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CC Resolution No. 9214 RESOLUTION NO. 9214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JON G. ELERA TH AND DEBRA A. ELERATH, 10055 CRESCENT ROAD WHEREAS, Jon G. Elerath and Debra A. Elerath has 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 that certain map filed in the office of the County Recorder of the County of Santa Clara on the 19th day of February, 1982, in Book 496 of Maps at Pages 32 and 33, Parcel 2. 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 be and she 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 17th day of October , 1994, by the following vote: ~ AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista, Burnett, Dean, Sorensen, Koppel None None None APPROVED: /s/ Barb Koppel Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS Jon G. Elerath & Debra A. Elerath 10055 Crescent Road APN 326-16-070 hereinafter referred to as the "GRANTOR", this 10+1) day of cS~+-, .19.1~ 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 Parcel 2 of that certain subdivision of real property situate in the Country of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 19th day of February 1982. in Book 496 of MaDs at Pal!e5 32 & 33. to pump, take or otherwise extract water fÌ'om 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 fÌ'om 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 co~tained 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. Page 1 ofJ3 ?-z- This assignment, conveyance and authorization is made for the benefit of Parcel 2 within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: L~~.{, Jon. G. Elerath Uk~Q, fJu.a7::i) Debra A. Elerath (Acknowledgement and Notarial Seal Attached) Page 2 of it...] 9-ß Jon G. Elerath Debra A Elerath 10055 Cresêent Road Cupertino, CA APN 326-16-070 The attached "Quitclaim Deed and Authorization for Underground Water Rights" has been signed by Jon G. Elerath and Debra A Elerath, husband and wife, under duress and is subject to re- examination and rescission upon legal grounds. We believe that this request for us to give up our water rights exceeds the City of Cupertino's authority and denies us our property rights as granted in the US Constitution. We were told that we would not receive building pennits associated with application APN 326- 16-070 unless we agreed to give up our underground water rights per the attached. The arbitrariness of this is evident because neither the Public Works agent (Rennie Bacus) nor the Director of Public Works (Bert Viskokich) could even explain the purpose of this requirement. Being that they are both unaware of the intent of this requirement, we believe it cannot serve any public health or safety regulations. 1: -<~ [Q~£- Jon G. Elerath VcbAo.... O. LQucv:A Debra A Elerath (Acknowledgement and Notarial Seal) ~4?e þ"~:;).) 3 o.Ç 3 9- 'i CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT NO,5907 State of CIrr..Æfb /2..i..)¡{~ County of ' ~ C-iM..A ''i/3.ð!C¡4 . DATE C-tuOLj Core f,.JomtL( PUtJUc.. NAME, TITLE OF OFFICER - e,G., "JANE DOE, NOTARY PUBLIC' .:Jð IV q . (Sl£:12. /'ffH A1..JO DWLA A· 6J.tiLA-'fH On before me, personally appeared NAME(S) OF SIGNER(S) o personally known to me . OR . 0 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 ac- knowledged 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 the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r;'::'~"'''''''''~iÑDy'ëöåë'' '.-. '1 .... Q Comm. No. 1024462 :Þ g , NOTARY PUBLIC· CALIFORNIA g¡ < SMITAC~~COONN ~ j My Commission Expires APr'~~.:J WITNESS my hand and official seal. (I Uf/'4TUrJM2y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ~NDIVIDUA~5 ) tJ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT I. , Qu,ruArM oæo M:f) AunfT)l.tlA n u ?tL u ¡";O~rlDUU{) WItTCL (l..(qlfi ~ TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMiTED o GENERAL J o ATTORNEY·iN·FACT o TRUSIEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES Y3ò jqy DATE OF DOCUMENT /.J / fi SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) , ©1993 NATIONAL NOTARY ASSOCIATION. 8236 Aemmet Ave., P.O, Box 7184· Canoga Park, CA 91309-7184