CC Resolution No. 99-111RESOLUTION NO. 99-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM THOMAS D. AND
STEPHANIE L. DOWNEY, 10192 PENINSULA AVENUE, APN 326-22-023
WHEREAS, Thomas D. and Stephanie L. Downey 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 that certain
map filed in the Office of County Recorder of the County of Santa Clara
on the llth day of April, 1917, in Book P of Maps at Page 13, Block 1,
Sections 12 and 13.
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 19t~ day of April, 1999, by the following vote:
Vote
Members of the City Council
AYES: BURNETT, DEAN, STATTON, CHANG
NOES: NONE
ABSENT: JAMES
ABSTAIN: NONE
ATTEST:
APPROVED:
Mayor, City~ ~u~ertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-22-023
10192 Peninsula Avenue
Thomas D. Downey and Stephanie L. Downey, hereinafter referred to as the
"GRANTOR", thisc.~x/~/) day of /430(~1~ , 19~2, 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, ail 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 Block 1,
Sections 12 & 13, 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 Book P of Maps at Page 13, 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.
Page 1 of 2
This assignment, conveyance and authorization is made for the benefit of Block 1,
Sections 12 & 13, within the above described subdivision and shall bind the owner of
said lots within said subdivision.
1N WITNESS WHEREOF, GRANTOR has executed tlxis instrument the day and
year first above written.
OWNERS:
Thomas D. Downey
(Acknowledgement and Notarial Seal Attached)
Page 2 of 2
Commonwealth,
Land Title Company
O Fleliance
A Rehance Group Holdmss Company
STATE OF CALIFORNIA ) ss
COUNTY OF ~Ji~TT/~,/~ )
On A~'~)'L C'~. Ic~ be!ore n~e, th.e un~dersig~ned., ,a I~otary~Pub!i_c ~,an..d~for.said County
and State, personally appeared -~T/JorflAZ .~/), JJJOoor~"[ Pc~J3 _~'t'~t~ L.
O0,.~, -v/c_ 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 acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand
_ff/N..OTARY '
and official seal.
C~mm. #1071633 ~
STATE OF CALIFORNIA ) ss
COUNTY OF )
On before me, the undersigned, a Notary Public in and for said County
and State, personally appeared
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 acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
-THIS CERTIFICATE MUST ELE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
,'itle or Type of Docqment:
Date of Document:
Other Signer(s) than Name~,6ove: