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D-445 Quitclaim Deed and Authorization for Underground Water Rights, APN 362-05-029, Reso 10-033 DOCUMENT: 20627100 Pages: 7 Fees.... No Fees RECORDING REQUESTED BY Taxes .. . Copies. City of Cupertino AMT P A I D REGINA ALCOMENDRAS RDE # 012 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 3/03/2010 Recorded at the request of 10.57 AM City Clerk's Office City City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 21350 Vai Avenue APN 362 -05 -029 David K. Kaneda and Stephania Wong Kaneda 32( Original 1 For Fast Endorsement QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 362 -05 -029 21350 Vai Avenue, Cupertino, CA 95014 David K. Kaneda and Stephania Wong Kaneda, Trustees of the Kaneda Family Trust U /D /T DTD June 12, 2003, OR SUCCESSOR TRUSTEES, hereinafter referred to as 2 c 1O �a the "GRANTOR ", this 2 day of \00,ni , ; hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF g 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. QWNE S: 7' 1 ) ip David K. Kaneda Step a, is Wong aneda (Acknowledgment and Notarial Seal Attached) PLEASE SEE ATTACHED CURRENT CALIFORNIA NOTARY FORM CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ���` �.e�C.e��' ^ rc; F., CC�C: c- �. �Y�. c: c.. �C.. cY.e^�:i�re�.;c- ;�.•cc�,e:C;c=; E`., �C. ;c�r,.M..e;Y��,r..c= t- ez.^•,c� C`.,c�C.,c- ,c.c; i!.,c�>;t- t��.;�.G��; State of California 1 County of 5Q v► -ct el D v7 `1.20/d before me, C- . r e / �"I�777 - 1-ro Ac i0C��t e r' 6, ate � L Here Insert Name and Tine of th Officer personally appeared f *ep aictyx , 9 GtJvrc y5 Q n ede C�.i -i� �a vl� K 7(ati K4 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)7are subscribed to the within instrument and acknowledged to me that Jaelsae /l:hey executed the same in hie/her/their authorized capacity(ies), and that by hisllaer /their signature(s) on the instrument the person(s), or the entity upon behalf of ' KAREN ARMSTRONG which the person(s) acted, executed the instrument. s COMM. #1855938 c'simv.411. NOTARY. PUBLIC - CALIFORNIA I certify under PENALTY OF PERJURY under the laws J My Comm. Expires June 27, SANTA COUNT201 Y �� of the State of California that the foregoing paragraph is true and correct. WITNESS my ha- • . nd official se 0►'r� Signatur -' A 1 " �I►�■ Place Notary Seal Above Signature of Notary ' blic OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /J Title or Type of Document: Z2Lc i4 is i h'1 � C /Id Atka i � "A 61 a k, r wK d� w� .er Document Date: ._ je4 n .i r y � poi O Number of Pages: Signer(s) Other Than Named Above: - - -� Capacity(ies) Claimed by 5i Signer's Name: Signer's Name: ❑ Individual ❑ Individual - ❑ Corporate Officer — Title(s): ❑ Corporate Office e(s): ❑ Partner — ❑ Limit- ❑ Gener- I p,r iuiui6YHINT' er — ❑ Limited ❑ General AIGHTTHUMBPAINT ❑ Attorney in Fact I OF SIGNER ❑ Attorney in Fact . OFSIGNER ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator \ ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: e.' d.. N C/d• N N d •el edyw w— - - d ^ - d H. ar W e' ' V4•W -!7. •tJ'. •H !Y 'A/ 'A�. e-'e�. •O/ - e/ - e7� *er Y/ a• ev' `e� 0 N••er.••- �' - e - -_ 'M. - el. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -576 -6827 EXHIBIT A Beginning at the Northeasterly corner of Lot 28, of Tract No. 597 Bianchi Terrace. In the Southerly line of Val Avenue, 60 feet wide, as said lot and avenue are shown upon the Map of said Tract No. 597 Bianchi Terrace, filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 26, 1949 in Book 22 of Maps, Page 43; thence along said line of Val Avenue, S. 89 degrees 55' E. 100 Feet; thence parallel with the Easterly line of said Lot 28, South 149.00 feet to the center line of the 18 foot right of way granted by Mrs. E.L. Watson to Harry Regnart, by deed dated February 3, 1891 and recorded in Book 134 of deeds, page 286, Santa Clara County Records, thence along said center line of said right of way, N. 89 degrees 59' W. 100 feet to the Southeasterly corner of said Lot 28; thence along the Easterly line of said Lot 28, North 149.00 feet to the point of beginning, and being a portion of the Northwest 1/4 of the Southeast 1/4 of Section 23, Township 7 South, Range 2 West, Mount Diablo Base and Meridian. APN /ARB: 362 -05 -029 "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 January 29 2010, from 21350 Vai Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on February 16` 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 23, 2010 By: Julie Hejza Clerk Recepti. ' RESOLUTION NO. 10 -033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, DAVID K. KANEDA AND STEPHANIA WONG KANEDA, 21350 VAI AVENUE, APN 362 -05 -029 WHEREAS, David K. Kaneda and Stephania Wong Kaneda, 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 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 adjourned meeting of the City Council of the City of Cupertino this 16th 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: • / City Clerk ' M. • , City of Cup- ino