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CC Resolution No. 8957 RESOLUTION NO. 8957 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JAMES A. BRICE, JR. AND 10 ANN BRICE, 21761 OLIVE AVENUE WHEREAS, James A. Brice, Jr. and Jo Ann Brice have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, 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 in the attached Exhibit "A" and Exhibit "B", as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and de- lineated on that certain map filed in the office of the County Recorder of the County of Santa Clara on the 4th day of August, 1961, in Book 136 of Maps at Page 8, Lot 2. 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 ~ day of Seotember , 1993, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Dean, Goldman, Koppel, Sorensen, Szabo None None None APPROVED: /s/ Nick Szabo Mayor, City of Cupertino ATTEST: /s/ Kim M. Smith City Clerk QU1'I'C[AIM DEED AND AIJIlDUZATIW 'ID {k)~ WATFR RIGIl'S J1\MES A. BRICE, JR. & JO ANN BRICE ~I ..1:6761 OLIVE AVENUE hereinafter refe.t:Ted to as the "GRANIOR", this .;JeJ r# day of;4tJbVS>¡ , 19.1:3., hereby grant, bargain, assign, =nvey, remise, release and forever quitclaim unto the CITY OF aJPERl'INO, a rm.micipal =rporation, hereinafter referred to as the "GRANI'EE", its successors and assigns, all the right, title, interest, estate, claim and demarxi, both at law and in equity, and as well in possession as in expectancy of the GRANroR as owner of lDt 2 of that certain suIxli vision of real property situate in the Country of Santa Clara, state of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 4th day of 1U)ust, 1961, in Boàt 136 of Maps at Page 8, to puIIp, take or otherwise extract water from the urrlergrouIXl basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlyi.n;J said undergrourrl basin, and GRANIOR hereby irrevocably authorized GRANI'EE, its successors and assigns, on behalf of the GRANroR and its successors in ownership or overlyi.n;J lands in the said lots to take from said underground basin within the said lots ãITý and all water which the owner or owners of said overlyi.n;J lands may be entitled to take f= beneficial use on said lands and to supply such water to such owner = owners = others as a public utility; provided, however, that nothin;J =ntained in this instrument shall be deeIæd to authorize GRANI'EE to enter upon any of the lots delineated upon the above described map or to authorize GRANI'EE to make any withdrawal of water which will result in damage to any wilding or structure erected upon said lots. This assigmnent, conveyance ana authorization is made for the benefit of lDt 2 within the above described subdivision ana shall bind the 0ItII'Ier of said lots within said subdivision. IN WITNESS WHEREDF, GRANl'OR has executed this instrument the day ana year first above written. ~i ~ Brice, ~ ß:~~/ ~~J (JØ Ann Brice (AcknoIrlledconent: "nñ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5193 State of C A L,- £,"".0.1 í A County of S ArlTt:>- CL-AttA rn eJ~lq3. before me, DATE d --<"~~¡::..> IL ßI':~ :S~ A.-"" :¡... "II\I'..J a¡.z.,-",£ ersonally appeare '"" rY" NAMEIS) OF SIGNERIS) CJ......... all kno"'rHo-me-- OR - ~roved to me on the basis of satisfactory evidence h'"",,~en Y to be the person(s) whose name(s) !J¡I,(are subscribed to the within instrument and ac- knowledged to me that hefshelthey executed the same in h~h.erlthelr authorized capacity{ies), and that by hislherlthelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lvm COLLINS NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC· _ OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does nol requÎre the Notary to 1m in the data below. doing so may prove invaluable to persons relying on the document. ,.Ep!ífDIVIDUAL o CORPORATE OFFICER(S) ~~ ~Ff¡(,";IAl :.t.-M § IŒVINE.Cr~I¡NS i .. TAA'f' ~!C·GAIIH)RNIA . S^M MMF.O rOUNTY MY CG~·llr~~~.#A~~.i TlTLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: WITNESS my hand and official seal. SIGNER IS REPRESENTING: NAME OF PERSQN(S) OR ENTlTY(IES) Though the data requested here is not requir~d by law, it could prevent fraudulent reattachment of this form. Æ-t- ~. SIGNATURE OF NOTARY OPTIONAL SECTION . TITLE OR TYPE OF DOCUMENT ()I.¡TT «(fit" - ¡JP,rc"'l'I.'¡H) "- NT <e A..Q J "'""1 NUMBER OF PAGES DATE OF DOCUME SIGNER(S) OTHER THAN NAMED ABOVE /'I Q rJ L -'- 1 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: 7184 C Park CA 91309-7184 ©1993 NATIONAL NOTARY ASSOCIATION· 8236 Remmet Ave., P.O. Box . anoga ,