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CC Resolution No. 9678 RESOLUTION NO. 9678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDER- GROUND WATER RIGHTS FROM BIG GUY, INC., A CALIFORNIA CORPORATION, APN 357-12-33, 10411 BYRNE AVENUE WHEREAS, Big Guy, Inc., a California Corporation 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 I the City of Cupertino, more particularly described 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 27th day of May, 1940, in Book 4 of Maps at Page 43, Lot 8. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED, that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolmion. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of August, 1996, by the following vote: Vote Members of the City. Council AYES: Bautista, Chang, Dean, Sorensen, Burnett NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City~~~'- M~ayor,~q~ City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357=12-033 10411 Byrne Avenue Bip Guy, Inc., a California Corporation, hereinn_Pter referred to ns the "GRANTOR", this 30th day of July ,199_i 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 fight, 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 Lo.t 8, 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 27th day May. 1940 in Book 4 of Maps at Pate 43. to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clam 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 iustmment 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 I of 2 This assignment, conveyance and authorization is made for the benefit of Lot 8, within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, (3RANTOR has executed this instrument the day and year first above written. OWNERS: Big Guy, Inc., a California Corporation (Acknowledgement and Notarial Seal Attached) Page 2 of 2 File No.: 52,033 ~-ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 30, 1996, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Brian Kelly, 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 capacity 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. 996834 ~, instrument. ~ [~t~"~.~J NOTARY PUBLIC' CALIFORNIA <_ ~ SANT^ CLAe* COUNTY ~ ~ My Commission Expires June 11, ~, WI..,__?_ hand and official my seal. 1997 Signature of Notary 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 DESCRIPTION OF ATTACHED DOCUMENT r"IINDIVIDUAL ~I~CORPORATE OFFICER Owner r~uitclaim need and A,,thorization TITLE TITLE OR TYPE OF DOCUMENT I-IPARTNERS [:]LIMITED I'IGENERAL ATTORNEY-IN-FACT rqTRUSTEE(S) FqGUARDIAN/CONSERVATOR rlOTHER NUMBER OF PAGES July 30. 1996 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON OR ENTITY: ,' ' Guy, Inc. None SIGNER(S) OTHER THAN NAMED ABOVE