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<br />63. <br /> <br />RESOLUTION 2000- 18 ~ <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF <br />A LETTER AGREEMENT BETWEEN THE CITY OF SAN MARCOS <br />AND TANGER PROPERTIES, L.P. REGARDING A LAWSUIT BY <br />LOWMAN RANCH, LTD.; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; <br />AUTHORIZING THE CITY TO INTERVENE IN THE LAWSUIT; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Lowman Ranch, Ltd. ("Lowman") recently filed a lawsuit (the "Lawsuit") in Hays County District <br />Court against Stanley K. Tanger and Tanger Properties, L.P. ("Tanger Properties"), alleging that a drainage <br />easement (the "Easement") across property owned by Lowman. can be used for drainage and detention of <br />surface water from Lot 1 of the Tanger Factory Outlet Subdivision, and that Tanger Properties cannot use the <br />Easement for the purpose of draining and detaining surface water from the remainder of the Tanger Factory <br />Outlet Subdivision. <br /> <br />2. The City and Tanger Properties jointly own the Easement by virtue of duly recorded instruments. <br />The City supports the position of Tanger Properties that the Easement allows for drainage and detention of <br />surface water from all of the Tanger Factory Outlet Subdivision. <br /> <br />3. Because the City's interest in the Easement may be affected by the Lawsuit, the City may be a <br />necessary party to the Lawsuit, and Tanger Properties has requested that the City intervene in the Lawsuit. <br />Since the City's need for participating in the Lawsuit was not planned or anticipated and has not been funded <br />in the City's budget, Tanger Properties has offered to facilitate the City's participation in the Lawsuit as <br />described in the attached letter agreement. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The attached letter agreement between the City of San Marcos and Tanger Properties related to the <br />Lawsuit is approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the agreement on behalf ofthe City. <br /> <br />PART 3. The City Attorney, Mark B. Taylor, is authorized to file an intervention in the Lawsuit on behalf of <br />the City. <br /> <br />PART 4. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br />ADOPTED on October 9, 2000. <br /> <br />/ .7~'C{~ ~ <br /> <br />David Chiu <br />Mayor <br /> <br />! ) <br />Attij,e.. t: ) J / / <br />II .. ..' j' / <br />/. !/!/' / . <br />Dj ll/)/Lf/.;I# I 2J IfFilit:;L.tl1/'// <br />hhis K. W omac~: tity Clerk <br />