CC Resolution No. 11-125 Quitclaim Deed and Authorization for Underground Water Rights, 20605 Lazaneo Drive, APN 326-33-096 RESOLUTION NO. 11 -125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, BOYER FAMILY PARTNERSHIP I, L.P.,
20605 LAZANEO DRIVE, APN 326 -33 -096
WHEREAS, Boyer Family Partnership I, L.P., 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, 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 2nd day of August, 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:
- ''/ Kimberly Smit ' 1 Clerk G/74\
Wong, Mayor, City of Cup irio
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
A P N 326 -33 -096
20605 Lazaneo Drive, Cupertino, CA 95014
Boner Family Partnership I, L.P., hereinafter referred to as the "GRANTOR ", this
day of ,Ta !Z , 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.
MICA
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
PARCEL A, AS SHOWN UPON THAT CERTAIN PARCEL MAP RECORDED ON APRIL 6, 1977 IN THE
OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
IN BOOK 392 OF MAPS, PAGE 18.
PARCEL TWO:
A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND DRIVEWAY PURPOSES,
APPURTENANT TO PARCELS "A "AND "B" AS SAID PARCELS ARE SHOWN UPON THAT CERTAIN
PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA ON APRIL 6, 1977 IN BOOK 392 OF MAPS, AT PAGE 18,
OVER ALL THAT PORTION OF PARCEL "C" AS SHOWN THEREON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF LAZANEO DRIVE, 60 FEET WIDE, AT THE
SOUTHEASTERLY CORNER OF PARCEL 19, AS SAID PARCEL IS SHOWN UPON THAT CERTAIN
RECORD OF SURVEY FILED FOR RECORD ON AUGUST 24, 1972 IN BOOK 307 OF MAPS, AT
PAGE 29, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID
LAZANEO DRIVE SOUTH 89° 58' 56" WEST 20.00 FEET; THENCE LEAVING SAID NORTHERLY
LINE OF LAZANEO DRIVE NORTH 0° 05' 29" WEST 475.57 FEET TO A POINT IN THE
NORTHERLY LINE OF SAID PARCEL 19; THENCE ALONG SAID NORTHERLY LINE OF PARCEL 19,
NORTH 89° 52' 36" EAST 20.00 FEET TO THE NORTHWESTERLY CORNER OF PARCEL 18, AS
SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL
18, SOUTH 0° 05'29" EAST 100.00 FEET TO THE SOUTHWESTERLY CORNER THEREOF; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 18, NORTH 89° 52' 36" EAST 10.00 FEET TO A
POINT; THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 18 ALONG A LINE PARALLEL
WITH AND 30 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF
THE PARCEL OF LAND HEREIN BEING DESCRIBED SOUTH Q° 05'29" EAST 115.63 FEET TO A
POINT IN THE MOST NORTHERLY LINE OF PARCEL 15, AS SHOWN ON SAID RECORD OF
SURVEY; THENCE ALONG SAID NORTHERLY LINE OF PARCEL 15, SOUTH 89° 58' 56" WEST
10.00 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE ALONG THE WESTERLY
LINE OF SAID PARCEL 15, SOUTH 0° 05'29" EAST 260.00 FEET TO THE POINT OF BEGINNING,
AND AS SHOWN ON SAID RECORD OF SURVEY.
PARCEL THREE:
A COMMON DRIVEWAY EASEMENT BEING A PORTION OF PARCEL B HEREINAFTER REFERRED
TO, A UNIFORM STRIP OF LAND TWENTY (20) FEET IN WIDTH, THE SOUTHERLY LINE OF
WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF BANDLEY DRIVE (70 FEET WIDE) AT THE
WESTERLY TERMINUS OF THE COMMON DIVIDING LINE BETWEEN PARCELS "A "AND "B ", AS
SAID PARCELS ARE SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD APRIL 6, 1977
IN BOOK 392 OF MAPS, AT PAGE 18, SANTA CLARA COUNTY RECORDS; THENCE LEAVING SAID
POINT OF BEGINNING ALONG SAID COMMON DIVIDING LINE NORTH 89° 58'56" EAST 59.00
FEET.
APN: 326 -33 -096
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
Boyer Family Partnership I, L.P.
By: 42 Aire, G� T;1 /p
Rhonda L. Lukich, Manager C �
(Acknowledgment and Notarial Seal Attached)
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califo111 a Orn r,
County of eke/ear/W-4
li
On JU l /2, .20// before me, Vicki ,L . e S'aY7 /V4%ry , /2 J,kk or &i fin ,
(Ririe insert name and title o rfh c officer)
personally appeared "gi- L . ,Lu k,'Gh ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to '
the within instrument and acknowledged to me that he /sheithey executed the same in his/her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
i
` f' 9.. OFFICIAL SEAL rl
WITNESS my hand and official seal.
V ICKI L ERICKSON
_ NOTARY PUBLIC - OREGON )
) COMMISSION N0.436532
�►lll��i• ) MY COMMISSION EXPIRES APRIL 7,2013
Signature . Notary ' u. re ?rotary • ` }
• •
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(Title or description of attached document)
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Number Of Pages Document Dater/49
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�/
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