D-221 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10641 MADERA DR, APN 326-35-058 RECORDING REQUESTED BY x 1 7 8 PAGE 2 2 0 8 q
C (ICED-FOKIFECOR
CITY OF CUPERTINO AT, R�QUEST OF
WHEN RECORDED MAIL TO: VITY OF CUPERTINO
City of Cupertino JAN Z6 '{ 01 AN
'96
10300 Torre Avenue J
Cupertino, CA 95014 OFFICIAL RECORDS
SANTA CLARA COUNM
' BRENDA DA`IIS
RECORL-R
13174633
( SPACE ABOVE THIS LINE FOR RECORDER'S USE )
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QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 326-35-058
DOCUMENT TITLE 10641 MADERA DRIVE
�i SEPARATE PAGE, PURSUANT TO GOVT.CODE 27361.6
09,3140
PI78PAGE2209
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-35-058
10641 Madera Drive
John M. Gatto and Patricia Marie Dowd, hereinafter referred to as the "GRANTOR',
this day of 0" 199-5hereby 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 17SPAGE22 10
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:
John Gatto
Patricia Marie Dowd
(Acknowledgment and
Notarial Seal Attached)
PI78PAGE22II
State of California
County of Santa Clara
On November 8, 1995 before me, Seana M. Frey
DATE NAME,TITLE OF OFFICM-E.G.,"JAMB DOB,NOTARY PUBLIC
personally appeared Patricia Marie Dowd
NAMES(S)OF SIGNER(S)
( )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.
7WI7my hand and official al.
SEANA M. FREY
,°"K COMM. #975854 rn
® NOTARY PUBLIC-CALIFORNIA
SANTA CLARA COUNTY SIGNATURE, of MarwxY
QF My Comm.Expires Oct.21,1996
DESCRIPTION OF ATTACHED DOCUMENT
Quitclaim Deed
DESCRIPTION OF DOCUMENT(01MONAL)
State of California
County of Santa Clara
On November 9, 1995 before me, Constance B. Seymour
DATE NAME,TI IE OF OFFICER-E.G.,"JANE DOB,NOTARY PUBLIC
personally appeared Join M. Gatto
NAMBS(S)OF SIGNER(S)
personally known to me—OR—( )proved to me on the basis of satisfactory evidence to be the, person(s)whose Ang(s)
_&Iare subscribed to the within instrument and
acknowledged to me thatbe/she/they executed the
same in his/her/their authorized pacity(ies),and that
by his/her/their i ature(s) on the instrument the
-pe
Is (s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
9M1VCONSIAHM&KWACYR
COW.#)=
Notary PIbie—Comm" SIGNATURE OF NOTSANTACUMACOtM
Comm.Eg res APR 10.1"V DESCRIMON OF ATTACHED DOCUMENT
Quitclaim Deed
DESCRIMON OF DOCUMENT(ornONAL)
mit 1 9:�N�►';`N . . 'i:-�
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? 1 78PAGE 22 12
The land referred to in this policy is situated in the County of Santa Clara, City of Cupertino,
State of California, and is described as follows:
.a
BEGINNING at an iron pipe set at the intersection of the center line of
Peninsular Avenue and Caroline Drive, as said Avenue and drive are shown on that
certain Map of Tract #801, Homestead Villa, which Map was filed in Book 33 at
pages 16 and 17, Official Records of Santa Clara County, California; thence from
said point of beginning and running along the centerline of Peninsular Avenue,
North 460 10' 43" West, 125.00 feet; thence leaving said center line and running
South 430 49' 17" West, 110.00 feet to the most Southerly line of the lands of
the Southern Pacific Company, thence along said Southerly line South 460 10' 43"
East, 66.48 feet to an iron pipe set at the true point of beginning of this
description; thence from said true point of beginning and continuing along the
said Southerly line of the Southern Pacific Company, South 460 10' 43" East,
363.52 feet to an iron pipe; thence South 430 49' 17" West, 250.00 feet to an
iron pipe; thence North 270 44' 37" West, 110.68 feet to an iron pipe; thence
North 60 25' 45" West, 336.24 feet to an iron pipe at the true point of
beginning, being a portion of the Northeast 1/4 of the Southeast 1/4 of Section
10, Township 7 South, Range 2 West, M.D.B. 7 M. , and being shown upon that
certain Map entitled, "Record of Survey of a portion of the N.E. 1/4 - S.E. 1/4
Sec. 10, T. 7 S. , R. 2 W. , M.D.B. & M. , Santa Clara County, California for
William Cummings" which Map was filed for record in the office of the Recorder
of the County of Santa Clara, State of California, on July 7, 1955 in Book 60 of
Maps, at page 26.
EXCEPTING THEREFROM that portion conveyed to the State of California by Deed
recorded January 23, 1963 in Book 5876 of Official Records, page 230, and being
described as follows:
Commencing on the Southwesterly line of Madera Drive at the most Northerly
corner of the parcel of land conveyed to Beverly Garner by Gift Deed recorded
May 6, 1959 in Book 4406 at page 412, Official Record of Santa Clara County;
thence along said Southwesterly line S. 450 07' 03" E. , 296.19 feet to the
Southeasterly line of said Parcel; thence along last said line S. 440 52' 57"
W. , 45.69 feet; thence from a tangent that bears S. 790 14' 15" W. , along a
curve to the right with a radius of 40.00 feet, through an angle of 1260 35'
1811, an arc length of 88.38 feet; thence N. 250 49' 33" E. , 36.60 feet; thence
from a tangent that bears N. 640 10' 27" W. , along a curve to the left with a
radius of 1370.00 feet, through an angle of 20 39' 18" an arc length of 63.48
feet; thence No. 660 49' 45" W. , 91.29 feet to the Westerly line of said parcel;
thence along last said line N. 50 22' 05" W. , 89.86 feet to the point of
commencement.
ALSO EXCEPTING THEREFROM that portion lying within Madera Drive as shown upon
and dedicated by that certain Map of Tract No. 1960, which Map was filed for
record on March 19, 1958 in Book 91 of Maps, pages 50 and 51, Santa Clara
County.
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PI 78PACE22 14
"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
November 8, 1995, from
JOHN M. GATTO AND PATRICIA MARIE DOWD
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
January 2, 1996, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: January 9, 1996
By: —
Deputy City Clerk
City of Cupertino