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CC Resolution No. 9609 . ~ RESOLUTION NO. 9609 i , A RESOLUTION OF THE CITY COUNCtL OF THE CITY OF CUPERTINO ' ACCEPTING A"QUITCLAIM DEED AND AUTHORIZATION" FOR UNDERGROUND WATER RIGHTS FROM HAROLD GEORGE BARCLAY AND KATHRYN L. F. BARCLAY; LOCATED 22605 RICARDO ROAD, APN 356-01-010 WHEREAS, Hsuold Geor~e Burciuy nnd Kuthryn L. F. Barclay have executed a "Quitclaim Deed and Authorizution" which is in good and sufficient form, quitclaiming all their rights in and suthorizing the Ciry of Cupectino, County of Santa Ciara, State of California, to extract water from the underground basin, underlying that certain real property described in the attached Exhibit "A" and Enhibit "B", as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of Califomia, filed in the office of the County Recorder of the County of Santa Clara on the l l th day of Aprit, 191 T, in Book P of Maps at Page 16, Lots 58, 59, and 60. 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 authoriud to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a tegulaz meeting of the City Council of the City of Cupertino this 6th day of May, 1996, by the foltowing vote: 1~4I€ Il~n~s nf Sh~ ~iix ~43incil AYES: Bautiata, Chang, Dean. Burnett NOES: None ABSENT: Sorensen ABSTAIN: None ATTEST: APPROVED: . ~ City Clerk Mayor, City of Cupertin , ~ , .x~~~ ,P~ 3~. ~ . : i ~ QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 356-O1-010 22605 Ricardo Road M'~`J ~~~~~9~ Aarold Ge4r¢e Barclav and Kathrvn L.F. BarclAV. t^~~*^°° ^~'tiA T~~^~^ agreement dated October 23, 1990, hereinafter referred to as the "GRANTOR", this day of 1 19x 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, cstate, claim and demand, both at law and in equity, and as well in possession as in ' expectancy of the GRANTOR as owner of Lot 58. 59 & 60, of that certain subdivision of ' real property situate in the Country of Santa Clara, State of Califomia, and specifically described in the map thereof filed in the Oitice of the County Recorder of the County of Santa Ctara on the lith dav of Anril. 1917 in Book P of Maos at Paee 16, to pump, take or otherwise actract water from the underground basin or arry underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANfEE, 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 Iands 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 utiliry; provided, however, that nothing contained in this instrument shall be deemed to authorize GRAN!'EE to enter upon any of the lots delineated upon the above described map or to authorize GRAIVTEE to make any withdrawal of water which wilt result in damage to any building or structure erected upon said lots. Page 1 of 2 ~ ~ This assignment, conveyance and authorizadon is made for the bene&t of Lot 53, 59 & 60• within the above described subdivision and shall bind the owner of said tots within said subdivision. IN WITNESS WHEREOF, GRANfOR has executed this instrument the day and year first above written. OWI~RS: 1r~ Haro rge arc ay ~ l. R:a~arcla ~ Y (Acknowledgement and Notarial Seal Attache~ ' Pagc 2 of 2 V ' • ~ STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) On this day of , 1996 before me, Terry McHugh , a Notary~ ub ic, personally appeared _Rathryn L.F. Barclay and Harold Georae Harclay , personally known to me (or proved to me on the basis of satis- factory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed i the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persona acted, executed the inetrument. WITNESS my hand and official seal. ~ _ ~ Signature • ~ , (Seal) My commission exp s s //Z, ~~~T,~!'G'(. ~ ~ TERRY MCHUGH ~ ~ Comm. e10907ts p ~ NOTARV PUBI~C • CALIFORNIA . 9hNiA CUqA COUNTV Q Comm. Exp. Marr.b 17, 20C0