11. Quitclaim deed 18848 Loree Ave~RaFr
RESOLUTIOly N0.09-081
A RESOLUTION OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND ALJTHORIZATION FOR UNDERGROUND
WATER RIGHTS, MARY E. BENNETT, 1,3848 LOREE AVENUE, APN 375-15-018
WHEREAS, Mary E. Bennett has executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming all rights in and
authorizing the City of Cupertino, County of Santa Clara, State of California, to extract
water from the underground basin, underlyir.~g that certain real property situated in the
City of Cupertino, more particularly described as follows:
All that certain real property situated in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit "A".
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 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 2"d day of June, 2009, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 375-15-018
18848 Loree Avenue, Cupertino, CA 95014
Marv E. Bennett, trustee of the Bennett Family Trust, hereinafter refereed to as the
"GRANTOR", this a~ ~` day of ~".~r-~ ~ , 2009, hereby grants, bargains, assigns,
conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a
municipal corporation, hereinafter referred to as the "GRANTEE", its successors and
assigns, all the rights, titles, interests, estates, claims and demands, both at law and in
equity, and as well in possession as in expectancy of the GRANTOR as owner of that
certain real property situate in the County of Santa Clara, State of California, and
specifically described as follows:
SEE ATTACHED EXIIIBIT "A"
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 said lot to take from said underground basin within the said lot 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 lot delineated upon the above
described legal description or to authorize GRANTEE to make any withdrawal of water
which will result in damage to any building or structure erected upon said lot.
This assignment, conveyance and authorization is made for the benefit lot within
the above described legal description and shall bind the owner of said lot within said legal
description.
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IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
STATE OF ID~A}HO, COUNTY OF
On ihis_~ 1 ~ Tday ~ I O ~1
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OWNER:
rVlary ennett
(Acknowledgment and Notarial Seal Attached)
11-3
EXHIBIT A
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
Lot 74, as shown on the Map of Tract No. 1004, which Map was filed for record in the
Office of the Recorder of the County of Santa Clara, State of California on September 10,
1952 in Book 40 of Maps, at Pages 29 and 30.
Commonly known as: 18848 Loree Avenue, Cupertino, California 95014
APN: 375-15-018
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Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Mary E. Bennett, 18848 Loree Avenue,
AFN 375-15-018, Resolution No. 09- C~ ~' ~
The property owner of this residential development agrees to grant
to the City the right to extract vrater from the basin under the '~
overlying property. O
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