D-495 Quitclaim Deed and Authorization for Underground Water Rights, 10625 Cordova Rd APN 342-22-103, Reso 11-005 DOCUMENT: 21082271 Pages: 9
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City Clerk's Office SANTA CLARA COUNTY RECORDER 2/14/2011
City of Cupertino Recorded at the request of 10:22 AM
10300 Torre Avenue City
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
10625 Cordova Road
APN 342 -22 -103
Steven A. Brienberg and Danna S. Breinberg
-O Original
0 For Fast Endorsement
RESOLUTION NO. 11 -005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, STEVEN A. BREINBERG AND DANNA S. BREINBERG,
10625 CORDOVA ROAD, APN 342 -22 -103
WHEREAS, Steven A. Breinberg and Dania S. Breinberg, 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 meeting of the City Council of the City of
Cupertino this 18th day of January, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Santoro, Cha:ag, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/(/
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342-22-103
10625 Cordova Road, Cupertino, CA 95014
Steven A. Breinberg & Danna S. Breinberg, husband and wife, community property
with right of survivorship, hereinafter referred to as the "GRANTOR ", this 4 day
of D Cc erna3€i - , 2010, 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:
Steven A. Breinb g
Danna S. Breinberr
(Acknowledgment and Notarial Seal Attached)
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:
All of Parcel B of Record of Survey filed in Book 226 of Maps at page 42, Santa Clara County
Records.
EXCEPTING THEREFROM the following described parcel of land:
Beginning at the Southwesterly terminus of the course South 43° 20' West 135.03 feet as
shown on the above referred to Record of Survey; thence along the boundary line common to
said Parcel B and Section 188 of Map of inspiration Heights, Monte Vista fled in Book "P" of
Maps at page 13, Santa Clara County Records, North 43° 20' East, 40.00 feet; thence leaving
said line, South 5° 55' 35" East 60.31 feet to an angle point on the Southerly line of said Parcel
B, said point being the Northwesterly terminus of the course South 55° 38' East, 53.56 feet;
thence along the Southerly line of said Parcel B of said Survey, South 50° 09' 25" West, 3.52
feet; thence leaving said line North 43° 03' 20" West 45.37 feet to the point of beginning.
PARCEL TWO:
A non - exclusive easement for ingress and egress and public utility purposes over a strip of land
10 feet in width Northeasterly line is described as follows:
Beginning at a point on the Southeasterly line of 188, shown upon that certain Map entitled,
"Map of Inspiration Heights, Monte Vista ", filed for record in the Office of the Recorder of the
County of Santa Clara, in Book "P" of Maps, page 1.3, said point of beginning lying North 43° 20'
East 91.24 feet from the most Southerly corner of said Section 188; thence from said point of
beginning South 72° 17' East 50.58 feet; thence South 55° 38' East 53.56 feet; thence South
71° 48' East 73.73 feet; thence North 83° 06' East to the center line of Cordova Road and the
Easterly terminus of said easement, said easement, said easement being over a portion of
Parcel A as shown on that certain Map filed for record on August 10, 1967 in Book 226 of Maps,
page 42. ,
PARCEL TRHEE:
All of Sections 186 and 187 as shown upon that certain Map entitled "Map of Inspiration
Heights, Monta Vista", which Map was filed for record on April 11, 1917 in the Office of the
Recorder of the County of Santa Clara, State of California in Book "P" of Maps, at page 13.
Excepting Therefrom all that portion thereof lying within the bounds of Parcel A and B as shown
upon that certain Map entitled "Record of Survey being Lots 186, 187 and portion of Lots 190 &
•
191 Inspiration Heights, Monta Vista ", which Map was filed for record on August 10, 1967 in
Bookk`226 of Maps, page 42.
PARCEL FOUR:
A portion of Section 188 as shown on Map of Inspiration Heights, Monta Vista, filed on April 11,
1917 in Book "P" of Maps at Page 13, Santa Clara County Records, described as follows:
Beginning at the point of intersection of the centerlines of Mercedes Road and Cordova Road as
shown on Record of Survey filed in Book 226 of Maps at page 42, Santa Clara County Records;
thence along the boundary line common to Parcel B of said Survey and Section 188 of Map of
Inspiration Heights Monta Vista, South 43° 20' West 37.50 feet to the true point of beginning of
the herein described parcel; thence from said true point of beginning along said common
boundary line, South 43° 20' West 57.00 feet; thence leaving said line, North 5° 09' 35" West,
46.56 feet; thence along a line parallel with the centerline of Mercedes Road as shown on said
Record of Survey and distant therefrom 30 feet, right angle measure South 83° 32' East 43.48
feet to the true point of beginning.
PARCEL FIVE:
An exclusive easement for the following:
A. For the growing of vegetation
B. For pedestrian and equestrian access, ingress arid egress
C. For the construction of sidewalks and stairs; and
D. For the construction of a roadway or driveway for vehicular ingress and egress and parking
And being described as follows:
A. A portion of Section 188 of Map of Inspiration Heights Manta Vista filed on April 11, 1917 in
Book "P" of Maps . at page 1,3 Santa Clara County Records, described as follows:
Beginning at a point on the boundary line common to said Section 188 and Parcel B as shown
upon Record of Survey filed in Book 226 of Maps at page 42, Santa Clara County Records,
distant thereon South 43 20' West 31.85 feet from the point of intersection of the centerlines
of Mercedes Road and Cordova Road as shown upon said Record of Survey; thence from said
point of beginning continue South 43° 20' West, 5.6.5 feet; thence along a line which is parallel
with the centerline of Mercedes Road and distant therefrom 30 feet, right angle measure North
83° 32' West, 26.80 feet; thence leaving said line North 12° 42' 45" East 25.25 feet to the top
center of an existing asphalt curb, as said curb existed on or prior to May 15, 1991; thence
leaving said point South 46° 40' East 34.30 feet to the point of beginning.
B. A portion of Section 188 of Map of Inspiration Heights Monta Vista filed on April 11, 1917 in
Book "P" of Maps at page 13, Santa Clara County Records described as follows:
PARCEL FIVE:
Beginning at a point on the boundary line common to said Section 188 and Parcel B of. Record
of Survey filed in Book 226 of Maps at page 42, Santa Clara County Records, distant thereon
South 43° 20' West, 25.00 feet from the point of intersection of the centerlines of Mercedes
Road and Cordova Road as shown on said Record of Survey; thence from said point of
:beginning continue South 43° 20' West 6.85 feet; thence leaving said line North 46° 40' West,
34.30 feet to the top center of an existing asphalt curve, as said curb existed on or prior to May
15, 1991; thence along said curb the following four courses:
1) South 76° 30' East, 5.08 feet;
2) South 68° 04' East 5.00 feet;
3) South 57° 25' East 5.00 feet; and
4) South 47° 52' East 7.00 feet
Thence leaving said curb and along the Southerly edge of paving of Mercedes Road, South 33°
30' East 5.50 feet and South 19° 00' East 2.95 feet to a point on the Southerly line of said
Mercedes Road, 40 feet wide; thence along said last -named line South 83 32' East, 6.72 feet
to the point of beginning.
342 -22 -103
13010
SH /LA /AG
A 342 -22 -056, 48.01
CALIF() IA 1
CERTIFICATE l'KNOWLEDGVIENT
State of California
County of Sat-. 0 cog--
On e vY.b',-- 4 DIG before me, D a- 6 5 1 . , 5- k: Pet- p &•h G c
(Here insert name and title of the officer)
personally appeared _ _1 r A- 6 E I tv t3 E--r20 p1Ji) b A N NA 5 6€ i NBC
who proved to nee on the basis of satisfactory evidence to be the person() whose name ()) stare subscribed to _
the within instrument and acknowledged to me that 1 4 eithey executed the same in hi4atiNitheir authorized
capacit 4, and that by 1�• /their signature on the instrument the personO, or th f
e entity upon behalf of
which the personC) 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. V � •� DAKSHA K ^ 6
; COMM. #1849622 PATEI
w�, FJw NOTARY PUBLIC • CALIFORNIA ,—
WITNESS my hand and official seal.
, " MY Comm• E Pi es May COUNTY
17, 2013
121
Signature of Notary Public
(Notary Seal)
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"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 4` 2010, from
10625 Cordova Road
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
January 18` 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: February 10, 2011
By: /4'5'
Kirsten Squarcia
Clerk Receptionist