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CC Resolution No. 99-276RESOLUTION NO. 99-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND NON-EXCLUSIVE AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM TI-1E ROMAN CATI-IOLIC BISHOP OF SAN JOSE, A CORPORATION SOLE, 22555 CRISTO REY DRIVE, APN 342-63-002,005 WHEREAS, The Roman Catholic Bishop of San Jose, a corporation sole, has executed a "Quitcla'ma 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 fi.om 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 the attached Exhibits "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 20t~ day of September, 1999, by the following vote: Vote Members o__fthe City Council AYES: Burnett, Chang, Dean, James, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk APPROVED: Recording Requested By And After Record Return To: City of Cupertino Attn: Director of Public Works 10300 Torte Avenue Cuptertino, CA 95014-3255 QUITCLAIM DEED AND NON-EXCLUSIVE AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN: 342-63-002 and 342-63-005 Address: 22555 Cristo Rey Drive, Los Altos, California THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a corporation sole, hereinafter referred to as the "GRANTOR," this 7~;h day of Soptornher ,1999, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE," its successors and assigns, the right, title, interest, estate, claim and demand, both at la~v 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' 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 authorizes 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 water which the owner or owners of said overlying 30119858.1/73304-0005 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 any damage to any building or structure erected upon said lots. This grant of water rights is not exclusive and notwithstanding anything to the contrary contained in this quitclaim deed, Grantor reserves the right for itself and its successors and assigns to drill, appropriate, extract and utilize water from wells to be located on the land described in Exhibit "A" (the "Property") and to import, appropriate and transport water for the use and benefit of the Property from wells located on lands outside the Property; provided that any source of water obtained from wells is permitted by and conforms to all rules and regulations of the Santa Clara Valley Water District or any successor agency. 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: THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a corporation sole i'd~gr. Micl~aei J. Mitchell, Vicar General Attorney ~n Fact 2 30119858.1 STATE OF CALIFORNIA COUNTY OF On S,fJ-.-..',,,, ?; I~lqqbefore me personally appeared IA~. ~personally known to NAME(,~- OF SlGNER(,9~ , Notary Public, 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/hedtheir 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. THIS CERTIFICATE MUST BE A~rACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. Witness my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION Title orType of Document Number of Pages OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fil[ in the data below, doing so may prove invaluable to persons relying on the document [] INDIVIDUAL [] CORPORATE OFFICER(S) TITLE(S) [] PARTNER(S) [] LIMITED [3 GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(les) Date of Document Signer(s) Other Than Named Above ©1993 National Notary Association, Canoga Park, CA 3 30119858.1 EXHIBIT "A" LEGAL DESCRIPTION Real property located in the City of Cupertino, County of Santa Clara, State of California, being all of that 58.44305 acre parcel shown as "Parcel F" on that certain map of Tract No. 9054 filed for record in the Office of the County Recorder of Santa Clara County on July 9, 1998 in Book 705 of Maps at pages 13 through 22, together with all of that 2.76717 acre parcel shown as "Parcel G" on the same map of Tract No. 9054.