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D-426 Quitclaim Deed, 20920 McClellan Rd APN 359-20-028, Reso 09-168RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 DOCUMENT: 20484720 Pages 7 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Cop ices . ~ No Fees AMT PAID REGINA ALCOMENDRAS RDE #3 001 SANTA CLARA COUNTY RECORDER 10/29/2009 Recorded at the request of 1 41 PM city NO FEE /N ACCORDANCE W/TH GOV. CODE 2728 E ABOVE THIS LINE FOR REGORUEK'S u5t~ QUITCLAIM DEED ANCI AUTHORIZATION FOR UNDERGROUNDI WATER RIGHTS St. Jude the Apostle E=piscopal Church 20920 McClellan Road APN 359-s'!0-028 Original O For Fast Endorsement QUITCLAIM DEED ANI) AUTHORIZATION FOR UNDERGROUNT~ WATER RIGHTS APN 359 :LO-028 20920 McClellan Road, Cupertino, CA 95014 St. Jude the Apostle Episcopal Church in Cupertino, California, hereinafter referred to as the "GRANTOR", this 1/ ~~ day of (? c=f" , 2009, hereby grants, bazgains, 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 Claza, 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 Claza Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby inrevocably 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 legal description or to authorize G EZANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and aurhorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. August 24, 2009 Job No. 09002 LEGAL DESC-RIPTION A PORTION OF SECTION 24, T. 7 5., P: 2 W., M.D.B.BcM. 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 1 70, at the intersection thereof with the Easterly line of the parcel described in the instrument of dedication to the City of Cupertino, recorded July 1 O, 1964, Book 6577 Official Records, Page 252; Thence North along said Easterly line 360.02 feert; Thence along a tangent curve to the right with a radius of 30 feet, through an angle of 89°58'02", an arc distance of 47.1 1 feet to a ;3outherly 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 6979 Official Records, Page 80; Thence S. O°0'08" E., along said West line 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 l STATE OF CALIFORNIA COUNTY OF S NTA CLARA O~ On ~L before me. ~~a-~~~.a L.(~h]fbo~yE7cNotary 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 instn~ment and acknowledged to me that 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 unde~~ law~o*` a foregoing paragraph is true and correct. ~y ~ ~MIDtr~ WITNESS my hand and official seal. CprrrrMMlp~ 1 1019814 .~( ~ lbby ^+b~c - CaMOre~to Signature~`~(~ o~~4rD6_ eaq ~~ 8onb Cbo CourMy STATE OF CALIFORNIA ~A-CamrR NOVA COUNTY OF SANT CLARA On ~. before me, ~~~Y1CNotary Public. Personally appeared ~~_+~S°~n i-~,a r.c~f+':ho proved to me tie basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. 1 certify under PENALTY OF PERJURY un a th I~yvs o~~gte of California that the foregoing paragraph is true and correct. CI~N ~ WITNESS my hand and official seal. _ Coon /1619814 Signature (Seal) ~ No~Y Rtl6 ~ Cv~Uorrtro i4fl~o Clap CovMy STATE OF CALIFOR IA ~COA~~~Norll 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 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF SANTA CLARA On before me, Notary Public, personally appeared who proved to me on Uhe 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) RESOLUTION NO. 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, Count~/ 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 showi 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 ~~ity 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 20th day of October, 2009, by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ~/ _ ~ ~ ~~ City Clerk Mayor, City of C ertino