CC Resolution No. 9514RESOLUTION NO. 9514
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FROM KELLY - GORDON DEVELOPMENT CORPORATION,
APN 357-11-026,10217 BYRNE AVENUE
WHEREAS, Kelly- Gordon Development Corporation 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.
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 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 4th day of December, 1995, by the following vote:
Y= Members of the City Council
AYES: Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: Bautista
ABSTAIN: None
APPROVED:
�
Mayor, City of Cupertino
ATTEST:
City Clerk
0 0
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357 -11 -026
10217 Byrne Avenue
Kelly- Gordon Development Corporation, hereinafter referred to as the "GRANTOR',
this c- day of -Aalps�_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 "A7 &"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 WBEREOF, GRANTOR has executed this instrument the day and year
fast above written.
• n�
K y- on D !ht Corp.
A California Co ion
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 30, 1995, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Brian
J. Kelly, Jr., proved to me on the basis of
satisfactory evidence to be the person whose name
is subscribed to the within instrument and
acknowledged to me that he executed the same in
his authorized capacities and that by his signature
on the instrument the person, or the entity upon
ROBERTA ANN WOLFE behalf of which the person acted, executed the
Comm No• "=uit instrument.
NOTARY PUNIC . CALIFORNIA
SANTA CLARA COUNTY
L My Commission Expires June 11, 1997 WITt)f my hand and official seal.
cr�ovo�o�cx�oaoVG4W xs000*w
ignature of Notary IF
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
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE
❑PARTNERS ❑LIMITED
❑GENERAL
❑TRUSTEE(S)
❑GUARDIAN /CONSERVATOR
❑OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
Kelly- Gordon Development Corp.
DESCRIPTION OF ATTACHED DOCUMENT
Quitclaim Deed and Authorization
TITLE OR TYPE OF DOCUMENT
ATTORNEY -IN -FACT
4
NUMBER OF PAGES
October 30. 1995
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE
PARCEL TWO:
Lot 18 and a portion of Lot 17, as shown on that certain Map of Tract No. 150, which map was
filed for record in the office of the Recorder of the County of Santa Clara, State of California on
August 12,1940 in Book 5 of Maps, page(s) 4 and 5, and as approved by Lot Line Adjustment
recorded July 7, 1994 in Book N 510, page 0987, Official Records, described as follows:
Beginning at the Northeasterly comer of said Lot 18; thence along the Easterly line of said Lot
18, S. 64.00 feet to a point in the Easterly line of said Lot 17; thence .S. 89 degrees. 39,45" W.
197.20 feet to a point in the Westerly line of said Lot 17; thence N. 08 deg. 29130" W. 11.81 feet
to the most westerly corner of Lot 18; thence N. 03 deg. 16 30" E. 53.46 feet to the
Northwesterly corner of said Lot 18; thence N. 89 degrees. 57 31" E. 195.87 feet to the point of
beginning.
IAII plMt 1• 'or rwornUwn awy Ind is not a
•IIIY•y of th• I•no, nor a it • pKl of the tr/pl
d "Icy 10 wh,ch it nl(y t>• •tloch•o.
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