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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: Top of thumb here Signer Is Representing: I?' Signer Is Representing: