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D-563 Quitclaim Deed And Authorization Underground Water Rights, 10139 Byrne Ave,APN 357-11-009
DOCUMENT: 22067848 Pages: 8 RECORDING REQUESTED BY Fees. . . . No Fees Taxes. . City of Cupertino Copies. . AMT PAID WHEN RECORDED MAIL TO REG!NA ALCOMENDRAS RDE # 024 SANTA CLARA COUNTY RECORDER 1/28/2013 City Clerk's Office Recorded at the request of 1 :35 PM City of Cupertino C i i y 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 10139 Byrne Avenue APN 357-11-009 Roger C. Smith and Brenda Michelle Gaidies-Smith, husband and wife as community property with right of survivorship, Original 11 For Fast Endorsement QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10139 Byrne Avenue,Cupertino,CA 95014 (APN 357-11-009) Roger C. Smith and Brenda Michelle Gaidies-Smith,husband and wife as community property with right toof/survivorship, hereinafter referred to as the "GRANTOR", this 3 day of %b-A4 �% , 2012, 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. GRANTOR: Signed: 0/—67 C 4151 lr Roger Cr.mith Signed: Brenda Michela.ies-Smith CITY OF CUPERTINO: Timm D. Borden, PE Director of Public Works (Acknowledgment and Notarial Seal Attached) LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SANTA CLARA,STATE OF California,AND IS DESCRIBED AS FOLLOWS: 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: LOT 24, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, 'TRACT NO. 150 STEVENS CREEK SUBDIVISION MAP NO. 2",WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 12, 1940 IN BOOK 5 OF MAPS,AT PAGES 4 AND 5. Parcel ID:357-11-009 • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 5 41`-)1 A C L A cZ A On 13 7CCeM 20/2 before me, (ji. L . 6rT4 K (Here insert name a title of the officer) personally appeared 2 o CT£.2 Co e,i t 5 C›i►? i %/7L a t 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. W.L.PAtAIIY • y, COMM. 81873347 zA • .. a►� ^ Notary Public-California o WI ►' d �� is . ,e. j Santa Clara C tort o (Notary Seat) . - Public R ADDITIONAL OPTIONAL INFORMATION it INSTRUCTIONS FOR COMPLETING THIS FORM Arr,acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment fonn must be 'I prcperly completed and attached to that document The only exception is if a INI �t`F Naf �t0 N �f O c document into 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 OAS) t Caa'ornia xe. certi i capacity of signer).Please.check the ' p�g E2C�QO N9 t� ed U�Ts document carefully for proper notarial wording and attach this form//required (Title or description of attached document continued) Document Date • State and County information must be the State and County where the document Number of Pages signers)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which I tU ct.°DNJ 4 b(/A/err A- must also be the same date the acknowledgment is completed. (Additional information) • The notary public thust print his or her,,,Itame,as it appears.within his or her commission followed by a comma and then your title(notary public). • Print the naine(s) of document signer(s)who personally appear at the time of i notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 1,4•dual(S) lu/she they-,-is/ate)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. 0 Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must.,no cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete adifferent acknowledgment form. ❑ Partner(s) • Signature of the note ry public;must match the signature on lire with the office of t county clerk. ❑ Attorney-in-Fact he ? Additional information is not required but could help to ensure Ibis ❑ Trustee(s) acknowledgment is net misused or attached,to a different document. ❑ Other + Indicate title or type of attached document,number of pages and date. (� C� 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 tI is _— 2008 Version CAPA v12.10.07 800-873-9865 www.NgtaryClasses.com • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I State of California 4 County of S Pr N 3 4 C24¢p. ,: • On 13 Dtct,'jp& 261L before me, mil.- • 1 • 6/ •i A-1<% (Here inscft name and title of the officer) personally appeared '$L JS.)D A MtC J fat <4/.0 I C5-5 07/714 i 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 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 • 4, is true and correct. 3! ;,, ,,,,;� W.L.PATAKY COMM. 11873347 z ! `` wiTNE, se 4 and and is cial :-.i( ¢ Notary Public-California o z �. ;' Santa Clara County '1 i .,d1 Zile S / (Notary Seal) 1 .i ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any oclarowledgrnent completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acloiowledgrnent form must be ' � r l LA properly Ip completed and attached to that document. The only exception is if a t11'�G at V �t d N 'fir- 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 • li v N ce.re reN&d Wa, er e..% k I-S California(i.e. cert i5 ing the authorised capacity of the signer).Please check the I (Titter description of attached document E�tinued) document carefully for proper notarial wording and attach this form if required. Number of Pages 3 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 • Date of notarization must be the date that the signer(s)personally appeared which N C..wD/lv F £x/--h al T A- roust 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 f, 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 • hdicale the correct singular or plural forms by crossing off incorrect forms(i.e. 1'. Individual • (s) lte/she/they—is lase)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. 1 ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. 1 i, Impression mustnot cover text or lines.If seal impression smudges,re-seal if a i • (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. 1,Q 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 fI❑ Other Indicate title or type of attached document,number of pages and date. �# il, ❖ Indicate the capacity claimed by the signer.If the claimed capacity is a l t corporate officer,indicate the title(i.e.CEO,CFO,Secretary). I1' • Securely attach this document to the signed document �`• 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasscs.com CALIFORNIA ALL-PURPOSE ACKNOWLEIDGMENT CIVIL CODE§1189 „-J--;-4''./-w—,:"`y;• •- 4 V• State of California >> i County of --1 C A,-c i• On Jar, . 9 2-b (_3 before me, � /-s�e., k-�r,cc .1-41-• .-c..s / /1/01--.L�y Pr/6 1,c S Date f Here Insert4ame and Title of the Officer / , 4 ( i (: personally appeared h -, ,, i �� .. a.. , PJ Name(s)of Signer() • f A • h • who proved to me on the basis of satisfactory i evidence to be the persons) whose namekstre y� subscribed to the within instrument and acknowledged to _me that( he/they executed the same in A her/their authorized capacity), and that by t hl/her/their signaturp(sj on the instrument the x personfs), or the entity upon behalf of which the 0 persort(s1 acted, executed the instrument. ;5 KIRSTEN RENEE SOUARCIA i,,. Commission#r 1908898 I certify under PENALTY OF PERJURY under the p) i ' �� Notary Public California z laws of the State of California that the foregoing _ Santa Clara County ' paragraph is true and correct. �S 1_j1"_'' _ My Comm.Expires Oct 4.2014 ) WITNESS my hand and official seal. Signature: 1P-e---A-e-- � Place Notary Seal Above Signature of Notary Publ i) OPTIONAL S Though the information below is not required by law, it ma✓prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. :): Description of Attached Document t Title or Type of Document: (:Pvi7(�ra/:.-) 2)c'e47/ /0/3.9 By,--ne4vv . ,4PA✓ 357-//-0oy Document Date: Ue c . 13 ) Zo/z _ Number of Pages: 3 Signer(s) Other Than Named Above: go,e.- C Ste„ > , ee�J i1,'c.%6/ 6-A Ides-s'µ,i'?-4 i �` Capacity(ies) Claimed by Signer(s) / A Signer's Name: Signer's Name: . ❑ Corporate Officer—Title(s): [ii Corporate Officer—Title(s): V 4• ❑ Individual RIGHT THUMBPRINT [.-7Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER ❑ Partner—❑Limited ❑General Top of thumb here L.] Partner—❑ Limited ❑General Top of thumb here 9� • ❑ Attorney in Fact C]Attorney in Fact ❑ Trustee ❑Trustee C•l ❑ Guardian or Conservator [:]Guardian or Conservator ❑ Other. C]Other: 9 V Signer Is Representing: Signer Is Representing: ( L\..z. -• .._..._...-\_,.._..._....z.. • .._.••;• _.`c.x._4( ;., cr E:c3 £. .<v.__ ' ' . • • • ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 "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 13, 2012, from 10139 Byrne Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: January 18, 2013 By: Brittany grey Senior Office A_s.stant