D-812 Quitclaim Deed and Authorization for Underground Water Rights, 10495 S. De Anza Blvd, APN 359-17-023 24310452
RECORDING REQUESTED BY Regina A 1 comendras
Santa Clara County - Clerk-Recorder
10/22/2019 02:20 PM
City of Cupertino
Titles: 1 Pages: 7
Fees: 0.00
WHEN RECORDED MAIL TO Taxes: 0.00
Total: 10.00
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS
10495 S. De Anza Boulevard, Cupertino, CA
APN 359-17-023
BDC Atwater Shops L.P., a California limited partnership
O Original
11 For Fast Endorsement
l
"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 q�1 30, E from BDC Atwater Shops L.P.,a California limited partnership to the
City of Cupertino, a municipal corporation,is hereby accepted by the undersigned on behalf of the
City Council of the City of Cupertino pursuant to authority conferred by Resolution No. 11-175 of
the City Council adopted on October 4,2011,and the grantee consents to recordation thereof by its
duly authorized officer.
Dated:
By:
I
Roger Lee
Public Works Director
I
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 359-17-023
10495 S De Anza Boulevard, Cupertino, CA 95014
BDC Atwater Shops L.P., a California limited partnership, hereinafter referred to as the
"GRANTOR", this day of c s , 2019, 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, all the rights, titles, interests, estates, claims and demands, 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"
The right 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 of
overlying lands in the lot to take from the underground basin within the lot 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 lot delineated upon the above
described legal description or to authorize GRANTEE to make any withdrawal of water
which will result in damage to any building or structure erected upon the lot.
This assignment, conveyance and authorization is made for the benefit lot within
the above described legal description and shall bind the owner of the lot(s) within the legal
description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
BDC Atwater Shops L.P.
a California limited partnership
By: Browman Development Company, Inc.,
a California corporation,
its general partner
arry B e. a eesident:
i
CITY OF CUPERTINO:
Roger tee
Director of Public Works
(Acknowledgment and Notarial Seal Attached)
i
Exhibit A
Legal Description
Real property in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD,(40 FEET WIDE)WITH THE
CENTER LINE OF THE SUNNYVALE-SARATOGA ROAD,STATE HIGHWAY 9,(80 FEET WIDE);THENCE FROM
SAID POINT OF BEGINNING ALONG SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD NORTH 0'01'00"
WEST 180.00 FEET;THENCE LEAVING SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD RUNNING
WESTERLY AND PARALLEL WITH THE CENTERLINE OF MCCLELLAN ROAD SOUTH 89°57'00"WEST 60.00 FEET
TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION,THENCE FROM SAID TRUE POINT OF
BEGINNING CONTINUING WESTERLY AND PARALLEL WITH SAID CENTERLINE OF MCCLELLAN ROAD SOUTH
89°57'00"WEST 150.00 FEET;THENCE SOUTHERLY AND PARALLEL WITH SAID CENTERLINE OF SUNNYVALE-
SARATOGA ROAD SOUTH 0'01'00"EAST 160.00 FEET;THENCE EASTERLY AND PARALLEL WITH SAID
CENTERLINE OF MCCLELLAN ROAD DISTANT NORTHERLY 30,00 FEET MEASURED AT RIGHT ANGLES
THEREFROM NORTH 89'57'00"EAST 120,02 FEET;THENCE ALONG THE ARC OF A TANGENT CURVE TO THE
LEFT HAVING A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 89'68'00"AN ARC LENGTH OF 47.11
FEET;THENCE NORTHERLY AND PARALLEL WITH SAID CENTERLINE OF SUNNYVALE-SARATOGA ROAD
DISTANT WESTERLY 60.00 FEET MEASURED AT RIGHT ANGLES THEREFROM NORTH 0°01'00"WEST 120.02
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL'TWO:
AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY:BEGINNING AT
THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD(40 FEET WIDE)WITH THE CENTERLINE OF
THE SUNNYVALE-SARATOGA ROAD(STATE HIGHWAY 9,60 FEET WIDE);THENCE FROM SAID POINT OF
BEGINNING ALONG SAID CENTERLINE OF SUNNYVALE-SARATOGA NORTH 0'01'W'WEST 180.00 FEET;
THENCE LEAVING SAID CENTERLINE AND RUNNING WESTERLY AND PARALLEL WITH THE CENTERLINE OF
SAID MCCLELLAN ROAD,SOUTH 8992VOO"WEST 60.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE
CONTINUING WESTERLY AND PARALLEL WITH SAID CENTERLINE OF MCCLELLAN ROAD,SOUTH 89°57'00"
WEST 26.00 FEET;THENCE NORTH 68'09'1 O"EAST 26.93 FEET TO A POINT DISTANT WESTERLY 60.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD;THENCE
SOUTHERLY AND PARALLEL WITH SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD SOUTH IYOT00
EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING,
PARCELTHREE:
AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY:BEGINNING AT
THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD(40 FEET WIDE)WITH THE CENTERLINE OF
THE SUNNYVALE-SARATOGA ROAD(STATE HIGHWAY 9,80 FEET WIDE);THENCE FROM SAID POINT OF
BEGINNING ALONG SAID CENTERLINE OF MCCLELLAN ROAD,SOUTH 89'57'00"WEST 210.00 FEET;THENCE
LEAVING SAID CENTERLINE OF MCCLELLAN ROAD, NORTHERLY AND PARALLEL TO SAID CENTERLINE OF
SUNNVALESARATOGA ROAD;NORTH 0'01'00"WEST 30.00 TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION;THENCE FROM SAID TRUE POINT OF BEGINNING NORTHERLY AND PARALLEL TO THE
SUNNYVALE-SARATOGA ROAD NORTH 0°01'00"WEST 25,00 FEET;THENCE SOUTHWESTERLY SOUTH
20'4660"WEST 26.93 FEET TO A POINT DISTANT NORTHERLY 30.00 FEET MEASURED AT RIGHT ANGLES,
FROM SAID CENTERLINE OF MCCLELLAN ROAD,THENCE EASTERLY AND PARALLEL WITH SAID CENTERLINE
OF MCCLELLAN ROAD,NORTH 89057'W'EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING.
APN: 359.17-023
ARB:3%17-007
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County of G 0 %/ r-P— q- C 65 Tij-
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personally appeared L `/
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LORISKELTON
Notary Public-California
Contra Costa County
WI ESS my hand and official seal. Commission#2222217
10/ /1�
My Comm.Expires Dec 6,2021
�"� / '
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CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Santa Clara
On �e v�. a y, _9�(y before me, Kirsten Squarcia ,Notary Public,
(Here insert name and title of the officer)
personally appeared f'(o ye_r Lee
who proved to me on the basis of satisfactory evidence to be the person(4 whose name j'is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his)her/their authorized
capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of
which the personf sr acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
..+
KIRSTEN SQUARCIA
WITNESS my hand and official seal. _ '. Notary Public-California
Santa Clara County g
Commission M 2257322
My Comm.Expires Oct 4,2022
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form,if required.
• State and County information must be the State and County where the document
Number of Pages Document Date
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) lie/she/gwy—is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
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