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D-340 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 10191 LEBANON DR, APN 342-14-010 RES. 00-113 DOCUMENT: 15238244 Titles 1 / Pages: 8 RECORDING REQUESTED BY Taxes. . . + No Fees City of Cupertino A0015238244M AMT I PAID WHEN RECORDED MAIL TO BRENDA DAVIS RDE # 008/015 SANTA CLARA COUNTY RECORDER 5/05/2000 City Clerk's Office Recorded at the request of 1 :36 PM City of Cupertino City 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS MAXINE ERLUND AND MIKE E. PHILLIPS 10191 LEBANON DRIVE APN 342-14-010 RESOLUTION NO. 00-113 Original For Fast Endorsement QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-010 10191 Lebanon Drive Maxine Erlund and Mike E. Phillips, hereinafter referred to as the "GRANTOR', this 3 l day of M jj 2000, 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. OWNERS: Maxine Erlund Mike E. Phillips (Acknowledgment and Notarial Seal Attached) EXHIBIT A (DEDICATION OF UNDERGROUND WATER RIGHTS) All of that certain property situate in the City of Cupertino, Santa Clara County, California described as follows: Lot 10 of Block 1 as shown on the Map for Tract number 991 as recorded in Book 36 of Maps at page 53 Santa Clara County records. Containing 11,867 square feet more or less. ldocslerlund-h2o.doc Qgf_ES3/O'. a N(j. 2059 . moo;. C1VIL�, F�F CAUF9� L=25.84 LEBANON DRIVE R=50.00 Delta=29'36'37" L=26.83 R=50.00 Delta=30'45'02" i i I SCALE: 1 " = 20' C61 Q?,QF ESSio E. o v „f 0 wNo. 2 9 rnn s 00 I.P LOT 10 OF BLOCK 1 OF TRACT 991 BOOK 36 OF MAPS PAGE 53 I I I I _ _NORTH 127.94' PLAT TO ACCOMPANY EXHIBIT A FOR THE DEDICATION OF UNDERGROUND WATER RIGHTS EXHINT B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of CALIFORNIA County of SANTA CLARA On 31 .MARCH 2000 . beforeme, 7TccTF DGJDZTUK-NOTARY PUBLIC . --- Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") I, personally appeared MAX T NF FRLUND;,MI KF F _ PH T i i T PS . --------------------, Name(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)o/are subscribed to the within instrument and acknowledged to me that�kefshe/they executed the same in U+c~their authorized capacity(ies), and that by +/their signature(s)on the instrument the person(s), ZIGGIE DUDZWK or the entity upon behalf of which the person(s) acted, V u . Comm.#1095789 executed the instrument. NOTARY PUBLIC•CALIFORNIA5 SANTA CLARA COUNTY (J Comm.Exp.Nay tl.2000x WITNESS my h nd a cial seal. Si fN c � OP Though the information below is not required by law, it m ve v ua e to persons relying on the document and could prevent E;S fraudulent removal and reattachment °f this form to another document. Key Description of Attached Document Title or Type of Document: QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND �i WATER RIGHT ' S . Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) I� I Signer's Name: Signer's Name: KIndividual Ll Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact I ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator T of thumb here To of thumb here ❑ Other. op El p I Signer Is Representing: Signer Is Representing: I i I � , ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 RESOLUTION NO. 00-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM MAXINE ERLUND AND MIKE E. PHILLIPS, 10191 LEBANON DRIVE, APN 342-14-010 WHEREAS, Maxine Erlund and Mike E. Phillips have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all (his) 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 17'h day of April, 2000,by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Statton NOES: None ABSENT: James, Lowenthal ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT YW WIT14N INSTRUMENT 16 A TRUE AND COMW Wy OF THEORIGIN&ONINT11XOFFICL ATTEST(DA CIOF THE OF BY ..4•�` 'NAP 4,:�TS�I��•.�v+s. t J)L.+ � •�; �'+ '... 3�lj be AAA vry Wit'"';.: "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 March 31, 2000, from: MAXINE ERLUND AND MIKE E. PHILLIPS to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on April 17, 2000, and the grantee consents to recordation thereof by its duly authorized officer. Dated: April 24, 2000 l By: / Administrative C erk, City Clerk's Office DOCUMENT: 15245834 Titles 1 / Pages: 8 RECORDING REQUESTED BY Fees. . . . -+ No Fees Taxes. . . City of Cupertino W0015245834a AMT CopI PA I D WHEN RECORDED MAIL TO BRENDA DAVIS RDE # 102/015 SANTA CLARA COUNTY RECORDER 5/12/2000 City Clerk's Office Recorded at the request of 2:59 PM City of Cupertino City 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS MAXINE ERLUND AND MIKE E. PHILLIPS 10191 LEBANON DRIVE APN 342-14-010 RESOLUTION NO. 00-113 Original D For Fast Endorsement RESOLUTION NO. 00-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM MAXINE ERLUND AND MIKE E. PHILLIPS, 10191 LEBANON DRIVE, APN 342-14-010 WHEREAS, Maxine Erlund and Mike E. Phillips have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all (his) 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 17'h day of April, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Statton NOES: None ABSENT: James, Lowenthal ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT THE W" INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL OKfIM IN THIS OFFICE. ATTEST(DATE) c;l LERK OF THE CI OF ERT lY L S QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-010 10191 Lebanon Drive Maxine Erlund and Mike E. Phillips, hereinafter referred to as the "GRANTOR', this 3 day of Mum ,% 2000, 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. OWNERS: Ma ine Erlund Mike E. Phillips (Acknowledgment and Notarial Seal Attached) EXHIBIT A (DEDICATION OF UNDERGROUND WATER RIGHTS) All of that certain property situate in the City of Cupertino, Santa Clara County, California described as follows: Lot 10 of Block 1 as shown on the Map for Tract number 991 as recorded in Book 36 of Maps at page 53 Santa Clara County records. Containing 11,867 square feet more or less. \docs\erlund-h2o.doc Q�,pF ES.03 l\` E. a No. 2059 . 1 �F OF CAL F��� L=25.84 LEBANON DRIVE R=50.00 + Delta=29'36'37" L=26.83 R=50.00 Delta=30'45'02" i i I i \ SCALE: 1 " = 20' m ool \ QROF ESSjo E. �I o � N0. 2 9 rn 00 ILP CIVIL CAUF�� LOT 10 OF BLOCK 1 OF TRACT 991 BOOK 36 OF MAPS PAGE 53 \ I \ I \ i i \ \ _ _NORTH 127.94' PLAT TO ACCOMPANY EXHIBIT A FOR THE DEDICATION OF UNDERGROUND WATER RIGHTS EXHIBIT B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA ) County of SANTA CLARA On 31 .MARCH 2000 . before me, ZIGGIE DUDZIUK-NOTARY PUBLIC ---, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared MAX I NE ERLUND,MI KE E. PHILLIPS . ----------------- Name(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)X/are subscribed to the within instrument and acknowledged to me that Iaefshe/they executed the same in Ois#mn/their authorized capacity(ies),and that by 4isfh r/their signature(s) on the instrument the person(s), ZIGG9E DUDZIUK or the entity upon behalf of which the person(s) acted, U fJ Comm. executed the instrument. Q ' ARY PUBLIC-CALIp� ���CO 1� .. WITNESS and and official seal. � O ION, L Though the information below is not required by law, it may prove v luable to persons relying on the document and could prevent I` fraudulent removal and reattachment f this form to another document. Description of Attached Document r>> Title or Type of Document: -QU11C AIM r)FFr) ANr)AUTHORIZATION OR UNDERG.R011ND WATER RIGHTS . Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name:X I Individual 1:1Individual Corporate Officer ❑ Corporate Officer Y Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ' ❑ Trustee ❑ TrusteeV lei" ') El Guardian or Conservator ❑ Guardian or Conservator MW ❑ Other: Top of thumb here ❑ Other: Top of thumb here � Signer Is Representing: Signer Is Representing: i ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • "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 March 31, 2000, from: MAXINE ERLUND AND MIKE E. PHILLIPS to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on April 17, 2000, and the grantee consents to recordation thereof by its duly authorized officer. Dated: May 4, 2000 Administrative Clerk, City Clerk's Office