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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