CC Resolution No. 09-168 Quitclaim Deed, 20920 McClellan RdRESOLUTIOI~I N0.09-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, ST. JUDE THE APOSTLE EPISCOPAL CHURCH,
20920 MCCLELLAN ROAD, APN 359-20-028
WHEREAS, St. Jude the Apostle Episcopal Church, has executed a "Quitclaim
Deed and Authorization", which is in good and sufficient form, quitclaiming all 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 thy; City Clerk is hereby authorized to record
said "Quitclaim Deed and Authorization" and ~~~his resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of October, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
City Clerk
APPROVED:
L )~//
1 ~rN" ~ /r
Mayor, City of C ertino
QUITCLAIM DEED AI\D AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 359-20-028
20920 McClellan Road, Cupertino, CA 95014
St. Jude the Apostle Episcopal Church in Cupertino, California, hereinafter referred to
as the "GRANTOR", this day of ~~ ~ ~ , 2009, hereby 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 GRANTOR as owner
of that certain real property situate in the Cour..ty 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 in~evocably 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 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 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 auth~~rization is made for the benefit lot within
the above described legal description and shall bind the owner of said lot within said legal
description.
IN WITNESS WI-~REOF, GRANTOR has executed this instrument the day and
year first above written.
GRANTOR: St. Jude the Apostle Episcopal
Church in Cupertino, Calif9rnia
By:
Pasto aren Sieg riedt, I resident
By: ~~ ~~~~~~
SC~,~--r~-izy ,Its ~~c~~ ~. Co~.es
GRANTEE: City of Cupertino, a Municipal Corporation
And Its Successors & Assigns
(Acknowledgment and Notarial Seal Attached.)
August 24, 2009
Job No. 09002
LEGAL DESCRIPTION
A PORTION OF SECTION 24, T. 7 5., R 2 W., M.D.B.&M. APN: 359-20-28
CITY OF CUPERTINO
THE LAND REFERRED HEREIN BELOW IS SITUATED IN THE CITY OF
CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
Beginning in the Southerly line of the parcel described in the deed to the Protestant
Episcopal Bishop of California by deed recorded September 19, 1961, Book 5301
Official Records, Page 170, at the intersection thereof with the Easterly line of the parcel
described in the instrument of dedication to the City of Cupertino, recorded July 10,
1964, Book 6577 Official Records, Page 25~:;
Thence North along said Easterly line 360.0:? feet;
Thence along a tangent curve to the right wish a radius of 30 feet, through an angle of
89°58'02", an arc distance of 47.11 feet to a Southerly line of said last mentioned
parcel;
Thence N. 89°58'02'' E., along said Southerly line 305.59 feet to the West line of
the parcel conveyed to Cupertino Church of the Nazarene, Cupertino, California,
by deed recorded June 2, 1965, Book 69 ;'9 Official Records, Page 80;
Thence S. 0°0'08" E., along said West Brie 389.76 feet to the Southerly line of the
parcel first above referred to;
Thence S. 89°55'32" W., along said line 335.59 feet to the Point of Beginning.
EXHIBIT "A"'
Page 1 of 1
STATE OF CALIFORNIA
COUNTY OF SAT CLARA
On !O before me, Cc~ ~ ~,~Notary Public, personally appeared Karen
Siegfriedt, who proved to me on the basis satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me tha~she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY urnjer the I going
paragraph is true and correct. Commiaabn #t 1619814
WITNESS my hand and official seal. ~ ~ ~~y p~~ _ Colnornlo
Signature eal) Sar>!o Clor° County
t1Ay Comm. E~keri Nov 11, 20
STATE OF CALIFO NIA
COUNTY OF SA TA CLARA
On before me, ~s~L.C~~YQ(~jNotary Public, personally appeared
` ` who proved to me on fhb basis of satisfactory evidence to be the person whose
name is subscribed tot within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on tha instrument the person, or entity upon behalf of which
the person acted, executed the instrument.
1 certify under PENALTY OF PERJURY under th regoing
paragraph is true and correct. CA1FN 1. CHAPtDLER~
WITNESS my hand and official seal. Commis~bn #r 11519814
Notary Public - C°Nlornl°
Signature (Seal) S°M° Clor° County
MyComm. Ex~Nst Nov 11, 2
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same
in his/her authorized capacity, and that by his/her ~.ignature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY unc!er the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand-and official seal.
Signature.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
(Seal)
On before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same
in his/her authorized capacity, and that by his/her signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)