D-514 Quitclaim Deed and Authorization for Underground Water Rights, 20605 Lazaneo Drive, APN 326-33-096, Reso 11-125 DOCUMENT: 21279017 Pages: 8
RECORDING REQUESTED BY Taxes . * No Fees
Ces
City of Cupertino AMT opi
P A I D
WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 008
SANTA CLARA COUNTY RECORDER 8/16/2011
City Clerk's Office Recorded at the request of 1 1 :43 AM
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 27281
QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND VVATER RIGHTS
20605 Lazaneo Drive
APN 326 -33 -096
Boyer Family Partnership I, L.P.
71 Original
O For Fast Endorsement
RESOLUTION NO. 11 -125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, BOYER FAMILY PARTNERSHIP I, L.P.,
20605 LAZANEO DRIVE, APN 326 -33 -096
WHEREAS, Boyer Family Partnership I., L.P., has 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 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 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 regular meeting of the City Council of the City of
Cupertino this 2nd day of August, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/
Kimberly Smit 1 i Clerk Gilbert Wong, Mayor, City of Cup ii
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
A P N 326 -33 -096
20605 Lazaneo Drive, Cupertino, CA 95014
Boyer Family Partnership I, L.P., hereinafter referred to as the "GRANTOR ", this
day of -ra /y / 2, , 2011, 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"
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.
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
PARCEL A, AS SHOWN UPON THAT CERTAIN PARCEL MAP RECORDED ON APRIL 6, 1977 IN THE
OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
IN BOOK 392 OF MAPS, PAGE 18.
PARCEL TWO:
A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND DRIVEWAY PURPOSES,
APPURTENANT TO PARCELS "A "AND "B" AS SAID PARCELS ARE SHOWN UPON THAT CERTAIN
PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA ON APRIL 6, 1977 IN BOOK 392 OF MAPS, AT PAGE 18,
OVER ALL THAT PORTION OF PARCEL "C" AS SHOWN THEREON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY UNE OF LAZANEO DRIVE, 60 FEET WIDE, AT THE
SOUTHEASTERLY CORNER OF PARCEL 19, AS SAID PARCEL IS SHOWN UPON THAT CERTAIN
RECORD OF SURVEY FILED FOR RECORD ON AUGUST 24, 1972 IN BOOK 307 OF MAPS, AT
PAGE 29, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID
LAZANEO DRIVE SOUTH 89° 58' 56" WEST 20.00 FEET; THENCE LEAVING SAID NORTHERLY
LINE OF LAZANEO DRIVE NORTH 0° 05' 29" WEST 475.57 FEET TO A POINT IN THE
NORTHERLY LINE OF SAID PARCEL 19; THENCE ALONG SAID NORTHERLY LINE OF PARCEL 19,
NORTH 89° 52' 36" EAST 20.00 FEET TO THE NORTHWESTERLY CORNER OF PARCEL 18, AS
SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE WESTERLY UNE OF SAID PARCEL
18, SOUTH 0° 05'29" EAST 100.00 FEET TO THE SOUTHWESTERLY CORNER THEREOF; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 18, NORTH 89° 52' 36" EAST 10.00 FEET TO A
POINT; THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 18 ALONG A LINE PARALLEL
WITH AND 30 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF
THE PARCEL OF LAND HEREIN BEING DESCRIBED SOUTH 0° 05'29" EAST 115.63 FEET TO A
POINT IN THE MOST NORTHERLY LINE OF PARCEL 15, AS SHOWN ON SAID RECORD OF
SURVEY; THENCE ALONG SAID NORTHERLY LINE OF PARCEL 15, SOUTH 89° 58' 56" WEST
10.00 FEET T() THE NORTHWESTERLY CORNER THEREOF; THENCE ALONG THE WESTERLY
LINE OF SAID PARCEL 15, SOUTH 0° 05'29" EAST 260.00 FEET TO THE POINT OF BEGINNING,
AND AS SHOWN ON SAID RECORD OF SURVEY.
PARCEL THREE:
A COMMON DRIVEWAY EASEMENT BEING A PORTION OF PARCEL B HEREINAFTER REFERRED
TO, A UNIFORM STRIP OF LAND TWENTY (20) FEET IN WIDTH, THE SOUTHERLY LINE OF
WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY UNE OF BANDLEY DRIVE (70 FEET WIDE) AT THE
WESTERLY TERMINUS OF THE COMMON DIVIDING LINE BETWEEN PARCELS "A "AND "B ", AS
SAID PARCELS ARE SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD APRIL 6, 1977
IN BOOK 392 OF MAPS, AT PAGE 18, SANTA aARA COUNTY RECORDS; THENCE LEAVING SAID
•
POINT OF BEGINNING ALONG SAID COMMON DIVIDING LINE NORTH 89° 58'56" EAST 59.00
FEET.
APN: 326 -33 -096
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
Boyer Family Partnership I, L.P.
By: !L1..— •Ai/.', G—)/
Rhonda L. Lukich, Manager
(Acknowledgment and Notarial Seal Attached)
,
CALIFORNIA ALL - PURPOSE li
CERTIFICATE OF ACKNOWLEDGMENT
State of 'Culifottt ;a Or ` 6Y)
ti
t, County of Ciadearria0
ii P:!
tt On Ju /y / a Vick,' 0 // before me, L - tea'/ Gkga✓I N�ry j/G J/ C Pralm
t (Here insert nimc and title u c officer)
ii personally appeared �{ AOro(a L L ,�.e c ki
.
li
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to 1
the within instrument and acknowled to me that he /she /they executed the same in his/her /their authorized ii
i i ca acit ies and that by his /her /their signature(s) on the instrument the person(s), or the enti upon behalf of I
P YC )� Y entity P II
I which the person(s) acted, executed the instrument.
t.
I 'I
'l I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ,1
`i is true and correct.
f_'s'. OFFICIAL SEAL ? .j
', WITNESS my hand and official seal VICKI L ERICKSON
iLV4 NOTARY PUBUC- OREGON ( i'
( COMMISSION NO. 436532 )
rl ii 1, - 1-
MY COMMISSION EXPIRES APRIL 7, 2013 () I
(Notary .... - - -- , r• , ^�.�_'�ti'\'�-�'�'ti'�.v •
ji Signature Notary ubtrc
i' . • t
I;
E ADDITIONAL OPTIONAL INFORMATION 11
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must conlain verbiage exactly as f
DESCRIPTION OF THE ATTACHED DOCUMENT appears cbove in the notary section or a separate acknowledgment form Hurst be
{ `'`_' n properly completed and attached to that document. The only exception is if a
'y ` Ou )eel at .., A/71d� /dY! ,J 'ffi, document is to be recorded outside of California. In such instances, alternative
acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of attached document)
/ , , A - 1 L verbiage does not require the notary to do something that is illegal for a notary in
t ( / 4 _ )_I /7J Califonrio (i.e. certifying the authorized capacity of the signer). Please check Nye i
' ' ( '' e iption of attache ument continued) document carefully for proper notarial wording and attach this f if orm required.
II
Number of Pages 4 Document Date'1�oy • State aid County information must be the State and County where the document
`!!! signer(s) personally appeared before the notary public for acknowledgment.
i
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
11 (Additional information) • The nctary public must print his or her name as it appears within his or her
� j 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
i t notariz,ttion.
}. CAPACITY CLAIMED BY THE SIGNER • Indicat thc correct singular or plural forms by crossing off incorrect forms (i.e.
I t ❑ Individual (s) he /she /hey,- is /ere) or circling thc correct forms. Failure to correctly indicate this
( inform Lion may lead to rejection of document recording. .
' ❑ C orporate Officer • The nctary seal impression must be clear and photographically reproducible.
,{ hnpres :;ion must not cover text or lines. if seal impression smudges, re -scal if a
,i (Title) sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
❑ Partner(s) j
the county clerk.
{
CI Attorney-in-Fact Additional information is not required but could help to ensure this
i ❑ Trustee(s) acknowledgment is not misused or attached to a different document.
f Other $lJytGr 1�Q►�l� �jpl 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
/ e,/ corporate officer, indicate the title (i.e. CEO. CFO, Secretary).
J • Securely attach this document to the sigmcd document
"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
July 12 2011, from
20605 Lazaneo Drive
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
August 2 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: August 8, 2011
By:
Kirsten Squarcia
Clerk Sr. Assistant