CC Resolution No. 8973
RESOLUTION NO. 8973
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM BRET A. HERSCHER
AND PENELOPE A. HERSCHER, 10259 AINSWORTH DRNE
WHEREAS, Bret A. Herscher and Penelope A. Herscher have executed a
"Quitclaim Deed and Authorization", which is in good and sufficient fonn, quitclaiming
all their rights in and authorizing the City of Cupertino, County of Santa Clara, State of
California, to extract water from the underground basin, underlying that certain real
property situate in the City of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, filed in the office
of the County Recorder of the County of Santa Clara on the
18th day of May, 1967, in Book 222 of Maps at Pages 24
and 25, Lot 72.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
"Quitclaim Deed and Authorization" so tendered; and
IT IS FURTHER RESOLVED that the City Clerk be and she is hereby authorized
to record said "Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this Jll... day of November, 1993, by the following vote:
~ Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
·
~ DEED AIÐ ADJB:R[ZATJQ(
Fœ ~ WATJm RIGIl'S
BRE:l' A Hm::ium< , PmE£.œE A. ~
10259 AIl~ ImVE
hereinafter referred to as the "GRANroR", this 7 day
of O:.ITJW, 19~, hereby grant, bargain, assign, convey, remise,
release arxi forever quitclaim mrt:o the CI'lY OF aJPœl'INO, a mmicipal
'-'UL~ation, hereinafter referred to as the "GRANl'EE", its S'Y'OeE'sars arxi
assigns, all the right, title, interest, estate, claim arxi deman:i, both at
law arxi in equity, arxi as well in pCJSE'-eion as in expectanc:y of the
GRANroR as owner of IDI: 72 of that certain subdivision of real prqJerty
situate in the Country of Santa Clara, state of California, arxi
specifically described in the map thereof filed in the Office of the
Colmty Reoo1:ùer of the Colmty of Santa Clara on the 18th day of Illy,
1967 , in Beak 222 of IIIps at Page 24 (, 25, to punp, take or otherwise
extract water fran the ~ basin or any ~ strata in the
Santa Clara Valley for beneficial use upon the 1arxis overlyiIç said
un3ergrouni basin, arxi GRANroR hereby irrevocably authorized GRANl'EE, its
~""'Oe';'sars arxi assigns, on behalf of the GRANroR arxi its S''''''''''''''QI"S in
ownership or overlyiIç 1arxis in the said lots to take iran said
un3ergrouni basin within the said lots any arxi all water which the owner
or owners of said overlyiIç 1arxis may be entitled to take for beneficial
use on said 1arxis arxi to ~ly sud1 water to sud1 owner or owners or
others as a PJblic utility; provided, however, that not:hin;J contained in
this instrument shall be ~ to authorize GRANl'EE to enter upon any of
the lots delineated upon the above described map or to authorize GRANl'EE
to nake any withdrawal of water which will result in damage to any
J::uildiD:J or structure erected upon said lots.
nrl.s assigrønent, o::nveya1'De ani authorization is made for the benefit
of IDt: 72 within the above described sulxlivision ani shall bind the
owner of said lots within said sulxlivision.
IN WI:'J.m5S WHEmDF, GRANroR has executed this instrument the day ani
year first above written.
<::HImS ;
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of (-t\ /'fW";~ }
County of <.. G" h.. cA.¡.-Q\.
On 10 -II -93 before me, lIa.e R CÁc); ~ No1ø-"'t jJtAb/,'c..;
DATE ' NAME, T11lE OF OFFICER· E.G., "JANE DOE, NOTAR1 PuI:ILIC"
personally appeared R ref A . )! usc.j PI'
HAME(S) OF SIGHER(S)
o personally known to me . OR -Ii proved to me on the basis of satisfactory evidence
to be the person(,1l'¡ whose name~l~
subscribed to the with~' 'nstrument and ac-
knowledged to m)Hl¡,a' ÞM lØy executed
the same in (b.i.8)h ttréir~thorized
capacity(iH:J, and that bYQ!!..sI~lt)táir
signature~ on the instrument the person~,
or the entity upon behalf of which the
person~ acted, executed the instrument.
OFFICIAL SEAL
ItA! R.CHOI
IIIOTM"f'MIJC·CllLftIIfIM
SMTAQ,AM COUNT't'
.., ccmm. Exøn..IIn. n. 1994
WITNESS my hand and official seal.
Gú</ ~ ~
SIGNATURE OF NOTARY
.'\ THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
OPTIONAL SECTION ~
TITLE OR TYPE OF DOCUMENT 'WM. rll) (_ D..
NUMBER OF PAGES ;¿ DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE eJ. .e..
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fit! in the data below, doing so may prove
invaluable to persons relying on the document.
(j! INDIVIDUAL
o CORPORATE OFFICER(S)
TrTLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENTITY(IES)
~1993 NATIONAL NOTARY ASSOCIATION· 8236 Remmet Ave.. P.O. Box 71 B4 . Canoga Park. CA 91309·7184
ACKNOWLEDGEMENT
County of Santa Clara, }
} ss.
State of California. )
On the 7th day of October, 1993, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Penelope A. Herscher, known to me to be the person
whose signature is affixed to the within document and ackowledged to me that she executed
same.
IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal on the date
first written above.
..... ...
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Ann M. McKerchert
Comm fI892087
MY PU8UC CAl.IFOfINI~
SANTA ClAM COUNTY \1
ConlIn ~A d:M.1"7 ..
d~ /11.. JIl¿~eL
Ann M. McKercher
My Notary Commission Expires:
April 24, 1997
. - - -
(seal)