CC Resolution No. 9226
RESOLUTION NO. 9226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM LOIS GA VIGLIO, TRUSTEE
OF THE GA VIGLIO F AMIL Y TRUST, INITIALL Y CREATED ON
SEPTEMBER 22,1988, APN 326-50-13, 21 & 22
WHEREAS, Lois Gaviglio, Trustee of the Gaviglio Family Trust, initially created
on September 22, 1988, has executed a "Quitclaim Deed and Authorization", which is in
good and sufficient fonn, 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 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 7th day of November , 1994, by the following vote:
~
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the Ci~ Council
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
(JJ.l'laA]H DEED AND 1\IJ1IDUZATIœ
FeR ~ WATER RIGHl'S
APN 326-50-13, 21 & 22
IDIS GàVIGLIO, DUj'J:ISIS OF 'JBE GàVIGLIO FAMIIH DUj'1', :IHI:TIAUN æEATJ!D œ
~.J:rftI>U< 22, 1988, hereinafter referred to as the "GRAN'IOR', this .I.i{';-f-
day of '1
release am forever
19:1!t, hereby grant, bargain, assign, convey, remise,
quitclaim unto the CITY OF aJPERl'lliO, a municipal
COI:þ..u.dtion, hereinafter referred to as the "GRANl'EE", its SIJ''CeSsars am
assigns, all the right, title, interest, estate, claim am deman:i, both at
law am in equity, am as well in poss')Ssion as in expect:ancy of the
GRAN'IOR as owner of that certain real property situate in the County of
Santa Clara, state of California, am specifically described as follavs:
SEE EXHIBrr "A" & "B"
to p.mp, take or othe1:wise extract water fran the uOOergrouni basin or any
uOOergrouni strata in the santa Clara Valley for beneficial use upon the
lams overlYÍDJ said un:1ergrourñ basin, am GRANroR hereby llrevocably
authorized GRANl'EE, its su~sars am assigns, on behalf of the GRAN'IOR
am its S1~,ors in ownership or overlYÍDJ lams in the said lots to
take fran said un:1ergrourñ basin within the said lots any am all water
which the owner or owners of said overlYÍDJ lams may be entitled to take
for beneficial use on said lams am to supply such water to such owner or
owners or others as a public utility; provided, however, that nothin::J
contained in this instrument shall be deemed to authorize GRANl'EE to enter
upon any of the lots delineated upon the above described map or to
authorize GRANl'EE to make any withdrawal of water which will result in
damage to any bUlc1:ID:J or stJ:ucture erected upon said lots.
EXHIBIT A
,
QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS
o JIJ 0 j..)j
GRANTOR~JH LOIS GAVIGLI~ AND LOIS GAVIGLI;'- TRUSTEE OF THE
GAVIGLI~rFAMILY TRUST, INITIALLY CREATED ON SEPTEMBER 22,
1988.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
All that certain real property situated in the City of
Cupertino, County of Santa Clara, State of California, being
all of Lots 3, 4 18, 18A, 19, 19A, 22 and a portion of Lot 21
together with portions of Sylvan Way and Palo Vista Road, all
as shown upon that certain map entitled "MAP OF INSPIRATION
POINT, MONTA VISSTA", which map was recorded on April 11,
1917 in Book "P" of Maps at page 18, in the Office of the
Recorder of the County of Santa clara, State of California,
described as follows:
Beginning at the northeast corner of Lot 4 on the south-
er ly line of Cupertino Road ( former ly Stevens Creek Road)
distant southerly 20.00 feet from the centerline thereof;
thence along the dividing line between said Lot 4 and Lot 17A
SO ° 01' E 100.12 feet to the southeast corner of said Lot 4;
thence along the southerly line of said Lot, N89°53'W 49.92
feet; thence leaving said line and along the easterly line
of Lots 18 and 22 and the southerly prolongation thereof,
SO ° 01' E 240,32 feet to the northerly line of Stevens Creek
Boulevard as said line existed on or prior to August 1, 1994;
thence along said line the following three courses:
1) N89°51'35"W 78.11 feet;
2) S79°23'W 50.89 feet; and
3) N89°51'35"W 2.36 feet to the intersection thereof
with the centerline of Palo Vista Road (now abandoned);
thence along a non-tangent curve to the left, concave to the
southwest (the center of said curve bears S50041'50"W) having
a radius of 1000 feet through a central angle of 7°03'50" an
arc length of 123.39 feet; thence leaving said curve N43°38'05"E
(radial bearing) 20.00 feet to the westerly line of Lot 21;
thence along said line and the westerly lines sof Lots 19 and
19A Noo01'W 245.20 feet to the hereinabove referred to south-
erly line of Cupertino Road; thence along said line S89°53'E
250.34 feet to the point of beginning.
Containing 1.642 acres, more or less. Refer to EXHIBIT
B, PLAT, which is hereby made a part of this description.
Date: August 17, 1994
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 24, 1994 before, me, Roberta Ann Wolfe, Notary Public, personally appeared Lois
Gaviglio, Trustee of the Gaviglio Family Trust, Initially created on September 22, 1988,
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me
that she executed the same in her authorized
capacity and that by her signature on the
instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
~1:<SG<9G<9G<9G<9t<9I:<Sr:<!Jr:<!Jr:<!JG<9r:<!J~
íI 'ROBERTA ANN WOLFE 8
I ~ Camm. No. 996834 »
í,t, ~'f'M.:':¡¡ NOTARY PUBLIC CALIfORNIA ~
f. \¡;;;"~' SANTA CtARA COUNTY ã
,~ My¡ Commì..ìon Expìres June n, 1997 !t
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S my hand and official seal.
L
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
DESCRiPTION OF ATTACHED DOCUMENT
DINDIVIDUAL
DCORPORATE OFFICER
TITLE
DPARTNERS
Grant of Easement for Roadway Purposes
TITLE OR TYPE OF DOCUMENT
DLlMITED
DGENERAL
¡zfmUSTEEIS)
DGUARDIAN/CONSERV A TOR
DOTHER
ATTORNEY-iN-FACT
3
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYIIES):
Gaviglio Family Trust
October 24. 1 994
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE