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D-361 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 10070 HILLCREST RD, APN 326-16-019 RES. 02-214 0 DRAFT RESOLUTION NO. 02-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JIM NETZEL AND ZITA S. NETZEL, HUSBAND AND WIFE AS COMMUNITY PROPERTY, 10070 HILLCREST ROAD, APN 326-16-019 WHEREAS, Jim Netzel and Zita S.Netzel, husband and wife as community property, 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 2"a day of December, 2002, by the following vote: Vote Members of the Cfty Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Cleric Mayor, City of Cupertino 10-! QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-16-019 10070 Hillcrest Road Jim Netzel and Zita S. Netzel, husband and wife as community property,hereinafter referred to as the "GRANTOR",this.�Iday of 2002,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 lot to take from said underground basin within the said lot 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 lot 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 lot. to-a r This assignment, conveyance and authorization is made for the benefit of lot within the above described plat and description and shall bind the owner of said lot within said plat and description. IN WITNESS WHEREOF, GRANTOR have executed this instrument the day and year first above written. OWNERS: Jim N zell Zi*Nel (Acknowledgment and Notarial Seal Attached) 16-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of &11"reelblll9 County of J,'3N�A �LA,�g On /®- -?-<- A4O2 before me, Date Name and Title ofe.Officer AA // (e.g.,"Jane Dae,Notary Public") personally appeared ��/� /1l'Ei� ,7,,779 Name(s)of Signer(s) ❑personally known to 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 beLsbe/they executed the same in*4sA;er/their authorized capacity(ies),and that by ROSE MARIE FLETCHER hisl�ter/their signature(s)on the instrument the person(s), Comm.#1231961 Nor the entity upon behalf of which the person(s) acted; ( •- NOTARY PUBLIC-CALIFORNIA _ executed the instrument. Santa Clua County N+Y Comm.Expires Oct..15,2003 WITNESS my�a and official sea]. Signature of Notary Public OPT AL 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: OLLf7` (_`MQW &-a �1�� GUS%E2 Z/,�;6fi'-s7 Document Date: AD-.Z�)- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I1Individual C-1-Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer'Is Representing: ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT A All of that certain property situate in Cupertino, California described as follows: Beginning at a point on the Eastern line of Hillcrest Road, formerly Crescent Road; said Road is shown upon that certain map entitled "Map of Russel Hurst Monta Vista", as recorded in book P of maps at page 22, Santa Clara County Records, which.said point bears South..89°53' East, 310.1 feet; North 15016' East, 130.5 feet; North 2026' West, 191.70 feet and South 85045' West, 130.4 feet from the stake A. M. 1 at the Southwestern corner of Section 11 on the Northern line of Cupertino Road, formerly Stevens Creek Road, also known as San Jose Avenue, as said Section and last. named Road or Avenue are shown upon the Map above referred to; running thence from said TRUE POINT OF BEGINNING along the said Eastern line of Hillcrest Road, North 88.00 feet to the Southwestern corner of the parcel of land described in the Deed from Antonio Pinto to Alvin E. Plants et ux, dated March 14, 1940, recorded March 20, 1940 in Book 971 of Official Records, Page 180, Santa Clara County Records; thence S 88027'47" E 126.90 feet along the Southwestern line of land described in said Deed to Plants; thence S02026'00"E 75.00 feet; thence South 85045' West 130.40 feet to the TRUE POINT OF BEGINNING. Containing 10,469 square feet more or less and consisting of a portion of the above mentioned Block A as shown on the above mentioned Map. QROF ESS/pyo No. 20597 �l x civ�L Q Q N 02'26'00" W 75.00' SCALE: 1"=30' 0 o rn M N O p co PORTION OF BLOCK A, AS SHOWN UPON THAT i� CERTAIN MAP ENTITLED `o oNo of OF RUSSEL HURST 00 MONTA VISTA", AS z RECORDED IN BOOK P OF MAPS AT PAGE 22, SANTA CLARA COUNTY RECORDS. 0 N 00'00 00"—1-86. ' 0 0 0 0 0 N 00'00'00" W 88.00' FES HILLCREST ROAD. Q�® Sfp�,9 E. .yF� W 20597 "' � M PLAT TO ACCOMPANY EXHIBIT A FOR THE DEDICATION OF UNDERGRO UD WATER RIGHTS ,b_�