CC Resolution No. 9420RESOLUTION NO. 9420
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM F. ETTEFAGH AND ABDY
MIRZADEGAN, ORANGE AND OLIVE AVENUE, APN 357 -18 -030
WHEREAS, F. Ettefagh and Abdy Mirzadegan have executed a "Quitclaim Deed
and Authorization', which is in good and sufficient form, quitclaiming all their 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 California, 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 September , 1995, by the following vote:
Y= Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
AP R VED:
Mayor, City o Cupertino
ATTEST:
G
City Clerk
i •
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357 -1 8-030
Orange & Olive Avenue
F. Ettefaeh and Abdv Mirzade¢an, hereinafter referred to as the "GRANTOR', this i6+ j,
day of Au&K&199E 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 from 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 from 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 instruinent the day and year
first above written.
OWNER:
I a ifkM . Ett a
NOTARY K" CALFORM
smomanCK" Jl
tL W Cart Ey*u Jun. :6.1966
y Mft7 td
State of California )
County of Santa Clara )
On August 15,, 1995 , before me, Dariush
Gilani ,a Notary
Public of California , duly commissioned and
sworn ,personally
appeared:
Abdy Mirzadegan & Faraj Ettefagh
personally known to me ( or proved to me
on the basis of
satisfactory evidence ) to be the persons
whose names are
subscribed to the within instrument , and
acknowledged to me
that they executed the same in their authorized capacities , and
that by their signatures on the instrument the persons, or the
entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
DARIUSH B. GWWI 0
cc
3
d
Comm. 0 968265
NOTARY PMM • CALIF"
Su to Clan Cowdy
Signature
►►/ATM^ Exorn�un 2s. 1998
LEGAL DESCRIPTION
RamainAnr
Commencing at the southwest corner of Lot 1, as shown on the
Record of Survey filed on August 4, 1961 in Book 136 of Maps at
page 8, Santa Clara County Records, said point being on the north
line of Olive Street (50 feet wide); thence along the north line
of Olive Street 589'56130 "E, 5.00 feet to the True Point of
Beginning for the herein described parcel; thence leaving said
line north 97.70 feet to the south line of Sanchez as shown on
said map; thence along the south line of Sanchez N89 °56130 11W
30.00 feet; thence leaving said line south 77.72 feet; thence
through a curve to the left of radius 20.00 feet and a central
angle of 89'5613011, an arc length of 31.40 feet to a point on the
north line of Olive Street; thence along the north line of Olive
Street S89.56130 "E 10.02 to the True Point of Beginning.
APN 357 -18 -030
Containing 2,845 square feet more or less.
END OF DESCRIPTION
This description was prepared from record information and is not
based on a field survey.
The basis of bearing for this description is the same as that
shown in that Record of Survey filed August 4, 1961, in book 136
of Maps at page 8, Santa.Clara County Records.
1
a
�I
Ol
i
V
S..gg �3o�t
0
O n
ReaAi,vatR�
q `
ti
0
Aa'
R: ao.00 I
AIA/0 &A
T. P. O•D. s:w. coa.
Ab.O /CAT /OIi/ `OT eJ .
(JL l V_E
S S90 SG '30IEe
3•.voi e.f ��'J .MEA eF' O
DfQ/GAT/ oN h
7- ,OrAA. 4AE.+ 3909 SQ -A
AREA of DdDlci{TioN /o` ysq. FS
Ag-rA os' ?AM. 1AlUrA QSys' sy.FX
P� s .boy o