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CC Resolution No. 00-113- RESOLUTION NO. 00-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM MAXINE ERLUND AND MIKE E. PHILLIPS, 10191 LEBANON DRIVE, APN 342-14-010 WHEREAS, Maxine Erlund and Mike E. Phillips have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all (his) their 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 174 day of April, 2000, by the following vote: Vote Members o__f the City Council AYES: Burnett, Chang, Statton NOES: None ABSENT: James, Lowenthal ABSTAIN: None ATTEST: City Clerk ~-, C~-ty2f Cupertlno QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-010 10191 Lebanon Drive Maxine Erlund and Mike E. Phillips, hereinafter referred to as the "GRANTOR', this day of /~rc~X 2000, 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: Maxine Erlund Mike E. Phillips CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SANTA CLARA On 31.MARCH 2000. beforeme, '7~'~C.l'F DtlD7TUK-NOTARY PUBLIC.--- , Date Name and Title of Ogioer (e.g., "Jane Doe, Notary Public") personally appeared MAXTNE F~I IIN~zN~TKF F.PHTI I ]PR.- ................... , Name(s) of Signer(s) ~ personally known to me - OR -~proved to me on the basis of satisfacto~ evidence to be the person(s) ' ~ whose name(s)~/are subscribed to the within instrument and acknowledged to me that ~c/chc/they executed the same in ~/their authorized capacity(les), and that by ~/their signature(s) on the instrument the person(s), ¢~ ZIGGI~ D'~',,,-1 or the entity upon behalf of which the person(s) acted, ~ ~ ---~-- ~~~A~m..1;~'~'~ executed the instrument. Though the information ~elow is not required by law, /~ ~ve v~ua~e to pe~ons relying on the document and could prevent fraudulent removal and reattachment~f lh~ form to another document. Description of Attached Document Title orTypeofDocument: QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHT'S. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ~i~lndividual Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1995 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 * Car~oga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A (DEDICATION OF UNDERGROUND WATER RIGHTS) All of that certain property situate in the City of Cupertino, Santa Clara County, California described as follows: Lot 10 of Block 1 as shown on the Map for Tract number 991 as recorded in Book 36 of Maps at page 53 Santa Clara County records. Containing 11,867 square feet more or less. \docs\erlund-h2o.doc L=25.84 ~:~o.oo ~ LEBANON DRIVE Delt:°T'37..]. L ~'~ L=26.83 R=50.O0 Delta=30'45'02" , \ \ Zl \ \ LOT 10 OF BLOCK 1 OF TRACT 991 BOOK .36 OF MAPS PAOE 5,3 ....+ _ SCALE: 1" = 20' \ \ \ \ \ \ \ NORTH 127.94 PI,AT TO ACCOMPANY EXHIBIT A FOR THE DEDICATION OF UNDERGROUND WATER RIGHTS EXHIBIT B