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CC Resolution No. 9352 RESOLUTION NO. 9352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM THE LINDY GROUP, A CALIFORNIA CORPORATION, DOLORES AVENUE CAPN 357-14-040 AND 041) WHEREAS, The Lindy Group, a California Corporation, 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 in the attached Exhibit "A" and Exhibit "B", 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 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 5th day of June , 1995, by the following vote: YQ1!: AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista, Burnett, Koppel, Sorensen, Dean None None None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kimberly Smith City Clerk QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS Dolores Avenue APN 357-14-040 & 041 The Lindv Group. a California corporation hereinafter referred to as the "GRANTOR', this _ day of 199~ 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 that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" & "B" 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 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 instrument the day and year first above written, OWNER: <Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT No 5907 State of California County of Santa Clara On May 18, 19.95 DATE before me, Ruth A. Taketa. Notary Public NAME, TITLE OF OFFICER· E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared Dennis Pabooj ian--------------_______________________________, NAME{S) OF SIGNEA(S) [] personally known to me - OR . 0 proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/&Fe- subscribed to the within instrument and ac- knowledged to me that he/sRe/tRey executed the same in his/RerJtReir authorized capacity~, and that by his/ qer.'tRsir signature(-e1- on the instrument the personfet. or the entity upon behalf of which the person~ acted, executed the instrument. ~ ~ ~ ~ . ~ - ~ . - - ~ - ~I 1@.RUtHA.TAlCETA - . COMM.#1016153 I ~ ,-~ Notary P\dc - CaI1anIa _ . SANTA ClARA COUNtY L ~ ~ ~ ~:",:m,~~~3~~ ., WITNESS my hand and official seal. ~.dû /J. 04hLi: 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 [KJ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) Quitclaim Deed and Authorization for Underground Water Rights APN 357-14-040/357-14-041 TITLE OR TYPE OF DOCUMENT President o PARTNER(S) o LIMITED o GENERAL 4 (four) o AlTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES . DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) The Lindy Group SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION· 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 :". \ EX HlIllT - A - LEGAL DESCRIPTION THAT CERT AIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: ALL OF SECTIONS (LOTS) 150. 151. 152. 160 AND 170 AS LAID DOWN, DESIGNATED AND DELINEATED UPON THAT CERT AIN MAP ENTITLED, "MAP OF SUBDIVISION "A" MONT A VISTA". AND WHICH SAID MAP WAS FILED FOR RECoim IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANT A CLARA, ST ATE OF CALIFORNIA ON APRIL 11. 1917 IN BOOK "P" OF MAPS, PAGE 20. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 152. ALSO BEING AN ANt;LE POINT IN ANNEXATION "DOLORES A VENUE 88-13"; THENCE ALONG THE NORTHERL r LINE OF LOTS 152, 151 AND 150 AND THE CITY LIMITS LINE OF SAID ANNEXATION "DOLORES A VENUE 88-13" AND ALSO ANNEXATION "OOLORES A VENUE 82-02", N 89'46' E 300.45 FEET TO THE NORTHEAST CORNER OHOT 150 AND A CITY LIMITS LINE DESIGNATED ANNEXATION "FUCHS 76-4"; THENCE ALONG SAID AFORE MENTIONED ANNEXATION AND THE EASTERLY LINE OF SAID LOT 150. SOUTH 90.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 150 AND A CITY LIMITS LINE OF ANNEXATION "McCLELLAN 78-5": THENCE ALONG SAID AFORE MENTIONED ANNEXATION AND THE SOUTHERLY LINE OF LOT 150, S 89'31' W 100.1.5 FEET TO AN ANGLE POINT THEREIN AND THE NORTHEAST CORNER OF LOT 160: THENCE CONTINUING ALONG SAID ANNEXATION "McCLELLAN 78-5" AND THE EASTERLY LINE OF LOT 160 AND LOT 170, SOUTH 218,42 FEET TO THE SOUTHEAST CORNER OF LOT 170 AND AN ANGLE POINT IN ANNEXATION "HOWELL 76-9"; THENCE ALONG SAID AFORE MENTIONED ANNEXATION, S 89"46' W 25,04 FEET TO THE SOUTHWEST CORNER OF LOT 170: THENCE ALONG THE WESTERLY LINE OF LOT 170, NORTH 109,21 FEET TO THE NORTHWEST CORNER THEREOF AND THE SOUTHERLY LINE OF LOT 160: THENCE ALONG SAID SOUTHERLY LINE OF LOT 160, S 89'46' W 75.11 FEET TO THE SOUTHWEST CORNER OF LOT 160 AND AN ANGLE POINT IN ANNEXATION "McCLELLAN ROAD 88-06": THENCE ALONG SAID LOT 160 AND THE AFORE MENTIONED ANNEXATION. NORTH 1 09.21 FEET TO THE SOUTHEAST CORNER OF LOT 152: THENCE ALONG THE AFOREMENTIONED ANNEXA nON AND THE SOUTHERLY LINE OF LOT 152, S 89'46' W 100.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 152: THENCE ALONG THE WESTERLY LINE OF LOT 152, NORTH 90.82 FEET TO THE POINT OF BEGINNING AND CONT AINING APPROXIMA TEL Y 40,959 SQUARE FEET. J.M,H, #3348 JENNINGS, McDERMOTI· HEISS, INC. ". CIVIL ENGINEERING· LAND PLANNING ~I >- CD , ~-~~ ------.- --1__ N ßq·4ª·~_ . n,' ~~,!J~ McCLELLAN PROPER I y - J,M H 32045:--..,,- 3::148 o-"J LOT 7~ :J .... ~. IJ .J - o 10 II : - ~ w :::> z w ~ (J) (J -;:0 (~ .- , tJ_ .....t <t ~~ ~! L' 'I, . ~ '" '" ,. (' :. I ¡.\PN -H:-, 14 "()" ':\..1' ~ ·ll , ,.or 59 Sege46'W 100.15 ,J' ..... :! .'t "- APN ."''''-, _14 ·O<~'''' '" .... I T:1 (" /for (' -' . ~ -T- 1'- LÎ' f<", .. . r LOT 110 ; h APN U,7'14-00'" ......' ." tOT r 5W31 I I l IN '. fII IÑ AF'N 357- !4..{)48 W 100.15 g 9 - g o <t- o I'- to rQ 'I x ~ ~ -;? .- 0_ <¡ III ... ,. 0' .J I) .., ~. <.' _J i'. .. .> ~ (' _J 2' u..';/' <t .~. 1'- If 1") LOT 152 LOT 151 LOT 150 APN ---------357 - 1\-040-- -T...jr- .--- <" .~ ~. r.- .0 w ~ z « a:: o w ::) Z W ~ - - I" , '-3-20.~1 -r DOLORE~ I .~ '~