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CC Resolution No. 03-169RESOLUTION NO. 03-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JO S. MAJOR AND DIANN M. MAJOR, HUSBAND AND WIFE, AS JOINT TENANTS, 10260 STONYDALE DRIVE, APN 326~37-027 WHEREAS, Jo S. Major and Diann M. Major, 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 15o' 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: ~axPROVED: F~ ~- QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-37-027 10260 Stonydale Drive Jo S. Maior and Dinnn M. Major, husband and wife~ as Joint Tenants, hereinafter referred to as the "GRANTOR", this ~_~ day of J~ '~t...~ .~.~ . 2003, 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 Lot 19 of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 25th day of April 1960 in Book 119 of Maps at Page 32~ 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 authorize GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of 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 Lot 19 within the above described subdivision and shall bind the owner of said lot within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNER: S. Major iann M. Major (Acknowledgment and Notarial Seal Attached) ] ~ Santa Clara CounIy CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of ~4:~/_..//~--~ ///~. County of _._~/,,/~./r.. _~/_~/~'.,,~-' On C~..~ %A ~/~ ~- c~(~2._~ before me, ~/~ ~~ personally appeared ~ f~ ~~ ~ersonally known to me - OR - ~ proved to me on the basis of satisfacto~ 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. 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(s) 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 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 994 National Notar7 Association · 8236 Remmet Ave., P.O. Box 7184 · Can~ga Park, CA 91309-7184 Prod. No. 5907 Reorden Call TolI-Fcee 1-800-876-6897