D-313 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 10351 BYRNE AVE, APN 357-12-028 RES. 99-247 DOCUMENT: 14955366 Titles 1 / Pages: 6
Fees. . . . No Fees
RECORDING REQUESTED BY Taxes. . .
�0014955366� Copies. .
City of Cupertino AMT PAID
BRENDA DAVIS RDE # 007
WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 8/25/1999
Recorded at the request of 11 30 AM
City Clerk's Office City
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255 ( 77
�l
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
PETER GWOZDZ AND BARBARA GWOZDZ,
GEORGE MC CUTHEON AND GWEN MC CUTCHEON
APN 357-12-028
10351 BYRNE AVENUE
RESOLUTION NO. 99-247
"It Original
13 For Fast Endorsement
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-028
10351 Byrne Avenue
Peter Gwozdz and Barbara Gwozdz, George McCutheon and Gwen McCutcheon,
hereinafter referred to as the "GRANTOR", this Q.2 J day of ape 19 C,
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 Lot 3, of that certain subdivision of real property situate in the
Country of.Santa Clara, State of California, and specifically described in the map thereof
filed in the Office of the County Recorder of the County of Santa Clara on the 17th day
of May, 1940 in Vol. 4 of Maps at Page 43, 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.
Page 1 of 2
i
This assignment, conveyance and authorization is made for the benefit of Lot 3,
within the above described subdivision and shall bind the owner of said lots within said
subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
Peter Gwozdz
B rbara Gwozdz ---
l
Ge ge M I
utheon
�G
Gwen McCutheon
(Acknowledgement and Notarial Seal Attached)
Page 2 of 2
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
= COUNTY OF : '
A•.1 Y Fg N
On before me, notary public,
.3 02. Z. N WE t0k
personally appeared CCL) T-C 1-1-r--0
-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.
Wjkness my hand and official seal.
61R. " BARBARA BRYAW
COMMISSION#1129547
NMI poft-CONOMIS IC
SANTA CLARA COUNTy0,
my COMM11IMM Exon
MARCH 12.2001
Signature of
Official Notary Seal Notary:
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL Title Or 71�:pe Of Document:
U.
CORPORATE OFFICERS D FT
Title(s):
Number Of Pages:
_PARTNER(S) LIMITED
GENERAL Date Of Document:
061"22199
ATTORNEY-IN-FACT
TRUSTEE(S)
Signer(s) Other Than Named Above:
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTrIY(IES)
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED
LE-76(06/94)
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�d �,P � �'�'�.r<� ..
.. lir ,M'W r'' �.
RESOLUTION NO. 99-247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM PETER GWOZDZ AND BARBARA
GWOZDZ, GEORGE MCCUTCHEON AND GWEN MCCUTCHEON, 10351 BYRNE
AVENUE,APN 357-12-028
WHEREAS, Peter Gwozdz and Barbara Gwozdz, George McCutcheon and Gwen
McCutcheon, 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 that certain
map filed in the Office of County Recorder of the County of Santa Clara
on the 17th day of May, 1940, in Volume 4 of Maps at Page 43.
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 16`h day of August, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/Wally Dean
City Clerk Mayor, City of Cupertino
"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 deed, dated June 22,
1999, from:
PETER GWOZDZ AND BARBARA GWOZDZ,
GEORGE MC CUTHEON AND GWEN MC CUTCHEON
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
August 16, 1999, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: July 26, 1999
By:
Administrative Clerk
City Clerk's Office
City of Cupertino