CC Resolution No. 9869RESOLUTION NO. 9869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM MARK E. PASS AND
SUSAN M. PASS, APN 326-35-051, 10490 MADERA DRIVE
WHEREAS, Mark E. Pass and Susan M. Pass 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:
Ail 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 County Recorder of the County of Santa Clara
on the 9th day of March, 1958, in Book 91 of Maps at Pages 50 and 51,
Lot 4.
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 16th day of June, 1997, by the following vote:
Vote
Members of the City Council
AYES: Burnett,
NOES: None
ABSENT: None
ABSTAIN: None
Chang, Dean,
Sorensen, Bautista
ATTEST:
City Clerk
APPROVED:
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-35-051
10490 Madera Drive
Mark E. Pass and Susan M. Pass, hereinafter referred to as the "GRANTOR", this
day of ~ ~'"{ , 19~[_~, 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 Lot 4, 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 9th day of March, 1958 in Book 91 of Maps at Pages 50 & 51, 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.
Page 1 of 2
This assignment, conveyance and authorization is made for the benefit of Lot 4,
within the above described subdivision and shall bind the owner of said lots within said
subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
Susan M. Pass
(Acknowledgement and Notarial Seal Attached)
Page 2 of 2
STATE OF CALIFORNIA
County of~ ~/~
On
Title or type of Document
Number of Pages Date of Document
Signer(s) Other than named below
before me ~.
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narhe(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the 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 behalf of which
the person(s) acted, executed the instrument.
¢ITNESS ~nd ~
S/~og nJr~ rl~u b I' c~}nd~
(Seal)
"~ ~~\ CLAF1A COUI'~TY ti
UD01 (Rev. 4/94)