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HomeMy WebLinkAboutResolution - 2004-R0595 - Agreement To Complete New Water Well - Mccanton Woods, LTD. - 12_16_2004Resolution No. 2004—R0595 December 16, 2004 Item No. 37 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and McCanton Woods, LTD, to drill and complete a new water well in Pioneer Park in exchange for the City conveying to it the Original Well and Original Well Lands, and any associated documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: 16th Ak'�q� n�22�0=— Reb cca Garza, City Secretary APPROVED AS TO CONTENT: i Tep6 Ellerbr&k Director of Public Works Community Services Director APPROVED AS TO FORM: ""-� �- C'— — Richard Casner First Assistant City Attorney day of December ,2004. TOM MARTIN, MAYOR PRO TEM McCantonWoodsAgreement. Res Resolution No. 2004-RO595 December 16, 2004 Item No. 37 AGREEMENT This Agreement is by and between the City of Lubbock, Texas, a Texas home - rule municipal corporation (the "City") and McCanton Woods, LTD ("Developer"), and is dated as of December 16, 2004. WHEREAS, the City owns certain real property located in the City of Lubbock, wherein a potable drinking water well (the "Original Well") is located, said real property being described on Exhibit "A", attached hereto (the "Original Well Lands"); WHEREAS, the Developer has acquired the real property surrounding all of the Original Well Lands, and desires that such property be conveyed to it; WHEREAS, the City desires that a new municipal water well as specified by the City be drilled and completed in an area known as Pioneer Park as a replacement to the Original Well; WHEREAS, Developer is amenable to drilling and completing the water well in Pioneer Park in exchange for the City conveying to it the Original Well and Original Well Lands and the City is amenable to conveying the Original Well Lands to Developer in exchange for Developer drilling and producing the new water well in Pioneer Park, upon the terms and provisions set forth below. NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to convey, by Deed Without Warranty in the form attached hereto as Exhibit `B", the Original Well Lands. Such conveyance in the form of the Deed Without Warranty attached as Exhibit "B" is hereby approved by Council and the Mayor Pro Tem is hereby authorized, upon the terms McCanton Woods, LTD Agreement Page I of I8 provided for herein, to execute and deliver said Deed Without Warranty on behalf of the City. 2. Developer shall plug and abandon the Original Well on or before sixty (60) days after the execution of this Agreement by the City in accordance with all applicable rules, regulations and statutes, including without limitation, those rules and regulations of the High Plains Underground Water Conservation District No. 1. Developer shall furnish to the City of Lubbock true and correct photocopies of any and all permits and orders acquired by Developer in connection with or related to the plugging and abandoning of the Original Well. 3. Developer shall, on or before one hundred eighty (180) days after the execution of this Agreement by the City, drill and complete, in accordance with the City specifications attached hereto as Exhibit "C", a water well located in Pioneer Park, bounded by 6Ih Street, 8Ih Street, Avenue T and Avenue U. The location of the well to be drilled and completed by Developer shall be at a location as directed to Developer by City. Developer shall provide to the City all well logs, bore samples and any other materials or documents related to the drilling and/or completing of such well. At the conclusion of the drilling and completing of the well, Developer's stipulates and agrees it shall own no interest or rights whatsoever in the well drilled by it, nor shall Developer have any liability for the use of the well by the City or others so long as Developer has satisfied those covenants contained in this Agreement. McCanton Woods, LTD Agreement Page 2 of 18 4. At the conclusion of the drilling and completing activities by Developer at Pioneer Park, Developer shall, as much as is reasonably possible, return the lands affected by such activities to their original condition and shall vacate the premises in a neat and orderly fashion all as more fully specified herein. 5. The City and/or Developer shall be in default under this Agreement in the event either shall fail to comply with any provision hereof. Upon default, the non -defaulting party may exercise any and all rights and remedies available to it by law, contract, equity or otherwise. 6. DEVELOPER SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, AS A RESULT OF, ARISING FROM, OR RELATED TO DEVLOPER'S USE OR OCCUPATION OF PIONEER PARK OR OTHER CITY OWNED LANDS, AND/OR ANY MATTER RELATED TO DEVELOPER'S OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT. Developer, and its subcontractors, shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this McCanton Woods, LTD Agreement Page 3 of 18 Agreement, including but without limitation, the indemnity obligations set forth herein. Developer, and its subcontractors, shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and automobile liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $500,000 Per Occurrence Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence The City shall be listed as additional insured and shall be granted a waiver of subrogation under the policies. Developer will provide a Certificate of Insurance to the City as evidence of coverage. The Certificate will provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the certificate. Developer shall cause its contractor(s) retained for the well drilling and completing activities contemplated under this Agreement (the "Contractor'), to elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Developer shall cause its Contractor to maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to McCanton Woods, LTD Agreement Page 4 of 18 ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by Contractor, or any cancellation or nonrenewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Agreement. The City shall be granted a waiver of subrogation under this policy. If at any time during the life of the Agreement or any extension, Developer, and its subcontractors, fails to maintain the required insurance in full force and effect, all work under the Agreement shall be discontinued immediately. 7. This Agreement shall expire upon the acceptance by the City of the water well to be drilled and completed by Developer pursuant to Paragraph 3, above. McCanton Woods, LTD Agreement Page 5 of 18 CITY OF LUBBOCK TOM MARTIN, MAYOR PRO TEM AP P VED AS TO CONTENT: ATTEST: Terry Ellerb ook Rebe ca Garza, City Secreta Director of Public Works y Randy Truesdell 1 Community Services Director APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney McCANTON WOODS, LTD By: -M" ' ralPartner Name: Title: Manager as/CityAtt/Richard/McCantonAgreementRdLnAcptd November 22, 2004 McCanton Woods, LTD Agreement Page 6 of 18 Resolution No. 2004-R0595' Exhibit "A" BEGINNING at the Southeast corner of Lot 10, Block 108, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of said Lot 10 a distance of 20.00 feet to a point; THENCE North a distance of 20.00 feet to a point; THENCE East a distance of 20.00 feet to a point in the East line of said Lot 10; THENCE South along the East line of said Lot 10 a distance of 20.00 feet to the POINT OF BEGINNING. McCanton Woods, LTD Agreement Page 7 of 18 Resolution No. 2004-RO595 Exhibit `B" DEED WITHOUT WARRANTY DATE: December , 2004 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS P.O. Box 2000 Lubbock, TX 79457 GRANTEE: McCanton Woods, LTD GRANTEE'S MAILING ADDRESS CONSIDERATION: Ten and No/100 Dollars and other good and valuable consideration. PROPERTY (INCLUDING ANY IMPROVEMENTS): BEGINNING at the Southeast corner of Lot 10, Block 108, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of said Lot 10 a distance of 20.00 feet to a point; THENCE North a distance of 20.00 feet to a point; THENCE East a distance of 20.00 feet to a point in the East line of said Lot 10; THENCE South along the East line of said Lot 10 a distance of 20.00 feet to the POINT OF BEGINNING. REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of title of the Property, the condition, including the McCanton Woods, LTD Agreement Page 8 of 18 environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property. FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Deed Without Warranty, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, or any of its officers, employees, elected officials, independent contractors and/or agents, if any, and/or any other person or party. Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, McCanton Woods, LTD Agreement Page 9 of 18 employees, elected officials, independent contractors and/or agents, and any such reliance shall he at Grantee's sole risk. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", -AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property it is receiving pursuant to this Deed Without Warranty. Grantor, for the consideration set forth above grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all warranties that might arise by common law and the warranties created by Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are expressly excluded. McCanton Woods, LTD Agreement Page 10 of 18 EXECUTED THIS DAY OF DECEMBER, 2004. GRANTOR: CITY OF LUBBOCK TOM MARTIN, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney McCanton Woods, LTD Agreement Page I 1 of 18 State of Texas § County of Lubbock § This instrument was acknowledged before me on this day of December, 2004 by Tom Martin as Mayor Pro Tem of the City of Lubbock. Notary Public, State of Texas My commission expires: GRANTEE: By: _ Name: Title: McCanton Woods, LTD Agreement Page 12 of 18 Resolution No. 2004-R05! Exhibit "C" SECTION 02525 MUNICIPAL IRRIGATION WATER SUPPLY WELLS PART 1 GENERAL 1.1 WORK COVERED A. The work of this contract consists of drilling, completing, and developing one municipal irrigation well to be located at Pioneer Park. B. The City of Lubbock will determine final location of well. C. The contractor will be responsible for the following: 1. Drilling, completing, and developing one municipal irrigation well at Pioneer Park. Preparation of site according to plans and specifications. D. Contractor will be responsible for obtaining necessary permits for drilling wells. 1.2 CLOSEOUT PROCEDURES A. The City of Lubbock will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. B. Provide any required documents by governing or other authorities to the City of Lubbock Water Engineering Department. 1.3 FINAL CLEANING A. Restore appearance, quality, and condition of finished surface to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. B. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. McCanton Woods, LTD Agreement Page 13 of 18 1.4 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Drillers Log 2. State Well Reports 3. Test Pumping Results B. Ensure entries are complete and accurate, enabling future reference by the City of Lubbock. PART 2 PRODUCTS 2.1 GRAVEL The gravel for gravel packing shall be silicate particles of rock, as obtained from sources near Brady, Texas, referred to as Brady 8-16 or an approved equal. Crushed rock not acceptable, less than 5% soluble in HCL. Gravel specifications: 100% passing No. 7 screen 1.8% retained on No. 8 screen 26.9% retained on No. 10 screen 61.4% retained on No. 12 screen 92.3% retained on No. 14 screen 99.2% retained on No. 16 screen 2.2 PRODUCTION CASING Production casing shall be new 8" Diameter ASTM A-53 Grade B or better and have a minimum weight and thickness of American National Standards Institute schedule 40. Joints shall be welded and strapped with four one inch steel straps spaced evenly around the circumference of the casing. 2.3 SCREEN The screen shall be " Johnson Hi Cap " as manufactured by US Filter, Johnson Division or approved equal. The screen shall be manufactured with coated low carbon mild steel wire and have an outside diameter equal to the diameter of the production casing. The screen shall have openings of forty thousandths (40/1000) inch. The ends shall be equipped with welding rings for welding to casing or for welding together several sections of screen. The screen settings in each well shall be determined by the ENGINEER with a minimu of 20-feet. McCanton Woods, LTD Agreement Page 14 of 184S 2.4 CONCRETE Approximately 1.5 cubic yards of Class A Fiber reinforced concrete shall be required for each concrete pump base and floor. The cement shall conform to Standard Specifications and tests for Portland Cement, "A.S.T.M." Serial Designation C-150-41, and C77-40. Class A concrete shall have a minimum 28 day compressive strength of 3000 P.S.I. Concrete aggregates for class A concrete shall consist of natural clean washed sand and gravel. The aggregates shall be well graded form coarse to fine and the maximum size of the coarse aggregate shall not exceed 3/4 inch. The aggregate shall be free from injurious amounts of clay, soft or flaky materials, loam or organic impurities. 2.5 GRAVEL FEED PIPE The gravel feed pipe to be installed in production wells shall consist of 4-inch schedule 40 steel pipe extending from two (2) feet above the ground surface to approximately (58) feet below ground surface and threaded on the ground surface end. The threaded end shall be capped with a 2 1/2 inch cap. 2.6 STEEL Reinforcing steel used in concrete well house floors shall conform to A.S.T.M. "Standard Specifications for Billet -Steel Concrete Reinforcement Bars, Intermediate Grade" or " Rail Steel, R latest edition. 2.7 CONDUIT Conduit for electrical shall be rigid steel conduit wrapped with a pipe wrap to prevent corrosion. Conduit shall be placed a minimum of 3 inches from concrete pump block and 2 inch galvanized pole to allow working room PART 3 EXECUTION 3.1 DRILLING The slush pits shall be dug by the contractor. Slush pits shall be filled and leveled by the CONTRACTOR during final cleanup. The drilling shall be done with a reverse rotary drilling rig or mud rotary. No bentonite mud additives shall be used by the contractor. The well shall be drilled to 5 feet below the top of the Pre-pliocene "redbed" strata. An accurate log of the changes in the formation shall be kept by the driller and presented to the ENGINEER after the well is drilled. McCanton Woods, LTD Agreement Page 15 of 184-9 1 3.3 INSTALLING PRODUCTION CASING Before the production casing is installed, the hole shall be clear of sand and cuttings at least to the depth of the top of the redbed or to the depth to which the production casing shall be set as determined by the ENGINEER. The casing shall be centered by attaching guides at the bottom and at 60 feet below the surface. Approximately five (5) feet of blank casing shall be installed below the bottom screen. The well screen shall be attached to the production casing by welding in the intervals selected by the ENGINEER as described in Part 3.2. 3.4 GRAVEL PACKING The wells shall be gravel packed immediately after the production casing and screen have been set in place. A tremie pipe shall be lowered into the annular space to a point within 10 feet of the bottom of the drilled hole. The gravel shall be pumped into the annular space through the tremie pipe. The gravel may be mixed in a hopper to form a " slurry ". This slurry will then be pumped under pressure into the tremie pipe for placement into the well. The tremie pipe will be raised as the annular space fills with gravel. 3.5 CONCRETE FOR SURFACE SEAL The annular space between the production casing and the wall of the hole shall be open from the ground surface to 50 feet below the surface. A 4-inch gravel feed pipe shall be placed in the annular space between the production casing and the wall of the hole to a depth of approximately 58 feet. A five (5) foot layer of bentonite clay shall be placed on top of the gravel pack. The cement shall be placed into the annular space slowly through a pipe extending from the top of the production casing. The pipe shall be withdrawn as the annular space fills with cement. The space shall be filled to the land surface. 3.6 DEVELOPMENT Development shall be accomplished by the use of a high speed bailer. The bailer unit shall be equipped with a power unit capable of bailing with an 8 5/8 inch diameter bailer not less than 35 feet in length at a rate of 900 feet per minute. The well shall be bailed to a point even with the red bed strata and clear of mud and cuttings, the gravel elevation shall be maintained with in 10 feet of the ground surface. This process shall continue until the gravel has ceased slipping and return fluid is free of sand and other fines. McCanton Woods, LTD Agreement Page 16 of 18-15 1 3.7 TEST PUMPING Overpumping shall be the final development procedure. A vertical turbine pump capable of overpumping (producing more water than the well can yield) shall be set 3 to 5 feet off of the bottom of the well. The well shall be pumped at high rates and backwashed until the gravel ceases to move and the discharge is clear. When the gravel is stable and the discharge is clear the pump shall be set at a rate that will cause the well to break suction. At this point the pumping rate shall be decreased at certain intervals until the pumping level shows to be stable for a period of three hours. Records of the entire test pumping procedure including all measurements shall be submitted to the ENGINEER following the completion of the well. The top of the gravel pack shall be maintained 10 feet from the ground surface during all development and testing work. 3.8 CONCRETE FLOOR AND PUMP BASES Forming for concrete work shall be approved by the ENGINEER prior to making any concrete pour. Electrical conduits shall be set according to the attached plans. 3.9 CLEAN UP During all phases of construction the work sites shall remain free of construction debris, boxes, paper, plastics, bottles and cans. The CONTRACTOR shall provide a receptacle at each work site and no debris shall be placed in the slush pits. McCanton Woods, LTD Agreement Page 17 of 18-kf 44 REINFORCE 10314" SHEDULE 40 PIPE ¢I I e I E60 ACHFF CENTER WAY CDNCRETE PUMP BASE 2' PIPE NIPPLE of I I I o 04 REBAR W/ 6' OFF { I A CENTER EACH WAY of f ( DPE TO DRAIt4 4 I' � 12' ABOVE B.O.0 18" k4IN { ELEVATION ELECTRICAL CONDUIT { STUB OUT i PROFILE OF DISCHARGE AND BASE PLATE LOCATION OF CDNTRDL PANEL 3-2' SCHEDULE 80 (BY OTHERS) — ELECTRICAL CONUM STUB —OUT r _I 1 3-2' PIPE NIPPLE a �' I I I I„ I I' 4' LONG Wr J BOX A I I. I I• I I AND FLEX CONDUIT 0 0 V u b• 4 41 DIA 1034y,' ' SCHEDULE 40 a > a RAVEL FEED PIPE Y 4 'ONCRETE PUki ' SASE `. A P ' CQNCRETE PUkP BASE a b D b 4 THICK. #4 REBAR W/ P a 6' ON CENTER EACH WAY 9 PLAN VIEW OF PUMP BASE PLATE NOT TO SCALE McCanton Woods, LTD Agreement Page 18 of 184-9 1 Resolution No. 2004-RO595 December 16, 2004 Item No. 37 DEED WITHOUT WARRANTY DATE: December 16th , 2004 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS P.O. Box 2000 Lubbock, TX 79457 GRANTEE: McCanton Woods, LTD GRANTEE'S MAILING ADDRESS s lr � iaa. CONSIDERATION: Ten and No/100 Dollars and other good and valuable consideration. PROPERTY (INCLUDING ANY IMPROVEMENTS): BEGINNING at the Southeast corner of Lot 10, Block 108, Overton Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South line of said Lot 10 a distance of 20.00 feet to a point; THENCE North a distance of 20.00 feet to a point; THENCE East a distance of 20.00 feet to a point in the East line of said Lot 10; THENCE South along the East line of said Lot 10 a distance of 20.00 feet to the POINT OF BEGINNING. REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of title of the Property, the condition, including the Deed Without Warranty Page 1 of 5 environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property. FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Deed Without Warranty, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, or any of its officers, employees, elected officials, independent contractors and/or agents, if any, and/or any other person or party. Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, Deed Without Warranty Page 2 of 5 employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property it is receiving pursuant to this Deed Without Warranty. Grantor, for the consideration set forth above grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all warranties that might arise by common law and the warranties created by Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are expressly excluded. Deed Without Warranty Page 3 of 5 EXECUTED THIS 16th DAY OF DECEMBER, 2004. GRANTOR: CITY OF LUBBOCK r-/ // � 14; TOM MARTIN, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: L�c 6 c Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner -� First Assistant City Attorney Deed Without Warranty Page 4 of 5 State of Texas § County of Lubbock § This instrument was acknowledged before me on this / 1 /'-4 day of December, 2004 by Tom Martin as Mayor Pro Tern of the City of Lubbock. PpT Au NotaryiP b6cB 5tateRof Texas My Commission Expires June 30, 2007 as/Ucityatt/Richard/DeedWithoutWarrantyMcCanton Woods November 23, 2004 of ublic, State of Texas My commission expires: 4Z3 0 GRANTEE: ril Deed Without Warranty Page 5 of 5