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D-353 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 22261 MCCLELLAN RD, APN 357-04-067 RES. 01-149 RECORDING REQUESTED BY Q i DOCUMENT: 15786112 Titles: 1 / Pages 5 City of Cupertino Fees. . . . No Fees Taxes. . . WHEN RECORDED MAIL TOAMT I PAID City Clerk's Office BRENDA DAVIS RDE # 001/015 City of Cupertino SANTA CLARA COUNTY RECORDER 7/23/2001 10300 Torre Avenue Recorded at the request of 12:43 PM ` Cupertino, CA 95014-3255 City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED AND AUTHORIZATION - FOR UNDERGROUND WATER RIGHTS THOMAS M. MCNAIR AND JAMIE A. BRIGGS 22261 MCCLELLAN ROAD APN 357-04-067 RESOLUTION 01-149 Original 11 For Fast Endorsement QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS AIN 357-04-067 22261 McClellan Road Thomas M. McNair and Jamie A. Briggs,hereinafter referred to as the"GRANTORS", this. day of �/��.,.� ,2001,hereby grant,bargain, assign, convey,remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation,hereinafter referred to as the"GRANTEE", its successors and assigns, all the right,title,interest, estate, claim and demand,both at law and in equity, and as well in possession as in expectancy of the GRANTORS as owners of Lot 73 of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 17th day of April, 1917 in Book P of Maps at Page 19,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 GRANTORS hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTORS and its successors in ownership or overlying lands in the said lots to take from said underground basin within the said lots 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.lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment, conveyance and authorization is made for the benefit of Lot 73 within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTORS has executed this instrument the day and year first above written. OWNERS: Thomas M.McNair , #mie A.Briggs (Acknowledgment and Notarial Seal Attached) PLEASE SEE ATTACHED CURRENT CALIFORNIA ROTARY FORM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of c�(,(/�L7�` ss. ( On2j7bb , before me, b ,Cr Date ,— Name and Title of OffIcer(e.g.,"Jane Dae,Notary Pub c") personally appeared 6_V P� c \U VVA IE- �. ►Ci( , Name(s)of Signer(s kjj proved to me on the basis of satisfactory (' evidence to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that he�e/he executed ` the same in h {hgrhe' authorized capacity(ies), and that by his� eir ( gS1PEfIA1VA STOJitOV►C signature(s) on the instrument the person(s), or C0rr1M-C-ta1 Iry -Car+,tnl the entity upon behalf of which the person(s) �. Santa C'lrTa Cauniacted, executed the instrument. AAy Corn.EW res A+tg Z WITNESS y hand and official seal. ( Place Notary Seal Above Signature of Nq66 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: 0 k I'Nk 01 I'll c� Document Date: V\_'L)yN& _ Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer r Signer's Name: ( ❑ Individual . Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 "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 deed, dated June 22, 2001, from: THOMAS M. MCNAIR AND JAMIE A. BRIGGS to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on July 2, 2001, and the grantee consents to recordation thereof by its duly authorized officer. Dated: July .12, 2001 By. *� Administrative Clerk, City Clerk's Office RESOLUTION NO. 01-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM THOMAS M. MCNAIR AND JAMIE A. BRIGGS, 22261 MCCLELLAN ROAD, APN 357-04-067 WHEREAS, Thomas M. McNair and Jainie A. Briggs have executed a"Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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 and delineated on the attached Exhibits "A" and`B". 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 July 2001, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/ Sandra James City Cleric Mayor, City of Cupertino