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<br />218. <br /> <br />RESOLUTION 2001- 81 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, APPROVING THE TERMS AND CONDITIONS OF A REVISED <br />MEDIATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS, <br />TANGER PROPERTIES, L.P. AND LOWMAN RANCH, LTD.; AUTHORIZING <br />THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE <br />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 aI., (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 a <br />mediation agreement that was approved by the City Council by resolution on February 12, 2001. The <br />parties have agreed to make minor revisions to the mediation agreement, and City Council approval <br />is needed for these revisions. <br /> <br />3. Council approval is also needed for a roadway dedication agreement covering an area of <br />property along the southern boundary of the new Tanger development, at the rear of the Cavender <br />store. As part of the settlement, this area is dedicated to the City for a future roadway that Lowman <br />or others will construct to provide access to the Lowman Tract from IH-35. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached Mediation Agreement and Dedication are approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the Mediation <br />Agreement and the Dedication on behalf ofthe City. <br /> <br />PART 3. This Resolution is in full force and efrect immediately from and after its adoption. <br /> <br />ADOPTEDon May 14, 2001. <br /> <br />~ <br />~ ~ f} <br />I" (Ui t-{ $vL <br />David Chiu <br />Mayor <br /> <br />Attest: . i <br /> <br />/\, ~' /,.... ~ Jz/ <br />r,........~ .l~ .' " , / 'i 1 . . r.I1 <br />,,//-/ lv11)i11! J . / l\ OWIM <br />II <br />Jahis K. Womac <br />City Clerk <br />