CC Resolution No. 99-316- RESOLUTION NO. 99-316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KENNETH A. CLARK,
10151 AMELIA COURT, APN 326-17-022
WHEREAS, Kenneth A. Clark has executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming all his 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
"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 Is' day of November, 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 C~tpertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-17-022
10151 Amelia Court
Kenneth A. Clark, hereinafter referred to as the "GRANTOR', this 7~Aday of~999
, 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 fi.om 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 fi.om 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.
Kenneth A. Clark
Acknowledgment and Notarial Seal Attached)
EXHIBIT A
LEGAL DESCRIPTION
APN 326-17~022
Beginning at a point on the Southwesterly line of that certain 10.06 acre tract of land described
in the Deed from Amasa Eaton Company, a corporation, to John A. Chuk, dated August 3,
1940 and recorded August 17, 1940 in Book 993 of Official Records, page 591, Santa Clara
County Records, distant thereon South 41 Degrees 27 Minutes East a distance of 103.91 feet
from the Southwest corner thereof;
thence from said Point of Beginning and leaving the Southwesterly line of said 10.06 acre
tract, South 83 Degrees 17 Minutes 00 Seconds East a distance of 171.63 feet to a point where
the Westerly line of that certain 0,202 acre tract described in the Deed from L. W. Northon, et
ux, to W. L. Stapp, et al, dated September 12, 1945 and recorded September 13, 1945 in Book
1287 of Official Records, page 387, Santa Clam County Records, if prolongated, Southerly
would intersect the same; thence along the Southerly prolongation of said 0.202 acre tract,
South 01 Degree 08 Minutes 00 Seconds ~t a distance of 176.61 feet to the Southwesterly
line of said 10.06 acre tract; thence along the Southwesterly line of said 10.06 acre tract,
North 41 Degrees 27 Minutes 00 Seconds East a distance of 262.59 feet to the Point of
Beginning of this description.
Excepting therefrom an Ingress and Egress Easement as recorded on July 24, 1945 in Book
1266, page 516, Official Records of Santa Clam County, California.
Also excepting therefrom a roadway dedication for Crescent Road.
No. 4953
£XHI~IT B
R-'~O'
40'
No. 4953
WESTFALLENGINEERS INC.
CONSULTING ENGINEERS
14583 Big BosinWoy, Sorotogo, Co. 95 070
California Acknowledgment
State of California
County of Santa Clara
On OcJ'~o,~t,'- 7~ 1999, beforeme, /~'~/ _ff
personallyappeared ~'~n~_~/n ~.. ~'/Lr~Z
)~fpersonally 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 and official seal.
Description of Attached Document
TitleorTypeofDocument: (~'~r' fat /~ .b~ee-~ ~z/~ /~t~7~ ~r,'~a ~Z,'an
Document Date: O e7¢0 be ~' '7/ g ? t?~ "/ Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name: .t~e, tnt~' ~A t~.
.~ Individual
[] Corporate Officer
Title(s):
[] Panner -- [] Limited [] General
[] Attorney-in-Fact
c~ Trustee
~ Guardian or Conservator
c~ Other:
Signer is Representing:
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