CC Resolution No. 9467• •
RESOLUTION NO. 9467
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FROM BOBBY G. BELL AND RITA R. BELL; 10120
ORANGE AVENUE, APN 357 -17 -079
WHEREAS, Bobby G. Bell and Rita R. Bell have executed a "Quitclaim Deed
and Authorization', which is in good and sufficient form, quitclaiming all their rights in
an 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.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
"Quitclaim Deed and Authorization" so tendered; and
BE IT 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 16th day of October, 1995, by the following vote:
Y= Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
APP OVED:
Mayor, City upertino
ATTEST:
City Clerk
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
10120 Oranee Avenue
APN 357 -17 -079
Bobby G. Bell & Rita R. Bell hereinafter referred to as the "GRANTOR', this 31sday of Aug.
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 EX UBIT "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 instrument the day and year
first above written.
Bobbyg Befl
Rit+ a Be �•
•
EXHIBIT A
(APN 357- 17 -79)
All of that real property lying within the limits of incorporation of the
City of Cupertino, California described as follows:
BEGINNING at the Northeast corner of Lot "E" in Block 4 as shown upon that
certain map entitled " Resubdivision of Subdivision No. 1 Town of Monts.
Vista" as recorded in Book P of Maps at page 24 Santa Clara County records;
thence along the North line of said Lot E West 150 feet to the center line
of Orange Avenue, 30 feet wide, as shown on the above mentioned map, said
Orange Avenue being vacated by Resolution No. 5929 of the City Council of
the City of Cupertino; thence along said center line South 40 feet; thence
East 150 feet to a point in the East line of the above mentioned Lot E;
thence North 40 feet to the POINT OF BEGINNING.
Containing 6,000 square feet and being a portion of the above mentioned Lot
E.
(Quit claim of water rights)
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ORANGE A VENUE
NORTH wo
40.00' KN 40.00' �� o
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L 40.00'
EXHIBIT B
A
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• •
State of California
County of Santa Clara
on August 31, 1995 before me, the undersigned, a Notary Public in and
for said State, persalally appeared Bobby G. Bell and Rita R. Bell
personally ]mown to me (or proved to we on the basis of satisfactory evidence
to be the person(s) whose names) is /are subscribed to the within instrunent
and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the
instrunent the person(s), or the entity upon behalf of which the persm(s)
acted, executed the instrunent.
WTRN'SS my hand and official seal.