CC Resolution No. 09-148 Quitclaim Deed & Auth for Underground Water Rights, 22661 San JuanRESOLUTIOr~ N0.09-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, BRETT G. ALTEN AND TOMOKO
MATSUMOTO, 22661 SAN JUAN ROAD, APN 342-17-109
WHEREAS, Brett G. Alten and Tomol:o Matsumoto, have executed a "Quitclaim
Deed and Authorization", which is in good ;end 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 iii the City of Cupertino, County of
Santa Clara, State of California, as shown in the attached Exhibit "A".
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 15th day of September, 2009, b}~ the following vote:
Vote Members of the t~ity Council
AYES: Mahoney, Sandoval, Santoro, Wong
NOES: None
ABSENT: Wang
ABSTAIN: None
ATTEST: APPROVED:
~"^~
City Clerk Mayor, City of Cup rtino
QUITCLAIM DEED Al`1D AUTHORIZATION
FOR UNDERGROUI\'D WATER RIGHTS
APN 342-17-109
22661 San Juan Road ,Cupertino, CA 95014
Brett G. Alten and Tomoko Matsumoto, hereinafter referred to as the "GRANTOR",
this 2 ~ day of ~'~ ~, 2009, heret~y 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, all the
rights, titles, interests, estates, claims and demands, both at law and in equity, and as well
in possession as in expectancy of the GRANT~~R 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 rise upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRAr1TOR and its successors in ownership or
overlying lands in the said lot to take from saki 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 suc1, 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 legal description or to authorize GRANTEE to make any withdrawal. of water
which will result in damage to any building or structure erected upon said lot.
This assignment, conveyance and authorization is made for the benefit lot within
the above described legal description and shall bind the owner of said lot within said legal
description.
EXHIlB[T A
LEGAL D~SCI~IPTION
Real property in the City of Cupertino, County of Santa Clara, State of C3lifgmla, described as
ft~{iquvs:
ALL OF SECTIONS i58 AND 174, AND A PORTION OF SECTIONS 159 AND 173, AS SHOWN ON
THAT CERTAIN MAP ENTIT1.Eb, "MAR OF INSPIRATION HEIGHTS, MONTA VISTA", RECORDED
ON APRIL 11, 1917 IN BOOK "P" OF MAPS AT i'AGE 13, SANTA CLARA COUNTY RECORDS, AND
LYING WITHIN THE CFfY OF CUPERTINO, COtlNTY OF SANTA CLARA, SPATE OF CALIFORNIA,
AND MORE PARTICULARLY DESCRIBED AS FOl.L01h5:
BEGINNING AT THE SOUTHERNMOST CORNER OF SAID SECTION 174, SAID CORNER BEING A
POINT ON THE CENTERLINE OF SAN JUAN ROAD AS SAID CENTERLINE IS SHOWN ON SAID
MAP OF "INSPIRATION HEIGHTS"; THENCE AU3NG THE 50tJT}iEASi~RLY LINE OF S0.Ib
SECTION 174 NORTH 44° 59' 10" EAST 164.48 FEET TO THE MOST EASTERLY CORNER
THEREOF, SAID CORNER ALSO 6EING A POINT' IN THE SOUTHWESTERLY LINE OF SAID
SECTION 158; THENCE ALONG SAID SOUTHWE:ST'ERLY LINE OF SECTION 158 SOUTH 46° 24'
01" EAST 24.74 FEET TO THE MOST SOUTHERLY CORNER THEREOF; i'tiENCE NORTH 45° 34'
09" EAST 10$.55 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE ALONG TtiE
NORTHEASTERLY LINE OF SAID SECTIONS 15E~ AND 159 NORTH 45° 03' 06" WEST 125.78 FEET
TO THE EASTERLY CORNER OF PARCEL "B" AS SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 364 OF MAPS AT PAGE 5Ey SANTA CLARA COUNTY RECORD5; THENCE
ALONG THE SOUTHEASTERLY LINE OF SAID P~~RCEL "B" 50UTH 45° 02' 54" WEST 275.76 FEEi';
THENCE SOUiIi 28° 33' S2" EAST 41.27 FEET 1"O A POINT ON SAID CENTERLINE OF SCAN JUAN
ROAD; THENCE ALONG SAID CENTERLINE SOUTH 6S° 33` 52" EAST 41.54 FEET TO AN ANGLE
POINT FN SAID CENTERLINE; THENCE CONTINUING ALONG SAID CENTERLINE SOUITt 43° 15
00" EAST 21.77 TO THE POINT OF BEGIf~NING,: AND AS DESCRIBED IN THAT CERTAIN LOT
LINE AD]USTMENT RECORDED 5EP'T>=MBER 11, 2008 AS DOCUMENT NO. 19986528, OFFICIAL
RECORDS. ~ ..
APN: 342-17-085-OQ AND 342-17-087-00
;~~~
'~
~..
~"
IN 1~~i'TNESS Wtl1=IZEOF, GRANT{)R has executed this instrument the day and
year first above ~~~ritten.
C)~~"~T~RS:
T:~rett Ci. Aiten
7'omo!<o R~latsu~lioto
(Aekno~~ ledbment and Notarial Seal Attached)
~0~ ~~~~~
VIN~O~Ild3 iN3HH(1~
~3H3dllti 33S 3Sb31d
CAL11:'®RNIA ALL-PIJRP®SE ACKNOWLEDGMENY
State of California
p
C
t
f
'1
~ l
Q
oun
y o
-
I
.
c
On/~ilt5~o'Z5,a~9 before me,
' Y~~1 /'/n5`~ro l~~~r. PLl~jl~~
Date Here Insert N and Titla of the Offi
personally appeared ~~ ~~ ~. ~~eri Q,.r1~f' ~2~+.~~1
~5u anon
,
Name(sj o1 Signer(s)
who proved to me on the basis of satisfactory evidence to
ee the person(s) whose name(s) id/are subscribed to the
~/vithin instrument- and acknowledged to me that
J1~they executed the same in iiis/he~{their authorized
capacity(ies), and that by. hisN'r~f/fheir signature(s) on the
instrument the person(s), or the entity upon behalf of
~
V
u~E KAREN ARMSTRONG which the person(s) acted, executed the instrument.
`
" COMM. #1855938
~ m = NoTARYPl18UC-CAUFORNiA ~
I certify under PENALTY OF PERJURY under the lavus
SANTA CIARA COUNTY
" FaRN~ try Comm
E
i of the State of California that the foregoing paragraph is
.
xp
res June 27, 2013 ;
true and correct.
1'VITNESS my handy~rrid officioseal. t
Signature~Jl~IU~L !i6
Place Notary Seal Above Signature
OPT/t)NAL
Though the information below is not required by taw, it mey prove valuable to persons relying on the document
and could prevent fraudulent removal and reat`achment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer -Title(s): -
^ Partner.- ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other: __
Signer Is Representing
Top of thumb here
Number of Pages:
Signer's Name:
^ Individual
^ Corporate Officer -Title(s): _
^ Partner-^ Limited ^ General
^ Attorney in Fact .
^ Trustee
^ Guardian or Conservator
^ Other.
Signer Is Representing:
Top of thumb here
®2007 National Notary Association •:9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 • www.NationalNOtary.org Item k5907 Reorder: Call Toll-Free 1-800-876-6827
0
SCALE: 1" = 40'
'L
7z`f.
~ Off,
~~~80~~
jL ~~
~~h
?~. ~~o,.
~1 `"4r'.
S ~a ~
~~
`~G
9,y
~c
9Q
~O
~°' ~~
PLAT TO ACCOMPANY EXHIBIT A
Sss~3, FOR THE PURPOSES OF DEDICATING
4~s~S~F s~s•15'ao"E PLAT TO ACCOMPANY EXHIBIT A
21.77 22661 SAN JUAN RGAD, CUPEERTINO, CA
APN: 342-17-086 AND -087
~,~%
~• ~
~~~ ~o~h