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<br />F. <br />Parcel" . <br /> <br />San Marcos I and San Marcos II are herein collectively referred to as the "Tanger <br /> <br />G. San Marcos I was further subdivided into Lot lA and Lot lB by the Replat of Lot One <br />(1) TAJ.'\l"GER FACTORY OUTLET, a subdivision of Hays County, Texas according to the map or <br />plat thereof recorded in Volume 8, Page 105 -106 of the Plat Records of Hays County, Texas. <br /> <br />H. Lot 1 A of San Marcos I was subdivided into Lot 1 Ai\. and Lot 1 C by the Replat of <br />Lot lA TANGER FACTORY OUTLET, a subdivision of Hays County, Texas according to the map <br />or plat thereof recorded in Volume 8, Pages 341 - 342 of the Plat Records of Hays County, Texas. <br /> <br />1. San Marcos II was subdivided into Lot 2A, Lot 2B and Lot 2C by the Replat of Lot <br />2 TANGER FACTORY OUTLET, a subdivision of Hays County, Texas, according to the map or <br />plat thereof recorded in Volume 9, Page<209-210 of the Map Records of Hays County, Texas. <br /> <br />J. Lot Three (3), LotFour (4), Lot lB and Lot lC of San Marcos I and Lot 2B and Lot <br />2C of San Marcos II were subsequently conveyed by Tanger to others. Tanger is currently the fee <br />simple oVvner of Lot 1 AA of San Marcos I and Lot 2A of San Marcos Il. <br /> <br />K. Lomnan is currently the fee simple owner of the land more specifically described as <br />set forth on Exhibit "A" attached hereto and made a part hereof (the "Easement Area"), and of the <br />lands described on Exhibit "B" attached hereto and made a part hereof (the "Adjoining Lowman <br />Land"). The description in Exhibit "A" hereof differs from that in Exhibit "A" to the Original <br />Easement Agreement, the change being the correction of a typographical error. The Easement Area <br />as described in Exhibit "A" attached hereto is the area which is the subject of the easement and <br />rights granted in this Agreement. <br /> <br />1. A dispute arose between LOVvman and Tanger, which dispute is the subject of a <br />lawsuit styled Lowman Ranch, Ltd v. Stanley K. Tanger and Tanger Properties Limited Partnership, <br />Cause No. 2000-0719, pending in the 207th Judicial District Court of Hays County, Texas. San <br />Marcos has intervened in that suit as a defendant. All parties to the suit have reached a settlement <br />and compromise of their respective claims. Among the agreements of the parties, is their agreement <br />to cancel and terminate the Original Easement and the City Easement Agreement in their entirety and <br />replace the same with the easement hereinafter granted, and for San Marcos to grant permits <br />necessary to enable the oVvners of the respective portions of the Tanger Parcel to continue the use <br />of their properties. <br /> <br />J\f. It is contemplated that, pursuant hereto and contemporaneously herewith, San Marcos <br />shall issue Tanger a Permit (the "Tanger Parcel Permit") to discharge Water from the Tanger Parcel <br />into the Easement Area and the Easement Facilities (as such terms are herein defined) to the extent <br />required by the ordinances of San Marcos and other governmental authorities for Tanger, its <br />successors and assigns, to comply Vvith all requirements of San Marcos for the existing development <br />of the Tanger Parcel. Tanger agrees to comply Vvith all terms and conditions of the Tanger Parcel <br />Permit, and San Marcos agrees that it "vill not terminate the Tanger Parcel Permit as long as Tanger <br />is in compliance with San Marcos' requirements. <br /> <br />C: ,Corel\WPDOCS\RE.ALPROP'Lo.....man Easement -1-10-0 I.....-pd <br /> <br />2 <br />