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D-247 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10036 PENINSULA BLVD, APN 326-25-018 RES. 9790 RECORDING REQUESTED BY City of Cupertino DOCUMENT: 13628580 Titles: I / Pages: 8 WHEN RECORDED MAIL TO Fees. . . . No Fees Taxes. . . 1111111111111111111111111 City of Cupertino .eeiaszssee• Cop i es. . AMT PAID 10300 Torre Avenue Cupertino, CA 95014 BRENDA DAVIS RDE # 002 SANTA CLARA COUNTY RECORDER 3/04/1997 Recorded at the request of 2:29 PM T) Cit y J (SPACE ABOVE THIS LINE FOR RECORDER'S USE) EE IN A Gov �%03 NOF 60V VJ�TN QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 326-25-018, 10036 PENINSULA BOULEVARD SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-25-018 10036 Peninsula Blvd. Lily Chang, Inc. a California Corporation and W.B.F. Enterprises, Limited Partnership, a California limited partnership hereinafter referred to as the "GRANTOR', this -L day o 199-1, hereby grant, bargain, assign, convey, remise, release and forever quitclai 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: Lily Chang, Inc., a Califronia Corporation W.B.F. Limited Partnership, a California Limited Partnership By. (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 13, 1997, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Lily Chang, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person, or the entity upon %. ROBERTA ANN WOLFE behalf of which the person acted, executed the ik Comm. No. 996834 D instrument. NOTARY PUBLIC CALIFORNIA n SANTA CLARA COUNTY 2.2. My Commission Expires June 11, 1997 WIT SS my hand and official seal. iilgnature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CO,�PORATE OFFICER Quitclaim Deed and Authorization for Underground Water Rights TITLE TITLE OR TYPE OF DOCUMENT ❑PARTNERS ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR 4 ❑OTHER NUMBER OF PAGES January 13, 1997 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON OR ENTITY: Lily Chang, Inc. WBF Limited Partnerhsip SIGNER(S) OTHER THAN NAMED ABOVE -• .. ... .. ... - r+�r- �Vy I�VrU►♦r/I �Y-r.�/�MIYYY►.►\► 140.SWIl A State of County of Dim On 4 before me, L , TE � " E.TITOE OF OFFICER•1E.Q..-4NF ME.NOTMY MOM- personally appeared NMAEI51 OF SIGNER(3) ❑ personally known to me OR - roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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. �,�.. T, HUNT Comm,#1114912 N WITNESS my hand and offi al seal. N 'rt71 NOTARY PUBLIC•CALIFORNIA r Sante Clara County My Comm. Expires Oct.30,2000� � SIGNATURE 4 NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) , ❑ GUARDWYCONSERVATOR , ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTIsNG: I k�4 SIGNE S) OTHERTH NAMED ABOVE 01999 NATIONAL NOTAnY ASSOCIATION-026 nommel Ave.,P.O.Box 7184-Canoga Pok,CA 91309.7104 APN 326-25-018 E X H I B I T A QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS --PARCEL 1 All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 10 and a portion of Lot 11, Block 3, as shown upon that certain Map enti- tled "MAP OF MONTA VISTA FIRST ADDITION" , which map was filed for record in the Office of the Recorder of said County and State on April 11, 1917 in Book P of Maps at Page 23; AND a portion of Peninsula Avenue ( formerly Boulevard) , more particularly described as follows: Beginning at a point of cusp on the northeasterly line of said Peninsula Avenue at the southerly corner common to Lots 9 and 10, Block 3 of said Map; thence along the dividing line between said Lots, N38'41 '02"E 100.00 feet to the northerly corner common to said Lots; thence along a non-tangent curve to the left having a radius of 487 feet, along the northeasterly line of Lots 10 and 11. Block 3 (a radial line of said curve through said point bearing N39°09 '49"E) through a central angle of 3°44 ' 19" an arc length of 31 .78 feet (a radial line of said curve through said point bearing N35°25 ' 30"E) ; thence leaving said line non-tangentially and parallel with the dividing line between Lots 12 and 13, Block 3 of said Map, S30°42 ' 30"W 106.30 feet to a point on the northeasterly line of Peninsula Avenue; thence along a non-tangent curve to the left having a radius of 248 feet (a radial line of said curve through said point bearing S49°37 ' 01"W) through a central angle of 10°48 '43" an arc length of 46 .80 feet to the point of beginning (a radial line of said curve through said point bearing S38°48 ' 18"W) . Containing 3963 square feet, more or less. Date: December 10, 1996 9 U' No.C13313 ^7 Exp: 3-319 7 OF ao" ~► M O ' m � 7 z z R-4S713 I2' I p" I-at Q� t :�1- 3°44'19„ 14' 5J. Hgy9 S Lit 9 LUt to Lot ll Lat' 12 is "' No.C13313 t" Exp: 3- 1 97 -�—� PA,R C E L 1 P� R� � E L. 2 �s�+! C,I,� 3963 + SQ .FT 4.01 1 5Q. �T 'F CF C�t� o N .M w N Q1 CU N M L QOM N o I al tn I m o v J d d A/WN • v y 1 i th �, I U, -- � E cp N UlA C 4 Q10o8 „ _ R=587 'a U Li.J of CL Lu L, e � J NP ENOD anti •"' �D G 5 ul EX H F3 I T w 33e z-v PLAT OFU ITCLAI M DEED `.. J� Q Q POR UNDERGROUND WATER Q I.GjP T5 LILYC1AI C, NC. � ul.B.F ENTERPRISES,LLC TO ; v C I T Y OF CUPERTINO, CA . S CA LF--. 1 20 , DECEMBER 199 G "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 January 13, 1997, from LILY CHANG, INC. AND W.B.F. ENTERPRISES to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on February 18, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 25, 1997 By: Deputy City Clerk City of Cupertino c J r RESOLUTION NO. 9790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM LILY CHANG, INC., A CALIFORNIA CORPORATION AND W.B.F. ENTERPRISES, LIMITED PARTNERSHIP; APN 326-25-018, 10036 PENINSULA BOULEVARD WHEREAS, Lily Chang, Inc., a California Corporation and W.B.F. Enterprises, Limited Partnership 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 18th day of February, 1997, by the following vote: Vote Members i � Council AYES: Burnett, Chang, Dean, Bautista NOES: None ABSENT: Sorensen ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Bautista City Clerk Mayor, City of Cupertino i QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-25-018 10036 Peninsula Blvd. Lily Chang, Inc. a California Corporation and W.B.F. Enterprises, Limited Partnership, a California limited partnership hereinafter referred to as the "GRANTOR, this 21 day of 199], hereby grant, bargain, assign, convey, remise, release and forever quitclaiunto 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.