CC Resolution No. 98-202RESOLUTION NO. 98-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM CARY L. QUEEN,
22830 SAN JUAN ROAD; APNS 342-21-017, 030, 007
WHEREAS, Cary L. Queen has executed a "Quitclaim Deed and Authorization",
which is in good and sufficient form, quitclaiming all his 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
l~xhibit "A" and Exhibit "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 3ra day of August, 1998, by the following vote:
Vote
Members of the City Council
AYES: DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: BURNETT
ABSTAIN: NONE
ATTEST:
PROVED: r ,~ ,,',
Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342-21-017, 030, 007
22830 San Juan Road
Catv L. Oueen, hereinafter referred to as the "GRANTOR', this ~,~ day of ,~- ~.., ~ 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
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 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:
ca,-y
(Acknowledgment and Notarial Seal Attached)
EXHIBIT A
LEGAL DESCRIPTION - WATER QUITCLAIM DEED
All that real property lying in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Beginning at the Northwest corner of the Lands of Queen, said point lying on the section
line common to sections 21 and 22, Township 7 South, Range 2 West, as shown that
certain Record of Survey recorded in Book 502 of Maps, at Page 45, Official Records of
Santa Clara County; thence, from said point of beginning, along the southerly line of the
Lands of the Marianist Province of the Pacific, the following courses and distances:
North 74° 30' 00' East 152.32 feet
South 83° 40' 00" East 275.18 feet
South 32° 09' 28" East 39.87 feet
South 82° 17' 46" East 66.32 feet
South 21° 08' 19" East 69.07 feet
North 89° 12' 27" East 177.21 feet
North 74° 25' 15" East 116.06 feet
North 62° 45' 19" East 66.51 feet
North 52° 23' 52" East 30.08 feet
North 21° 14' 20" East 16.08 feet
to the westerly line of San Jacinto Road as shown on aforementioned Record of Survey;
thence along the westerly line of San Jacinto Road North 31° 20' 00' 33.37 feet to the
centeriine of Elena Road(abandoned); thence along the centertlne of Elena
Road(abandoned) North 63° 26' 00' East 29.96 feet to the centerline of said San Jacinto
Road; thence alone the centerline of San Jacinto Road the following courses and
distances:
South 16° 10' 00' East
South 11° 48' 00' West
South 32° 01' 00' West
South 68° 06' 00" West
South 52° 24' 00' West
South 40° 50' 00" West
100.00 feet;
81.05 feet;
176.30 feet;
128.00 feet;
99.00 feet;
114.00 feet
to the intersection with the centerline of Portola Road; thence
South 71° 39' 00' West
South 31° 52' 00' West
North 90° 00' 00' West
120.70 feet;
247.30 feet;
76.19 feet
to the centerline of El Cerrito Road; thence alone the centerline of El Cerrito Road the
following courses and distances:
North 37° 39' 00' West 42.82 feet;
North 55° 59' 00' West 33.90 feet;
North 07° 32' 00' West 72.00 feet;
North 59° 35' 00' West 80.25 feet;
North 30° 04' 32" West 43.01 feet;
thence along a non-tangent curve to the northwest, having a radial bearing of
North 88° 19' 18' West, a radius of 55.75 feet, through a central angle of 126° 49' 42" for
an arc distance of 123.41 feet to a point on the line common to Sections 21 and 22,
Township 7 South, range 2 West, as shown on aforementioned Record of Survey; thence
along said line common to Sections 21 and 22 North 00° 12' 29' West 475.22 feet to the
point of beginning.
Containing 9.780 acres, more or less.
66.32'
N5559'OO'W
42.82'
76.19'
LANDS OF QUEEN
~'~,LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On June 30, 1998, be~m, me, RobeAa Ann
~ ~F~_,J~'~,~.W't N0?ARY PU~dC. CALIFORNIA
~,~ ~"~.,~;~----tLtl~ ~~ SANTA CI.ARA COUNTY
~ ~'~' By Cornmi~ion Expires
Wolfe, Notary Public, personally appeared Cary L.
Queen, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and
that by his signature on the instrument the person, or
the entity upon behalf of which the person acted,
executed the instrument.
WITNI~SS my hand and official seal.
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
E]INDIVIDUAL
r'/CORPORATE OFFICER
DPARTNERS
E]LIMITED
E3GENERAL
DTRUSTEE(S)
[]GUARDIAN/CONSERVATOR
DOTHER
Quitclaim Deed and Authorization, Underqround Water
TITLE OR TYPE OF DOCUMENT
ATTORNEY-IN-FACT
4
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Self
June 39,1998
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE