CC Resolution No. 99-302RESOLUTION NO. 99-302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM BLOSSOM-PASADENA LIMITED
PARTNERSHIP, A CALIFORNIA LIMITED pARTNERSHIP;
10155 PASADENA AVENUE, PARCELS 1 AND 2, APN 357-17-047
WHEREAS, Blossom-Pasadena Limited Partnership, a California Limited
Parmership has executed a "Quitclaim Deed and Authorization", which is in good and
sufficient form, quitclaiming all its 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
Qmtclmm 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 18~ day of October, 1999, by the following vote:
Vote
Members of the City Council
AYES: BurneR, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Cit~
APPROVED:
Mayor, City of
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-17-047
10155 Pasadena Avenue
Blossom-Pasadena L.P., a California Limited Partnership, hereinafter referred to as the
"GRANTOR', this I (-' day of c~ 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 other,vise 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:
Blossom-Pasadena L.P.
A California Limited Partnership
Sui Hwu, General Partner
(Acknowledgment and Notarial Seal Attached)
State of California )
County of flyanta Clara) (SS
personallyeappeared ~ .A"/~...
Nota~ Public,
(Seal)
~oved to me on the basis of satisfactory evidence) to be the persot~)~vhose namo~ is/age--
subscribed to the within instrament and acknowledged to me thatJae~sbe/they~executed the same i~s/her/their authorized
capacity(i~s-).r, and that by4'r~s/her/their signatu~ instrument the person(-sO'~r the entity upon be'half of which the
person(-s~cted, executed the instrument.
E HIi]tT A
PARCEL 1.
All that certain real property situate in the County of Santa Clara, Sate of California,
described as follows:
Beginning at the southwesterly corner of Lot L in Block 4, as shown on that certain Map of
The Resubdivision of Subdivision No. i, Town of Monta Visa, which Map was filed for
record in the office of the Recorder of the County of Santa Clara, Sate of California, in Book
P of Maps, page 24, records of said County;
Thence along the westerly line of said Lot North, a distance of I00.00 feet;
Thence along the Northerly line of said Lot North 89 Degrees 56 Minutes 46 Seconds West, a
distance of 64.00 feet;
Thence South a distance of 100.00 feet to the Northerly right of way line of Lomia Avenue;
Thence along said rights of way South 89 Degrees 56 Minutes 46 Seconds East to the Point of
beginning.
Containing 6400 S.F. more or less.
No. 4953
Expires 12-31-0~,
A PLOT TO ACCOMPANY A DESCRIPTION
~I£$TFALL ENGINEERS, INC.
EXHIB .B
I
LEQEND
EXISTINO LOT LINE
ADJUSTED LOT LINE
QENTEBL INE
No. 4953
(/~ be mmo~ed~ ~
PARCEL
ADJ. 6, +00 $.F.
L
M
L OMI TA A VENUE
STEVENS CREEl{ BL VD.
VIQINITY MAP
NO SCALE
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-17-047
10155 Pasadena Avenue
Blossom-Pasadena L.P., a California Limited Partnership, hereinafter referred to as the
"GRANTOR', this t o day of ~,~ 199ff_, 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 wl-dch 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:
Blossom-Pasadena L.P.
A California Limited Partnership
Sui Hwu, General Partner
(Acknowledgment and Notarial Seal Attached)
State of California )
County, of_~an~:lara) (SS
/
Emma R. Decker
Notary Public,
(Seal)
r proved to me on the basis of satisfacto~' evidence) to be the person(.r,-),-whose nameOsO' is/a~
subscribed to the within instrument and acknowledged to me tha~t,te~she/t~c.y executed the same in..his/her/theffauthorized
capacity~.~s~-'and that by4tis/her/thei* signature/es-)-on the instrument the person(~o')'7~ the entity upon behalf of which the
pe~sotl,gr)'Scted, executed the instrument.
PARCEL 2.
All that certain real property situate in the County of Santa Clara, Sate of California,
described as follows:
Beginning at the southeasterly comer of Lot M in Block 4, as shown on that certain Map of
The Resubdivision of Subdivision No. I, Town of Mona Visa, which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of California, in Book
P of Maps, page 24, records of said County;
Thence along said rights of way South 89 Degrees 56 Minutes 46 Seconds East a distance of
66.00 feet;
Thence leaving said right of way line North a distance of 100.00 feet;
Thence along the Northerly line of said Lot North 89 Degrees 56 Minutes 46 Seconds West, a
distance of 66.00 feet to the Westerly right of way line of Pasadena Avenue;
Thence along said right of way line South a distance of 100.00 feet to the Northerly right of
way line of Lomita Avenue and Point of beginning.
Containing 6600 S.F. more or less.
No. 4953
,.~pires 12-3'~_,
A PLO[ 70 AOCOdPANY A DESCRIPFION
WESTFALL ENGINEERS, INC.
EXHit B
L EQEND
L OMI TA A VENUE
STEVENS gREEK BLVD.
wI GRANAD~ A VENU~ ,~
~ ,,,~ ~ ~.
LOMITA AVENU~
VIOINITY MAP
NO SCALE