CC Resolution No. 9850- RESOLUTION NO. 9850
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM TERESA JANE LUI AND ROBERT
SCOTT BARR; APN 357-16-062, 21831 LOMITA AVENUE
WHEREAS, Teresa Jane Lui and Robert Scott Barr 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 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 the attached
Exhibits "A" and "B".
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 resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of May, 1997, by the following vote:
Vote
Members of the City. Council
AYES: Burnett,
NOES: None
ABSENT: None
ABSTAIN: None
Chang, Dean, Sorensen, Bautista
ATTE~FF:
C{ty Clerk '
APPROVED:
or, city 61cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-16-062
21831 Lomita Avenue
Teresa Jane Lui and Robert Scott Barr~ co-trustee of the Lui-Barr Family 1995 Trust
dated March 22, 1995, hereinafter referred to as the "GRANTOR', this /~4~Uday of
199z/', 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 "A" & "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 WHEREOF, GRANTOR has executed this instrument the day and year
first above written.
OWNER:
Robert Scott Barr ~-
(Acknowledgment and
Notarial Seal Attached)
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STA'I'F. ( )F CAI.IFORNIA
IN'FY OF Santa Clara
On April 17, 1997 before me, Suzie Sato, Notary Public
DATE
NAME. TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC"
personally appeared, **Teresa Jane Lui and Robert Scott Barr**
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/
they executed tile same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behall o! which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
'SIGNATURE
(SEAL)
OPTIONAL INFORMATION
TH'LE OR TYPE OF I)OCUMI.:,NT Quitclaim Deed and Authorization for Underground
Water Rights
I)ATI.:. OF DOCUMENT. ..... April.17, 1997 _ NUMI~F.I~OFI'AGi'~S Four
SIGNER(S) OTIlF. R TI lAN NAMED ABOVE
EXHIBIT A
APN 357-16-62
All of that certain property situate in Cupertino, Santa Clara County, California described as
follows:
BEGINNING at the Northeasterly comer of Section 75 as said Section is shown on the Map
of Subdivision A, Monta Vista which was recorded in Volume P of Maps at page 20, Santa
Clara County records; thence along the Easterly line of said Section 75 South 198.42 feet to a
point on the Northerly line of Lomita Avenue 40 feet wide as shown on the aforementioned
Map; thence along said Northerly line West 60.00 feet; thence along a line that is parallel to
the aforementioned Easterly line of Section 75 North 198.42 feet to the Northerly line of said
Section 75; thence along said Northerly line East 60.00 feet to the point of BEGINNING.
Containing 0.273 acre more or less and consisting of a portion of said section 75 as shown on
the above mentioned Map.
20.00' 20.00'
' I
i I
0
SCALE: 1" =20'
NORTH 198.42
EXHIBIT B
APN 557-016-62
11,905 SQ. FT.
0.273 ACRE
SOUTH 198.42
PLAT TO ACCOMPANY
EXHIBIT A FOR THE DEDICATION
UNDERGROUND WATER RIGHTS
POB