CC Resolution No. 99-247- RESOLUTION NO. 99-247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM PETER GWOZDZ AND BARBARA
GWOZDZ, GEORGE MCCUTCHEON AND GWEN MCCUTCHEON, 10351 BYRNE
AVENUE, APN 357-12-028
WHEREAS, Peter Gwozdz and Barbara Gwozdz, George McCutcheon and Gwen
McCutcheon, 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 17th day of May, 1940, in Volume 4 of Maps at Page 43.
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 16c~ day of August, 1999, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cpertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-028
10351 Byrne Avenue
Peter Gwozdz and Barbara Gwozdz, George McCutheon and Gwen McCutcheon,
hereinafter referred to as the "GRANTOR", this~,~J day of ~_--'~,~ ~,~ , 19~]~
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 Lot 3, 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 17th day
of May, 1940 in Vol. 4 of Maps at Page 43, 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 0/'2
- This assignment, conveyance and authorization is made for the benefit of Lot 3,
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:
Peter Gwozdz
Bl{rbara Gwozdz '
Ged]rge M~utheon
Gwen McCutheon
(Acknowledgement and Notarial Seal Attached)
Page 2 of 2
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
SANTA CLARA
COUNTY OF
06/22/99 *BARBARA BRYANT*
On before me, notary public,
*PETER GWOZDZ, BARBARA GklOZI)Z~ GEORGE MCCUTCMEON AND GWEN*
personally
appeared
proved to me on the basis of sa~shcto~ 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.
my hand and official seal.
CAPACITY CLAIMED BY SIGNER
X
__ INDMDUAL
CORPORATE OFFICERS
Title(s):
__PARTNER(S) LIMITED
__ GENERAL
__ ATtORNEY-IN-FACT
__ TRUSTEE(S)
__ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONiS) OR ENTITY{IESI
DESCRll~ION OF ATTACHED DOCUMENT
Title Or Tvr)e Qf Document:
QUITCLAI'Pt DfE~D & AUTH FOR WAILER RIGHTS
Number Of Pages:
Date Of Document:
06122/99
Signer(s) Other Than Named Above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED
LF.-76 (06/94]