CC Resolution No. 99-304- RESOLUTION NO. 99-304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM OPTIMUM INVESTMENTS LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY; 21870 ALMADEN
AVENUE, APN 357-15-029
WHEREAS, Optimum Investments LLC, A California Limited Liability
Company, has executed a "Quitclaim Deed and Authorization", which is in good and
sufficient form, quitclaiming all its 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 the attached
Exhibits "A" and "B".
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 18th day of October, 1999, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Cit~~-~
Mayo'S, '~rity o~u~'~rtino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-029
21870 Almaden Avenue
Optimum lnvestments'LLC, a California Limited Liability Company, hereinafter
referred to as the "GRANTOR', this day of 1999_, 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.
(Acknowledgment and Notarial Seal Attached)
OWNERS:
Optimum Investments Company
A California Limited Liability Company
Martha Kan~
EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM DEED
FOR
UNDERGROUND WATER RIGHTS
All that certain real propety situated in the City of Cupertino,
County of Santa Clara, State of California, being a portion of
Section/Lot 101 as shown upon that certain Map entitled "MAP
OF SUBDIVISION 'A' - MONTA VISTA", which Map was filed for
record in Book (Volume) "P" of Maps at page 20, Santa Clara
County Records.
Date: September 2, 1999
APN: 357-15-029
Address: 21,870 Almaden Ave., Cupertino
Prepared by: Edward J. Hahamian, Civil Engineer
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CAI I FORNIA
Countyof gANTA CLARA.
On ~TH
personally appeared
1999 beforeme, ZIGGIE DUDZIUK-NOTARY PUBLIC.
MARTHA KANG.- ...............
Name(s) of S~gner(s)
[] personally known to me - OF{ ~/proved to me on the basis of satisfactory evidence to be the person,~)
whose name~) i~subscribed to the within instrument
and acknowledged to me that b~/she/.~y executed the
same in ~/ber/t~ir authorized capacity~), and that by
~~~ ~/her/t~r signature~ on the instrument the erson
O~r h. ,~ ~.~.(JE DUDZ UK~ or the entity upon behalf of wh ch the erso~ ac~)'
~ . .... : ~: . P d
.... ~,' ~'~ '~'~i)NOr~ ~1095789 ~ executed the Instrument
~-~.,;.:~ ~ITNESS my hand,nd off~eal
~. me mrormat~on belo~/~,~[,~?ulYed b~la~ ~y~ve valuab~/ - l/to ~emons relying on the d~ume ' and ~.1~
........ .~ removal ano re~ment of th~ 7orm-to another document. ~t ........
Description of AEached Document
TitleorTypeofDocument:~.UiTCLAiH DEED AND AUTORI'ZAT]'ON F(3R IINIbFRR~,ntlr)
WATER RIGHTS.
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
lndividual
Corporate Officer
Title(s):
E? Partner-- [] Limited [] General
[] Attorney-in-Fact
,~Trustee
L~ Guardian or Conservator
I.j Other:
Signer Is Representing:
lop ol Ihumb here
Signer's Name:
_ Number of Pages:.
[] Individual
[] Corporate Officer
Title(s): _
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
FJ Other:
Signer Is Representing:
Canoga Park, CA 91309-7184 Pr~:~d NO 5907 Reorder: Call Toff-Free 1-800.876,6827