CC Resolution No. 99-171RESOLUTION NO. 99-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM PHILIPPE DOR AND ANNE DOR,
LOCATED AT BALBOA ROAD ~ STEVENS CANYON ROAD,
APN 342-18-036
WHEREAS, Philippe Dor and Anne Dor, have executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming 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".
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 21st day of June, 1999, by the following vote:
Vote
Members of thee City Council
AYES:
NOES:
ABSENT:
ABSTAiN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
Mayor, City ofpup~'rtino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342-18-036
Balboa Road
Philippe Dot and Anne Dot, hereinafter referred to as the "GRANTOR', this ~) day of ~_~_~
1995, 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:
Philipp~
Anne Dor
(Acknowledgment and Notarial Seal Attached)
,EXHIBIT A
(DEDICATION OF UNDERGROUND WATER RIGHTS)
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the most Easterly corner of Section 16 as shown on that certain Map
entitled "Map of 9m Addition Monta Vista" filed for record in Book "P" of Maps at page
16 Santa Clara County records said point also being in the Westerly line of Stevens
Canyon Road as shown on said Map; thence along said Westerly kine N20°30'00"W
98.71 feet; thence leaving said Westerly line and proceeding S32°20'00"W 28.20 feet;
thence S58°09'00"W 221.90 feet; thence S89°58'17"W 96.62 feet; thence
N16°54'01"E 50.00 feet; thence S73°O5'59"W 37.00 feet; thence S67°28'00"W 76.50
feet; thence S34°03'08"W 35.42 feet; thence S89°58'17"W 32.15 feet; thence
S21°00'00"W 185.68 feet to a point in the Northerly line of Balboa Road; thence along
said Northerly line the following six courses: S78°00'00"E 50.84 feet, S56°57'00"E
103.00 feet, SS0°35'00"E 61.65 feet, N66°40'00"E 183.52 feet, N63°11'00"E 128.88
feet and N41°53'00"E 75.00 feet to a point in the above mentioned Westerly kine of
Stevens Canyon Road; thence along said Westerly line N7°14'00"E 113.00 feet to the
point of BEGINNING.
Containing 1.65 acres more or less and consisting of all Sections 7, 8, SA, 9, 9A, 14
and 15 and a portion of Sections 6, 11, 13, 16 and 17 as shown on the above
mentioned Map.
\docs\dor-h2o.doc
I PLAT TO ACCOMPANY
EXHIBIT A FOR THE
~,~^~o. o~ D(HIBff B'
UNDERGROUND WATER RIGHTS
CUPERTINO, CA
S89'58'17"W
32.15'
..~'"'
SCALE: 1"=100'
s78'oo'oo"E__~, r--~ ~_s2~ioo.o.o,.w
50.84'-~ 185.68'
S80'35'00"EJ
61.65'
. N16'54'01"E
~ 50.00'
S34'03'08"W
55.42'
S32'20'00"w
28.20'
S73'05'59"W
37.00'
.z ?;"- N20'30'OO"W '~. ~
,i~ 'a 98,7~'
\ PO8 --'-x
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
SS.
On ~4,a,[/Z °l 1 6~ 6~ 6~ before me,
personally appe~ed ~1
~ personally known to me - OR- ~ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
ac~owledged to me that hWshe/they ex~uted
the same in his/her/their authorized
capacity(ies), and that by his/her/their
,. ..... - .... --" ' .......... ~ sinnature(s) on the instrument the person(s),
C ~ETTE~COU~T
~ C0mm.~1189481 IA gl'" or the entity upon~ behalf of which' the
UI~8~"0~ ~u~uc.?u~0"" - person(s) acted, executed the instrument.
~ M~ Corem, Expi,e, Jui~
WITNESS my hand and official seal.
O~IO~
~NFOR~TION
~ info~mafion ~low is hoc cequired by law. However, i~ could prevent fraudulent attachment of this ac~owl-
~dgment to ~ unau~ofiz~d d~ument.
~ A~ORNEY-IN-FACT
~ X~USTEe(S)
~ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
~ OTHER:
RIGHT THUMBPRINT
SIGNER IS REPRESENTING: OF
NAME OF PERSON(S) OR E~Y(IE$) SIGNER
APA 5/97 VALLEY-SIERRA, 800-362-3369