D-527 Quitclaim Deed and Authorization for Underground Water Rights, 106700, 10700, & 10710 North Tantau Ave, APN 316-09-019, 316-09-027, & 316-09-028, Reso 11-155 DOCUMENT: 21352900 Pages: 8
RECORDING REQUESTED BY
Fees. . . . No Fees
Taxes. .
City of Cupertino Copies. .
AMT PAID
WHEN RECORDED MAIL TO —
REGINA ALCOMENDRAS RDE # 024
City Clerk's Office SANTA CLARA COUNTY RECORDER 10/07/2011
City of Cupertino Recorded at the request of 8: 14 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
10670, 10700 AND 10710 NORTH TANTAU AVENUE
APN 316-09-019, 316-09-027 & 316-09-028
TANTAU PROPERTIES, LLC, A DELEWARE LIMITED LIABILITY
COMPANY
SZ Original
O For Fast Endorsement
RESOLUTION NO. 11-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, TANTAU PROPERTIES, L,LC, A DELAWARE LIMITED LIABILITY
COMPANY, 10670, 10700 AND 10 710 NORTH TANTAU AVENUE,
APN 316-09-019, 316-09-027 & 316-09-028
WHEREAS, Tantau Properties, LLC, a Delaware limited liability company, has 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 6th day of September, 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:
6/Wg 1\rt.A >ft tthi
Kimberly Smith, City Clerk ilbert Wong, Mayor, City If Cu.- ino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316-09-019,316-09-027 &316-09-028
10670, 10700 and 10710 North Tartan Avenue, Cupertino,CA 95014
Tantau Properties LLC, a Delaware limited liability company, 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, i:'iterests, 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.
GRANTOR:
Trantau Properties LLC, a
llelaware limited liability company
Joan L. Yori, Ma .t-r
(Acknowledgment and Notarial Seal Attached)
tostr
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara,State of California,described as
follows:
PARCEL ONE:
A PORTION OF LOTS 4 AND 7,AS SHOWN ON THAT CERTAIN MAP ENTITLED"MAP OF THE
PARTITION OF THE GLENDENNING ESTATE IN THE QUITO RANCHO",WHICH WAS FILED IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON
OCTOBER 24, 1884 IN BOOK B OF MAPS, PAGE 15, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF PRUNERIDGE AVENUE,AS
ESTABLISHED BY FINAL JUDGMENT OF CONDEMNATION IN FAVOR OF THE CITY OF
CUPERTINO,A CERTIFIED COPY OF WHICH WAS RECORDED JULY 20, 1967, BOOK 7757
OFFICIAL RECORDS, PAGE 626,WITH THE EASTERLY LINE OF SAID LOT 4;
THENCE FROM SAID POINT OF BEGINNING NORTH 0°26' 11"EAST ALONG THE EASTERLY LINE
OF SAID LOT 4, 138.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 4 AND THE
SOUTHEAST CORNER OF SAID LOT 7;
THENCE NORTH 0° 12'36" EAST ALONG THE EASTERLY LINE OF SAID LOT 7, 118.89 FEET;
THENCE SOUTH 89°24' 42"WEST 288.33 FEET TO THE EASTERLY LINE OF TANTAU AVENUE;
THENCE SOUTHERLY ALONG SAID LINE OF TANTAU (AVENUE ON THE ARC OF A CURVE TO THE
LEFT,FROM A TANGENT WHICH BEARS SOUTH 11°07' 17"WEST WITH A RADIUS OF 562.50
FEET,THROUGH A CENTRAL ANGLE OF 10°41' 06" FOR AN ARC DISTANCE OF 104.90 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 0°26' 11"WEST 102.42 FEET AND ON A
TANGENT CURVE TO THE LEFT,WITH A RADIUS OF 50 FEET,THROUGH A CENTRAL ANGLE OF
91°01'29" FOR AN ARC DISTANCE OF 79.43 FEET TO SAID NORTHERLY LINE OF PRUNERIDGE
AVENUE;
THENCE NORTH 89°24'42" EAST ALONG SAID LINE, 247.65 FEET TO THE POINT OF
BEGINNING.
PARCEL TWO:
A PORTION OF LOT 7,AS SHOWN ON THAT CERTAIN MAP ENTITLED"MAP OF THE PARTITION
OF THE GLENDENNING ESTATE IN THE QUITO RANCHO",WHICH WAS FILED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA,STATE OF CALIFORNIA ON OCTOBER
24, 1884 IN BOOK B OF MAPS, PAGE 15, DESCRIBED AS FOLLOWS:
BEGINNING ON THE EASTERLY LINE OF SAID LOT 7, DISTANT THEREON NORTH 0° 12' 36"
EAST 118.89 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 7;
THENCE SOUTH 89° 24'42"WEST 288.33 FEET TO THE EASTERLY LINE OF TANTAU AVENUE;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF TANTAU AVENUE, ON THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 562.45 FEET, FROM A TANGENT BEARING NORTH
11°07' 17" EAST THROUGH AN ANGLE OF 1.4° 56'08"AN ARC DISTANCE OF 146.63 FEET;
THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 637.5
FEET,THROUGH AN ANGLE OF 19° 56' 11",AN ARC DISTANCE OF 221.82 FEET TO THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT 1867, WESTWOOD OAKS
UNIT NO. 5,THE MAP OF WHICH WAS RECORDED MAY 22, 1958 IN BOOK 93 OF MAPS, PAGES
49, 50 AND 51;
THENCE ALONG SAID PROLONGATION NORTH 89° 24' 05"EAST 181.83 FEET TO THE
EASTERLY LINE OF SAID LOT 7;
THENCE SOUTH 0° 12'36"WEST ALONG THE EASTERLY LINE OF SAID LOT 7,349.59 FEET TO
THE POINT OF BEGINNING.
PARCEL THREE:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR PEDESTRIAN AND VEHICLES
OVER,ALONG AND ACROSS EASEMENT PARCELS NO. 1, 2,3; 5,6,7 AND 8,AS DESCRIBED
AND SHOWN IN THE RECIPROCAL DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT
RECORDED JUNE 02, 1972 IN BOOK 9862, PAGE 473, OFFICIAL RECORDS.
APN: 316-09-019, 316-09-027 and 316-09-028
DELAWARE ALL-PURPOSE
ACKNOWLEDGMENT CERTIFICATE
State of Delaware
County of New Castle
On August 4th, 2011 before me, Jean Marie Wagner, notary public, personally appeared Joan L. Yori, who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under Penalty of Perjury under the laws of the state of Delaware that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
, JI
or re of Notary Public (Notary Seal)
aen
Printed name of Notary Public
Ae_. --4,A164.— 12.2? .14/ /
My Commission Expiration WEAN MARIE WAGNE:R
Notary Public- State of Delaw
*QUM OXPires Deo.2a,g-• ,
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER
(TitI of document)
Number of Pages 3 (Document Date)44e, /1
(Additional Information)
CAPACITY CLAIMED BY THE SIGNER
Joan L.Yori
Manager
Tantau Investments, LLC
"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
August 4`", 2011, from
10670, 10700 AND 10710 NORTH TANTAU AVENUE
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
September 6`", 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: September 13, 2011
By: en—�
Kirsten Squarcia
Clerk Sr. Assistant