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CC Resolution No. 9870RESOLUTION NO. 9870 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM KELLY H. YAMA AND JEANETTE B. YAMA, APN 326-20-015, 10196 ADRIANA AVENUE WHEREAS, Kelly H. Yama and Jeanette B. Yama 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 that certain map filed in the Office of County Recorder of the County of Santa Clara on the 31st day of October, 1949, in Book 24 of Maps at Page 39, Lot 10. 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, Chang, Dean, NOES: None ABSENT: None ABSTAIN: None Sorensen, Bautista ATTEST: City~ Clerk d ' APPROVED: ' ~9~)r,'City' of ~up~tino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-20-015 10196 Adriana Avenue Kelly H. Yama and Jeanette B. Yama, hereinafter referred to as the "GRANTOR", this day of f)Q/~.//~ , 19~._~,, hereby grant, bargain, assign, convey, remise, release and forever quitc{l)aim 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 10, 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 31st day of Ocotber, 1949 in Book 24 of Maps at Pages 39, 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 10, 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: K~rlry H. Ya~a (Acknowledgement and Notarial Seal Attached) Page 2 of 2 _._CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 14, 1997, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Jeanette B. ~ ROBERTA ANN WOLFE (~ ~,~,,~,~'~ Comm. No. 996834 NOT^mY PuBuc. :~ '~ SANTA CLARA COUNTY ~ My Commission Expires June 11, 1997 Yama, 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 she executed the same in her authorized capacity and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. c~~ and official seal. Signature of Notary J 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 rllNDIVIDUAL I-ICORPORATE OFFICER TITLE []PARTNERS []LIMITED I-IGENERAL E3TRUSTEE(S) E3GUARDIAN/CONSERVATOR mOTHER Quitclaim Deed and Authorization for Underground Water Riqhts TITLE OR TYPE OF DOCUMENT ATTORN EY-IN-FACT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Self May 141 1997 DATE OF DOCUMENT Kelly H. Yama SIGNER(S) OTHER THAN NAMED ABOVE --.CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 14, 1997, before, me, Roberta Ann ~, ~ P, OBERTA ANN WOLFE ~ ~.~_'~'R~ Comm. No. 996834 ~ NOTAP, Y PUBLIC-CALIFORNIA ~ 7 ~My Commission Expires June 11,199 Wolfe, Notary Public, personally appeared Kelly H. Yama, 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 behalf of which the person acted, executed the instrument. WITN,E~S my hand and official seal. ~ignature 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 I-IINDIVIDUAL r-ICORPORATE OFFICER TITLE rlPARTNERS r-]TRUSTEE(S) F'ILIMITED E]GENERAL IDGUARDIAN/CONSERVATOR r-IOTHER Quitclaim Deed and Authorization for Underground Water Riqhts TITLE OR TYPE OF DOCUMENT ATTORN EY-I N-FACT 2 NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Self May 14, 1997 DATE OF DOCUMENT Jeanette B. Yama SIGNER(S) OTHER THAN NAMED ABOVE