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D-275 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10399 BYRNE AVE, APN 357-12-032 OCU ENT: 14166910` Titles: 1 / Pages: 7 Fees. . . .-* No Fees RECORDING REQUESTED BY Taxes. . . �661416c910� Copies. i AMT PAID City of Cupertino j � BRENDA DAVIS RDE # Oes WHEN RECORDED MAIL TO SANTA CLARA .COUNTY RECORDER 5/01/1998 Recorded at the request of 12:07 PM City of Cupertino Cit y J� 10300 Torre Avenue Cupertino, CA 95014 .� S (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH 60V CODE 6903 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-12-032 10399 BYRNE AVENUE ORIGINAL QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-12-032 10399 Byrne Avenue Big Guy, Inc., A California Corporation, hereinafter referred to as the "GRANTOR', this day of MAS// 199 ?, 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. 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: Big Guy,Inc. A California Corporation By: Brian elly -Presidefit (Acknowledgment and Notarial Seal Attached) LEGAL DESCRIP'T'ION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Being all of Lot 7 as shown on that certain Map entitled, "Tract No. 139 Stevens Creek Subdivision Map No. 1", filed for record in Book 4 of Maps at page 43, Santa Clara County Records. G i '4001 -� i Exp- Civil- Prepared xp.Civil-Prepared by: ATF OF CA��F�@ Marvin D. Kirkeby R.C.E.No. 14001 Expires 3/31/01 NoRi H 60.00 1 1 1 1. 0 � N N h � IQ to .... . 4ej W i J 1 1 1 1 NORTH- G 0.00 M 8 YR NE A VENUE EXHIBIT KIRKEBY ENGINEERING PLAT TO ACCOMPANY DESCRIPTION SCALE: 2397 FOREST AVENUE AOR DATE: OtC.1997 SAN JOSE, CA 95128 (408) 98'4-0331 QU/TCLAIM To W,47,,51? 1?16yrS JOB NO. 97024 .LOT 7, TRgO7- No. 139 i d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r_ - . c C<>ce c e Ce Cct cr�r6rc c c!c ry I' I I � State of VY a-) I.' County of &A�� , �.u� On - 1,-qQ before me, A h l lI Date Name and Title o1 Officer(e.g.,"Jane ljoe, tary Public") personally appeared Name(s)of Signer(s) ❑personally known to me-OR-9�0r'cved to n the basis of atisfactory evidence to be the person(s) ?� whose name(sEWare subscribe the within instrument ' and ack edged to me thahe/they executed the same iptier/their authorized capacity(ies), and that by Is er/their signature(s) on the instrument the person(s), I r the entity upon behalf of which the person(s) acted, ' aFT executed the instrument. U 4p.a aEx•�v Heather D. La Vigne Comm.01020451 oNOTARY PUBLIC-CALIFORNIA WITNESS hand and official seal. r b ° SANTA CLARA COUNTY Q) cg4FOPN� comm.Expires March 17,1998,14 , I S' alur f Notary Pul0c I' I OPTIONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent j SI fraudulent removal and reattachment of this form to another document. I' I Description of Attached Document I i Title or Type of Document: I; Document Date: Number of Pages: I� I; Signer(s) Other Than Named Above: � Capacity(ies) Claimed by Signer(s) I I Signer's Name: Signer's Name: �I I ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): I' ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General I' ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ _ ❑ Trustee ❑ Guardian or Conservator '- ❑ Guardian or Conservator I; . o- ❑ Other: Top of thumb here ❑ Other: Top of thumb here I, I I Signer Is Representing: Signer Is Representing: I I� I� I i� I I' I ©1995 National Notary Association•8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 "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 5, 1998, from BIG GUY, INC. to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on April 20, 1998, and the grantee consents to recordation thereof by its duly authorized officer. Dated: April 22, 1998 B );4tty: Deputy City Clerk City of Cupertino RESOLUTION NO. 98-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM BIG GUY, INC., 10399 BYRNE AVENUE,APN 357-12-032 WHEREAS, Big Guy, Inc. 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 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" and`B". 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 20'h day of April, 1998, by the following vote: Vote Members of the Cily Council AYES: BURNETT, DEAN, JAMES, :STATTON, CHANG NOES: NONE ABSENT: NONE ABSTAIN: NONE ATT T: aAPJOD: ity Clerk Mayor, City of Cupertino