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<br />149.
<br />
<br />DRi\INAGE Al'fD DETENTION EASEMENT AGREEMENT
<br />
<br />THE STATE OF TEX.A.S S
<br />S
<br />C01JNTY OF HAYS S
<br />
<br />This DR..A.INAGE AND DETENTION EASEMENT AGREEMENT (this "Agreement")
<br />dated as of April 4, 2001, by and benveen LOWMA1"l" RANCH, LTD., a Texas limited partnership
<br />("Lowman"), "vhose address is 3603 Hunter Road, San Marcos, Texas 78666 and CITY OF SAN
<br />MARCOS, a municipal corporation ("San Marcos"), whose mailing address is 630 East Hopkins,
<br />San Marcos, Texas 78666.
<br />
<br />Article 1.
<br />
<br />Background
<br />
<br />A. Lowman executed and on September 23, 1992, acknowledged an Easement to Stanley
<br />K. Tanger ("SKT') recorded in Volume 960, Page 14, of the Real Property Records of Hays County,
<br />Texas (the" Original EasementAgreement"), pursuant to which it granted a non-exclusive easement
<br />for drainage and detention purposes (the "Original Easement") over an easement area described on
<br />Exhibit "A" attached to the Original Easement Agreement.
<br />
<br />B. SKT granted to San Marcos a one-half undivided intereST in and to the Original
<br />Easement (the "City Interest"), as set forth in that certain Easement dated November 9, 1992,
<br />recorded in Volume 960, Page 21, of the Real Property Records of Hays County, Texas (the "City
<br />Easement Agreement").
<br />
<br />C. By Warranty Deed \\ith Vendor's Lien dated December 2, 1992 and recorded in
<br />Volume 961, Page 834, of the Real Property Records of Hays County, Texas, LO\vman conveyed to
<br />SKT all of Lots One (1), Three (3) and Four (4) of TANGER FACTORY OUTLET, a subdivision
<br />of 55. 00 acres out of the Edward Burleson Survey No 18, A-63, Hays County, Texas, according to
<br />the map or platthereofrecorded in Volume 5, Pages 383 - 385, of the Plat Records of Hays County,
<br />Texas (said property being collectively referred to as "San 1l1arcos 1').
<br />
<br />D. Tanger Properties Limited Partnership (" Tanger") is SKTs successor in interest to
<br />San Marcos I and SKI's retained interest in and to the Original Easement, pursuant to that certain
<br />Special Warranty Deed dated June 4,1993 and recorded in Volume 996, Page 323, of the Real
<br />Property Records of Hays County, Texas.
<br />
<br />E. By Warranty Deed dated December 20, 1993 and recorded in Volume 1039, Page
<br />698, of the Real Property Records of Hays County, Texas, Lowman conveyed to Tanger all of Lot
<br />No. Two (2) of TANGER FACTORY OUTLET, a subdivision of Hays County, Texas, according
<br />to the map or plat thereofrecorded in Volume 5, Page 383, of the Real Property Records of Hays
<br />County, Texas (said properLY being referred to as "San 1l1arcos 1F').
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