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102-Quitclaim Deed.pdfQUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-17-063 10239 Amelia Court, Cupertino, CA 95014 Kelly -Gordon Development Corp., a California coruoration, hereinafter referred to as the "GRANTOR", this day of 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. OWNERS: Brian Kelly, President Kelly -Gordon Development Corp., a California corporation (Acknowledgment and Notarial Seal Attached) State of California County of Santa Clara On 12th day of May, 2011 before me, G. Jarnagan a Notary Public, personally appeared Brian Kelly, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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_.ixry,bqod and official seal. Signature~ Name: C. Jarnagan (typed or printed) G. JARNAGAN COi #' , # 1854139 NOTARY PUuLIC-CALIFORNIA �! SANTA CLARA COUNTY w MY COMM. EXP. JUN. 19. 2013 � (Seal) GJ/9] 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: Lot 2 as shown on that certain Parcel Map, Lands of Kelly Gordon development Corp., recorded November 16, 2010 in Book 840 of Maps, at Pages 16-17, Santa Clara County Records. Reserving therefrom: Easements for emergency vehicle access, ingress and egress, private ingress and egress, public utilities and private storm drain, as shown on said Map for the benefit of Lot 1 of the above said Map. Parcel Two: Easements for emergency vehicle access, ingress and egress, private ingress and egress, public utilities and private storm drain, over those portions of Lot 1 as shown on the above said Map. Parcel Three: An easement for the purpose of ingress and egress over a strip of land described as follows: Beginning at an iron pipe set in the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to John A. C huk, dated August 3, 1940, recorded August 17, 1940, in Book 993 Q.R. Page 591, Santa Clara County Records, distant thereon South 410 27' Eaast'366.50 feet from the Southwest corner of said 10.06 acre tract, and running thence from said point of beginning North 11, 0& West 426.61 feet to the Southeasterly corner of the Parcel of land firstly above described; thence along the Southerly line thereof North 83° 17' West 20.1.9 feet, thence parallel with and 20 feet Westerly at right angles from the first course of this description South 1° 08' !vast 324.10 feet, thence running along a curve to the right with a radius of 30 feet through an angle of 139° 41' a distance of 73.14 feet to a point on the Southwesterly line of said 10.06 acre tract running thence along said Southwesterly line South 410-27' East 112.63 feet to the paint of beginning. Parcel Four: A right of way for road purposes over a strip of land 20 feet in width, the Westerly line of which is described as follows: Beginning at the Northernmost corner of that certain 0.202 acre tract of land described in the Dead from W. L. Stapp, et al, to L. W. Northon, et ux, dated January 8,1943, recorded January 15, 1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence from said point of beginning South 10 08' East 132.58 feet to the Southwesterly comer of said 0.202 acre tract. Page I of 2 Parcel Este: An easement for the purpose of Ingress and egress over a parse! of land described as follows; Beginning at an iron pipe RN" on the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaten Company, a oDrporation, to John A. Chuk, dated August 3, 1940, and recorded August 17, 1940, in Book 993 O.R. at Page 591, Santa Clara County Records, distant thereon South 410 27' bast 366.50 feet from the 5cuthwestedy corner of said 10.06 acre tract, thence from said point of beginning running North 10 08` West 208.04 feet to the Southwest corner of that certain 0.202 acre tract of land described in the Deed from W. L. Stapp, et al, to L. W. Northon, et ux, dated January 8, 1943, and recorded January 15, 1943, in Heels 1124 0,11. at Page 312, Santa Clara County Records; thence along the Southerly line of said 0.202 acre tract, thence South 85e 00' East 20.12 feet to an iron pipe; thence running South 10 08' East 100.56 feet to an iron pipe, thence curving tangentially to the right on a curve of 70 feet radius through -an angle of 440 25' for an arc distance of 54.27 feet to an iron pipe, thence South 31Q 56' East 35.79 feet to an iron pipe, thence South 100 127 Vest 38.89 feet to an iron pipe on the Southwesterly line of 10.06 acre tract so described in the Deed to John A. Chuk above referred to; thence along said last named Southwesterly line North 4111 27' West 16.48 feet to the point of beginning. AM 326-17-063 Page 2 of 2