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D-443 Quitclaim Deed, 22001 Lindy Ln, APN 356-27-002, Reso 10-026 RECORDING REQUESTED BY DOCUMENT: 20606649 Pages: City of Cupertino Fees.... 4- No Fees WHEN RECORDED MAIL TO I Taxes .. . Copies. City Clerk's Office AMT PA I D City of Cupertino REGINA ALCOMENDRAS RDE # 01 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 2/09/2010 Cupertino, CA 95014 -3255 Recorded at the request of 2 57 PM Cit,� (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 22001 Lindy Lane APN 356 -27 -002 Thomas Surrette and Hemal Surrette '' Original El For Fast Endorsement RESOLUTION NO. 10 -026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, THOMAS SURRETTE & HEMAL SURRETTE, 22001 LINDY LANE, APN 356 -27 -002 WHEREAS, Thomas Surrette & Hemal Surrette, 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 fie 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 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 City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: • , a-12`7(71- iie7 City Clerk ayor, City of upertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 356 -.27 -002 22001 Lindy Lane Cupertino, CA 95014 Thomas Surrette & Hemal Surrette,,hereinafter referred to as the "GRANTOR ", this day of i)/ f , 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 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 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 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 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Thomas Surrette -Iemal Surrette (Acknowledgment and Notarial Seal Attached) PAGE 1 ACKNOWLEDGMENT State of California County of SSNyTj LiAgA ) On iii: C . L OU I before me, 1 r 14 s ��t f 4 , te a, P ► �1 c. (insert name and title of the officer) personally appeared Tic MA 1 SuR C T7G i4EMAL SL<ARC1T who proved to me on the basis of satisfactory evidence to be the persons , whose name s@ j are subscribed to the within instrument and acknowledged to me that l,3e /Oe /they executed the same in h IJaerr /t eir authorized capacity and that by tyis /fjer /their signature s®on the instrument the personal Q } or the entity upon beha of which the perso 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. DAMIAN A. DEPA Commlaslon # 1751732 Notary Public - California Santa Clara Count Signature �: (Seal) NV COMM B Jun 18,2011 EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: PARCEL ONE: Beginning at a 1/2" pipe set in the line dividing Sections 22 and 23 Township 7 South, Range 2 West, Mount Diablo Base and Meridian, distant thereon North 0° 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 feet; South 42° 24' West 30.65 feet; South 57° 39' West 65.73 feet; South 75° 48' West, 102.55 feet; South 88° 57' West 39.86 feet; South 68° 06' West 35.79 feet; South 23° 01' West 73.51 feet to a 1/2" pipe; thence leaving said center line of said creek and running North 66° 59' West 41.85 feet to a 1/2" pipe; thence North 27° 47' East 147.56 feet to a 1/2" pipe; thence North 0° 28' East 154.08 feet to a 1/2" pipe, thence North 76° 45' East 421.15 feet to a 1/2" pipe set in the line dividing said Sections 22 and 23 thence along said Section line South 0° 10' East 155.61 feet to the point of beginning, and being a portion of the South 1/2 of the Southeast 1/4 of Section 22, Township 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 9648, Page 194, Official Records, and more particularly described as follows: All 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 to Jack and Frances Elizabeth Pinney, recorded in Book 7376 Official Records, at page 729, Santa Clara 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 thereon North 0° 10' West 592.68 feet from the common corner of Sections 22, 23, 26 and 27, Township 7 South, Range 2 West M.D.B. & M.; thence leaving said Section line of running along the centerline 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 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 lands described in said Deed; thence North 76° 46' East 200.00 feet to a point in the line dividing said Section 22 and 23; thence along Section Line, South 0° 10' East 155.61 feet to the point of and being a portion of the South 1/2 of the Southeast 1/4 of Section 22, Township 7 South, Range 2 West, M.D.B. & M. PARCEL TWO: A non - exclusive Easement for ingress and egress appurtenant to said Parcel One hereinabove described as Reserved in the Deed to Hillsdale Properties, a limited partnership, recorded December 30, 1971, in Book 9648, Page 194, Official Records, 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 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated December 21, 2009, from 22001 Lindy Lane to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on February 2 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 8, 2010 4, By: Julie H jza Clerk • eceptionist