CC Resolution No. 9911RESOLUTION NO. 9911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FROM R & Z DEVELOPMENT CO., INC. A CALIFORNIA
CORPORATION; 10227 ADRIANA AVENUE, APN 326-20-019
WHEREAS, R & Z Development Co., Inc. A Califomia 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 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 21st day of July, 1997, by the following vote:
Vote
Members of the City_ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
APPROVED:
~r, Citey of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-20-019
10227 Adriana Avenue
R & Z Development Company, Inc., a California Corporation, hereinai~er referred to as
the "GRANTOR', this ~ day of ::3'a ~ ¥ 199~, 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 prope~y
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 instrumem
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:
R & Z Development Company, Inc.
,!~lifomia Corporation ~
(Acknowledgmem and Notarial Seal Attached)/
EXHIBIT A
APN 326-020-19
All of that Certain property situate in Cupertino, Santa Clara County., California described as
follows:
BEGINNING at a point on the Northerly terminus of Adriana Avenue at the intersection
thereof with the Northerly line of Lot 11 as shown on the Map of Tract 651, Knoll Vista
Subdivision as recorded in Book 24 of Maps at page 39, Santa Clara County. records; thence
leaving said Northerly terminus and proceeding along said Northerly line of Lot 11
N49°05'25"W 60.02 feet and N28°46'59"W 257.41 feet to the most Northerly comer of said
Lot 11; thence along the Northerly prolongation of the Westerly line of said Lot 11
N0°25' 15"W 372.18 feet; thence leaving said Northerly prolongation of the Westerly line of
Lot 11 and proceeding S16°44'34"E 603.24 feet; thence S19°30'00"E 65.00 feet to a point on
the above mentioned Northerly terminus of Adriana Avenue; thence along a nontangent curve
to the left with an initial tangent bearing N68°26'10"W, a radius of 40,00 feet, an internal
angle of 34°13'05'' and a length of 23.89 feet to the point of BEGINNhNG.
Containing 0.992 acre more or less and being a portion of the Northwest '[, of section 14,
Township 7 South, Range 2 West, M.D.B.M. and also consisting of a portion of that certain
2.91 acre tract of land designated as "NOT A PART OF THIS SUBDIVISION", as shown on
the above mentioned Map.
iMSOFFIC~ WINWORDtROB-F_.,tfqA
SCALE: I'=60°
FOR THE
PLAT TO ACCOMPANY EXHIBIT A
DEDICATION OF UNDERGROUND WATER
APN: 326-20-019
RIGHTS
CURVE DATA
A VENUE
CITY OF CUPERTINO
SANTA CLARA COUNTY, CALIFORNIA
APRIL 1997
N00'25'15"W 372.18'
LEGEND
DISTINCTIVE BORDER LINE
JOBSX~ROBERTS~R-PLAT. DWG JOB NO. 4-01-65
State of California
OOunty of Santa Clara
On July 16, 1997 before me, the undersign3~d, a Notary Public in and
for Said State, personally appeared Mark Roberts
personally known to me (or proved to me cn 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(ies), and that by his/her/their signature(s) on th~
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand aux~ official seal.
(typed or printed)
~ KAREN CORNETT
O/_:~?~ COMM. #1052132
I[i~t~ "~]~,~9~, J NOTARY PUBLIC-CALIFORNIA ':='"
~'~/ SANTA CLARA COUNTY
~ My Comm. Expires Feb, 21,1999
(Seal)