D-348 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 10388 BYRNE AVE, APN 357-14-032 RES. 01-056 RECORDING REQUESTED BY --- f
City of Cupertino j DOCUMENT
155911 46 Titles: 1 / Pages:
� Fees. . . . No Fees �
Taxes. . .
WHEN RECORDED MAIL TO I
Copies. .
City Clerk's Office i �661555114c� AMT PAID
City of Cupertino RDE # 002 {
10300 Torre Avenue I BRENDA DAVIS 3/13/2001 I
Cupertino, CA 95014-3255 SANTA CLARA COUNTY RECORDER 3:22 PM
Recorded at the request of
County Agency
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
WILLIAM JOSEPH CHOE
10388 BYRNE AVENUE
APN 357-14-032,
RESOLUTION NO. 01-056
d
Original
O- For Fast Endorsement
RESOLUTION NO. OI- 056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM WILLIAM JOSEPH CHOE,
10388 BYRNE AVENUE, APN 357-14-032
WHEREAS, William Joseph Choe have executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming all their 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 and delineated on the attached
Exhibits "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 5" day of March, 2001, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None ti ;-HIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT ISATRUEAND CORRECTC❑Ply
ABSENT: None OF THE ORIC31NAL ON FILEIN THIS OFFICE.
ABSTAIN: None ATTEST l 0' 2o i
CITY CLERK OF THE CITY OF CUPERTINO
9Y
ATTEST: Y CLERK
/s/Kimberly Smith /s/Sandra James
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-14-032
10388 Byrne Avenue
William Joseph Choe,hereinafter referred to as the "GRANTOR",this /0 `day of
206 1, hereby grant,bargain, assign, convey, remise,
release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation,
hereinafter referred to as the "GRANTEE", its successors and assigns, all the right,title,
interest, estate, claim and demand, both at law and in equity,-and as well in possession as
in expectancy of the GRANTOR as owner of Lot 138, of that certain subdivision of real
property situate in the County of Santa Clara, State of California, and specifically
described in the map thereof filed in the Office of the County Recorder of the County of
Santa Clara on the 11th day of April, 1917 in Book P of Maps at Page 20,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 or overlying lands in the said
lots to take from said underground basin within the said lots 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 lots delineated upon the above described-map or to
authorize GRANTEE to make any withdrawal of water which will result in damage to
any building or structure erected upon said lots.
This assignment, conveyance and authorization is made for the benefit of
Lot 138, within the above described subdivision and shall bind the owner of said lots
within said subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
kwil ;oseDph C oe
(Acknowledgment and Notarial Seal Attached)
Jan-25-2001 OZ:47pm From-CISCO SYSTEMS +:ru(Mbu[[ T-748 P.008/011 F-7Z1
i , DOCUMENT; 14905356 Titles: l / Pages: 3
— -----
Fees, . . , 23.00
RECORDING REQUESTED BY Taxes. . . 484.00
Financial Title Company _ Copies, ,
AND WHEN RECORDED MAIL TO 'e®tase5sss---- AMT PAID 507.00
Name William-Chao BRENDA DAVIS RDE # 009
Street 10388 Byrne Ave SANTA CLARA COUNTY RECORDER 7/21/1999
Address Recorded at the request of: 81;00 AM
Financial Title Company
cipr,state Cupertino, CA 95014
zip'
Ord.--
-`` SPACL ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
THE UNDERSIGNED GRANTOR(s)DECLARE(s) Documentary Transfer Tax is$484.00
City of, . or'� -Ale' ptiratda Area 0 computed on full value of interest or property conveyed,or
City Conveyance Tax is S-O- C full value less value of liens or encumbrances remaining at
Parcel Na. 357-14-032 the time of sale -
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John J. Heilman Jr. and Faustene V. Heilman, husband and wife as community property
and Edward A. Enos, a married man as his sole and separate property
($i hereby GRANT(s)to
William6tho3e anf unmarried than
se
the fallowing real property:
} See Exhibit A attached hereto and made apart hereof.
Dated: July 13, 1999 r
STA.TE OF CALIFORNIA }
COUNTY OF Santa Clara S.S. Jo n J Heilman Jr. C
On J11Iv 13.1009 before me.
Fuu. c .Heil ay.�
Mary Ellen Smith
a Notary Public in and for said County and State,personally appeared Edward A.Enos
Johni,HeilmQn h find FauSTens V.Hellman
personally known to me (or proved to me on the basis of satisfactory
evidence)to be the person(s)whose,name(s)istare subscribed to the within r MMY ELLEN SANTH
instrument and acknowledged to me that he/she/they executed the same in V Coign.91110913 �
his/her/their authorized eapachy(ies)and that by his/her/their signature(s)on WTARriWf IM-CALff01M
the instrument the person(s),or the entity upon behalf of which the person(s), Bell tlize comity 0
acted,executedAhe instrument.
Wl jPESSMyhandWofflcial cal.
Sigrtatur (This area for official notoria]seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE;IF NO PARTY SHOWN,MAIL AS DIRECTED ABOVE
Name Street Addteas City$State
Jan-25-2001 02:48pm From=CISCO SYSTEMS +7076656022 T-749 P.010/011 F-721
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se
•
•
State of California
County of San Diego
On 1u/y 15i 1999 before me, Car11. Casti!/o, Notary Public, personally
appeared, Edward A. Enos, proved to me on the basis of safiisfactor�edvidence
s . to be the person whose name is subscribed to the within instrument
�.
acknowledged to me that he executed the same in his authorized capacity, and •
signature on the instrument the person or the entity upon behalf of
that by his sig
person-acted, executed the instrument.
•., ,
which the',pe t • �•, -.�:,
WITNESS my hand and official seal.
Dimp Cour" �.
i
Sonropkes Apr 3,2M'
!y
Signature of Notary Public
A.
OPTIONAL -----------r-----
-
7fiough the lm7 matbn below is not requked by law,it may prove valuable to persons relying on the
documwt and could prevent fraudulent removal and reattachment of Wls farm to another doicwnent.
`
Description of Attached Document
Title or Type of Document: Grant Deed
Document Date: 07/15/99 Number of Pages: 01
•, Signer(s) Other Than Named Above:
Capacity Claimed by Signer:
Signer's Name: Signer's Name:
❑ Indi4idual ❑ Individual
❑ Corporate officer ❑ Corporate officer
Title:
Title:
❑
Partner: Partner:
O ❑ Limited
❑ Limited
r' ❑ General ❑ General '
❑ Attorney-in-Fact0 Attorney-in-Fact
-
O Trustee 0 Trustee
❑ Guardian or Conservator
. ❑ Guardian or.Conservatar _ -
• C11 Other: ❑ Other:
Signer is Representing' Signer is Representing:
•.M�,.'�r+u:ti.l. ..':':■ ".':.�.\. - ...':h4�. /:f.Vi •.4f •:■ .
Jan-25-2001 02;49pm From-CISCO SYSTEMS +7075555oZZ T-748 P-011/011 F-721
MWbitL
All that certain real property situate in the Unincorporated Area, County of Santa Clara, State
p Y
of California, described as follows: '.
All of Lot 138, as shown on that certain Map entitled, "Map of Subdivision "A" Monta Vista
of the Recorder of the,County of Santa Clara,
which Map was filed,for.record in the office
State of California on April 11, 1917 in Book -p `of Maps, at page(s) 20.
EXCEPTING THEREFROM the Northerly 20' of the premises known as Al1962 incazir venue Book s of
deeded to the County of Santa Clara by instrument recorded February
Official Records, page 300.
Acknowledgement
State of California )
c )
County of 6C120f02ss.
On ` ��� before me, A0 .77 ® �y� /
personally appeared �////lll/hf �OSeph c�De awn rr,rr �proved
to me on the basis of satisfactory evidence)to be the personN whose name()iskxe subscribed to
the within instrument and acknowledged to me that heAhefthey executed the same in hisAher/t-hei�
authorized capacity(ib&) and that by his/herAHeir signatureN on the instrument the person(%-) or
the entity upon behalf of which the person%acted executed the instrument.
WITNESS my hand and official seal
NOTARY SEAL NOTARY SIGNATURE
PATI P J.O'BRIEN
Commission# 1169154
Notary Public-Callfomia
Sonoma County
Patti J. O'Brien
My Comm.Expires Jan i i.2002
"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 deed, dated February
10, 2001, from:
WILLIAM JOSEPH CHOE
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on March
5, 2001, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: March.8, 2001
By: • �'` Pitr�lGt/1
Administrative Clerk, City Clerk's Office