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D-594 Quitclaim Deed and Authorization for Underground Water Rights, 20030 Stevens Creek Blvd & 10021 S. Blaney Ave , APN 369-03-004 and 006, Preg Biltmore DOCU14ENT : 22390119 Pages: 9 Y Y RECORDING REQUESTED BY Fees. . . . * No Fees Taxes. . . City of Cupertino Cop i es. . AMT PAID WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 006 SANTA CLARA COUNTY RECORDER 9/18/2013 City Clerks Office Recorded at the request of 1042 AM City of Cupertino Recording Service 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 APN #369-03-004 & APN #369-03-006 20030 Stevens Creek Blvd., & 1_0021 South Blaney Avenue, Cupertino, ACA 95014 PREG BILTMORE, a California Limited Partnership lk Original 13 For Fast Endorsement J F QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN#369-03-004&. APN#369-03-006 20030 Stevens Creek Blvd, & 10021 Soluth Blaney Ave, Cupertino, CA 95014 PREG BILTMORE, a California Limited ]Partnership, hereinafter referred to as the "GRANTOR", this 27"' day of March, 2013, 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 beret,), 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 sucla 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. { J IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: PREG BILTMOR.E, a California Limited Partnership By: SUNSET RIDGE DEVELOPMENT CO., INC, A California core ation, its al partner By: _ -V Jonathan ]\/loss, cutive Vic resident CITY OF CUPERTINO: Timm .D. Borden, PE Director of Public Works (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEMGMENT CIVIL CODE§ 1189 FState Calif�ornil a f ✓T'I" 1C/l/ Ordq O• before me, IL P i�"/iV(9 IN Date Here Insert Name a d Title ofAe Offic personally appeared -��1�► �� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name) (care subscribed to the within instrument and acknowledged to ne that she/they executed the same in 9,11her/their her/their authorized capacity Keinstrument, and that by signaturef�) on t the person, or the entify upon behalf of which the person() acted, executed the instrument. ENLY J.DELIMM Commission*1940701 1 certify under PENALTY OF PERJURY under the Notary Public-California laws of the State of California that the foregoing San Malao County paragraph is true and correct. My Comm. as Jun 12 2015 WITNESS my hand and official seal. Sicjnatur , Place.Notary Seal Above Signature of NotarVublic - � OPTIOMA L 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/D�o�ciAment Title or Type of D,�occ�uAmeenntt:�j4aA M-AW/j, �Q, 4 Document Date:Y`�'/'r�►'l/ 2-7.• WV J _ Number of Pages: I Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) F Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Offi�T.itle g ❑ Individual M. ❑ Individu elimi.EM ❑ Partner —❑Limited ❑General Top of thumb here Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact r ❑Attorney in Fact ❑ Trustee ❑Trustee Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is R esenting: Signer Is Representing: ©2010 National Notary Association•NationalNotaryorg•1-800-US NOTARY(1-800-875-6827) Item#5907 Exhibit"A" Legal Description Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL is BEGINNING AT A POINT ON THE SOUTHERLY LINE OF STEVENS CREEK ROAD, AS SAID SOUTHERLY LINE WAS ESTABLISHED BY THE DEED FROM SOUTHERN PACIFIC.COMPANY, A CORPORATION,TO THE COUNTY OF SANTA CLARA, DATED APRIL 5, 1937 AND I-RECORDED DECEMBER 7, 1937, IN BOOK 853 OF OFFICIAL RECORDS, PAGE 248, SANTA CLARA COUNTY RECORDS, DISTANT THEREON SOUTH 89 DEGREES 54'WEST 135 FEET FROM THE INTERSECTION THEREOF WITH THE WESTERLY LINE OF BLANEY AVENUE, AS IT FORMERLY EXISTED 40 FEET WIDE; THENCE SOUTH 89 DEGREES 54' WEST ALONG SAID LINE OF STEVENS CREEK ROAD, 211.51 Fl:-:I---T;THENCE LEAVING LAST SAID LINE AND RUNNING PARALLEL WITH THE SAID LINE OF BLANEY AVENUE, SOUTH 273.65 FEET; THENCE NORTH 89 DEGREES 54' EAST AND PARALLEL WITH SAID LINE OF STEVENS CREEK ROAD, 135.73 FEET; THENCE PARALLEL WITH SAID LINE OF BLANEY AVENUE, NORTH 81.15 FEET; THENCE NORTH 89 DEGREES 54' EAST AND PARALLEL WITH SAID LINE OF STEVENS CREEK ROAD, 210.78 FEET TO THE SAID WESTERLY LINE OF BLANEY AVENUE; THENCE ALONG SAID LINE OF BLANEY AVENUE, NORTH 17.50 FEET; THENCE LEAVING SAID LAST MENTIONED LINE AND RUNNING PARALLEL WITH THE SAID LINE OF STEVENS CREEK ROAD, SOUTH 89 DEGREES 54'WEST 135.00 FEET; THENCE PARALLEL WITH THE SAID WESTERLY LINE OF BLANEY AVENUE, NORTH 175.00 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 2, WEST OF M.D.B. & M. AND SHOWN ON THE MAP OF RECORD OF SURVEY ON FILE IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 91 OF MAPS, AT PAGE 35. EXCEPTING THEREFROM SO MUCH THEREOF DESCRIBED AS FOLLOWS: PARCEL #A: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF STEVENS CREEK ROAD, AS SAID SOUTHERLY LINE WAS ESTABLISHED BY THE DEED FROM SOUTHERN PACIFIC COMPANY,A CORPORATION,TO THE COUNTY OF SANTA CLARA, DATED APRIL 5, 1937 AND RECORDED DECEMBER 7, 1937 IN BOOK 853 OF OFFICIAL RECORDS, AT PAGE 348, SANTA CLARA COUNTY RECORDS, DISTANT THEREON SOUTH 89 DEGREES 54' WEST, 135.00 FEET FROM THE INTERSECTION THEREOF, WITH THE WESTERLY LINE OF BLANEY AVENUE AS IT FORMERLY EXISTED 40 FEET WIDE;THENCE SOUTH 89 DEGREES 54'WEST ALONG SAID LINE OF So EVENS CREEK ROAD, 211.51 FEET; THENCE LEAVING LAST SAID LINE AND RUNNING PARALLEL WITH THE SAID LINE OF BLANEY AVENUE, SOUTH 15.00 FEET TO'A POINT IN'A LINE PARALLEL TO AND DISTANT, 15.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM SAID LINE OF STEVENS CREEK ROAD;THENCE ALONG SAID PARALLEL LINE NORTH 89 DEGREES 54' EAST 211.51 FEET TO.A POINT; THENCE ON A LINE PARALLEL TO SAID LINE OF BLANEY AVENUE, NORTH 15.00 FEET TO THE POINT OF BEGINNING; AND BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN BOOK 4968 OF OFFICIAL RECORDS, PAGE 681, SANTA CLARA COUNTY RECORDS. PARCEL #B: BEGINNING AT A POINT ON THE WESTERLY LINE OF BLANEY AVENUE, FORMERLY EXISTED 40 FEET WIDE DISTANT THEREON SOUTH 175.00 FEET FROM THE INTERSECTION THEREOF WITH THE SOUTHERLY LINE OF STEVENS CREEK ROAD, AS SAID SOUTHERLY LINE WAS ESTABLISHED BY THE DEED FROM SOUTHERN PACIFIC COMPANY, A CORPORATION TO THE COUNTY OF SANTA CLARA, DATED APRIL 5, 1937 AND RECORDED DECEMBER 7, 1937, IN BOOK 853 OF OFFICIAL RECORDS, PAGE 248, SANTA CLARA COUNTY RECORDS; THENCE SOUTH, ALONG SAID LINE OF BLANEY AVENUE 17.50 FEET, THENCE SOUTH 89 DEGREES 54' %NEST AND PARALLEL WITH SAID LINE OF STEVENS CREEK ROAD, 10.00 FEET TO A POINT IN A U'NE PARALLEL TO AND DISTANT 10.00 WESTERLY MEASURED AT RIGHT ANGLES TO SAID LINE OF BLANEY AVENUE; THENCE ALONG THE LAST MENTIONED PARALLEL LINE NORTH 17.50 FEET TO A POINT; THENCE ALONG A LINE PARALLEL TO SAID LINE OF STEVENS CREEK ROAD NORTH 89 DEGREES 54' EAST 10:00 FEET TO THE POINT OF BEGINNING; AND BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN BOOK 4968 OF OFFICIAL RECORDS, PAGE 681, SANTA CLARA COUNT' RECORDS. PARCEL 2: BEGINNING AT POINT ON THE WESTERLY LINE OF BIJANEY AVENUE, AS IT FORMERLY EXISTED, 40 FEET WIDE, DISTANT THEREON SOUTH 192.50 FEET FROM THE INTERSECTION THEREOF WITH THE SOUTHERLY LINE OF STEVENS CREEK ROAD, AS SAID .`SOUTHERLY LINE WAS ESTABLISHED BY DEED FROM SOUTHERN PACIFIC COMPANY, A CORPORATION, TO THE COUNTY OF SANTA CLARA, DATED APRIL 5, 1937 AND RECORDED DECEMBER 7, 1937 IN BOOK 853 OF OFFICIAL RECORDS, PAGE 248, SANTA CLARA COUNTY RECORDS; THENCE SOUTH ALONG SAID WESTERLY LINE OF BLANEY AVENUE, 81.15 FEET;THENCE LEAVING SAID LAST MENTIONED LINE, SOUTH 891) 54'WEST AND PARALLEL WITH SAID SOUTHERLY LINE OF STEVENS CREEK ROAD 210.78 FEET, THENCE NORTH AND PARALLEL WITH SAID WESTERLY LINE OF BLANEY AVENUE, 81.15 FEET; THENCE NORTH 890 54' EAST AND PARALLEL WITH SAID SOUTHERLY LINE OF STEVENS CREEK ROAD, 210.78 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 13,TOWNSHIP 7 SOUTH, RANGE 2 WEST OF M. D. B. &M. AND SHOWN ON THE MAP OF RECORD OF SURVEY ON FILE IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 91 OF MAPS, AT PAGE 35. EXCEPTING THEREFROM THAT CERTAIN STRIP OF LAND CONVEYED TO THE CITY OF CUPERTINO, BY INSTRUMENT DATED NOVEMBER 15, 1962 AND RECORDED MARCH 7, 1963 IN BOOK 5932 OF OFFICIAL RECORDS, PAGE 437, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET WIDE, SAID STRIP OF LAND BEING THE MOST EASTERLY 10.00 FEET OF THAT CERTAIN PARCEL OF LAND CONVEYED TO RAY INOUYE AND.TUNE INOUYE, HIS WIFE, BY DEED RECORDED FEBRUARY 2, 1960 IN BOOK 4683 OF OFFI( AL RECORDS, PAGE 265, SANTA CLARA COUNTY RECORDS. APN: 369-03-004 (Affects Parcel 1) and 369-03-006 (Affects Parcel 2) Sent via (Insert Method) April 17, 2013 Erwin Ching 10300 Torre Avenue Cupertino, CA 95014 Hello Erwin, On behalf of LAKE BILTMORE APARTMENTS, a California limited partnership, I am confirming that PREG BILTMORE, a California Limited partnership, has full permission to perform construction on the Biltmore Apartments site located at 101.59 South Blaney Avenue in the City of Cupertino. LAKE BILTMORE APARTMENTS, a California limited partnership By: SUNSET RIDGE DEVELOPMENT CO., INC., a California corpora"I n, its gen pl partner By: ' Jonathan Moss, is Pre Iden 1900 S. Norfolk Street, Suite 150, San Mateo, CA 94403 Tel: 650.931.3400 Fax: 650.931.3600 www.promethieusreg.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County o f C On S", g 20 -3 before me, Re- ee C I C', A10 py C , fi Date Here Insert IMme and Title of thd Officer -7-//tj M personal ly appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose namejs)-gare subscribed to the within instrument and acknowledged fi to me that(she/they executed the same in her/their authorized capaci"), and that by her/their signatureks) on the instrument the p or the entity upon behalf of which the person(s) acted, executed the instrument. MiSdTIENOR"E"NEE SQUARCIA Commission# 1906898 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Notary Public-California Z Santa Clara County paragraph is true and correct. My Comm. Expires Oct 4,2014 WITNESS my hand and official sea]. Signature: A^ � Place Notary Seal Above Signature of Notary Public OPTIONAL, Though the information below is not required bylaw, 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 0 PIV 3 6 co RLA 03 - y P^1216 5-c)3- 0 04 Title or Type of Document: (�Vl' )�)ee/ A Document Date: /11,a,-c4 Z Number of Pages 11.• Signer(s) Other Than Named Above: _%T-0 n .1 -14'4 Capaclty(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): F-1 Corporate Officer—Title(s): . El Individual El Individual M ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑ Limited ❑General Top of thumb here K El Attorney in Fact El Attorney in Fact fi ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: El Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(11-800-87&6827) Item#5907 "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 27, 2013, from 20030 Stevens Creek Blvd., & '10021 South Blaney Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 11, 2013 By. Doroth � Sre'�er i t Senior Office Assistant 1