CC Resolution No. 9531 . , ~ ~ ~
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'I RESOLUTION NO. 9531
I A RESOLTJTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM JOHN M. GATTO AND
PATRICIA MARIE DOWD; APN 326-35-058, ]0641 MADERA DRIVE
WHEREAS, John M. Gatto and Patricia Marie Dowd hnve executed a"Quitclaim
Deed and Authorization", which is in good and sufficient form, quitclaiming all their
rights in nnd suthorizing the City of Cupertino, County of Santa Clara, State of
Califomia, to extract water from the underground basin, underlying that certuin real
property situate in the City of Cupertino, more particulurly described in the attached
Ext?ibit "A" and Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
"Quitclaim Deed and Authoriwtion" so tendered; and
IT [S FURTHER RESOLVED that the City Clerk is hereby authorized to record
said "Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOP7'ED at a regular meeting oFthe City Council of the City of
Cupertino this 2nd day of January,1996, by the following vote:
y~ Members of the Citv o m il
AYES: Bautieta. Chang, Dean, Sorenaen, Burnett
NOES: None
ABSENT: None
ABSTAM: None
ATTEST: APPROVED:
Z`~. i
~-'~'r'
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City Clerk Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZ~ITION
FOR UNDERGROUND WATER RIGHTS
APN 326-35-058
10641 Madera Drive
I
~ ~ohn M. Gatto snd Patricia Marie Dowd hercinaRer nfwred to as the "GRANfOR',
thi~ day of 1~Or. 1995 hereby grant, bargaiq assign, convey~ remisq release and
forever quitclaim unto the CTTY OF CUPERTIIVO, a municipal corporation, hereinaRer
referred to as the "GRANTEE", its successors and assigns, all the right, tide, interest,
estate, claim and demand, both at taw 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 speciScally described as follows:
SEE ATTACI~D EXEIIDIT "A„ 8c •B"
to pump, take or otherwise extract water from the underground basin or aay undergronnd
strata in the Santa Clara Valley for bene6cial use upon the lands overiying aaid
underground basin, and GRANTOR hereby irrevocably authoriud GRATTI~E, 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 ownas of said overlying lands may be entitled to take
for bene6aal use on said lands and to supply such water to such ovmer or owners or
others as a public utility; provided, however, that nothing contained in this instrument shall
be deemed to authoriu GRANTEE to enter upon any of the lots delineated upon the
above described map or to suthoriu GRANT'EE to make any withdrawal of water which
will result in damage to any building or stcucture erected upon said lots.
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Thia assignment, conveyance and authorization is made for the bene6t of lots within the
above descdbed ptat and desaiption and ahall bind the ownec of said lots within said plat
and desctip6on.
IN WITNESS WHEREOF, GRANPOR hat acavted this instrument the day and year
first above tvritten.
OWNER;
h-
o tto
' ~
Patnc~a Mane ow
(AcIrnA
owlcdgma~t and
Notarial5est Attecl~e~
s~~~ oc California
~~~y o~ Saata Clara
Op November 8. 1995 ~(ore me, Seana 2l. Frey
0~7H NMQ lilld 0/ OPPICB¢ - 60.'IAtm D04 MO~ARY IUWC
pcrsonally appeued Patricia Marie Dovd
M~f~ 4 Y~m
PcrsonaUy imown b~- OR }mwed b me on ~Le buis of satlsfaaory evidence b be the pason(s) whoso wme(s)
is/are wbscribod b We within iastrument and
~ciwowledged b me Uut keJahe/they euecuted We
aame in 6h/her/Iheir auWorized ca}ucity(iea~ and Wat
by hiafiedtdeic signature(e) on We fnstrument We
pasoa(s), w t6e eoUty upon bchalf ot whlch the
pusoa(s) octed, ezecuted ILe iostnimen~
I
$EANA M. FREY my haad and officlal .
COMM. #975854
t~ • NotNtr PUBUC-CN~~~ aaN,.na~.vwr~a
r SN(TACUiRACWNN
yy Comm, Expres Od. 21.1996
DESCRIP170N OF ATTACAED DOCUMENT
Quitclaim Deed
uoa~mn a ooc~am~r~anauy
State of _ California
COl41ty ot Santa .la a ~
~n _November 9. 799 be[ote me, Constance B Sevmour
°`'m wuat mu a on~ . aa ~ws oo~ eiouar ru~uc
pcrsonally appcarcd John M. Gatto
M~P1 ar m~p~
~ peasonallr lmown a me - oR pmvoa a me on the na4b ot aatis6aory eviaonce w te m¢~(s) wnaee na~rt
{s)
.17/ue aubscribed b We wit6lu instrument and
aclmowledged b me tha~y4s6Nt6ey ezecuud tde
aune In hisJLer/Weit wlLorizaf
~a~ac'ty(ies~ and lhat
by p,/L
h~er/thelr simuture(s) on the instrumeat ihe
~(a~ or 1be enUty upon behalf of which the
.pUSOn(s) acted acecuted the iattrumenG
WPI'NESS my huid and offkial aeal.
COI~UqCE l llyllp~~
s y~ C+OA~L ~ 1~{li~ ~
: SAMA CtARA ~ ~tuu w ~ar
My Comm. E~« ~pp 10.1N~ DFSCRIP170N OF ATTACHED DOCUMEPIT'
Quitclaim Deed
oasarnna~ aPnon~rr~arnaHnt,~
_ _
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, The land referred to in this poiicy is situated in the County of Santa Clara, City of Cupertino,
State ot Giitomia, and is described as follows:
HEGINNING at an iron pipe set nt the intersection of the center line o! ' ,
Peninaulac Avenue and Caroline Drive, as said Avenue and drive are shown on that
certain Map of Tract i801, Homestend Villa, which Map was filed in Book 33 at
pages 16 and 17, Official Records of Santa Clara County, Califocnias thence from
said point of beginning and running along the centerline of Peninsular Avenue,
North 46° 10' 43" Weat, 125.00 feet; thence leaving said center line and cunning
South 43° 89' 17" West, 110.00 feet to the most Southezly line oE !he lands of
the Southern Pecific Company, thence along said Southerly line South 46° 10' 43"
Enat~ 66.48 feet to an iron pipe aet at the true point of beginning of this
~ descriptiont thence from said true point of beginning and continuing along the
I said Southerly line of the Southetn Pacific Company, South 46° 10' 43" East,
363.52 feet to an iron pipes thence South 43° 49' 17" Weet, 250.00 teet to an
iron pipes thence Notth 27° 44' 37" West, 110.68 feet to an iton pipet thence
North 6° 25' 45" West, 336.24 feet to nn iron pipe at the true point of
beglnning, being a portion of the Noctheast 1/4 of the Southeast 1/4 oF Section
10, Township 7 South, Range 2 West, M.D.B. 7 M., and being shown upon that
certain Map entitled, "Record of Survey of a portion of the N.E. 1/d - S.E. 1/4
Sec. 10, T. 7 S., R. 2 W., M.D.S. i M., Snnta Clara County, California for
William Cumminga" ahich Map was filed for cecocd in the office of the Aecozder
of the County of Santa Clata, State of California, on July 7, 1955 in Book 60 of
Maps, at page 26.
EXCEPTSNG TF~AEFAOM that portion conveyed to the State of California by Deed
recot8ed January 23, 1963 in Book 5876 of OEficial Records, page 230, and being
described ae follows:
Commencing oa the Southvestezly line of Madera Drive at the most Northerly
corner of the parcel ot land conveyed to Heverly Garner by Gift Deed cecorded
May 6, 1959 in Book 4306 at~page 412, Official Record of Santa Clara County;
thence along said Southwesterly line S. 45° 07' 03" E., 296.19 feet to the
Southeasterly line of said Parcelp thence along last said line S. 44° 52' S7"
W., 45.69 feett thence from a tangent that bears S. 79° 14' 15" W., along a
curve to the right with a radius of a0.00 feet, through an angle of 126° 35'
18", an arc length of 88.38 feet; thence N. 25° 49' 33" E., 36.60 feet; thenca
from a tangent that bears N. 64° 10' 27" W., along a cuzve to the left aith a
radius of 1370.00 feet, through an angle of 2° 39' 18" an acc length o! 63.48
feet; thence No. 66° 49' 45" W., 91.29 Feet to the Westerly line of eaid pascel;
thence along last said line N. 5° 22' OS" W., 89.86 feet to the point oE
commencement.
ALSO ERCEPTING TFiERBFROM that portion lying vithin Madera Drive as ehown upon
and dedicated by that certain Map of Tract No. 1960, which Map was filed for
secozd on Mnrch 19, 1958 in Book 91 of Maps, pages 50 and 51, Santa Clara
County.
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