CC Resolution No. 98-133RESOLUTION NO. 98-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM OPTIMUM INVESTMENTS LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, 21870 LOMITA AVENUE;
APN 357-15-004
WHEREAS, Optimum Investments LLC, a California Limited Liability Company
has executed a "Quitclaim Deed and Authorization", which is in good and sufficient
form, quitclaiming all its 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 Exhibits "A" and "B" as follows:
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:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-004
21870 Lomita Avenue
Optimum Investments LLC, A California Limited Liability. Company, hereinafter referred
to as the "GRANTOR', this /~' day of ~o?,e,~ 199~. 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 that certain real property situate
in the County of Santa Clara, State of California, and specifically described as follows:
SEE ATTACHED EXHIBIT "A" & "B"
to pump, take or otherwise extract water from the underground basin or any underground
~trata 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 ail 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 instmmem 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 lots within the
above described plat and description and shall bind the owner of said lots within said plat and
description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first
above written.
OWNERS:
Optimum Investments, LLC
A California Limited Liability Company
(Acknowledgment and Notarial Seal Attached)
ALL-PURPOSE ACKNOWLEDGMENT
EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM DEED FOR
UNDERGROUND WATER RIGHTS
Ail that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California being all of Section
83 as shown upon "MAP OF SUBDIVISION "A" - MONTA VISTA", which
map was filed for record on April 11, 1917 in Book (Volume) "P"
of Maps at Page 20, Santa Clara County Records.
Refer to EXHIBIT "B", PLAT, which is hereby made a part of this
description.
Date: April 8, 1998
APN: 357-15-004
City File No.: 52,113
Address: 21870 Lomita Ave.
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