CC Resolution No. 9156
RESOLUTION NO. 9156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM WENDY SIMONOVICH,
10185 AMELIA COURT
WHEREAS, Wendy Simonovich has executed a "Quitclaim Deed and
Authorization", which is in good and sufficient fonn, quitclaiming all her 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 in the attached Exhibit "A" and Exhibit "B", as
follows:
Ail that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, as shown and
delineated on the attached plat and description.
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 be and she 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 Is.t day of AUI!ust . 1994, by the following vote:
Yuœ
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the Ci~ Council
Bautista, Burnett, Dean, Koppel
None
Sorensen
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
Wendy Simonovich
10185 Amelia Court
APN 326-17-020
hereinafter referred to as the "GRANTOR', this jg day o~19i;ihereby 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 PLAT AND DESCRIPTION
to pump, take or otherwise extract water &om 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 &om 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 within said plat
and description.
IN WITNESS WHEREOF, GRANTOR has executed this instnunent the day and year
first above written.
OWNER:
w!:i:~£WncL
(Acknowledgment and
Notarial Seal Attached)
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
No. 5907
State of
County of
CALIFORNIA
SANTA ClARA
On
JUL 12 1994
before me,
AGUSTIN E. DE JESUS, NOTARY PUBLIC
NAME, TITLE OF OFFICER· E.G., ·JANE DOe, NOTARY PUBLIC·
DATE
personally appeared
WENDY SIMONOVICH
NAME(S) OF SIGNEA(S)
o personally known to me . OR - IKJ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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.
OFFICIAl" SEAL
Agustin E. De Jesus
TA,FlY PU8l1C CALIFORNIA
SANTA CLARA COUNTY
~ Comm Ex.... Mar 27 1"5
WITNESS my hand a",,~
~_r¿.=
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
~ CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TlTtEIS)
QUITCLAIM DEED & AUTHORIZATION
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAl
5 including this page
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
JUL 1 2 1994
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTTTY(IES)
None
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION· 8236 Remmet Ave.. P.O. Box 7184. Canoga Park, CA 91309- 7 t 64
Legal Description
The land referred to in this description is situated in the State of California, City of Cupertino, County of
Santa Clara, and is described as follows:
BEGINNING at an iron pipe on the Southerly line of that certain parcel of land described in the deed
trom W. L. Stapp, et ai, to Harry E. Allumbaugh, et ux, dated July 9, 1946, recorded July 16, 1946 in
Book 1352 of Official Records, Page 513, Santa Clara County Records, distant thereon South 83° ~O'
East, 100 feet trom the Southwesterly comer of that certain 10.06 acre tract ofland described in the deed
trom Amasa Eaton Company, a corporation, to John A Chuk, dated August 3, 1940, recorded August
17, 1940 in Book 993 Official Records, Page 591, Santa Clara County Records; running thence North 1°
21' West and paral1el with the Westerly line of the land so described in the deed to said Allumbaugh, et
ux, 80 feet; thence running South 83° 14' 30" East and parallel with the said Southerly line of the land so
described in the deed to said Allumbaugh, et ux, 139.56 feet to the said Easterly line of the land so
described in the deed to said Allumbaugh, et ux, running thence South 1° 06' East along said last named
line 80 feet to the Southeasterly comer thereof; running thence North 83° 14' 30" West along the said
Southerly line of the land so described in the deed to said Allumbaugh, et ux, 139.56 feet to the Point of
Beginning.
AP.N.: 326-17-020
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