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D-255 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10227 ADRAIANA AVE, APN 326-20-019 RES. 9911 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-20-019 10227 Adriana Avenue R & Z Development Company, Inc., a California Corporation, hereinafter referred to as the "GRANTOR', this 4h day of 199L, 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: R& Z Development Company, Inc. A California Corporation By: ark Ro esi ent (Acknowledgment and Notarial Seal Attached) EXHIBIT A APN 326-020-19 All of that certain property situate in Cupertino, Santa Clara County, California described as follows: BEGLNNING at a point on the Northerly terminus of Adriana Avenue at the intersection thereof with the Northerly line of Lot 11 as shown on the Map of Tract 651, Knoll Vista Subdivision as recorded in Book 24 of Maps at page 39, Santa Clara County_ records; thence leaving said Northerly terminus and proceeding along said Northerly line of Lot 11 N49005'25"W 60.02 feet and N28046'59"W 257.41 feet to the most Northerly corner of said Lot 11; thence along the Northerly prolongation of the Westerly line of said Lot 11 N0°25'15"W 372.18 feet; thence leaving said Northerly prolongation of the Westerly line of Lot 11 and proceeding S16°44'34"E 603.24 feet; thence S19°30'00"E-65.00 feet to a point on the above mentioned Northerly terminus of Adriana Avenue; thence along a nontangent curve to the left with an initial tangent bearing N68°26'10"W, a radius of 40.00 feet, an internal angle of 34'13'05" and a length of 23.89 feet to the point of BEGLNNLr"G. Containing 0.992 acre more or less and being a portion of the Northwest 1/4 of section 14, Township 7 South, Range 2 West, M.D.B.M. and also consisting of a portion of that certain 2.91 acre tract of land designated as "NOT A PART OF THIS SUBDIVISION", as shown on the above mentioned Map. IAlISOFFICE`,KNWORDIROB-E IA QROf ESSIG',y�� L' W No. 20597 m lF Uf CAUF��� PLAT TO ACCOMPANY EXHIBIT A pp FOR THE DEDICATION OF UNDERGROUND WATER RIGHTS SCALE: 1'-60' APN: 326-20-019 CITY OF CUPERTINO SANTA CLARA COUNTY, CALIFORNIA CURVE DATA CURVE I RADIUS LENGTH DELTA APRIL 1997 Cl 1 40.00' 23.89' 1 34'13'05" N00'25'15"W 372.18' .bI1 59� ti / 6p3.24 N 49'03'25"W 60.02 / 51/'34 ..r LEGEND DISTINCTIVE BORDER LINE QROFESSi i O E. 9! N2C Cl S19'30'00"E �c. pS NFIF c 33S 65.00' � � y z E M 20697 a 9l CMI. A D R I A N A AVENUE F�FCAUF°� JOBS ROBERTS R-PLAT.DWG JOB NO. 401-65 State of California County of Santa Clara On July 16, 1997 before me, the undersigned, a Notary Public in and for said State, personally appeared Mark Roberts personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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. MI't WITNESS my hand and official seal. 6CA °J CORNETT COMM. #1052132 � - NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY 0 SignatureMy Comm. Expires Feb.21,1999 .aw» Name MR= (typed or printed) (Seal) "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 16, 1997, from R& Z DEVELOPMENT COMPANY, INC. to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on July 21, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Dated: July 23, 1997 By: Deputy City Clerk City of Cupertino RESOLUTION NO. 9911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM R& Z DEVELOPMENT CO., INC. A CALIFORNIA CORPORATION; 10227 ADRIANA AVENUE, APN 326-20-019 WHEREAS, R & Z Development Co., Inc. A California 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 21 st day of July, 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 WATER RIGHTS APN 326-20-019 10227 Adriana Avenue R & Z Development Company, Inc., a California Corporation, hereinafter referred to as the "GRANTOR', this 46±day of 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 EXHIBIT"X'&`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 y 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.