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<br />38. <br /> <br />RESOLUTION 2001-31 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE TERMS AND <br />CONDITIONS OF A MEDIATION AGREEMENT BETWEEN THE <br />CITY OF SAN MARCOS, TANGER PROPERTIES, L.P. AND <br />LOWMAN RANCH, LTD.; AUTHORIZING THE CITY <br />MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF <br />THE CITY; AND DECLARING AN 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 al., (Cause No. 2000- 0719, pending in the 207th 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 the <br />attached Mediation Agreement (the "Agreement"). On the basis of the Agreement, the parties have <br />agreed to dismiss the Lawsuit. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The Agreement is approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the Agreement on behalf of <br />the City. <br /> <br />PART 3. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br />ADOPTED on February 12, 2001. <br /> <br />16~~. <br /> <br />Mayor <br /> <br />Attest~ '. J <br /> <br />~." '..' ~ ~~1 . <br />j . , . /, / <br />j/il/l.AA-1J. I ~/ f, I W...({41/j~ <br />J~ K. Womack <br />City Clerk <br />