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CC Resolution No. 98-177- RESOLUTION NO. 98-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS TONY AMIR JARRAMI AND JULIET CEZAR, 10010 CARMEN ROAD, APN 326-50-003 WHEREAS, Tony Amir Jarrami and Juliet Cezar have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all 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 California, as shown and delineated on the attached Exhibits "A" and "B". 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 6~ day of July, 1998, by the following vote: Vote Members of the City Council AYES: Burnett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: ayor, City QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-5O-003 10010 Carmen Road Tony Amir Jarrami and Juliet Cezar, hereinafter referred to as the "GRANTOR', this day of .~'--.;.xa 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 Califomia, and specifically described as follows: SEE ATTACHED EXHIBIT "A" & "B" 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. This assignmem, 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: Tony Amir Jarrami (Acknowledgment and Notarial Seal Attached) EXHIBIT A LEGAL DESCRIPTION FOR A.P.N. 326-50-003 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1N THE EASTERLY LINE OF CARMEN ROAD DISTANT THEREON N 00 07'00" E, 56.50 FEET FROM THE INTERSECTION OF SAID LINE WITH THE LINE DIVIDING SECTION 88 AND 89, AS THE SAIV[E ARE SHOWN ON THE M_AP OF INSPIRATION POINT, MONTE VISTA, HEREINAFTER REFEREED TO; THENCE ALONG THE RIGHT-OF-WAY LINE OF CARMEN .ROAD S 00 07"00" W A DISTANCE OF 101.74 FEET TO &POINT THAT IS DISTANT N 00 0700" E 180.00 FEET FROM THE INTERSECTION OF SAID LINE OF CARMEN ROAD WITH THE LINE DIVIDING SECTION 87 AND 97A. AS SHOWN ON SAD MAP; THENCE PARALLEL WITH THE SOUTHERLY LINE OF -SAID SECTION 88 .~qD THE SOUTHZiRLY LiNE OF SECTION LINE OF SAID SECTION 88 AND SOUTHERLY LINE OF SECTION 90, S 89 53'00" E, 125.12 FEET TO A POINT THAT IS DISTANT S 89 54'00" E, 25.00 FEET FROM TIlE LINE DIVIDING SAID SECTIONS 88 AND 90; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 90, N 00 07'00" E, 68.00 FEET MORE OR LESS TO THE SOUTHERLY LINE OF STEVENS CREEK ROAD; THENCE ALONG THE SOUTHERLY LINE OF STEVENS CREEK ROAD AND EASTERLY LINE OF CARMEN ROAD, NORTHWESTERLY AND SOUTHWESTERLY 130.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING,'BETNG ALL OF SECTION 89 AND A PORTION OF SECTION 88 AND 90, AS ~ SAME ARE SO DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF INSPIRATION POINT, MONTA VISTA", AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 1 I, 1917 IN BOOK "P" OF MAPS, AT PAGE 18. BEING ALSO KNOWN AS ASSESSORS PARCEL NUMBER o26-50-003.. ..... .. CONTAINING 12,809 SQUARE FEET, MORE OR LESS. ';:.'~:'~" ' '~... ~L' ~',-..'- EXHIBIT B i~ O~ D 7 '~ ,4 ./::?./V'. 32 G_ 50-0~ PLAT TO ACCOMPANY LEGAL DESCRIPTION NA ENGINEERING CO. engineering, planning, surveying. 1475 SARATOGA AVE., SUITE .!90 SAN JOSE CAIJFORNL$ PHON~(4OS)~$5.$6~ JOB NO.: CARM~ DATE: /vlAy iN, 1~8 $c. Art~: ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~t ~0~ ~ ~ County of ~'~¢ ~' ~ On ['~/ '~/~ beforeme, personally appeared '~'~ '¢~'~_ ~t~'~ ¢' i~e'aod Title of O,fice, (e.g., "Jane Doe, ~lap/ public") ~' ~ [~/..personally known to me L'] proved to me on the basis of satisfactory evidence ..... '~ .......... 'I~ to be the person(~ whose name~s,]' is/a,~' subscribed to the ~ ............ · ~ within instrument and acknowledged to me that he/sf~/~; ,~, ] ~ ~S.~l.~ ~. ~ ~ ~ executed the same in his/t:m*4th~ authorized capacityO~), ~ ~ N~t~# nte4~l ~, ~ and that by his/hor/thc:,r signature(c')' on the instrument the ~ ~ ~~ ~ i person(~}', or the entity upon behalf of which the person(c~r~ ] _ ~""~.~.~¢ernm. rccm~ ~,k~"~,4.2~0 ~I !acted, executed the instrument. ~ ................ ; WITNESS my band and official seal. OPTIONAL I ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: (~ t),~-./. ~i~ ~'~e~{ Document Date: (~-~ / '~ / ~ Signer(s) Other Than Named Above: ~---I L--)1' ~¢~' Capacity(ids) Claimed by Signer(s) Number of Pages: /'~ ~..._~.~ I'[ C C signer's Name: Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner -- © Limited [] General ~] Attorney-in-Fact t3 Trustee LJ Guardian or Conservator ' ' ' :" LJ Other: ~ Signer Is Representing: Signer Is Representing: © 1996 National Notary Association * 8236 RemmeI Ave, PO Box 7184 · Canoga Park, CA 913D9-7f 84 Prod. NO 5907 Reorder: Ca~l Toll Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of --~/~ ,~~ .2~/~.,e before me, ~~ O~ O.ic /~ i [' ~r~ ~bliC")~e ~ JareDo;~'~i.p On personally appeared ~/~ ~ ~/d~ ~'~/ ~ ~ personally known to me - OR -~ ~roved to me on the basis of satisfacto~ evidence to be the person(~ / whose name~ is/~e subscribed to the within instrument and acknowledged to me that ~she/t~ executed the same in ~her/t~r authorized capacity(les), and that by .- - .... ,~ ~-~- ~er/~r signature~on the instrument the person(~ ~ ~ ~NBH~A~S~ET~ ~' or the entity upon behalf of which the person(~ acted, OPTIONAL -- ' ' Description of Attached Document Document Date: 'C//Z/~ 4 Number of Pages: Signer(s) Other Than Named Above: ~/ ~'~ ~~ ' Capacity(les) Claimed by Signer(s) Signer's Name: ~ ~ ~ ~ ~ Signer'~  Individual ~ Individual Corporate Officer I I Corporate Officer ~ Title(s): Title(s): [;~ Padner ~ [ ] Limited I ] General I I Pa~ner ~ ] Limited ~ ] General L;~ Attorney-in-Fact [J Attorney-in~act ~ Trustee ~1 Trustee ~. ~ I Guardian or Conse~ator ' ' "~:" ' I I Guardian or Conserva~r [J Other: ~ rlOther:_ ~ TOp of lhumb here ,- Signer Is Representing: Signer Is Representing: Reorder: Call Toll-Free 1-800-876 6827