D-317 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 22555 CRISTO REY DR, APN 342-63-002, 005 RES. 99-276 DOCUMENT: 15006504 Titles: 1 V Pages: 7
Fees. . . .* No Fees
RECORDING REQUESTED BY Taxes. . .
Cop I ■eeiseessea■ I AMT PA I D
City of Cupertino
BRENDA DAVIS RDE # 102/016
WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 10/04/1999
Recorded .at the request of 10:27 AM
City Clerk's Office City
City of Cupertino
10300 Torre Avenue.
Cupertino, CA 95014-3255 �,@
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE/N ACCORDANCE
WITH GOV. CODE 6103
QUITCLAIM DEED AND NON-EXCLUSIVE AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
ROMAN CATHOLIC BISHOP OF SAN JOSE,
A CORPORATION SOLE
22555 CRISTO REY DRIVE
APN 342-63-002, 005
RESOLUTION NO. 99-276
S
4 Original
O For Fast Endorsement
Recording Requested By And
After Record Return To:
City of Cupertino
Attn: Director of Public Works
10300 Torre Avenue
Cuptertino, CA 95014-3255
QUITCLAIM DEED AND NON-EXCLUSIVE
AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS
APN: 342-63-002 and 342-63-005
Address: .22555 Cristo Rey Drive, Los Altos, California
THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a corporation sole,
hereinafter referred to as the "GRANTOR,"this 7th day of SPntpmher , 1999,
hereby grants, bargains, assigns, conveys, remises,releases and forever quitclaims unto the CITY
OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE," its
successors and assigns, 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"
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 authorizes 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 water which the owner or owners of said overlying
30119858.1/73304-0005 09/01/99 11:59 AM
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 any damage to any building or structure erected upon said lots.
This grant of water rights is not exclusive and notwithstanding anything to the
contrary contained in this quitclaim deed, Grantor reserves the right for itself and its successors
and assigns to drill, appropriate, extract and utilize water from wells to be located on the land
described in Exhibit"A" (the"Property") and to import, appropriate and transport water for the
use and benefit of the Property from wells located on lands outside the Property; provided that
any source of water obtained from wells is permitted by and conforms to all rules and regulations
of the Santa Clara Valley Water District or any successor agency.
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:
THE ROMAN CATHOLIC BISHOP OF SAN
JOSE, a co_ oratio sole
By:
sgr. M�c,ael J. Mitchell, Vicar General
Attorney in Fact
2
30119858.1
OPTIONAL SECTION
STATE OF CALIFORNIA' CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
COUNTY OF invaluable to persons relying on the document.
11 INDIVIDUAL
On�1-vN„6,e�.7. (9 qqbefore me, aYl-IK ��6:z , Notary Public, 11 CORPORATE OFFICER(S)
personally appeared gGq. R i AA&g]
NAME(,%'OF SIGNER(2y
TITLE(S)
Impersonally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED
evidence to be the person(s) whose ❑ GENERAL
name(s) is/are subscribed to the within ❑ ATTORNEY-IN-FACT
instrument and acknowledged to me that
he/she/they executed the same in ❑TRUSTEE(S
)
his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR
that by his/her/their signature(s) on the ❑ OTHER:
instrument-.:the_person(s),;-:or the -entity
MARTIN CORT¢ upon behalf of which the person(s) acted,
I�,ygMllB don#1071664 Z executed the instrument.
Z ;• 0 N�1/!(iPa Ic—California D
lontoClara County Witness my hand and official seal. SIGNER IS REPRESENTING:
OW Comm.Expires Sep 10,11999
Name of Person(s)or Entity(ies)
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO Title orType of Document
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,it Number of Pages Date of Document
could prevent fraudulent reattachment of this form.
Signer(s)Other Than Named Above
01993 National Notary Association,Canoga Park,CA
3 ,
30119858.1
EXHIBIT "A"
LEGAL DESCRIPTION
Real property located in the City of Cupertino,County of Santa Clara, State of California,being all
of that 58.44305 acre parcel shown as "Parcel F" on that certain map of Tract No.9054 filed for
record in the Office of the County Recorder of Santa Clara County on July 9, 1998 in Book 705 of
Maps at pages 13 through 22,together with all of that 2.76717 acre parcel shown as "Parcel G" on
the same map of Tract No.9054.
r
RESOLUTION NO. 99-276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND NON-EXCLUSIVE AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS FROM THE ROMAN CATHOLIC
BISHOP OF SAN JOSE, A CORPORATION SOLE, 22555 CRISTO REY DRIVE,
APN 342-63-002,005
WHEREAS, The Roman Catholic Bishop of San Jose, a corporation sole, has
executed a "Quitclaim Deed and Authorization", which is in good and sufficient form,
quitclaiming all its 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 20"'day of September, 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 September
7, 1999, from:
ROMAN CATHOLIC BISHOP OF SAN JOSE,A CORPORATION SOLE
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
September 20, 1999, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: September 22, 1999
By: 2Z.411-
Administrative Clerk
City Clerk's Office
' City of Cupertino