Res 2001-081 - Laserfiche WebLink

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F. Pared'. San Marcos I and San Marcos n are herein collectively referred to as the "Tanger G. San Marcos I was further subdivided into Lot 1 A and Lot IB by the Replat of Lot One (1) T ANGER FACTORY OUTLET, a subdivision of Hays County, Texas according to the map or plat thereof recorded in Volume 8, Page 105 -106 of the Plat Records of Hays County, Texas. H. Lot 1A of San Marcos I was subdivided into Lot 1AA and Lot lC by the Rep1at of Lot lA T ~'\lGER FACTORY OUTLET, a subdivision of Hays County, Texas according to the map or plat thereof recorded in Volume 8, Pages 341 - 342 of the Plat Records of Hays County, Texas. I. San Marcos II was subdivided into Lot 2A, Lot 2B and Lot 2C by the Replat of Lot 2 T A.~GER FACTORY OUTLET, a subdivision of Hays County, Texas, according to the map or plat thereof recorded in Volume 9, Page 209-210 of the Map Records of Hays County, Texas. J. Lot Three (3), Lot Four (4), Lot 1 B and Lot 1 C of San Marcos I and Lot 2B and Lot 2C of San Marcos II were subsequently conveyed by Tanger to others. Tanger is currently the fee simple O'NIler of Lot 1 AA of San Marcos I and Lot 2A of San Marcos II. K. Lowman is currently the fee simple owner of the land more specifically described as set forth on Exhibit" A " attached hereto and made a part hereof (the "Easement Area"), and of the lands described on Exhibit "B" attached hereto and made a part hereof (the" Adjoining Lowman Land"). The description in Exhibit" A" hereof differs from that in Exhibit "A" to the Original Easement Agreement, the change being the correction of a typographical error. The Easement Area as described in Exhibit" A" attached hereto is the area which is the subject of the easement and rights granted in this Agreement. L. A dispute arose between Lowman and Tanger, which dispute is the subject of a lawsuit styled Lowman Ranch, Ltd v. Stanley K Tanger and Tanger Properties Limited Partnership, Cause No. 2000-0719, pending in the 207tb Judicial District Court of Hays County, Texas. San Marcos has intervened in that suit as a defendant. All parties to the suit have reached a settlement and compromise of their respective claims. Among the agreements of the parties, is their agreement to cancel and terminate the Original Easement and the City Easement Agreement in their entirety and replace the same with the easement hereinafter granted, and for San Marcos to grant permits necessary to enable the owners of the respective portions of the Tanger Parcel to continue the use of their properties. M. It is contemplated that, pursuant hereto and contemporaneously herewith, San Marcos shall issue Tanger a Permit (the "Tanger Parcel Permit') to discharge Water from the Tanger Partel into the Easement Area and the Easement Facilities (as such terms are herein defined) to the extent required by the ordinances of San Marcos and other governmental authorities for Tanger, its successors and assigns, to comply with all requirements of San Marcos for the existing development of the Tanger Parcel. Tanger agrees to comply with all terms and conditions of the Tanger Parcel Permit, and San Marcos agrees that it will not terminate the Tanger Parcel Permit as long as Tanger is in compliance with the Tanger Parcel Permit. H:\TanrctLoWl'nB Easemtat4-I()..Q\.wpd 2