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D-612 Quitclaim Deed for Underground Water Rights, 10231 Hillcrest Rd APN 326-16-094RECORDING 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: 22524069 �;� °:, Pages: ..° AMT PA I D REGINA ALCOMENDRAS RDE 4 005 SANTA CLARA COUNTY RECORDER 2/21/2014 Recorded at the request of 12 :04 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10231 Hillcrest Road, Cupertino, CA 95014 APN 326 -16 -094 David R. Miguel and Lynda G. Miguel, as trustees of The David R. Miguel and Lynda G. Miguel Joint Revocable Trust. O Original 71 For Fast Endorsement QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -16 -094 10231 Hillcrest Road, Cupertino, CA 95014 Tracy Hsu, Trustee of the T &J Living Trust, hereinafter referred to as the "GRANTOR ", this � b-k- day of :1-mvi vay-q 2014, 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 propery situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" The right 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 lot to take from the underground basin within the 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 the lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of the lot(s) within the legal description. IN WITNESS WHEREOF, GRANTOR. has executed this instrument the day and year first above written. OWNER: Tracy Hsu Trustee CITY OF CUPERTINO: p. im5m Borden, PE Director of Public Works (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL, - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California / County of S "`� On �1 Ky . 3 ° r l `l before me, b-r '� 4L �r R e H < t S-� ��'., fvv , ti ('� L l f c Date Here Insert . Name, and Title of the Officer personally appeared Tr a e- L/ (4-C L11 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)'whose name,(s) is/ ire subscribed to the within instrument and acknow edged to a that he�e/ hey executed the same in hi /he� /their authorized capacity(ie's), and that by his /her /their signature,( ,sj on the instrument the person(s), or the entity upon behalf of which the person(sj acted, executed the instrument. KIRSTEN RENEE SUUARCIA I certify under PENALTY OF PERJURY under the Commission # 1906898 z laws of the State of California that the foregoing Z " -o Notary Public - California D paragraph is true and correct. Z ' Santa Clara County My Comm. Expires Oct 4, 2014 WITNESS my hand and official seal. Signature: kL��L A" 4,�� Place Notary Seal Above Signature of Notary Public tJ 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: o u / Document Date: J_q n , 3 0 t ?_­ ( `f Number of Pages: Z Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual WORM W ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual 0 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • National Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -3827) nem Nb9u, CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT EDGMENT State of California County of ��o r On l � �) Ybefore me, - Date y,\ ) Here Insert Name an Title of the O c personally appeared I ({M D� �y(, _W Name(sT of tioner(s) WITNESS my hand and official s al. Signature: _6V_r.1 Place Notary Seal Above Signature of Notary Public-4 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 Mclum nd "N j.2 to - �°� ?V. Title or Type of Document: i1 „A ,�Q,g�_ ",I - Q ,/?i rp L - Document Date: 9- GA , 3 Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual !A ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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: 0 2009 National Notary Association • National Notary.org • 1- 800 -US NOTARY (1-800-876-61327) Item #5907 who proved to me on the basis of satisfactory evidence to be the person whose name is /K subscribed to the within instrument and acknowledged GRACE SCHMIDT to me that he /sKeAey executed the same in Commission # 1923164 i '° Notary Publit - California his /her /t it authorized capacity(io), and that by his /hit! %t i Santa r signatureo on the instrument the Clara County M Comm. Expires personx, or the entity upon behalf of which the Feb 21.2015 persons) 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. WITNESS my hand and official s al. Signature: _6V_r.1 Place Notary Seal Above Signature of Notary Public-4 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 Mclum nd "N j.2 to - �°� ?V. Title or Type of Document: i1 „A ,�Q,g�_ ",I - Q ,/?i rp L - Document Date: 9- GA , 3 Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual !A ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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: 0 2009 National Notary Association • National Notary.org • 1- 800 -US NOTARY (1-800-876-61327) Item #5907 EXHIBIT "All 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: PARCEL ONE: A portion of Lot 29 as shown on the "Map of Russelhurst, Manta Vista ", filed April 11, 1917 in Book P of Maps, Page 22, in the Office of the Santa Clara Recorder; described as follows: Beginning at "stake AM2" as shown on said "Map of Russellhurst ", thence 5 40 40' 00" E 194.98 feet to the TRUE POINT OF BEGINNING; thence leaving said line S 580 23' 00" E 21.45 feet; thence S 790 58' 00" E 27.35 feet; thence N 720 52' 00" E 53.68 feet to a point on a curve; thence along the Westerly line of said curve to the right from a tangent bearing S 180 12' 13" W with a radius of 30.00 feet and a central angle of 59 20'22" for an arc distance of 31.07 feet; thence leaving said curve S4 40' 00" E 100.90 feet; thence N 89 53' 00" W 100.3 feet; thence N 41 40' 00" W 130 feet to the TRUE POINT OF BEGINNING. Being Parcel One as described in the Lot Line Adjustment recorded November 21, 2006 as Instrument No. 19195133, Official Records. PARCEL TWO: A non - exclusive easement for storm water drainage contained in the Grant to Easement recorded March 26, 2013 as Instrument No. 22145788 of Official Records and being more particularly described as follows: A strip of land five feet in width lying entirely within PARCEL TWO: Lot 30 as described in DOCUMENT: 20671524, filed for record in the Office of the Santa Clara County Recorder, State of California, and the centerline of which is described as follows: Commencing at "stake AM2" as shown on "Map of Russellhurst, Town of.Monta Vista ", recorded in Book "P of Maps, at Page 22, Santa Clara County Records, California; thence a)_ South 41 40'00" East,,194:_98,feet to the most Westerly.corner in Common to PARCEL ONE,---LOT 29 per said DOCuMEiv► 20671524 and said PARCEL TWO: LOT 30; thence along the boundary lines in common to said Lot 29 and said Lot 30 the following three (3) courses b) South 580 23'00" East, 21.45 feet; thence c) South 79" 58' 00" East; 27.35 feet; thence d) North 721 52' 00" East, 41.18 feet to a point distant South -,72_° 52' 00" West, 12.50 feet from the most Easterly corner in common to said PARCEL ONE: LOT 29 and PARCEL TWO: Lot 30, and to the TRUE POINT OF BEGINNING; thence leaving said boundary line in common to said Lot 29 and said Lot 30 1) North 371 00' 00" East, 22.31feet; thence 2) North 650 00' 00" East 14.76 feet to the beginning of a tangent curve concave to the South and having radius of 32.50 feet; thence 3) Easterly, 18.30 feet along said curve, through a central angle of 320 15'24" to a point that is 5.25 feet, measured at right angles from the Northeasterly line of said PARCEL TWO: Lot 30; thence running parallel to said Northeasterly line - - T 4) North 41° 35' 36" West, 129.50 feet; thence 5) North 481 24'24" East, 5.25 feet to a point on said Northeasterly line of said PARCEL TWO: Lot 30 The sidelines of the above described centerline are to be extended and /or foreshortened as to intersect with the most adjacent boundary line of said PARCELTWO: Lot 30. Containing 954 square feet, more or less, as shown on the Exhibit Plat attached hereto and made a part hereof. ... APN: 326.46 -094 "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 January 30, 2014 from 10231 Hillcrest 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: February 14, 2014 By: -f Andrea San e Senior Office Assistant