D-262 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 22110 MCCLELLAN RD, APN 356-07-060 & 061 RES. 9944 RECORDING REQUESTED BY
City of Cupertino
DOCUMENT: 13879142 Titles: ] / Pages: 7
WHEN RECORDED MAIL TO
Fees. . . . * No Fees
City of Cupertino Taxes .
10300 Torre Avenue A0013879142A AMT I PA I D
Cupertino, CA 95014
BRENDA DAVIS RDE # eel
SANTA CLARA COUNTY RECORDER 9/29/1997
Recorded at the request of 11 :08 AM
-- ._
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
'�P•NG�
N� t,EE 1
601V
WITH
QUITCLAIM DEED &AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
APN 356-07-060 & 061, KELLY GORDON DEVELOPMENT, 22110 MCCLELLAN ROAD
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 356-07-060 & 061
22110 McClellan Road
Kelly Gordon Development Corp., a California Corporation, hereinafter referred to as
the "GRANTOR', this -6 day of v vsr 199_2, 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 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!' & "B"
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.
This assignment, conveyance and authorization is made for the benefit of lots within the
above described plat and description and shall bind the owner of said lots within said plat
and description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year
first above written.
OWNER:
Kelly Gordon Development Corp.
A California Corporation
By: Brian , President
(Acknowledgment and Notarial Seal Attached)
State of California
County of SANTA CLARA
On AUG. 20, 1997 before me, the undersigned, a Notary Public in and
for said State, personally appeared BRIAN J. KELLY
personally ]mown to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose names) 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.
WITNESS my hand and official seal. -
Q '^ dol J` `vri7 t ,s1 t_U)20
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Signature IV , err r,.[ ,ras ion 21,2000
Name DEBRA L. ALLEN
(typed or printed) (Seal)
r
� HI�IT A
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California described as follows:
Beginning at the northwesterly corner of Lot 1 as shown on that certain Map entitled,
"Tract No. 3663" filed for record in Book 197 of Maps at page 40, Santa Clara County
Records, said point being on the southeasterly line of McClellan Road as shown on said
Map; thence along said line of McClellan Road S 64°12'00" W 73.66 feet; thence along a
tangent curve to the right thru a central angle of 14°26'40"with a radius of 338.94 feet
for an arc length of 85.45 feet to a point of reverse curvature; thence along said reversed
curve to the left thru a central angle of 3°34'36"with a radius of 770.00 feet for an arc
length of 48.07 feet; thence leaving said line of McClellan Road S 42°35'00" E 532.44
feet; thence S 89°35'00" E 147.46 feet; thence N 00°25'00" E 120.79 feet; thence
N 42°35'00" W 465.10 feet to the POINT OF BEGINNING.
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Prepared by:
Marvin D. Kirkeby
R.C.E. No. 14001
Expires 3/31/01
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N89°35ooW 147.46
EXHIPIT B
KIRKEBY ENGINEERING
2397 FOREST AVENUE
SAN JOSE, CA 95128 (408) 984-0331
PLAT TO ACCOMPANY DESCRIPTION
QU/Tif,1X1V 7-0 W,4TER R/6W-g
Scale: /'x=/00 Date: AW, 1997 Job No. 96037
"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 August
20, 1997, from
KELLY GORDON DEVELOPMENT
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
September 2, 1997, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: September 15, 1997
By: ( .�2
Deputy City Clerk
City of Cupertino
t
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RESOLUTION NO. 9944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
.UNDERGROUND WATER RIGHTS FROM KELLY GORDON
DEVELOPMENT CORPORATION,APN 356-07-060 AND 061,
22110 MCCLELLAN ROAD
WHEREAS, Kelly Gordon Development Corporation has executed a "Quitclaim
Deed and Authorization", which is in good and sufficient form, quitclaiming all its 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 in the attached Exhibit "A" and
Exhibit"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 September, 1997,by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ John Bautista
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND NATER RIGHTS
APN 356-07-060 & 061
22110 McClellan Road
Kelly Gordon Development Corn.. a California Corporation, hereinafter referred to as
the "GRANTOR', this,,,�o day of vsT 1992, 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 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 EXBMI'T"A" &"B"
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.