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D-260 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10554 SAN LEANDRO AVE, APN 357-05-031 RES. 9931 i RECORDING REQUESTED BY City of Cupertino DOCUMENT: 13840273 Titles I / Pages: 7 WHEN RECORDED MAIL TO Fees. . . . * No Fees Taxes. . . Cop City of Cupertino mOO1384e273A AMT I PA I D 10300 Torre Avenue Cupertino, CA 95014 BRENDA DAVIS RDE # 002 SANTA CLARA COUNTY RECORDER 9/03/1997 Recorded at the request of 12:06 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) `� AGGo s g10 E NO ���6014 GOD QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 357-05-031, 10554 SAN LEANDRO AVENUE SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 4 APN 357-05-031 10551 San Leandro Avenue Katie Radish, a California corporation, hereinafter referred to as the "GRANTOR', this 11:4 day of -'Ti 1991, 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: IKZZ Katie Radish (Acknowledgment and Notarial Seal Attached) EXHIBIT QUITCLAIM FOR UNDERGROUND WATER RIGHTS GRANTORS: CHESTER RADISH AND KATIE RADISH GRANTEES: CITY OF CUPERTINO, CALIFORNIA All that certain real property situate in the City of Cuper- tino, County of Santa Clara, State of California, being all of Lot 61 as shown on "DHAP OF LAS PALMAS, MONTA VISTA", filed on April 11 , 1917, in Book "P" of Maps at Page 17, Santa Clara County Records, described as follows : Beginning at the northwest corner of said Lot on the eas- terly right of way line of San Leandro Avenue, 40 feet in width; thence along the westerly line of said Lot southerly a distance of 100.12 feet to the southwesterly corner thereof; thence along the southerly line thereof easterly a distance of 100.12 feet to the southeasterly corner thereof; thence along the easterly line of said Lot northerly a distance of 100.12 feet to the northeast corner thereof; thence along the northerly line of said Lot westerly a distance of 1000.12 feet to the point of beginning. APN 357-05-031 Date: March 15, 1989 Prepared by: Edward J. Hahamian, RCE 13, 318 exp. date : 3/31/1989 5AN TA PAULA AVE . _ o Lu `_" o v U ►� No.C7331a ` v 0J Exp: 3-31-89 l' - O � 4 OF C 4 Q ,� I o o. 12 ti LOT 61, 'MAP OF LA 5 PALMAS, „ , MOMTA V15TA 20 N p "P'o MAP5 PG. 17 Z SAW TA CLARA O N COUNTY RECORDS Q L.L 1 O / / o ADN 357-o5-031 -Pr .3 M� cz� - -C TD ,��roMr1Y Al AO-M oV4-4A-Ti o f C 12AV 1-5 t�) MARCH 15, I JS 9 STATE OF CALIFORNIA SS. COUNTY OF SANTA CLARA OnJOA/ j/m) before me, W. Perry Whitfield, a Notary public in and for said State, personally appeared KAT1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(sf�are subscribed to the within instrument and acknowledged to me that he4�they executed the same in hi er heir authorized capacity(ies), and that by hifijiltheir signature(s) on the instrument Ge person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. W, PERRY WHITFIELD __.. .. Comm.it 1132774 NOTARY PUBLIC-CALIFORNIA .. J� Santa Clara County Signatur My Comm. Expires April 13,1001 W. Perry Whitfield "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 5, 1997, from KATIE RADISH to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on August 18, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 26, 1997 By: Deputy City Clerk City of Cupertino Aft RESOLUTION NO. 9931 iUV A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM KATIE RADISH, APN 357-05-031, 10554 SAN LEANDRO AVENUE WHEREAS, Katie Radish has executed"a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all her 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`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 18th day of August, 1997,by the following vote: Vote Members of the Lily 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 WATER RIGHTS 4 APN 357-05-031 1055 San Leandro Avenue Katie Radish, a California corporation, hereinafter referred to as the "GRANTOR', this day of _199 , 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 EXFBBIT"N'&`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.