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CC Resolution No. 99-173RESOLUTION NO. 99-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS STEVEN A. FONDARIO AND JULIE FONDARIO; 10315 ORANGE AVENUE, APN 357-15-059 WHEREAS, FROM Steven A. Fondafio and Julie Fondatio, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all (his) their fights 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 that certain map filed in the Office of County Recorder of the County of Santa Clara on the 1 lth day of Apfil, 1917, in Volume P of Maps at Page 20. 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 21 st day of June, 1999, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: BURNETT, CHANG, JAMES, STATTON, DEAN NONE NONE NONE ATTEST: City Clerk APPROVED: Mayor, City ol Cupert' QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-15-059 10315 Orange Avenue Steven A. Fondario and Julie Fondario, hereinafter referred to as the "GRANTOR", this /.3 - day of ~"~7 , 19___~, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinaRer 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 Section 114, of that certain subdivision of real property situate in the Country of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the llth day of April, 1917 in Volume P of Maps at Page 20, 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 it~ 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. Page I of 2 This assignment, conveyance and authorization is made for the benefit of Section 114, within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Steven A. Fondario ~li~ F0ndario .... (Acknowledgement and Notarial Seal Attached) Page 2 of 2 -- ~LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 13, 1999, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Steven A. Fondario, 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. Comm. N~. 114',r769, :> NOTARY PU~LIC- C~LIFORNIA GO My_ Comm;,;,;~on,; ... Expires ~ WI/~~my hand and official seal. Rd'ber[a Ann Wolfe, Notary Public~ 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 A'FI'ACHED DOCUMENT DINDIVIDUAL [DCORPORATE OFFICER ~PARTNERS r-ILIMITED E]GENERAL DTRUSTEE(S) E]G UARDIAN/CONSERVATOR ~OTHER Quitclaim Deed and Authorization TITLE OR TYPE OF DOCUMENT ATTORN EY-IN-FACT Two NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Self May13,1999 DATE OF DOCUMENT Julie Fondario SIGNER(S) OTHER THAN NAMED ABOVE ~ %LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 13, ~.. ~ S~T,~ CLAP, A COUNTY ~, miss'ol n Expires ~ 1999, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Julie Fondario, 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 thatl she executed the same in her authorized capacity and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. W~O_.~SS my hand and official seal. I~oberta~n Wolfe, Notary Public 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 CIINDIVIDUAL r~CORPORATE OFFICER DPARTNERS E]LIMITED E]GENERAL E]TRUSTEE(S) E3GUARDIAN/CONSERVATOR r~OTHER Quitclaim Deed TITLE OR TYPE OF DOCUMENT ATTORNEY-IN-FACT Two NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Self May13,1999 DATE OFDOCUMENT Steven Fondario SIGNER(S) OTHER THAN NAMED ABOVE