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D-499 Quitclaim Deed and Authorization for Underground Water Rights, 21700 Alcazar Ave, APN 357-19-019, Reso 11-048 DOCUMENT: 21143060 Pages 6 1' 1 I Fees.... + No Fees RECORDING REQUESTED BY Taxes I I I Copies . . AMT PAID City of Cupertino REGINA ALCOMENDRAS RDE # 009 WHEN RECORDED MAIL TO `✓ANTA CLARA COUNTY RECORDER 4/ 12/201 1 Pecorded at the request of 10 54 AM City Clerk's O f f i c e C i t y 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 AU WT ER RIGHTS T ATIN FOR UNDERGROUND W 21700 Alcazar Ave. APN 357 -19 -109 Paul A. Lassa and Palmyra S. Pawlik gi Original 0 For Fast Endorsement RESOLUTION NO. 11 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, PAUL A. LASSA AND PALMYRA S. PAWLIK, 21700 ALCAZAR AVE., APN 357 -19 -109 WHEREAS, Paul A. Lassa and Palmyra S. Pawlik, 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 5th day of April, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: 4.0" 4A/t City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -•19 -109 21700 Alcazar Ave, Cupertino, CA 95014 Paul A. Lassa and Palmyra S. Pawlik, husband and wife as community property with rights of survivorship, hereinafter referred to as the "GRANTOR ", this 5744 day of March, 2011, 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. OWN RS: 7 7/1 C -1, Paul . Lassa Palmyra S. Pawlik (Acknowledgment and Notarial Seal Attached) State of California County of cet ss. On Mt ng1d11 before IRIMMIJNA Notary Public, personally appeared • MCI • who proved to me on the basis of satisfactory evidence to be the , `'1 " """ £ " ' person(s) who, c• name v+ i (s)is /are subscribedto?he�� „ ninins;rumentand •? „ acknowledged to me that he / she /they execute : ":e same in his /her /their -.f^i authorized capacity(ies), and that by his/her /their sign. ture(s) on the z Notary N u � u� q ;� C 1 l' for n in1 a instrument the person(s), or the entity upon behalf of which thepe+rson(s) :r`ra r ' '' r u acted, executed the instrument. 1 certify under PENALTY OF PERJURY > f n i ti. 2i 17. under the laws of the State of California that the foregoing par true and correct. WITNESS my hand and official eal. < aph is State of California County of AVM”' '/wL - ss. On 1 Q � � before e , Notary Public, personally appeared , 0 :� k who proved to me on the basis of satisfa ory evidence to be the person's) who ,e name(s) is /are subscribed to'.ic nin instrument and i ,;•.- acknowledged to me that I t e/; ; ey execut° ' +- - ,me in his /her /their + + i authorized capacity(ies), and that by his /herith_ s:c� lure(s) on the G �i' CT 1ssion # 13',".1169 z �r instrument the person(s),or the entity upon behalf of wnich the person(s) 5 •;'' Nol y Public - California z acted, executed the instrument I certify under PENALTY OF PERJURY Santa Clara County u poor the laws of the State of California that the foregoing FFgraph is r r nv 18, 2.v 12. tr,:e and correct . WITNESS my hand and official seal. EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO , COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel One: Lot 17, as shown upon that certain map entitled, "Tract No. 300 Map of Noonan Subdivision Unit No. 2" which Map was filed for record In the office of the Recorder of the County of Santa Para, State of California on May 6, 1946 in Book 10 of Maps, at page 16. { Parcel vo: CAaxnendng at the most Northerly comer of Lot 17 Tract No. 300 as shown upon that certain Map recorded In Book 10 of Maps at page 16 records of said Santa Clara County, said comer bein the most as shown upon said Map; thence South 0° 00' 30" East along the g �� Alcazar Avenue thence South 89° 49' 50" West a distance of 8.71 feet too the true Easterly b of nsaid and 17 a distance the of 25.00 feet; y l pohht of beginning and a point In the right of way line of said Alcazar Avenue, and a point of cusp on a curve concave Westerly having a radius of 40.00 fee thence Southerly, Soutlavesteriy and Westerly along last mentioned right of way lira: and curve, a radial from which bears North 51 29' 15" West through a central angle of 81° 42' 58" an arc distance of 57,05 feet to a point in the Westerly line of said Lot 17; thence North 0° 08' 10" West along last mentioned Westerly line distance of 9.50 feet; thence North 89° 49' 50" east a Jstanoe of 51.46 feet to the true point of beginning. • "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 March 8` 2011, from 21700 Alcazar Ave. to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on April 5 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: April 8, 2011 By: Kirsten Squarcia Clerk Receptionist