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D-440 Quitclaim Deed, 10185 Amelia CT , APN 326-17-020, Reso 10-012 DC CUMENT: 20604088 Pages: 8 III II II I I 1111 II III I II Fees.... No Fees Taxes.. RECORDING REQUESTED BY Cop i es . . AMT PAID City of Cupertino — REuINA ALCOMENDRAS RDE # 008 WHEN RECORDED MAIL TO SAVTA CLARA COUNTY RECORDER 2/08/2010 Recorded at the request of 10.45 AM City Clerk's Office C i ty 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 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10185 Amelia Court APN 326 -17 -020 Alex Simonovich and Wendy R.E. Simonovich 'Original 0 For Fast Endorsement RESOLUTION NO. 10 -012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, ALEX SIMONOVICH AND WENDY R.E. SIMONOVICH, 10185 AMELIA COURT, APN 326 -17 -020 WHEREAS, Alex Simonovich and Wendy R.E. Simonovich, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Salta Clara, State of California, to extract water from the underground basin, underlying that certaE.n 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 in the attached Exhibit "A ". 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 special meeting of the City Council of the City of Cupertino this 19th day of January, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Char _g, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: 1 ` CiTts T /L it , City Clerk or, City of Cup- ino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -17 -020 10185 Amelia Court, Cupertino, CA 95014 Alex Simonovich and Wendy R.E. Simonovich, Husband and Wife, As Joint Tenants, hereinafter referred to as the "GRANTOR ", this ' 2 " day of J ec , 2009, 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 t'. ie 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" 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 said lot to take from said underground basin within the said 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 said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. • 21/05/2009 09:27 FAX 402 777 3333 20013/0016 Dr WITNESS WHEREOF, GR_A' OR has executed this instilment the day and year fast above writtm.. OWi JER : / Alex Siznonovich Wend '_E.Sjmonovica (Ackcow ledeanent and Notarial Seal Attached) 7 1e 4 e ' 0-4-1-6u21(•Q0, 2-1-etke_. • • . � c1.94„.0), • EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THEE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Beginning at an iron, pipe on the Southerly line of that certain parcel of land described in the Deed from W.L. Stapp, et al, to Harry E. Allumbaugh, et ux, dated July 9, 1946 in book 1352 Official Records, Page 513, Santa Clara County Records; distant thereon South 83° 14' 30" East 100 feet from the Southwesterly corner of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to John A. Chuk, dated August 3, 1940, recorded August 17, 1940, in Book 903, Official Records, Page 591, Santa Clara County Records; running thence North 1° 21' West and parallel with the Westerly line of the land so described in the Deed to said Allumbaugh, et ux, 80 feet; thence running South 83° 14' 30" East and parallel with the said Southerly line of the land so described in the Deed to said Allumbaugh, et ux, running thence South 1° 08' East along said last named line, 80 feet to the Southeasterly corner thereof; running thence North 83° 14' 30" West along the said Southerly line of the land so described in the Deed to said Allumbaugh, et ux, 139.56 feet to the point of beg nning. Parcel Two: An easement for the purpose of ingress and egress over a strip of land described as follows: Beginning at an iron pipe set in the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company; a corporation, to-John A. Chuck, dated August 3, 1940, recorded August 17, 1940 in Book 993 of Official Records, Page 391, Santa Clara County Records; distant thereon South 41° 27' East 366.50 feet from the Southwest corner of said 10.06 acre tract; and running thence from said point of beginning, North 1° 08' West 246.51 feet to the Southeasterly corner of the parcel of land firstly above described; thence along the Southerly line thereof, North 83° 17' West 20.19 feet; thence parallel with and 20 feet Westerly at right angles from the first course of this description, South 1° 08' East 144.10 feet; thence running along a curve to the right with a radius of 30 feet,through an angle of 139° 41' a distance of 73.14 feet to a point on the Southwesterly line of said 10.06 acre tract; running thence along said Southwesterly line, South 41° 27' East 112.63 feet to the point of beginning. Parcel Three: • A right of way for road purposes over a strip of land 20 feet in width, the Westerly line of which is described as follows: Beginning at the Northernmost corner of that certain 9.202 acre tract of land described in the Deed from W.L Stepp, et al, to L. W. Northern, et ux, dated January 8,1943, recorded January 15, 1943, in Book 1124 of Official Records, Page 312. Santa Clara County Records; thence from said point of beginning, South 1° 08' East 132.58 feet to the Southwesterly corner of said 0.207 acre tract. Parcel Four: An Easement for the purposes of ingress and egress over a parce' of land described as follows: Beginning at an iron pipe "N" on the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to John A. Chuk, dated August 17, 1940, in Book 993 of Official Records, page 591 Santa Clara County Records; distant thereon South 41° 27' East 366.50 feet from the Southwesterly corner of said 10.06 acre tract; thence from said point of beginning, running North 1° 08' West 208.04 feet to the Southwest corner of that certain 0.202 acre tract of land described in the Deed from W.L. Stapp, et al, to L.W. Northern, et ux, dated January 8, 1943, in book 1124 of Official Records, Page 312, Santa Clara County Records; thence along the Southerly line of the said 0.202 acre tract, South 85° 00' East 20.12 feet to an iron pipe; thence running South 1° 08' East 100.56 feet to an iron pipe; thence curving tangentially to the right on a curve of 70 feet radius through an angle of 44° 25' for an arc distance of 54.27 feet to an iron pipe: thence South 31° 56' East 35.76 feet to an iron pipe; thence South 10° 12' West 38.89 feet to an iron pipe on the Southwesterly line of the 10.06 acre tract so described in the Deed from John A. Chuk above referred to; thence along said last named Southwesterly line, North 41° 27' West, 6.48 feet to the point of beginning. APN: 326 -17 -020 • • • • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT '..�. _v. _ca •„v:_v'i. _. iC�v:_.:: ��i. 4%.^_'•. �N,: a.! �i.: rsi.: viio! s+, �.��!:i.•ls+::%- �N.��!_�.+'ii. ,•.�C. �<_��. _•i4!.i�.tit!:�:Ni .:..Yvi,Y_s� _ciY. at_r._s�_siS!�✓� _av�, _c�:svY_v� I, State of Cai' ornia le County of c\-t\Ti\-- C ) ii, q • M 0�) � before me �a-t' �bliz �� � . '? On � Z � �° � ► � � 1 , - � 1 . vi �} � I�, �insert name and title of the office Ici I J� Ik � personally appeared LI M OM 0J t C. 01.4 t� F____. m EAD t - • S i n t j0V l `ti-i g Ic , who proved to me on the basis of satisfactory evide ce to be the person(s� whose name s i /are fs r subscribed to the within instrument and acknowledged to me that re /spe /they executed he same in rfs I h %hAr /their authorized capacity(ies), and that by f}i€ /hO /their signature(s) on the instrument the A person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. w' re I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing r paragraph is true and correct. ii q. WITNESS my hand and official seal. Ili` v PfCr3l i A " � 3 '° , Commission # 1659583 a . _ Notary Public - California z - l4 Z • } J' Santa Clara County Signature � � ° My Comm. Bcpires May 16, 2010 le Si g RibOt: (Seal) • fi OPTIONAL I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ., fraudulent removal and reattachment of this form to another document. ii, '4 Description of Attache• Document 4r Nes4 - - 9- 0 20 • r : t Title or Type of Document: ; • 4 , 0,1n 42a -��,�. I4 � 004-0-1 I, . Document Date: -.4 5. _ _ _ I•e 21 12- p • i7," 7 I v Number o ages: fe , Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer(s) t,, Signer's Name: MQ.s pr ql0. --0 • Signer's Name: lid •.E,- girierv r � ie ❑ Individual ❑ Individual g I� ❑Corporate Officer El Corporate Officer q , Title(s): '' 11.,.: Title(s): g ❑ Partner — ❑ Limited ❑ General 0 Partner — ❑ Limited ❑ General I, ❑ Attorney -in -Fact i 0 Attorney -in -Fact a ❑ Trustee 0 Trustee 3 tyi R IGHT THUMBPRINT ❑ or Conservator RIGH T o f SIGNER 0 Guardian • C • serv.tor TTHUMBPRINT OF SIGNER Ii Ii ❑ Ot er: 0 lr✓'r 4-7 Top of thumb here Cl er: a Top of thumb here IZ 1, IG I e: Signer Is Representing:_ Signer Is Representing: Ii a I. Li ti ,+: . USi6: -,i -✓ c�, y,,,,r ,ice- ,,,�e„`y '6 •Ke7 a,s,,,, , *'4 r iv ,i6'�;. _ � • O 1995 995 National Notary AaeocieUon •8238 Barret Ave.. P.O. Box 7184 • — -- - _ _ _ ' 7 , 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 dated December 12` 2009, from 10185 Amelia Court to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on January 19 2010, and the grantee consents to recorcation thereof by its duly authorized officer. Dated: February 1, 2010 By: // / r Julie Hejza Clerk Rec tio)ist