CC Resolution No. 9362
RESOLUTION NO. 9362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM PATRICK J. GEARY AND
TAMMY T, GEARY, 10164 CARMEN ROAD (APN 357-09-079)
WHEREAS, Patrick J, Geary and Tammy T, Geary, have executed a "Quitclaim
Deed and Authorization" which is in good and sufficient for, quitclaiming all their rights
in and authorizing the City of Cupertino, County of Santa Clara, State of Califomia, 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 California, as shown and
delineated on that certain map filed in the office of the County
Recorder of the County of Santa Clara on the 17th day of
April, 1917, in Book P of Maps at Page 18, all of Section 109-
A and portions of Section 82, 83, and 109.
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 19th day of June ,1995, by the following vote:
YQ1!: Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Sorensen, Burnett
None
Koppel, Dean
None
ATTEST:
APPROVED:
/s/ Kimberly Smith
City Clerk
/s/ Don Burnett
Vice Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-09-079
10164 Carmen Road
Patrick J. Gearv & Tammv T. Gearv hereinafter referred to as the "GRANTOR", this
j/ ~ay of M If V . l~ hereby grant, bargain, assign, convey, remise, release and
I
forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter
referred to as tite "GRANTEE", its successors and assigns, all the right, title, interest,
estate, claim and demand, botit at law and in equity, and as well in possession as in
expectancy of the GRANTOR as owner of all of section 109-A and portion of sections
82. 83 and 109 of titat certain subdivision of real property situate in tite 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 !Z!!! day of April. 1917 in
Book î of Maps at Pages ll, to pump, take or otherwise extract water ITom 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 tite GRANTOR and its
successors in ownership or overlying lands in the said lots to take ITom 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 notlting
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 of2
This assignment, conveyance and authorization is made for the benefit of all of
sections 109-A and Dortion of Sections 82.82 and 109 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:
#.J.- ',/ /J / ì /"/
f//~ r
Patrick], Geary
-!J~ ~, r-J-tll\Ár
Tantmy T. Geary
<Acknowledgement and
Notarial Seal Attached)
Page 2 of2
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF
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On tn'(j, 31. / r.jC) 5:efore me,
ATE
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personally appeared,
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personally known to me (or 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 acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ics). and that hy his/her/thcir signalurc(s) on the instrument the person(s). or the entity upon behalf of which the
person(s) acted. executed the instrumenl.
WITNESS my hand and oftïcial seal.
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0.'. SHIRLEY CLAYPOOL I
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OPTIONAL INFORMATION
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SIGNER(S) OTHER THAN NAMED ABOVE ~~.....
NUMBER OF PAGES b~ (2)
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CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF .:5tl-lc:fz:c....- L&V'"<---
On m'LtJ,,-!c I. / 'l'J!£fore me,
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personally appeared.
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personally known to me (or proved 10 me on the basis of satisfactory evidence) 10 be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity( ics), and (hat hy his{hcr/thcir sign:.tturc(s) on the instrument the person(s), or the enrity upon behalf of which the
person(s) acted. executed Ihe instrumenr.
WITNESS my hand and official seal.
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OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
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DATE OF DOCUMENT mO 31. /195' NUMBER OF PAGES ~J-tJ (z)
SIGNER(S) OTHER THAN NAMED ABOVE Pi.(;/;f;Z~ 8- ~('~