CC Resolution No. 98-250RESOLUTION NO. 98~250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KEVIN L. ERW1N AND
TRACY L. ERWIN, 10385 PALO VISTA ROAD, APN 357-03-026
WHEREAS, Kevin L. Erwin and Tracy L. Erwin 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 described in Exhibit "A" and Exhibit "B",
attached hereto and made a part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 10385 Palo Vista Road, APN
357-03-026.
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 19* day of October, 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 357-03-026
10385 Palo Vista Road
Kevin L. Erwin and Traev L. Erwin, hereinafter referred to as the "GRANTOR', this
day of ~(- 199~__, hereby granL 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 fight, rifle, 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 m 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.
Re*olution 98-250 attached.
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 insmament the day and year first
above written.
Kevin L. Erwin
(Acknowledgment and Notarial Seal Attached)
EXHIBIT A
DESCRIPTION
All that certain piece or parcel of land situate within the City of Cupertino, in the County of Santa
Clara, and State of California, more particularly described as follows:
BEGINNING at the point intersection of the Northerly line of Lot 243, inspiration Point, Monta Vista,
as shown upon the Map hercinaRer referred to with the Westerly line of Palo Vista Avenue, 40 feet
wide as shown upon that certain Map of Tract No. 1113 filed for record in Book 48 of Maps, pages 8
and 9 in the office of the Recorder of the County of Santa Clara, State of California;
THENCE South 00°07'West along said Westerly line of Palo Vista Road, 75.00 feet to the Southerly
line of said Lot 243;
THENCE North 89°53'West along the Southerly line of said Lot 243 and the Southerly line of Lots
254A, 242 and 255A, 165.89 feet more or less to the Southwesterly corner of Lot 255A as said Lot is
shown upon the Map hereinafter referred to;
THENCE North 00°07'East along Westerly line of said Lot 255A, 75.00 feet to the Northwest~ly
corner of said Lot 255A;
THENCE North 00°07'East to the centerline of El Dorado Avenue as shown upon the Map herelna~er
referred to;
THENCE South 89°53'East along the centerline of said El Dorado Avenue a distance of 165.89 feet to
the Westerly line of said Palo Vista Avenue above referred to;
THENCE South 00°07'West along said Westerly Avenue of Palo Vista Avenue a distance of 20.00 feet
to the Point of Beginning and being a portion of Lots 242, 243,254A, 255A and all that portion of E1
Dorado Avenue abandoned by that certain Resolution and Order Proclaiming the Abandonment of
portions of Bonita and El Dorado Avenues recorded November 14, 1956 in Book 3657 Official Records
at page 494 in the off'ace of the Recorder of the County of Santa Clara, State of California as said Lots
and Avenues have been shown on that certain Map entitled, "Map of inspiration Point, Monta Vista",
filed for record April 11, 1917 in Book "P" of Maps, page 18, in the office of the Recorder of the
County of Santa Clara, State of California;
Con,'ming 15,759.55 square feet of land, more or less.
- Warren E. McDowell, P.E. ,P.L .S~
Land Surveyor No. 3414
License Expires: June 30, 2000
HiB!T B
NO'O7'E
75.00'
120.00'
I
I
APN: 357-03-026
To PALM AVENUE
SO'07'W 245.36'
o ~ 75.00'
SO'07'W
1~20.00'
~ P.O.B.
PALO VISTA ROAD
~0385 PALO VISTA ROAD
~'~ARREN E. McDOWELL
License Expires 06-30-2000
7974 PUMPKIN DRIVE
CUPERTINO CA 950~4
(408) 257-8210
GUITCLAIM of
UNDERGROUND NATER
RIGHTS
DATE: 09-08-98
SCALE: 1''= 30'
PAGE 1 of 1
CALIFORNIA ALL.PURPOSE ACI~NOWLEDGMEHT ,o,$;t
State of
CALIFORNIA
County of SANTA (:LAFIA
personally appeared
before me,
NAMEISI OF SIGNER(SI
[-~ p'.er~onally kno.wn to me - OR - C~proved to me on the basis of satisfacto~ evidence
to be the person(s) whose name(s) j,~are
j~t~ .~"7- O3-O~2 subscribed to the within instrument and ac-
knowledged to me that f~/s,j~they executed
the same in ~.~)h,,e~their authorized
capacity(les), and that by ,~'/h/c:~Ttheir
signature(s) on the instrument the person(s),
or the entity upo'n behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and ofliciat seal.
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
[] INDIVIDUAL
[] CORPORATE OFFICER
[] PARTNER(S) [] LIMITED
~ GENERAL
[] A~'FORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
.,[] OTHER:
SIGNER IS REPRESENTING:
SIGNER(S) OTHER THAN NAMED ABOVE
~1993 NATIONAL NOTARY ASSOCIATION * 8236 Remmel Ave.. P O. Box 7184 * CaRoga Park, CA 91309.7184