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D-282 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 21870 LOMITA AVE, APN 357-15-004 RES. 98-133 DOCUMENT: 14224842 Titles: 1 / Pagesl 7 Fees. . . . No Fees RECORDING REQUESTED BY111111111111111111111111 Taxes. . . Copies. . City of Cupertino ■0014224842m AMT PAID WHEN RECORDED MAIL TO BRENDA DAVIS RDE # 012 SANTA CLARA COUNTY RECORDER 6/09/1998 City of Cupertino Recorded at the request of 9:57 AM _ 10300 Torre Avenue -- i Cupertino, CA 95014 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) -) FEE IN ACCORDANCE WITH 60V CODE 6103 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-15-004 21870 LOMITA AVENUE ORIGINAL QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-15-004 21870 Lomita Avenue Optimum Investments LLC, A California Limited Liability Company, hereinafter referred to as the "GRANTOR', this /6 day of 19915 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 that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT"A" & `B" 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. I�eS, C48- �33� This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Optimum Investments,LLC A California Limited Liability Company � t �i Kelvin Kan Martha Ka (Acknowledgment and Notarial Seal Attached) ALL-PURPOSE. ACKNOWLEDGMENT ST.-_T- O-,: or On persoeail;, accearec ct C} personall; lnor'n to c e - OR P ro�e4 to rr, on the basis of satisfactory evic n Whose nam are subscr bed to the «'itlln 1n5trUrTlenL and ackno��le , to be the pe7son(s) � rkrlt'r,e'r authorized capacitv(ies), and that b;: r�g;!sselthe; e�ecutec the sa^ e In to r ,e that or the entit}" acorn behalf of which the is;n�4ritheir signatures) on the nrstru,,ent t,.t person(s), person(s) acted, e'-ecutee the �nstr r e WITNESS rn' hard and official seal. J.VELOZ a` Commission#t t ime N Sid Notary Public-C8910nie Santa-ClamCounty .s My Comm.m.Expires pires Dec.7.2000 Name (typed or printed) a—' EXHIBIT DESCRIPTION OF LAND FOR QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS ----------------------------------------------------------------- All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California being all of Section 83 as shown upon "MAP OF SUBDIVISION "A" - MONTA VISTA" , which map was filed for record on April 11 , 1917 in Book (Volume ) "P" of Maps at Page 20, Santa Clara County Records. Refer to EXHIBIT "B" , PLAT, which is hereby made a part of this description. Date: April 8, 1998 APN: 357-15-004 City File No . : 52, 113 Address : 21870 Lomita Ave. r�����SEQar9 rrn No.C13318� rn Exp: -31 . CIVIC- KTrt OF C A`,FO LOMITA A t/E. _ 5 Boo 5943" E- �20.5 N 10 0.15 � �1 r NSECTION 63 P„ MAP5 . PAGE 20 4) o a d 0.15 Al 8�° 53' 43rW t L c P�Pio. 013313 � Exp: 3-31001 ► C 4EXAl 146 / 7 FZ-A T Dir 0U/ TCL4 1M DEED Yc;)R UMER6ROUN,o W.,4 7-EIR R/Gl-1 TS TQ 7A� C171Y 1JAT�: 4PR/L 8, /,999 SC4ZZ-: APN 3-5-7- 15- 0 04- (f/T/ CI46 52, 1/3 44PP)eZ5s: 21970 ZOM/T4 ,4�/�. VERIFICATI®N I have reviewed this Certificate of Completion and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 1 st day of June 1998 at Cupertino, California. Deputy City Clerk City of Cupertino RESOLUTION NO. 98-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM OPTIMUM INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 21870 LOMITA AVENUE; APN 357-15-004 WHEREAS, Optimum Investments LLC, a California Limited Liability Company has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all its 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 in the attached Exhibits "A" and`B" as follows: 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 1"day of June, 1998, by the following vote: Vote Members of the Lily Council AYES: BURNETT, DEAN, JAMES, STATTON, CHANG NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: APPROVED: /S/KIMBERLY SMITH /S/MICHAEL CHANG City Clerk Mayor, City of Cupertino