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D-377 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 21691 LOMITA AVE, APN 357-17-023 RES. 03-157
DRAFT RESOLUTION NO. 03-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM STEVEN MAYHEW AND JEANETTE MAYHEW, TRUSTEES OF THE MAYHEW FAMILY TRUST INITIALLY CREATED ON NOVEMBER 20, 2001 21691 LOMITA AVENUE, APN 357-17-023 WHEREAS, Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew Family Trust initially created on November 20, 2001, 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 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 2nd day of September, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino DOCUMENT: 17355393 Pages: 5 Fees. . . . x No Fees RECORDING REQUESTED BY Taxes. . . Copies. . City of Cupertino AMT PAID BRENDA DAVIS RDE # 012/16A WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 9/17/2003 Recorded at the request of 2:38 PM City Clerk's Office Grantor City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS STEVEN MAYHEW AND JEANETTE MAYHEW 21691 LOMITA AVENUE APN 357-17-023 Original 13 For Fast Endorsement T QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-17-023 21691 Lomita Avenue Steven Mayhew and Jeanette Mayhew, as Trustees of the Mayhew Family Trust initially created on November 20,2001, hereinafter referred to as the "GRANTOR", this I- day of d--2003, 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 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. OWNERS: Steven Mayhew e ette Mayhew (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �A County of �w� l/l��y ss. On �Vv?before me, JAV O(4 to Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeare � Nam6W of Signer(s) ❑ ersonally known tome 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 LINDA IRAN acknowledged to me that he/she/they executed _ Commission# 1413074 the same in his/her/their authorized =® Notary Public-California capacity(ies), and that by his/her/their Santa Clara County r signature(s) on the instrument the person(s), or Ally Comm.8q*esApr22,2007 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. igna0e�offl tary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document / /� J Title or Type of Document: l Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: s ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 „NO FEE” City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated August 7, 2003, from STEVEN MAYHEW AND JEANETTE MAYHEW to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on September 2, 2003, and the grantee consents to recordation.thereof by its duly authorized officer. Dated: September 3, 2003 By: Administrative Clerk