D-526 Quitclaim Deed and Authorization for Underground Water Rights, 10590 North Tantau Ave, APN 356-01-032, Reso 11-153 DOCUMENT: 21352899
Pages: 7
RECORDING REQUESTED BY Fe
Tes. . . . * No Fees
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City of Cupertino Caopies.
AMT PAID
WHEN RECORDED MAIL TO
RDE # 024
City Clerk's Office REGINA ALCOMENDRAS 10/07/201 1
SANTA CLARA COUNTY RECORDER 8: 14 AM
City of Cupertino Recorded at the request of
10300 Tone Avenue C t y
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
10590 NORTH TANTAU AVENUE
APN 356-01-032
10590 TANTAU INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
pt Original
0 For Fast Endorsement
"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
August 4th, 2011, from
10590 NORTH TANTAU AVENUE
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
September 6th, 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: September 13, 2011
By:
Kirsten Squarcia
Clerk Sr. Assistant
RESOLUTION NO. 11-153
A RESOLUTION OF THE CITY COUN CIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, 10590 TANTAU INVESTMENTS, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, 10590 NORTH TANTAU AVENUE, APN 316-18-035
WHEREAS, 10590 Tantau Investments, LLC, a Delaware limited liability company, 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 6th day of September, 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:
Kimberl Smith Ci Cle itya(
y , tY filbert Wong, ayor, City s if Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316-18-035
10590 North Tantau Avenue, Cupertino, CA 95014
10590 Tantau Investments, LLC, a Delaware limited li ity company, hereinafter
referred to as the "GRANTOR", this /73 day o , 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 situated 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 notl-ing 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.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
GRANTOR:
10590 TANTAU INVESTMENTS, LLC, a
ela are Li ite I Liability Company
yC. Antho y Ship .1'_ , Its Manager
(Acknowledgment and Notarial Seal Attached)
Exhibit A to
Grant Deed
REAL PROPERTY IN THE CITY OF CUPERTINO,COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE PROLONGATION OF THE
EASTERLY LINE OF THAT CERTAIN 19.27 ACRE TRACT CONVEYED BY JAMES E.
GLENDENNING, ET AL,TO JOSEPH G. GLENDENNING,BY DEED DATED
NOVEMBER 25, 1914,AND RECORDED NOVEMBER 25, 1914 IN BOOK 423 OF DEEDS,
AT PAGE 424, SANTA CLARA COUNTY RECORDS,WITH THE SOUTHERLY LINE OF
LOT 5 AS SAID LOT 5 IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF
PARTITION OF THE GLENDENNING ESTATES IN THE QUITO-RANCHO", WHICH
MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF
SANTA CLARA COUNTY ON OCTOBER 24, 1884 IN BOOK "B"OF MAPS AT PAGE 15;
THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE OF LOT 5,N. 89°24'39"E.
513.56 FEET;THENCE S. 0° 26' 11" W.954.95 FEET;THENCE.N. 67°29' 18"E.40.72 FEET
TO THE TRUE POINT OF BEGINNING;THENCE FROM SAID TRUE POINT OF
BEGINNING ALONG THE WESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF
LAND,N. 0°26' 11"E. 660.07 FEET;THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 88°58'
31"AN ARC LENGTH OF 77.65 FEET;THENCE NORTH 89°24'42"EAST 250.94 FEET
TO A POINT ON THE EASTERLY LINE OF THE TRACT OF LAND CONVEYED TO JOE
MARCHESE,ET UX,BY DEED RECORDED OCTOBER 5, 1944 IN BOOK 1227 OF
OFFICIAL RECORDS,PAGE 30; THENCE ALONG SAID EASTERLY LINE, S.0°48' W.,
580 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 4, AS SAID LOT 4 IS
SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE PARTITION OF THE
GLENDENNING ESTATES IN THE QUITO RANCHO",WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY
ON OCTOBER 24, 1884 IN BOOK"B"OF MAPS,AT PAGE 15;THENCE ALONG THE
SOUTH-EASTERLY LINE OF SAID LOT 4,S. 67°29' 18" W.,320 FEET MORE OR LESS
TO THE TRUE POINT OF BEGINNING.
APN: 316-18-035
DELAWARE ALL-PURPOSE
ACKNOWLEDGMENT CERTIFICATE
State of Delaware
County of New Castle
On August 4th, 2011 before me, Jean Marie Wagner, notary public, personally appeared C. Anthony
Shippami, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrumert the person, or the entity upon behalf of which the
person acted,executed the instrument.
I certify under Penalty of Perjury under the laws of the state of Delaware that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
TIC i tr/.1__ _ -" ;
Si! . e o otary -ublic (Notary Seal)
\ )-ectiv..-- hOvn`e.___\ c-1-51%04/
Printed name of Notary Public
/, ate, an//
My Commission Expiration DOAN MARIE WAGNER
Notary Public,, ta�
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ate of Delawar
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ESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER
(Title of document)
Number of Pages &/ (Document Date) /y/�)/1
(Additional Information)
CAPACITY CLAIMED BY THE SIGNER
C.Anthony Shippam
Manager
10590 Tantau Investments, LLC