CC Resolution No. 9931RESOLUTION NO. 9931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KATIE RADISH,
APN 357-05-031, 10554 SAN LEANDRO AVENUE
WHEREAS, Katie Radish has executed a "Quitclaim Deed and Authorization",
which is in good and sufficient form, quitclaiming all her 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 "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 18th day of August, 1997, by the following vote:
Vote
Members of the City Council
AYES: Burne t t,
NOES: None
ABSENT: None
ABSTAIN: None
Chang, Dean,
Sorensen, Bautista
ATTEST:
APPROVED:
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
4 APN 357-05-031
1055~ San Lesndro Avenue
Katie Radish, a California corporation, hereinafter referred to as the "GRANTOR', this
day of _'Fa I~ 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, rifle, 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
oveflyinglands 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 instnmaent
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, GKANTOR has executed this instrument the day and year
first above written.
OWNER:
Katie Radish
(Acknowledgment and
Notarial Seal Attached)
EXHIBI~·
.QUITCLAIM FOR UNDERGROUND WATER RIGHTS
GRANTORS:
GRANTEES:
CHESTER RADISH AND EATIE RADISH
CITY OF CUPERTINO, CALIFORNIA
Ail that certain real property situate in the City of Cuper-
tino, County of Santa Clara, State of California, being all of
Zot 61 as shown on "MAP OF LAS PAZMAS, MONTA VISTA~, 'filed on
April 11, 1917, in Book "P" of Maps.at Page 17, Santa Clara .
County Records, described as follows:
Beginning at the northwest corner of said Lot on the eas-
terly right of way line of San Leandro Avenue, 40 feet in width;
thence along the westerly line of said Lot southerly a distance
of 100.12 feet to the southwesterly corner thereof; thence
along the southerly line thereof easterly a distance of 100.12
feet to the southeasterly corner thereof; thence along the
easterly line of said Lot northerly a distance of 100.12 feet
to the northeast corner thereof; thence along the northerly
line of said Lot westerly a .distance of 1OO.12 feet to the point
of beginning.
APN 357-05-031
Date: March 15, 1989
Prepared by: Edward J. Hahamian, RCE 1~,318
exp. date: 3/31/1989
(,.eL: SANTA F::'AU LA AVE.. '(3
I 0 0.19.,
· , ~ L,A5 PALHA5,
t.Ul
STATE OF CALIFORNIA
cOUNTY OF SANTA CLARA
SS.
On~'~,{,/~,,/~7 before me, W. Perry Whitfield, a Notary public in and for said state,
personally appeared g,~ ,7_. ~)~B ~ personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(a~are
subscribed to the within instrument and acknowledged to me that he. hey executed the
same in hi~}their authorized capacity(les), and that by his~l~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 hand and official seal.
Signature' ' ,/'
Comm. # 1132774
~ ~ NOTARY PUBLIC- CAUFORNIA
Santa CIm .Coum
W. Perry Whitfield