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CC Resolution No. 7726 RESOLUTION NO. 7726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM CRAIG A. CLARK AND CHEE WAN LEE LOCATED ON THE SOUTHWEST CORNER OF ORANGE AVENUE AND ALCAZAR AVENUE WHEREAS, Craig A. Clark and Chee Wan Lee have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all his (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 parcitularly 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 delineated on that certain map, filed in the office of the County Recorder of the County of Santa Clara on the llth day of April, 19l7 in Book "p" of Maps at Page 20, Lot l3l. 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 of Cupertino this nrh vote: a regular day of meeting of Fp.hruRry the City Council of the City , 1989, by the following Vote Members of the City Council AYES: Gatto, Johnson, Plungy NOES: None ABSENT: Koppel, Rogers ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ John J. Plungy, Jr. Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION CRAIG A. CLARK AND CHEE WAN LEE hereinafter referred to as the "GRANTOR", this .; .] l':> . ) day of \i) . c/ ' /1 i'Md t'v}'~1 , 19.f7, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of Lot 131 of that certain subdivision of real property situate in the County 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 11th day of April , 19..!2., in Book "P" of Maps at Pages 20 , to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or overlying lands in the s~id lots to take from said underground basin within the said lots any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment. conveyance and authorization is made for the benefit of Lot 131 within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: /t~1 A ¿Iv ~- I~ í /·.1 .j(', r, ,~N_J_ ¿ u¿ü l / ~lX-.__~. I (Acknowledgement and Notarial Seal attached) Santa Clara } 55. On Ihls !he ....u!h day of January 19 89. belo,e me. Slate of CaHfornia County 01 Helen K. Yates the undersigned Nolary Public, personally appeared ~ CraiQ A. Clark and r.hpp Wan jpp .! Ii ~/:I(9i:>CÐI;.(i)I:<.9/;>(!)I;.(i)W)/x!)i:>CÐi:>CÐ~«)a«)W~ personally known 10 me ir.: ....~ g e OFFICIAL SEAlJ ~rJ'proved 10 me on !he basis of salls lac lory evidence U HELEN K. YATES 2 () they ~ 5 Q NOTARV PUBLIC. CALifORNIA 1" 10 belhe person(s) whose name s the ~1¡ g SANTA CLARA COUNTY within Instrument. and acknowledged Ihat y I. .ä _~ My Commission Expires May 10, 1991 WITNEjS my hand and oflicial seal. 2 ~(¡¡¡!)(¡¡¡!)G<9==C<9G<9G><9= rLt~ ~.J ,¿-¿yL --;;/;;...; "7??7~. __ __ _ No\oáry s SIgnature a : .. ';f "'f I1Al ACl<.N0WlfOGMfNf ran"" 7ttOO!U subscribed to the executed it. _.~~~ All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: All of Lot 131 as shown of that certain map entitled "Map of Subdivision "A", Monta Vista", which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April ll, 1917 in Book "Po of Maps, at Page 20. Excepting therefrom the Northerly 20 feet as granted to the County of Santa Clara, by instrument that recorded February 8, 1963 in Book 5899 of Official Records, Page 300, A.P,N,: 357-14-38 217Qt.. ALCAz.AI<' AvE. 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