CC Resolution No. 11-048 Quitclaim Deed and Authorization for Underground Water Rights, 21700 Alcazar Avenue, APN 357-19-109 RESOLUTION NO. 11 -048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, PAUL A. LASSA AND PALMYRA S. PAWLIK,
21700 ALCAZAR AVE., APN 357 -19 -109
WHEREAS, Paul A. Lassa and Palmyra S. Pawlik, have 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, 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, 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 5th day of April, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
morr ‘.4 /1/4 " -/'
City Clerk Mayor, City of Cupertino p
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357 -19 -109
21700 Alcazar Ave, Cupertino, CA 95014
Paul A. Lassa and Palmyra S. Pawlik, husband and wife as community property with
rights of survivorship, hereinafter referred to as the "GRANTOR ", this � day of
March, 2011, 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 EXHIBIT "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 of
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.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
O` RS:
7 % y'
Paul . Lassa r-7:D
(----------.:1 i-
Palmyra S. Pawlik
(Acknowledgment and Notarial Seal Attached)
State of California County of SC 0 a ss.
On M ng,14011 before i NIi7�
Notary Public, personally appeared • eras _ g •.,; ,,,_ — ,i.j._a .rar.
who proved to ma on the basis of satisfactory evidence to be the SUN: A .,:i'
person(s) whose name (s) is/are subscribed to the , iitnin instru and
reilkAtivit
i t �• _,r 1819109
acknowledged to me that he/ she /they execute,: the same in his /her /their .4 t '• 9 r i Notary California z
authorized capacity(ies), and that by his/her /their signnture(s) on the z TM ' c nta C era County
iY
instrument the person(s), or the entity upon behalf of whichtheperson(s) k . '' r rr � � (vor 18, 21,12
acted, executed the instrument. I certify under PENALTY OF PERJURY ��
under the laws of the State of California that the foregoing •ar g ph is
true and correct. WITNESS my hand and official seal.
e;
State of California� County of AVM 't ' L ss.
On 0 W- ■ 11 1 before e r r
Notary Public, personally appeared / . , , • 1W" k. '
who proved to me on the basis of satisfa ory evidence to be the
person(s) whose name(s) is/are subscribed to the M .;nin instrument and ,et„> , °12 w^" "' 0 ' -46 ,., '
acknowledged to me that he/she/they executed tIle same it his /her /their U,.!!' os(k uH
authorized capacity(ies), and that by his /her/their sicn Z
ature(s) on the "? Gommisslon # 13 9169
, !?-.7.7_ , _
instrument the person( s), orthe entity upon behalf of which theperson (s) a 3 i IQt a ry Public California i
acted, executed the instrument. I certify under PENALTY CF PERJURY z E_. ,a Santa Clara County
under the taws of the State of California that the foregoing r raph is mat n,a,- Corr , r , t x 01 r NOV 13, 2 � 12
true and correct. WITNESS my hand and offcialseal. .4t T "V""‘-"W s ,,, r :.',",v, ,
EXHIBIT "A" •
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO , COUNTY OF SANTA CLAM,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Parcel One:
Lot 17, as shown upon that certain map entitled, "Tract No. 300 Map of Noonan Subdivision Unit No. 2" which Map was
filed for record In the office of the Recorder of the County of Santa Clara, State of California on May 6,1946 In Book 10 d
Maps, at page 16.
Parcel T1nro:
Ccmmendng at the most Northerly corner of Lot 17 Tract No. 300 as shown upon that certain Map recorded In Book 10
of Maps at page 16 records of said Santa Clara County, said corner being the most Easterly terminus of Alcazar Avenue
as shown upon said Map; thence South 0° 00' 30" East along the Easterly ffne of said Lot 17 a distance of 25.00 feet; •
thence South 89° 49' 50" West a distance of 8.71 fleet to the true point of beginning and a point In the right of way line of
said Alcazar Avenue, and a point of amp on a curve concave Westerly having a radius of 40.00 fee thence Southerly,
Southwesterly and Wesbarly along last mentioned right of way Tine and curve, a radial from which bears North 51° 29' 15" •-
West through a central angle of 81° 42' 58" an arc distance of 57.05 feet to a point In the Westerly Tine of said Lot 17;
thence North 0° 08' 10" West along last mentioned Westerly One a distance of 9.50 feet; thence North 89° 49' 50" east a
astanoe of 51.46 feet to the true point of beginning.
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