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D-602 Quitclaim Deed and Authorization for Underground Water Rights, 10869 N. Wolfe Rd., Cupertino Village, APN 316-05-050RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27281 DOCUMENT: 22456696 °���� � 11� i111lll 1i11 11 111 V91 11 Pages: I 0 =ees.... No Fees faxes... opies.. AMT PAID REGINA AI_COMENDRAS RDE # 025 SANTA CLARA COUNTY RECORDER 11/25/2013 Recorded at the request of 9:23 AM County Agency (SPACE ABOVE THIS LINE FOR RECORDER'S USE) QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND INATER RIGHTS 10869 N. Wolfe Road, Cupertino, CA 95014 APN 316-05-050,316-05-05-1,.316-05-052,316-05-053, 316 -05 -056, 3,16 -05 -072 Cupertino Village, LP, a Delaware Limited Partnership Original 71 For Fast Endorsement QUITCLAIM DEED AN]) AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -05 -050, 316 -05 -051, 316 -05 -052, 316 -05 -053, 316 -05 -056, 316 -05 -072 & 316 -05 -072 10869 N. Wolfe Road, Cupertino, CA 95014 Cupertino Village, LP, a Delaware Limited ]Partnership, hereinafter referred to as the "GRANTOR ", this / S day of 2013, 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 t:he 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 sucht 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. O /0. 'E Cupertino Village, limited Partners ip Cupertino Village, Limited Partnership CITY OF CUPERTINO: Timm Bo en, PE Director of Public Works (Acknowledgment and Notarial Seal Attached) J BXMMI'A The land referred to in this policy is described as follows: Real property In the City of Cupertino, County or Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING AT A GRANITE MONUMENT AT THE: INTERSECTION OF THE ORIGINAL CENTER LINE OF HOMESTEAD ROAD, 40 FEET WIDE, WITH THE CENTER LINE OF WOLFE ROAD, AS SHOWN ON THE MAP OF TRACT NO. 19D6 VERDE GARDENS UNIT NO. 2, ON FILE IN BOOK 98 OF MAPS, PAGE 36, SANTA CLARA COUNTY RECORDS; THENCE S. 00 35' 45" W., ALONG THE CENTER LINE OF WOLFE ROAD, 978.66 FEET; THENCE LEAVING SAID CENTER LINE S. 890 24' 02" W. 54.01 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING S. 890 24'02" W. 563.10 TO THE EASTERLY LINE OF LINNET LANE, FORMERLY BECKER LANE; THENCE N. 0O 17'22" W., ALONG THE EASTERLY LINE OF LINNET LANE, 631.72 FEET TO THE SOUTHWESTERLY CORNER OF THE 1.62 ACRE PARCEL OF LAND CONVEYED TO CALIFORNIA CONFERENCE EVANGELICAL UNITED BRETHREN CHURCH, BY DEED RECORDED JULY 22, 1958 IN BOOK 4129 OF OFFICIAL RECORDS, PAGE 1, SANTA CLARA COUNTY RECORDS; THENCE N. 890 24'02' E., ALONG THE SOUTHERLY LINE OF SAID 1.62 ACRE PARCEL OF LAND 104.09 FEET TO THE WESTERLY CORNER OF THE PARCEL OF LAND CONVEYED TO VALLCO PARK, A CORPORATION, BY DEED RECORDED MARCH 23, 1966 IN BOOK 7321 OF OFFICIAL RECORDS, PAGE 334; SANTA CLARA COUNTY RECORDS; THENCE N. 440 33' 19" E., ALONG THE NORTHWESTERLY LINE OF SAID LAST MENTIONED PARCEL OF LAND AND ITS NORTHEASTERLY PROLONGATION 164.49 FEET; THENCE N. 00 17'22" W., ALONG THE EASTERLY LINE OF THE STRIP OF LAND CONVEYED TO THE GOOD SAMARITAN CHURCH EVANGELICAL UNITED BRETHREN, BY DEED RECORDED MARCH 23, 1966 IN BOOK 7321, PAGE 337 OF OFFICIAL RECORDS, SANTA CLARA COUNTY, 187.74 FEET TO THE SOUTHERLY LINE OF HOMESTEAD ROAD, AS ESTABLISHED BY THE DEDICATION TO CITY OF CUPERTINO, RECORDED APRIL 11, 1966 IN BOOK 7343, PAGE 76, SANTA CLARA COUNTY RECORDS; THENCE N. 890 24' 02" E., ALONG SAID SOUTHERLY LINE OF HOMESTEAD ROAD 176.18 FEET; THENCE S. 00 35'45" W. LEAVING HOMESTEAD ROAD, 70 FEET; THENCE S. 450 00'08" E. 155.70 FEET; THENCE N. 890 24' 02" E. 70 FEET; THENCE S. 00 35' 45" W. 754.39 FEET TO THE TRUE POINT OF BEGINNING, BEING A PORTION OF THE QUITO RANCHO. EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF CUPERTINO FOR PUBLIC ROADWAY PURPOSES BY INSTRUMENT RECORDED ON AUGUST 13, 1976 IN BOOK C212, PAGE 733 OF OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE MONUMENT LINES OF WOLFE ROAD AND HOMESTEAD ROAD, AS SAID MONUMENT LINES ARE SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 244 OF MAPS, AT PAGE 51., SANTA CLARA COUNTY RECORDS. THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. Oo 35'45" W. 230.08 FEET; THENCE LEAVING SAID LINE N. 890 24' 15" W. 54.00 FEET TO A POINT IN THE WESTERLY LINE OF WOLFE ROAD, SAID POINT BEING THE TRUL POINT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE N 00 35'15" E. 124.68 FEET; THENCE ALONG A TANGENT CURVE TO THE LE17, HAVING A RADIUS OF 60.00 FEET THROUGH A CENTRAL ANGLE OF 910 11'43", AN ARC LENGTH OF 95.50 FEET;. THENCE ALONG THE SOUTHERLY LINE OF HOMESTEAD ROAD, S. 890 24' 02 W. 205.83 FEET TO A POINT OF CUSP; THENCE LEAVING SAID SOUTHERLY LINE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 130 50' 44 ", AN ARC LENGTH OF 19.33 FEET; THENCE TANGENT TO SAID CURVE S. 760 45' 14" E. 22.36 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 130 50' 44 ", AN ARC LENGTH OF 19.33 FEET; THENCE PARALLEL TO SAID SOUTHERLY LINE14. 890 24'02" E. 147.74 FEET; THENCE ALONG A'TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54.00 FEET THROUGH A CENTRAL ANGLE OF 910 11'43", AN ARC LENGTH OF 85.95 FEET TO A POINT OF NON- TANGENCY; THENCE S. 10 18' 12" E. 120.79 FEET TO THE TRUE POINT OF BEGINNING. PARCEL TWO: A NONEXCLUSIVE EASEMENT FOR THE BENEFIT OF AND APPURTENANT TO THE ABOVE DESCRIBED PARCEL ONE, FOR VEHICULAR AND PEDESTRIAN ACCESS, EGRESS AND INGRESS AS WELL AS FOR INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES OVER THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT ON THE NORTHERLY LINE OF PARCEL A AS DEFINED IN THE PARCEL MAP RECORDED IN BOOK 386 OF MAPS, AT PAGE 34, RECORDS OF SANTA CLARA COUNTY, DISTANT THEREON S. 890 24' 02" W. 232.54 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL; THENCE S. 890 24' 02" W., ALONG SAID LINE 31.01 FEET; THENCE LEAVING SAID LINE S. 00 35'45" W. 274.99 FEET TO A POINT IN THE GENERAL SOUTHERLY LINE OF SAID PARCEL, SAID POINT BEING DISTANT S. 89° 24' 15" E. 9.51 FEET FROM AN ANGLE POINT IN SAID LINE; THENCE ALONG SAID LINES. 890 24' 15" E. 36.13 FEET, TO -A POINT ON A 24.50 FOOT RADIUS CURVE, THE RADIUS POINT OF WHICH BEARS 14, 52° 51'09" E., FROM THIS POINT; THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGLE OF 370 44' 36" FOR AN ARC LENGTH OF 16.14 FEET; THENCE N. 0° 35'45" E. 260.64 FEET TO THE POINT OF BEGINNING. PARCEL THREE: BEING A PORTION OF PARCEL A, AS SHOWN ON THAT CERTAIN MAP FILED FOR RECORD IN MAP BOOK 406,' PAGE 27, SANTA CLARA COON' ►l' RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL A; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID PARCEL A, THE FOLLOWING FOUR COURSES; SOUTH 00 35'45" WEST, 229.24 FEET; SOUTHWESTERLY ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 37.50 FEET THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC LENGTH OF 58.90 FEET; SOUTH 0° 35'45" WEST, 13.75 FEET; AND NORTH 891 24' 15" WEST, 235.50 FEET TO AN INTERIOR CORNER OF SAID PARCEL A; THENCE NORTH 00 35'45" EAST 274.79 FEET TO THE NORTHERLY LINE OF SAID PARCEL A; THENCE NORTH 890 24'02" EAST, 273.06 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING. PARCEL FOUR: BEGINNING AT A GRANITE MONUMENT AT THE'. 'INTERSECTION OF THE ORIGINAL CENTER LINE OF HOMESTEAD ROAD 40 FEET WIDE, WITH THE CENTER LINE OF WOLFE ROAD AS SHOWN ON THE MAP OF TRACT NO. 1906, VERDE GARDENS UNIT NO.2 ON FILE IN BOOK 98 OF MAPS, PAGE 36, SANTA CLARA COUNTY RECORDS; THENCE S. 01 35'45" W., ALONG THE CENTER LINE OF WOFE ROAD, 224.27 FEET; THENCE LEAVING SAID CENTER LINE AND RUNNING S. 890 2,1'02" W. 54.01 FEET TO THE: SOUTHEAST CORNER OF THE PARCEL TO BE DESCRIBED AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RUNNING S. 890 24' 02" W. 70.00 FEET; THENCE N. 450 00' 08" W. 155.70 FEET; THENCE N. 0° 35' 45" E. 70.00 FEET TO A POINT IN THE SOUTHERLY LINE OF HOMESTEAD ROAD; THENCE RUNNING ALONG SAID LAST NAMED LINE N. 890 24' 02" E. 120,00 FEET; THENCE ON THE ARC OF A CURVE TO THE RIGHT, WITH A RADIUS OF 60 FEET, THROUGH A CENTRAL ANGLE OF 910 11' 43" FOR AN ARC DISTANCE OF 95.50 FEET; THENCE RUNNING S. 0° 3545" W. 120.00 FEET TO THE TRUE POINT OF BEGINNING, AND BEING A PORTION OF THE QUITO RANCHO. EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE CITY FOR CUPERTINO FOR PUBLIC ROADWAY PURPOSES I3Y INSTRUMENT RECORDED ON AUGUST 13, 1976 IN BOOK C 212, PAGE 733 OF OFFICIAL .RECORDS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE MOIUMENT LINE OF WOLFE ROAD AND HOMESTEAD ROAD, AS SAID MONUMENT LINES ARE SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 244 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS. THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. 0" 35'45" W. 230.08 FEET; THENCE LEAVING SAID LINE N. 89" 24' 15" W. 54.00 FEET TO A POINT IN THE WESTERLY LINE OF WOLFE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE N. 00 35'45" E. 124.68 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET'THROUGH A CENTRAL ANGLE OF 910 11'43", AN ARC LENGTH OF 95.50 FEET; THENCE ALONG THE SOUTHERLY LINE OF HOMESTEAD ROAD, S. 89° 24'02" W. 205.83 FEET TO A POINT OF CUSP;. THENCE LEAVING SAID SOUTHERLY LINE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 130 50' 44 ", AN ARC LENGTH OF 19.33 FEET; THENCE TANGENT OF SAID CURVE S. 760 45' 14" E. 22.36 FEET; THENCE ALONG A TANGENT CURVE TO THE LE17 HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 130 50'44", AN ARC LENGTH OF 19.33 FEET; THENCE PARALLEL TO SAID SOUTHERLY LINE N. 890 24'02" E. 147.74 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54.00 FEET THROUGH A CENTRAL ANGLE OF 910 11'43", AN ARC LENGTH OF 85.95 FEET TO A POINT OF NON - TANGENCY; THENCE S. 10 18'12" E. 120,79 FEETTO THE TRUE POINT OF BEGINNING. PARCEL FIVE: EASEMENT FOR,PARKING, LANDSCAPING AND XNGRESS /EGRESS AS PROVIDED IN THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT FOR PARKING, LANDSCAPING AND INGRESS AND EGRESS, RECORDED OCTOBER 28, 1998, AS SERIES NO, 14466686, OFFICIAL RECORDS, APN: 316 -05 -050 and 316 -05 -051 and 316 -05 -052 and 316 -05 -053 and 316 -05 -056 and 316 -05- 072 and 316-45 -017 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of c\ o• On 1 O I S Date personally appeared before me, KAREN GAERTTNER Gs� 2 pmndssion ♦ 1679335 y poetic - California- D Oran Cowin► M who proved to me on the basis of satisfactory evidence to be the person(4' whose name(;4 is /are- subscribed to the within instrument and acknowledged to me that he /s*e>y executed the same in his, /he 4hetr authorized capacity(es , and that by his,fher /their signature( on the instrument the person(s), or the entity upon behalf of which the person(g) 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. 1 WITNESS my and and official seal. Signatu O Place Notary Seal and /or Stamp Above Signature of Notary Public OPTIONAL 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. Description of Attached Document Title or Type of Document: _ Document Date:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder:. Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CIVIL CODE § 1189 On �10v. / �, 2-o t_? before me, r �s-��H /; c �� �� �a�cra N07�R,-y Date Here Insert Nam, and Title of the-Officer 7 personally appeared / M llil Names) of Signer(s) who proved to me on the basis of satisfa tory evidence to be the person ,W whose namek is/ re subscribed to the within instrument and acknowledged t me that he she /they executed the same in hi her /their thorized capacitySieg), and that by hi /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person,(s) acted, executed the instrument. SOIJARCIA I certify under PENALTY OF PERJURY under the KIRSTEN RENEE Commission E QUAR 8 laws of the State of California that the foregoing -: Notary Public - California paragraph is true and correct. Santa Clara County My Comm. Ex Tres Oct 4, 2014 WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required bylaw, it may, prove valuable to persons relying on the document and could prevent fraudulent removal and reatta�-hment of this form to another document. Description of Attached Document Title or Type of Document: Qv f / r i a f , c c.&�-10 86 9 Al, Wo /1, AV. Document Date: Oe- / S L o t 7 _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT�j W_ B_P.,RINT;3 SIGN ER y -- . Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee E7 Guardian or Conservator ❑ Other: Signer Is Representing: ©2010 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) ,rem ffoav, "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 October 15, 2013, from 10869 N. Wolfe Road, Cupertino, CA 95014 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: November 20, 2013 By:� _ Dorothy Ste `f; tt Senior Office .Assistant