CC Resolution No. 99-055RESOLUTION NO. 99-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM RICHARD JOSEPH PEREZ
AND GRACE PEREZ, 10485 BYRNE AVENUE, APN 357-12-040
WHEREAS, Richard Joseph Perez and Grace Perez 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 16~ day of February, 1999, by the following vote:
Vote
Members ofth_e City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
APPROVED:
Mayor, Citgo upertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-040
~10485 Byrne Avenue
Richard Joseph Perez and Grace Perez, 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.
Richard Josepl~ Perez
Grace Perez
(Acknowledgment and Notarial Seal Attached)
Resolution No. 99-055 attached.
Legal Description
"Exhibit A"
land refarr~d m in this Ralph 1o s~h''n''4 in tile Ctmnty Of San~ Clara. $o-,.- ~f Ca{ifurma, and
nimatr, d ia th~ City of: Cuix. rfl~o
B~xrfing at a {~i~t in tl~ ~ lin~ of Byrn~ Av~u~ ~ly
~ wide) ~ h d~ ~ ~ ~ f~ ~ ~ ~
~ ~ ~st a~alo~ of~ ~ li~ of~t No. 139 ~
M~ No. I ~,~ ~ ~ M~ ~f of ~ ~ ~ 4 of ~, ~ 45. S~
said I1~ 150 ~=~ ~- N~ ~ p~l wl~ ~ ~ 1~ ~ B~ A~ 50 f~
S~ 14, To~ 7 S~ ~e 2 We.. M.D.B. & M.
A,~,or's Parr.~l Numar: 3Y/-12-040
f
2LT.~ P~a~ ~ Porto
~LIPER ?INO
NOR
B YRNE AVE.
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ~ ss.
J
County of RANTA ("1
On 213 . ~IANHARY
personally appeared
lqqqJ)eforeme, 7T[''-~-ID rllln7111V_l,,inm^DV mll=* Tr'
Name aad Tale ol Oif~c~r (~:g~ 'Ja~'Oo~, N6la~ Frd~¢~v
RI CHARD dOSEPH
xUl ?emonally known to me
.~roved to me on the basis of satisfactory
evlaence
to be the person(s) whose name(s)~/are
subscribed to the within instrument and
acknowledged to me that lie/all, hey executed
the same in iliidl~r/their authorized
capacity(les), and that by ~r/their
- ~ .... ZIGGY.~ ~}Ul~llil~.. signature(s) on the instrument the pemon(s), or
~~;~'"~ the entity upon behalf of which the person(s)
~~~~ acted, executed ~e~ent.
~ WITNESS my ~n~d offici~l~l~
Though the inlo~ati~ ~low is ~t ~uir~ by ~w, it may pmve ~e to ~ons relying ~ ~e ~u~nt
Description of Attached Document
'l~tle or Type of Document: QIITTCI AIM ~FFi"i AIk[~ AIITH~I~TT&TT(~I~I
FOR UNDERC'ROUND WATER RI'C-HTS.
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(lee) Claimed by Signer
Individual
Coq)orate Officer -- ~tle(s):
[] Partner -- D Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other.
Signer Is Representing: