CC Resolution No. 03-157RESOLUTION NO. 03-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM STEVEN MAYHEW AND
JEANETTE MAYHEW, TRUSTEES OF THE MAYHEW FAMILY TRUST
INITIALLY CREATED ON NOVEMBER 20, 2001
21691 LOMITA AVENUE, APN 357-17-023
WHEREAS, Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew
Family Trust initially created on November 20, 2001, 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 Califomia, 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 2na day of September, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
ATTEST:
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-17-023
21691 Lomita Avenue
Steven Mayhew and Jeanette Mayhew~ as Trustees of the Mayhew Family Trust
initially created on November 20~ 2001, hereinafter referred to as the "GRANTOR",
this ~-~-ay of ~t..t~dd'~2003, hereby grant, bargain, assign, convey, remise,
release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation,
hereinafrcr 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 thc GRANTOR as owner of that certain real property situate in the
County of Santa Clara, State of Califomia, 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 with/n said plat
and description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year
first above written.
OWNERS:
StevenMayhew
(~i~ette Mayhew
(Acknowledgment and Notarial Seal Attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~
County of ~"~'~ ~___/~r"-~/~ ..~ ss.
On4~l ~bef°re me, l~. o~~ ,
personally appear~~ ~ ~~ ~~)~ ~
~rsonally known to me
oved to me on the basis of safisfacto~
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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document,
Descr pt on of Attached.~cument
~fle or Type of Document: {---~ I' 'Jr "--U~-/~ I~'~
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] individual
[] Corporate Officer -- ~tle(s):
[] Partner -- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer is Representing:
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