D-213 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10217 BYRNE AVE, APN 357-11-026 RECORDING REQUESTED BY P 1 24 PAGE 142 1
1311291161
r"Il.l~U FOR RECORD
-City of Cupertino AT REQUEST OF
WHEN RECORDED MAIL TO: CITY OF CUPERTINO
CITY OF CUPERTINO 915 DEC 13 AM 11: 24
10300 TORRE AVENUE
CUPERTINO, CA 95014 OFFICIAL. ItE(;URDS
SANTA CLARA COUNTY
BRENDA DAVIS
RECORDFIP
D MAD` FEE 0
( SPACE ABOVE THIS LINE FOR RECORDER'S USE )
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QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 357-11-026,
DOCUMENT TITLE 10217 BYRNE AVENUE
SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6
3140
P 1 24PAGE 1422
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-11-026
10217 Byrne Avenue
Kelly-Gordon Develooment Corporation, hereinafter referred to as the "GRANTOR',
this 30 day of 19936 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.
p { 24PAGE { 423
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:
,Z
Kelly`-06rddin De t Corp.
A California Co ion
(Acknowledgment and
Notarial Seal Attached)
P 12 4 PAGE 1424
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 30, 1995, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Brian
J. Kelly, Jr., 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 he executed the same in
his authorized capacities and that by his signature
on the instrument the person, or the entity upon
ROBERTA ANN WOLFE behalf of which the person acted, executed the
Comm. No. 996834 instrument.
NOTARY PUBLIC•CALIFORNIA
Q � e
SANTA CLARA COUNTY r'•
�99 My Commission Expires June 11,1997 WITK* my hand and official seal.
9G7�GYIGYJQ�( 7Q�Q:1GY:�GA�Q:�G?2Gu£,Xl`GY .( L �� `�✓`/ C
ignature 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
❑CORPORATE OFFICER
Quitclaim Deed and Authorization
TITLE TITLE OR TYPE OF DOCUMENT
❑PARTNERS ❑LIMITED
❑GENERAL
ATTORNEY-IN-FACT
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR 4
❑OTHER NUMBER OF PAGES
October 30, 1995
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON OR ENTITY:
Kelly-Gordon Development Corp. None
SIGNER(S) OTHER THAN NAMED ABOVE
p 1 24PAGE 1 425
T A
PARCEL TWO:
Lot 18 and a portion of Lot 17, as shown on that certain Map of Tract No. 150,which map was
filed for record in the office of the Recorder of the County of Santa Clara, State of California on
August 12, 1940 in Book 5 of Maps,page(s)4 and 5,and as approved by Lot Line Adjustment
recorded July 7, 1994 in Book N 510 ,page 0987, Official Records, described as follows:
Beginning at the Northeasterly corner of said Lot 18;thence along the Easterly line of said Lot
18, S. 64.00 feet to a point in the Easterly line of said Lot 17;thence 5. 89 degrees. 39' 45" W.
197.20 feet to a point in the Westerly line of said Lot 17;thence N. 08 deg. 29' 30" W. 11.81 feet
to the most westerly comer of Lot 18;thence N. 03 deg. 16' 30" E. 53.46 feet to the
Northwesterly comer of said Lot 18;thence N. 89 degrees. 57' 31" E. 195.87 feet to the point of
beginning.
this plat is 1O1 in1Ormation oy andls not a
survey Of the land, nor a it a pwrt O/thr 1
of POIXY to which is may be attached.
OFFICE OF COUNTY ASSESSOR — SANTA CLARA COUNTY, CALIFORNIA
BOOK PAGE
312.16
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26
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P 1 24PAGE 1 421
"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 October
30, 1995, from
KELLY-GORDON DEVELOPMENT CORPORATION
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
December 4, 1995, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: December 5, 1995
By:
Deputy City Cierk
City of Cupertino