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D-286 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10314 PALO VISTA RD, APN 357-02-054 RES. 98-229 DOCUMENT: 14405950 Titles: 1 / Pages: 5 Fees. . . . No Fees Taxes. . . 1111111111111111111111111111111111 Copies. . RECORDING REQUESTED BY -0014405950M AMT PAID City of Cupertino BRENDA DAVIS RDE # 013 1 SANTA CLARA COUNTY RECORDER 9/22/1998 WHEN RECORDED,MAIL TO: Recorded at the request of 8:34 AM City City Clerk's Office City of Cupertino 10300 Torre Avenue f Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE/N ACCORDANCE WITH GOV. CODE 6103 Quitclaim Deed and Authorization For Underground Water Rights APN 357-02-054 10314 Palo Vista Road ® Original For Fast Endorsement f QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-02-054 10314 Palo Vista Road Norman F. Kelly, hereinafter referred to as the "GRANTOR", this / day of Jae- Y , 192khereby 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 GRANTOR as owner of Lot 53, of that certain subdivision of real property situate in the Country 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 9th day of February, 1954 in Book 48 of Maps at Pages 8 & 9, 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 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. C a � Page I of 2 `!(�5• ;7,y This assignment, conveyance and authorization is made for the benefit of Lot 53, within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Norman F. Kelly (Acknowledgement and Notarial Seal Attached) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ' �Z � 1,;,;( County of alaox-_., On 7/ before me, DateNam�nd Title of Officer(e.g.,"Jane Doe,Notaryblic') personally appeared Nov-rnA dj jc�_. Name(s)of S' ner(s) ❑personally known to me–OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(sre subscribe o the within instrument and acknowledged to me thatshe/they executed the same iis her/their authorized capacity(ies), and that by his er/t eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, SANDRA L. SWENSON executed the instrument. COMM.#1030189 ® NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY WITNESS my hand and official y m My Comm.Expires July 1 S,1 998 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ( Signer's Name: Signer's Name: ❑ Individual ❑ Individual ( ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ElGuardian or Conservator ❑ Guar than or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here i Signer is Representing: Signer Is Representing: 01995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 r "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 July 1, 1998, from Norman F. Kelly to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on September 8, 1998, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 14, 1998 r By: Administrative Clerk. City of Cupertino RESOLUTION NO. 98-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM NORMAN F. KELLY, 10314 PALO VISTA ROAD; APN 357-02-054 WHEREAS,Norman F. Kelly has executed a"Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all his 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 that certain map filed in the Office of County Recorder of the County of Santa Clara on the 9th day of February, 1954, in Book 48 of Maps at Pages 8 and 9. 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 W'day of September, 1998, by the following vote: Vote Members of the Lily Council AYES: BURNETT, DEAN, JAMES, STATTON, CHANG NOES: NONE ABSENT: NONE ABSTAIN: NONE ' ATTEST: APPROVED: /S/KIMBERLY SMITH /S/MICHAEL CHANG City Clerk Mayor, City of Cupertino