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CC Resolution No. 08-033 Quitclaim deed for underground water rightsRESOLUTION N0.08-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM HAMID GHAZVINI AND ZIBA MANOUCHEHRIZADEH, HUSBAND AND WIFE AS JO1NT TENANTS, 21761 GRANADA AVENUE, APN 357-17-055 AND 357-17-056 WHEREAS, Hamid Ghazvini and Ziba Manouchehrizadeh, husband and wife as joint tenants, 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 "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 March, 2008, by the following vote: Vote Members of the City Council AYES: Sandoval, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 21761 Granada Ave APN: 357-17-055 and 357-17-056 Hamid Ghazvini and Ziba Manouchehrizadeh, husband and wife as joint tenants, hereinafter referred to as the "GRANTOR", this day of , 2008, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situated in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBITS "A" AND "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 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. OWNERS: ~, H id Ghazvini and Ziba Manouchehrizadeh, husband and wife as joint tenants - (Acknowledgment and Notary Seal Attached) ,; BAHRANII HASHEMZADEH ` '"s" ~ Commission # 1480258 `z ..~; ~ ~ .Notary Public -California Z ~ ; ~ . Sanfa Clara County ' My Comm. Expires Apr 2, 2008 F.XXF-BITA PARCEL 1 Situate in the City of Cupertino, County of Santa Clara, State of California. Being a portion of Lots H and J, Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April 11,19] 7 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Beginning at the southwestern corner of said Lot H; Thence from said point of beginning, along the westerly boundary of said Lot H North 0° 03' 26" West 44.79 feet; thence leaving said westerly boundary, South 89° 59' 22" East 44.00 feet; thence South 0° 03' 26" East 44.79 feet, a Iittle more-or-less, to the southerly boundary of said Lot 3; thence along the southerly boundary of said Lots H and J, North 89° 59' 22" West 44.00 feet to the Point of Beginning. G. N~• 561g gyp. ' ~•~3' K:1MS~FFtCbIW©RD~$yldescxiptiau1o6343 Brown Pared t.doc EXfIBITA PARCEL 2 Situate in the City of Cupertino, County of Santa Clara, State of California. Being a portion of Lots H and J, Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April l 1, 1917 in Book "F" of Maps at Page 24, Santa Clara County Records, and being more garticulazly described as follows: Commencing at the southwestern corner of said Lot H; thence along the westerly boundary of said Lot H North 0° 03' 26" West 44.79 feet to the True Point of Beginning; Thence from said true point of beginning, leaving said westerly boundary South $9° 59' 22" East 44.00 feet; thence North 0° 03' 26" West 55.21 feet, a little more-or--less, to the northerly boundary of said Lot J; thence along the northerly boundary of said Lots H and J North 89° 59' 22" West 44.00 feet, a little more-or--less, to the northwestern corner of said Lot H; thence along the westerly boundary of said I,ot H South 0° 03' 26" East 55.21 feet to the Trae Pout of Beginning. iC:1MSOFFICEIWORD~~ayldesc~ipiiasislp6343 Brown P~cel 2.doc E~fIB1TA PARCEL 3 Situate in the City of Cupertino, County of Santa Clara, State of California. Being a portion of Lots J and K, Block 3 as shown on that certain map entifled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April 11,1917 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Commencing at the southwestern corner of Lot H, Block 3, as shown on said map; thence along the westerly boundary of said Lot H North 0° 03' 26" West 44.79 feet; , thence leaving said westerly boundary South 89° 59' 22" East 44.00 feet to the True Point of Beginning, Thence from said true point of beginning, North 0° 03' 26" West 55.21 feet, a little more~or-less, to the northerly boundary of said Lot J; thence along the northerly boemdary of said Lots J and K South 89° 59' 22" East 31.00 feet, a little mare-or-less, to the northeastern corner of said Lot K; thence along the easterly boundary of said Lot K South 0° 03' 26" East 100.00 feet, a litdemore-or--less, to the southeastern corner of said Lot K; thence along the southerly boundary of said Lots J and K North 89° 59' 22" West 3 L00 feet; thence leaving said southerly boundary North 0° 03' 26" West 44.79 feet to the True Point of Beginning. K:IMSOFFlCEIWORDIja~+IdGSCriptior~st06343 Brcrwn Percocf 3-PLBLIC WORKS.doc L i~ 0 0 0 a W z c0 N icy O O 0 _ a~.oa ~as~s'22'w ~~.oo' 3~0~ ~ ~ ~X~llblt B PARt~L 2 I - -~ -'• c 2,429 SQ. FT. (CROSS} I .~ ~8 f ~ ~ a~ its Exp, p-1~~`~ G.~+~ ?~ . PROPOSED TWO-STORY RESIDENTIAL TO BE-CONSTRUCTED _ N 89'59'22" W I I ~~ ~I~ mI~ ~~ f I ~~ a ~' ~~~ aZ :~ I 3 f~ ~ t IC ~- ,~o,,,~ 6.0~ i •~ J 0 PROPOSED TWO-STORY, RESIDENTIAL TO BE CONSTRUCTED b o O W r N $ PROPOSED PARCEL 3 0 o° ~ ` 3,100 SQ. fT. (GROSS} o ~ 3 ~ ~~ ~'I ~ '~i ° PROPOSED PARCEL 1 ~ ~ 1,971 SQ. FT. (GROSS} I s u~aa ~~ PROPOSED TW0-S70RY ~ COMMERgAL /RESIDENTIAL ~ TO BE CONSTRUCTED is ~ N ~~ \• o ~~~ R ~ ~ z ~ ~o ~~o 'EAST L ~ R v~G `m. ~ ~~°° o ~o ~o I I 3'~RUIT [~ l ~~ r .~ . ~. GRANADA AVENUE (60') C NRC 31 ,°o_ 0 ~~ o N • ~ PROF~06FD DRIVEWAY II Q ze-~~ ~~ ~ I~ 0 . _ 31.00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i- L ss. County of (~~~~~ r~r C (,,2~t On ~~iC~ ~ ., ~s?c~~ before me, ~~~ Iz~crey! ~~~ l ~-tip ~ , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public's personally appeared ~r~~~i ~ ~ ~Lt~ ~i~i` ~,~~~~ bG f'~~r~~~ ~~~~~ Name(s) of Signer(s) ^ personally known to me C~roved to me on the basis of satisfactory evidence BAHRANIHASHEMZADEH f° ~ Commission # 1480258 Notary Public • Caifornia z :~® •~; ~ ~ Santa Clara County My Comm. Expires Apr 2, 2008 to be the person(s) whose name(s) is/are subscribed to the within instrument ana- 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 perso~s~, oror the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my handed off' ' I seal. C ~ ~~~, i `;; Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another documenf. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer is Representing: 8 1999 National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-BDO-676-6627