />3. The City, Lowman Ranch, Ltd. and Tanger Properties Limited Partnership have agreed <br />to the terms of the Drainage and Detention Easement Agreement (the "Easement Agreement") <br />attached to this resolution. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The Easement Agreement is approved. <br /> <br />PART 2. The City .Manager, Larry D. Gilley, is authorized to execute the Easement <br />Agreement on behalf of the City. <br /> <br />PART 3. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br />ADOPTED on April 9, 2001. <br /> <br />/7~~~~ <br /> <br />David Chiu <br />Mayor <br /> <br />r:;J~ ~ Ad! I(!MwJv- <br />'Jus t ;::~?J \ <br /> <br />City Clerk <br />