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CC Resolution No. 9894RESOLUTION NO. 9894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM BRETT C. BEEDLE AND LORI L. BEEDLE, APN 357-15-027, 21904 ALMADEN AVENUE WHEREAS, Brett C. Beedle and Loft L. Beedle 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 in the attached Exhibit "A" and Exhibit "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 7th day of July, 1997, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Bumett, Chang, Dean, Sorensen, Bautista None None None ATTEST: APPROVED: QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-15-027 21904 Almaden Avenue Brett C. Beedle and Lori L. Beedle, hereinafter referred to as the "GRANTOR', this lo7 day of ~"~ ~- 199~--'47hereby 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, imerest, 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: Brett C. Beedle ~-'l, ori L. l~eedle ~ - (Acknowledgment and Notarial Seal Attached) STATE OF CALIFORNIA COUNTY OF Santa Clare On June 13, 1997. .before me, T, [,, Tafova. Notary a Notary Public in and for said County and State, personally appeared Brett C. Beadle and Lori L. Beadle ' 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 the same in his/her/their authorized capacity(les) 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. WITNESS my hart~ar~d (:~cial.sea~ / Signature !T,L. TAFOYA _/~ ..,,,I,.~,..~ Commission# 1113767 Santa Clara County i~My Comm, Expires Nov 1,2000 (This area for official notodal seal) "EXHIBIT All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows; A portion of Lots 102 and 108, as shown upon that certain Map entitled, "MAP OF SUBDIVISION "A" MONTA VISTA" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 1 lth, 1917 in Book "P" of Maps, at Page 20, and more particularly described as follows: ' Begirming at the point of intersection of the southerly line of Almaden Avenue ( 50 feet wide ) with the easterly boundary of the property line of said Lot, running thence along the said easterly property line South 135.82 feet; Thence leaving the easterly property line West and parallel with the southerly line of Almaden Avenue 50.00 feet to a point at the westerly boundary offfie property line of the said Lot; Thence North 135.82 feet and along the westerly boundary of the property line of the said Lot to a point being at the southerly line of Almaden Avenue; Thence East 50.00 feet along the southerly line of Almaden Avenue to the Point of Beginning. Containing: 6791 square feet, more or less. 0.156 acres, more or less A. P.N.: 357-15- 027 ALHAPEN ~VE ~o. 00 APM: ~_~ 7- I $ N 4 VI ~1 N IT"/" HAP I, JOT' T'O ~r_.~LE LE4~I, ID Y~O F~_~T'f LI~E E,~t>.