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D-831 Quitclaim Deed and Authorization for Underground Water Rights, 7639 Prospect Rd APN 366-24-040 RECORDING REQUESTED BY: 24609828 City of Cupertino Regina A 1 comendras Santa Clara County - Clerk-Recorder 09/11/2020 08:01 AM WHEN RECORDED, MAIL TO: Titles: 1 Pages: 8 Fees: $0.00 City Clerk's Office Taxes: $0.00 `y Total: $0.00 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 APN 366-24-040 7639 Prospect Road, Cupertino, CA 95014 Anandarup Bagchi and Kumkum Bagchi, husband and wife, as community property with right of survivorship �5_Original 13 Conformed Copy i QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 366-24-040 7639 Prospect Road, Cupertino, CA 95014 Anandarup Bagchi and Kumktun Bagchi, husband and wife, as community property with right of survivorship, hereinafter referred to as the "GRANTOR", this 1 h day of J v 2020 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 undergroumd 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. OWNERS: l Anandarup agchi Owner Kumkum Bagchi Owner CITY OF CUPERTINO: ,ee_ Roger ee Director of Public Works (Acknowledgment and Notarial Seal Attached) I l EXHIBIT "A" Legal Description For APN/Parcel ID(s). 366-24-040 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN 10.55 ACRE TRACT OF LAND CONVEYED BY ANTON EVULICH, ET UX,TO LOUIS JANOVICH, ET UX, BY DEED DATED DECEMBER 1, 1949 AND RECORDED DECEMBER 5, 1949 IN BOOK 1886 OF OFFICIAL RECORDS, PAGE 180, SANTA CLARA COUNTY RECORDS, DISTANT THEREON NORTH 0°12' W. 125.0 FEET FROM THE SOUTHEASTERLY CORNER OF SAID 10.55 ACRE TRACT IN THE 1/4 SECTION LINE RUNNING TuoOUGu SECTION 25, TOWNSHIP 7 SOUTH, RANGE 2 WEST M.C.B. &M.; RUNNING THENCE S. 0012, E. 125.0 FEET TO THE SAID SOUTHEASTERLY CORNER OF THE 10.55 ACRE TRACT, FROM WHICH SOUTHEASTERLY CORNER, AN IRON PIN DRIVEN 6 INCHES BELOW THE SURFACE OF THE GROUND IN THE CENTER LINE OF PROSPECT ROAD BEARS S. 0°12' E. 20.98 FEET; RUNNING THENCE ALONG SAID 1/4 SECTION LINE, SAID LINE BEING THE SOUTHERLY LINE OF THE SAID 10.55 ACRE TRACT, S. 89°55'W. 255.20 FEET TO A POINT IN THE EASTERLY LINE OF THE LANDS SOLD TO THE SAN JOSE-LOS GATOS INTERURBAN RAILWAY CO. BY DEED DATED SEPTEMBER 28, 1905; RUNNING 1 HENCE NORTHERL`f ALONG SAID^ EASTERLY LINE OF THE RAILWAY COMPANY'S LAND, ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 3780 FEET,A DISTANCE OF 132.0 FEET, MORE OR LESS,TO A POINT THEREON THAT BEARS S. 89°55'W. FROM THE POINT OF BEGINNING;THENCE LEAVING SAID RAILWAY COMPANY'S LAND AND RUNNING PARALLEL WITH SAID SOUTHERLY LINE OF THE 10.55 ACRE TRACT N. 89°55' E. 297.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1.4 OF SECTION 25 TOWNSHIP 7 SOUTH, RANGE 2 WEST, M.D.B. &M. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF SAN JOSE, BY DEED RECORDED JUNE 7, 1967 IN BOOK 7743, PAGE 706, OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN 10.55 ACRE TRACT OF LAND CONVEYED BY ANTON EVULICH, ET UX, TO LOUIS JANOVICH, ET UX, BY DEED DATED DECEMBER 1, 1949 AND RECORDED DECEMBER 5, 1949 IN BOOK 1886 OF OFFICIAL RECORDS, PAGE 180, SANTA CLARA COUNTY RECORDS, SAID SOUTHERLY LINE BEING THE 1/4 SECTION LINE RUNNING THROUGH SECTION 25,TOWNSHIP 7 SOUTH, RANGE 2, WEST M.D.B. &M. SAID POINT OF BEGINNING BEARS S. 89°30'30"W. 8.12 FEET FROM THE SOUTHEASTERLY CORNER OF SAID 10.55 ACRE TRACT;THENCE FROM SAID POINT OF BEGINNING CONTINUING ALONG SAID SOUTHERLY LINE S. 89°30130"W. 90.52 FEET; THENCE LEAVING SAID SOUTHERLY LINE N. 5°37'46" E. 23.81 FEET; THENCE S. 85°57'23" E. 88.37 FEET; THENCE S. 0°04'19" E. 16.69 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO R.J. HUNTER DEVELOPMENTS, LTD. BY DEED RECORDED JANUARY 4, 1967 IN BOOK 7604, PAGE 540, OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS: PARCEL ONE: A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 114 OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 2, WEST M.D.B. & M.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN 10.55 ACRE TRACT OF LAND CONVEYED BY ANTON EVULICH, ET UX, TO LOUIS JANOVICH, ET UX, BY DEED DATED DECEMBER 1, 1949 AND RECORDED DECEMBER 5, 1949 IN BOOK 1886 OF OFFICIAL RECORDS, PAGE 180, SANTA CLARA COUNTY RECORDS, DISTANT THEREON N. 0°08'34"W., 125.00 FEET FROM THE SOUTHEASTERLY CORNER OF SAID 10.55 ACRE TRACT IN THE 1/4 SECTION LINE RUNNING THROUGH SECTION 25, TOWNSHIP 7, SOUTH, RANGE 2 WEST, M.D.B. &M.;THENCE S. 0°08'34" E. 125.00 FEET TO EXHIBIT "A" Legal Description (continued) SAID SOUTHEASTERLY CORNER OF THE 10.55 ACRE TRACT, THENCE ALONG SAID 1/4 SECTION LINE, (SAID LINE BEING THE SOUTHERLY LINE OF THE SAID 10.55 ACRE TRACT)S. 89°30'30"W. 8.12 FEET, THENCE LEAVING SAID 1/4 SECTION LINE N. 0°04'19"W. 125.00 FEET; THENCE N. 89°30'30" E. 7.97 FEET TO THE POINT OF BEGINNING. PARCEL TWO: A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 SECTION 1/4 SECTION 25, TOWNSHIP 7 SOUTH, RANGE 2 WEST, M.D.B. & M. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN 10.55 ACRE TRACT OF LAND CONVEYED BY ANTON EVULICH, ET UX, TO LOUIS JANOVICH, ET UX, BY DEED DATED DECEMBER 1, 1949 AND RECORDED DECEMBER 5, 1949 IN BOOK 1886 OF OFFICIAL RECORDS, PAGE 180, SANTA CLARA RECORDS, SAID SOUTHERLY LINE BEING THE 1/4 SECTION LINE RUNNING THROUGH SECTION 25, TOWNSHIP 7, SOUTH RANGE 2 W., M.D.B. & M. SAID POINT OF BEGINNING BEARS S. 89°30'30" W. 98.64 FEET FROM THE SOUTHEASTERLY CORNER OF SAID 10.55 ACRE TRACT; THENCE FROM SAID POINT OF BEGINNING ALONG SAID SOUTHERLY LINE S. 89°30'30"W. 154.27 FEET TO A POINT, ON THE EASTERLY LINE OF THE LANDS SOLD TO SAN JOSE-LOS GATOS INTERURBAN INTERURBAN RAILWAY COMPANY BY DEED DATED SEPTEMBER 28, 1905; THENCE NORTHERLY ALONG SAID EASTERLY LINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3779.83 FEET THROUGH A CENTRAL ANGLE OF 2°06'23" FOR AN ARC LENGTH OF 138.96 FEET; THENCE PARALLEL WITH SAID SOUTHERLY LINE N. 89'30'30" E. 228.35 FEET; THENCE SOUTH 5°37'46"W. 125.71 FEET TO THE POINT OF BEGINNING. 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 1 £i I County of On V l �5, 0�� before me, /6/p L R4✓ bL ,Notary Public, (Here insert nI.ame and title of the officer) personally appearedA�,&,-Pa4,/wc-# v e� who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowle�ed to me that he/she/thy 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a ��— BALRAJ QEOL [ COMM. #2169680I WITNESS my hand and of eat. SANNTA CLARA CCIOUNfY f _ My Comm.Exp.NOV.23,2020 Signature of Notary Public (Notary Seal) { ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Calfforria must contain verbiage exactly as DESCRIPTION OF;'HE ATTACHED DOCUME appears above in the notary section or a separate acknowledgment form must be 4properly completed and attached to that document. The only exception is if a �C document is to be recorded outside of California.In such instances,any alternative (Title or description of attached documel� acknowledgment verbiage as mqv 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 /Q� California (i.e. certifying the authorized capacity of the signer). Please check the (Title or desert n of attached document continued) document carefully fa•proper notarial wording and attach this,form if required Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. r • Date of notarization must be the date that the signer(s)personally appeared which r �B a 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) he/sbe/dm* is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Gaiporate 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 C 2004-2015 Prounk Signing Service,Inc—All Rights Reserved w .TheProt.inkcom—Nationwide Notary Service i 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 09/08/20 before me, Marilyn Monreal Notary Public, (Here insert name and title of the officer) personally appeared Roger Lee, Director of Public Works who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. }� MARILYN MONREAL I Notary Public-California WI my n and ffic'al cal. ? = Santa Clara County Commission#2205276 My Comm.Expires Jul t 5,2021 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 Quitclaim Deed &Authorization for 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 Underground Water Rights 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. i 6 07/15/20 • 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. re: 7639 Prospect Road, Cupertino, CA 95014 • 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 names) 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. El Individual(s) he/she/they,—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 C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLinkcom—Nationwide Notary Service "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 J1, 1 t kh e Zo2y from Anandarup Bagchi and Kumkum Bagchi,husband and wife, as community property with right of survivorship,to the City of Cupertino,a municipal corporation, i 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. Roger L Public Works Director i i I