CC Resolution No. 01-015RESOLUTION NO. 01-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM AKVW INVESTMENTS, LLC,
10175 ORANGE AVENUE, APN 357-16-060
WHEREAS, AKVW Investments, LLC 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 the attached Exhibits "A"
and "13".
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 16th day of January, 2001, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAiN: None
ATTEST:
City Clerk
Mayor, City of Cupertint~-~/- .....
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-16-060
10175 Orange Avenue
AKVW Investments, LLC, hereinafter referred to as the "GRANTOR", this/~/! ~'
day of 20 OO ,, 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 instrumem
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.
OWNER:
A KVW'I'n.y es(__m e n t s,.].,l~
~9~7.~ ~~ /e_~.Z~
(Acknowledgment and Notarial Seal Attached)
EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM DEED
FOR UNDERGROUND WATER RIGHTS
Ail that certain real property situated in the City of
Cupertino, Couhty of Santa Clara, State of California, bein§ all
of Section/Lot 78 as shown upon "MAP OF SUBDIVISION 'A'-MONTE
VISTA" filed on April 11, 1917 in Book "P" of Maps at Pa§e 20
in the Office of the Recorder of said County and State.
Refer to EXHIBIT "A", Plat, which is hereby made a part of
this description.
Date: Sept. 15, 2000
Address: 10175 Oran§e Avenue
APN; 357-16-060
City File: 52,262
5 E ¢'T 10~/LOT 7'8,
¥80"48' 20"W ~0~./5 ~
I._ o M t"T A AVF___.
L 0 ~4 ~TA
EXIglSIT
PLAT OF- QUITCLAIhl pEED
F0E UI4DER~OU.I'4D' WATEr.
TO TP.E CIT~( OF CLIPEI2TINO, CA.
,4D/~RF-,...S5: 10l?~ O/RANG E AYE.
AP/d: $57-/~-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
personally appeared ~c~ /~ ~
~ personally known to me - OR -~proved to me on the basis of satisfacto~ evidence to be the person~
~ .~ whose name~ is/~ subscribed to the within instrument
ROBERT J. MAY ~
COMM. 1222579 ,.~
My C0m~. Expires MAY 30, 2003 ~
and acknowledged to me that I=~/she/tJ;~ executed the
same in.l~i~/herPC~ir authorized capacity.,Ce~), and that by
h~/her/t~,ir signature(~) on the instrument the person. J~),
or the entity upon behalf a the personics) acted,
executed the
WITNESS ~d official
Signature of Notary
Though the information below is not required b
valuable lo persons relying on the document and could prevent
to another document.
Description of Attached Docume,,n,t
Title or Type of Document: ~ L~
Document Date: /)_..~/f'7//E.~.J
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(g)
Signer's Name:
[] Individual :,j,,
[] Corporate Officer
Title(s): :
[] Partner -- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Number of Pages:
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Consqrvator
[] Other:
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Signer Is Representing: I?' Signer Is Representing: