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D-252 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 21831 LOMITA AVE, APN 357-16-062 RES. 9850 RECORDING REQUESTED BY DOCUMENT: 13736549 Titles I / Pages: 7 City of Cupertino No Fees Taxes. . WHEN RECORDED MAIL TO 099 0013?3654 Copies. . AMT PAID City of Cupertino BRENDA DAVIS RDE # 008 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 6/11/1997 Cupertino, CA 95014 Recorded at the request of 1 :25 PM City Cj (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Gcovo j03 C3 60V GOo� QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 357-16-062, 21831 LOMITA AVENUE SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6 r QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-16-062 21831 Lomita Avenue Teresa Jane Lui and Robert Scott Barr, co-trustee of the Lui-Barr Family 1995 Trust dated March 22, 1995, hereinafter referred to as the "GRANTOR', this 0 Wday of 199-1 , 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 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. OWNER: CTWesa Jan ' , Robert Scott Barr (Acknowledgment and Notarial Seal Attached) CALIFORNIA Vv"FKM-64' A LL-PURPOSE ACKNOWLEDGEMENT STATE(F CA 1,11`0 R N I A COI I NTY OI: Santa Clara On April 17, 1997 before me, Suzie Sato, Notary Public DATE NAME,TITLE OF OFFICER- E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, **Teresa Jane Lui and Robert Scott Barr** personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. SANTA CIAT:;, (SEAL) I COMM.Exp.Nlcv.1 g, L`09 -4 NOTARY ELIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Quitclaim Deed and Authorization for Underground Water Rights DATE,Of-, DOCUMENTApril 17, 1997 NUMBFIR OF1'AGFS Four SIGNER(S)OTIIFRTIIAN NAME[)ABOVE ' 1 EXHIBIT A APN 357-16-62 All of that certain property situate in Cupertino, Santa Clara County, California described as follows: BEGINNING at the Northeasterly corner of Section 75 as said Section is shown on the Map of Subdivision A, Monta Vista which was recorded in Volume P of Maps at page 20, Santa Clara County records; thence along the Easterly line of said Section 75 South 198.42 feet to a point on the Northerly line of Lomita Avenue 40 feet wide as shown on the aforementioned Map; thence along said Northerly line West 60.00 feet; thence along a line that is parallel to the aforementioned Easterly line of Section 75 North 198.42 feet to the Northerly line of said Section 75; thence along said Northerly line East 60.00 feet to the point of BEGINNING. Containing 0.273 acre more or less and consisting of a portion of said section 75 as shown on the above mentioned Map. QROF ESS/o p E. to 'c C*) � c No. 7 1-97 �ql�C.Of IVIL GAU �--4 20.00' 20.00' a SCALE: 1„=20' EXHIBIT B W NORTH 198.42 z w o APN 357-016-62 6 11,905 SQ. FT. 0.273 ACRE o U' o E+ Q w • SOUTH 198.42 O a I QROF ESSJc7iy� E. KE�J l POB C N20597 ; PLAT TO ACCOMPANYr '�A' EXHIBIT A FOR THE DEDICATION grFOF�A`�Fo��'� UNDERGROUND WATER RIGHTS "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 April 17, 1997, from TERESA JANE LUI AND ROBERT SCOTT BARR to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on May 19, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Dated: May 27, 1997 By: Deputy City Clerk City of Cupertino j lY i RESOLUTION NO. 9850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM TERESA JANE LUI AND ROBERT SCOTT BARR; APN 357-16-062, 21831 LOMITA AVENUE WHEREAS, Teresa Jane Lui and Robert Scott Barr 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" 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 19th day of May, 1997, by the following vote: Vote Members�thf,C&Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Roberta Wolfe /s/ John Bautista Dep. City Clerk Mayor, City-of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-16-062 21831 Lomita Avenue Teresa Jane Lui and Robert Scott Barr, co-trustee of the Lui-Barr Family 1995 Trust dated March 22, 1995, hereinafter referred to as the "GRANTOR', this /q qday of , 1994 , 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"N' &`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.