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CC Resolution No. 98-131RESOLUTION NO. 98-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM FAZLOLLAH K. BEHESTI AND JESSICA BEHESHTI, 10707 SANTA LUCIA ROAD, APN 342-17-094 WHEREAS, Fazlollah K. Behesti and Jessica Beheshti have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming ail 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 Caiifornia, as shown and on that certain map filed in the Office of County Recorder of the County of Santa Clara on the 17th day of April, 1917, in Book P of Maps at Page 13. 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 1st day of June, 1998, by the following vote: Vote Members of the City Council AYES: BURNETT, DEAN, JAMES, STATTON, NOES: NONE ABSENT: NONE ABSTAIN: NONE CHANG ATTEST: VED: ~ Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-17-094 10707 Santa Lucia Road Fazlollah K. Beheshti and Jessica Beheshti, hereinafter referred to as the "GRANTOR", this day of , 19__, 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 Section 124, of that certain subdivision 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 17th dav of A~rii, 1917 in Book P of Ma~s at Pages 13, 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 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. Page I of 2 This assignment, conveyance and authorization is made for the benefit of Section 124, 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: ica Beheshti (Acknowledgement and Notarial Seal Attached) Page 2 of 2 STAT£ OF ~a£i~ornia } COUI~Y OF Santa Clara } SS. CHICAGO TITLE COFiP~ On April 21, 19 98 , before me, Jane P. Walsh a Nota---y Public in a_nd for said County and State, personally appeared Fazlollah K. Beheshti and Jessica Be~eshti personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within ihst.~nnment and ack- nowledged to me that he/she/they executed th~ same in his/her/their authori=ed capa- clty(ies), and that by his/her/their si~- nature on the instrument the person(s), or the entity upon behalf of which the per- scn(s) acted, executed the inst.-~raent. ~'I-~SS my ha_nd and official seal. ~JST BE AT~TACHED I T~ T}~ DOC~F~ENT ~ D~TE OF DO~h~ (Notarial stamp or seal) NO.OF PAGES