13. Quitclaim deed 22001 Lindy LaneDR~4FT
RESOLU'T'ION NO. 10-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND Ai:rTHORIZATION FOR UNDERGROUND
WATER RIGHTS, THOMAS SURIZETTE & HEMAL SURRETTE,
22001 LINDY LANE, APN 356-27-002
WHEREAS, Thomas Surrette & Hemal Sunrette, have 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 in tl~.e City of Cupertino, County of Santa
Clara, State of California, as shown in the ~~ttached 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 (:ity Clerk is hereby authorized to record said
"Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 2nd day of February, 2010, by the following vote:
Vote Members of the Cit`~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk
Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 356-27-002
._....-
22001 Linde Lane Cupertino, CA 95014
Thomas Surrette & Hemal Surrette,,hereinafterrefecred to as the "GRANTOR", this
day of r•t ~- , 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
County of Santa Clara, State of California, and specifically described as fellows:
SEE ATTACHED EXHIBIT "A"
to pump, take or otherwise extract water from the underground basin or any underground
strata in the Santa Claza 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 of
overlying lands in the said iot 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 authorization is made for the benefit lot within the
above described legal description and shall bind the owner of said lot within said legal
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description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
(Acknowledgment and Notarial Seal Attached)
PAGE 1
13-3
ACKNOWLEDGMENT
State of Caiifomia
County of ~(~i~~f~ C-t ~R,~ )
On Ijir C . t l . L t3C~'S before me, t, AM ~ ~ A. i ~f ~-, /~471412Z ~U,t)1.1 c..
(insert name and title of the of#icer}
personally appeared S u 7 - I~ ~ AL S ~RR~1 ~~~
who proved to me on the basis of satisfactory evi ence to be the perso s whose name s Mare
subscribed to the within instrumen and acknowledged to me that f,~e/~/they executed the same in
his'Ib'er/t eir authorized capacity ies and that by J~ss/Fyer/their signature sQ,on the instrument the
person or the entity upon baba of which the person (s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ ,~
DAMIAN A, DEPA
Commlaalon ~ t 73t 732
~~ Notary Public - Caiitornia
Santa Clara County
(Seal) ~'NCOnm.tS~IresJ~nt8,201t
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EXHIE~IT A
The land referred to is situated in the County of ~~anta Clara, Gty of Cupertino, State of
California, and is described as follows:
PARCEL ONE:
Beginning at a 1/2" pipe set in the line dividing SE~.tions 22 and 23 Township 7 South, Range 2
West, Mount Diablo Base and Meridian, distant thereon North D° 10' West 592.68 feet from the
common corner for Sections 22, 23, 27 and 28 of Township 7 South, Range 2 West; thence
leaving said Section line and running along the center line of the Dry Creek the following
courses and distances; South 63° 28' West 75.65 feet, South 52° 28' West 47.18 feet; South
76° 08' West 61.17 feefi South 42° 24' West 30.65 feet; South 57° 39' West 65.73 feet; South
75° 48' West, 102.55 feefi South 88° 57` West 39.86 feet; South 68° Ofi' West 35.79 feet;
South 23° 01' West 73.51 feet to a 1/2" pipe; thence leaving said center lute of said a eek and
running North 66° 59' West 41.85 feet to a 1/2" pipe; thence Nortfi 27° 47' East 147.56 feet to
a 1/2" pipe; thence North 0° 28' East 154.08 feet to a I/2" pipe, thence North 76° 45' East
421.15 feet to a 1/2" pipe set in the line dividing said Sedtons 2Z and 23 thence along said
Section line South 0° 10' East 155.61 feet 6o the point of beginning, and being a portion of the
South i/2 of the Southeast 1/4 of Section 22, ToK~nship 7 South, Range 2 West, M.D.B. & M.
EXCEPTING THEREFROM, that portion as Granted to Hillside Properties, a limited partnership,
by Deed recorded December 30, 1971 in Book 96~'F8, Page 194, Official Records, and more
particularly described as foAows:
Ail that certain real property situate in the County of Santa Clara, State of California, and being
a portion of the land described in the Deed th Jack; and Frances Elizabeth Roney, rernrded in
Book 7376 Offidal Records, at page 729, Santa Ckira County Records, and more particularly
described as follow: Beginning at a point in the line dividing Section 22 and 23,. Township 7
South, Range 2 West, M.D.B. & M., and distant the:n~on North 0° 10` West 592.68 feet from the
common comer of Sections 22, 23, 26 and 27, To~rmship 7 South, Range 2 West M.D.B. & M.;
thence leaving said Sedaon line of running along ttEe centerline of the Dry Creek the following
courses and distances; South 63° 28' West 75.65 fist, South 52° 28' West 47.18 feet; South
76° 08' West 31.17 feet; thence leaving said Creek centerline, and running ,North 18° 23' 11"
West 189.456 feet to a point in the Northwesterly line of the farads described in said Deed;
thence North i6° 46' East 208.00 feet to a point in the line d'nriding said Section 22 and 23;
thence along Secction iine, South 0° i0' East 155.61 feet to the point o~beginning, and being a
portion of the South 1/2 of the Southeast 1/4 of Section 22, To~.vnship ~i South, Range 2 West,
M.D.B. & M.
PARCEL 7W0:
A non-exdusive Easement for ingress and egress appurtenant to said Parc~i One hereinabove
described as Reserved in the Deed to Hillsdale Properties, a limited partnership, recorded
December 30, I97i, in Book 9648, Page I94, Offia~al Rexnrds, over a strip of land 50 feet in
width, lying Northerly of and contiguous to the Southerly Line of the parcel above described and
excepted from Parcel One.
APN: 356-27-002
A356-27-002 13-5