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CC Resolution No. 9483RESOLUTION NO. 9483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM LOTUS DEVELOPMENT AND CONSTRUCTION CO., APN 357-17-104,10130 ORANGE AVENUE WHEREAS, Lotus Development and Construction Co. 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 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 1st day of June, 1990, in Book 614 of Maps at Page 27, Lot 4. 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 6th day of November, 1995, by the following vote: }(Qty Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None APPROVFD: Mayor, City of upertino ATTEST: City Clerk �, ... ,� . - . .,. � .�.� ,. ,. w a , r. , Iry ,� �F•. �,� QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS ,APN 357 -17 -104 10130 Orange Avenue Lootus Development & Consinction Co., hereinafter referred to as the "GRANTOR ", this 1-2- day of X195 S 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 Lot 4 of that certain subdivision of real property situate in the 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 1st day of June. 1990 in Book 614 of Maps at Paees 27 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. Page 1 of 2 This assignment, conveyance and authorization is made for the benefit of Lot 4 within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS VMEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: US DEVELOPMENT AND CONSTRUCTION, INC. QKXlWXK2kNMK Page 2 of 2 m.T„•.rcoa..c State of California SS. IAW sfhsr ur.rooa...° M_. % /�/j �+1Ou�os.mr.w►a.. County of On /a�e7 before me, Q Notary Public, personally appeared �i9R.Pt= personall nown to me (or proved to me on the basis of satisfactory evidence) t �hhelthey the person(s) whose name(s)� re� subscribed to the within instrument and ackn wledged to me tha executed the same in`i'l"9�r /their authorized capacity(ies), and that b hi r /their signaturee n the instrument the or the entity upon behalf of which the person(s) acceed, executed the instrument. person(s), Y WITNESS my and o cial seal. D. PATRICK W—AM—, Comm. 81036697 TAR`! P=c • CAUFORNIASignature (S�) S"`a"�`'OUWV 0 emm 1.0'es SW 4. IM •s FD -1 (RCvisCd 1/93)