CC Resolution No. 9213
RESOLUTION NO. 9213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM SUMMERHILL MONTA VISTA
LTD., TRACT NO. 8657, STEVENS CREEK BOULEV ARD/MANN DRIVE
WHEREAS, Summerhill Monta Vista Ltd. has executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming all its 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 that certain map of Tract No. 8657 filed in
the office of the County Recorder of the County of Santa Clara
on the 21st day of September, 1994, in Book 658 of Maps at
Pages 40 and 41.
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 17th day of October, 1994, by the following vote:
YQk
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
TRACT 8657
Stevens Creek Boulevard
Summerhill Monta Vista Ltd.
hereinafter referred to as the "GRANTOR", this zï day of September. 19.2j
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 TRACT 8657 of that certain subdivision of real property situate in the Country 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 21s t th day of
September. 1994 in book 658 of Maps at Pages 40 & 41 . to pump, take
or otherwise extract water fÌ'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 fÌ'om said undergroùnd 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;
pro.vided, 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.
Page 1 ofl
This assignment, conveyance and authorization is made for the benefit of TRACf
8657 within the above described subdivision and shall bind the owner of said lots within
said subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
SUMMERIßLLMONTA VISTA LTD.
A California Limited Partnership
BY: SUMMERIßLLMONTA VISTA INC.
A California Corporation, its General Partner
BY:
(Acknowledgement and
. Notarial Seal Attached)
Page 2 ofl
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
No. 5907
State of California·
County of Šanta Clara
On September 28, 1994 before me, Briana Perkins, Notary Public
DATE NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared
Eric W. Nielsen
NAME(S) OF SIGNER(S)
[J¡ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(M whose nameK~ is/itV'~
subscribed to the within instrument and ac-
knowledged to me that heJ$hè/tJ'1.é~ executed
the same in hisQ11~r/mE1'il authorized
capacitY0éšY, and that by his/m/~f
signature(.Sy on the instrument the person(~.
or the entity upon behalf of which the
person~sY acted, executed the instrument.
¡ _BRIANA PERKINS ~
_ COMM. # 1028644
g NOTARY PUBLIC :1!
11: CALIFORNIA C5
SANTA CLARA COUNTY -
t EXPIRES JUNE 5, 1998 t
WITNESS my hand and official seal.
~~
SIGNATURE OF NOTARY
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
o INDIVIDUAL
lXI CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Quitclaim Deed and Authorizatio
for Underground Water Rights
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
Two paqes
NUMBER OF PAGES
o ATTORNEY-iN-FACT
o TRUST~E(S)
o GUARDIAN/CONSERVATOR
o OTHER:
September 271 1994
DATE OF DOCUMENT
SiGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
SummerHill Monta Vista Inc.
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION· 8236 Remmet Ave., P.O. Box 7184· Canoga Park, CA 91309·7184