CC Resolution No. 9454I
RESOLUTION NO. 9454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FROM THE E& H FIRST FAMILY LIMITED PARTNERSHIP,
A CALIFORNIA LIMITED PARTNERSHIP; APN 342 -29 -062, ALCALDE ROAD
AT FOOTHILL BOULEVARD
WHEREAS, The E& H First Family Limited Partnership, a California Limited
Partnership, 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
BE IT 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 October, 1995, by the following vote:
Y= Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
1s!'y
City Clerk
APPROVED:
Mayor, City c6tuIieftino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342 -29 -062
Alcaide Rd Q Foothill Blvd.
The E & H First Family Limited Partnership, a californis limited oartnerahill .
hereinafter referred to as the "GRANTOR', this 0— day of 199_Z-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 EXH IT °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.
OWNER
Z—' ]s c 1--,
The E & H First Family Limited
Partnership, a california limited
partnership
0
U
State of Zq
County of'CL4..-
On 9- 'q - 4 S� before me,
0 X - - /f a-
DATE
WWE,Tm OF DiFICER.E.O..'JMIE OOE ARY PUeI
personally appeared % rY, i %I
/jE
NAW(S) OF SgNER(s)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(p) whose name (A) is/are-
subscribed to the (thin instrument and ac-
knowledged to me thaibe/she /they executed
the same in bis /her /their authorized
co occrcocoraocr�coco�ocor o
ROBERTA ANN 1 �
capacity(.ies), and that by His/her /their
signature on the instrument the person(s),
WC1FE
Comm No. 996834
NOTARY
or the entity upon behalf of which the person (sl
PUBLIC - CALIFORNIA
acted, executed the instrument.
SANTA CLARA COUNTY
D My Commission Expires June 11, 1997
WitneS ly hand and official seal.
1G17G1. 7t'? 7GY. 9fX�G ).7LT7GklG?947.1L)9G7.�(k9G�Gt
� � / �
CAPACITY CLAIMED BY SIGNER
C3 INDIVIDUAL(S)
0 CORPORATE
OFFICER(S)
iITLE18)
&�(PARTNER(S)
Q ATTORNEY-IN-FACT
❑ TRUSTEE(S)
0 SUBSCRIBING WITNESS
❑ GUARDIAWCONSERVATOR
Q OTHER:
REPRESENTING:
M11<i! -j 41• /with'
A I I LA "ON NOTARY: Anh"h dN information requeYW below b OPTIONAL. R prerenl N9udulenl aeachmem of Oft conficals lo uru othodzed doonnem.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages — Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ?/l
O 1991 NATIONAL NOTARY ASMCUn . ft I a.""er •.� . o n e... �,u. n...... e.w r. e.
QUITCLAIM
UNDERGROUND WATER RIGHTS
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California described as follows:
Beginning at a point on the center line of Alcalde Road which bears
S 89 °37'00" E distant 30.00 feet from the center line of Foothill Boulevard;
thence along the said center line of Alcalde Road N 89 °37'00" W 166.61
feet; thence leaving said center line N 0 °23'00" E 130.00 feet to a point on
the southerly line of Tract No. 5290, Foothill West, as shown on that certain
Map recorded in Book 321 of Maps at pages 54 and 55, Santa Clara County
Records; thence along said southerly line S 89 °37'00" E 166.00 feet to a
point on the westerly line of Foothill Boulevard; thence along said westerly
line S 0 °06'45" W 130.00 feet to the POINT OF BEGINNING.
Prepared by:
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/9
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10950 N. Blaney Ave.
Cupertino, CA. 95014 (408)252 -9690
PLAT TO ACCOMPANY DESCR/PT/ON
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Un off B" vVOSA OLIMP
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