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D-253 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10490 MADERA DR, APN 326-35-051 RES. 9869 f RECORDING REQUESTED BY City of Cupertino DOCUMENT: 13769440 Titles 1 / Pages 5 Fees. . . . * No Fees WHEN RECORDED MAIL TO Taxes. . . 111111111111111111111111 Copies. . City of Cupertino ■0013769440■ AMT PAID 10300 Torre Avenue Cupertino, CA 95014 BRENDA DAVIS RDE # 004 SANTA CLARA COUNTY RECORDER 7/10/1997 Recorded at the request of 9:43 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NGE GO E�N AC O� O61o3 NOF 1{ G QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MARK E. & SUSAN M. PASS, 10490 MADERA DRIVE, APN 326-35-051 SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-35-051 10490 Madera Drive 's'T Mark E. Pass and Susan M. Pass, hereinafter referred to as the "GRANTOR", this day of m N-1 , 19L-�, 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 Lot 4, 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 March, 1958 in Book 91 of Maps at Pages 50 & 51, 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. Page 1 of 2 This assignment, conveyance and authorization is made for the benefit of Lot 4, 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: Mark E. Pass Susan M. Pass (Acknowledgement and Notarial Seal Attached) Page 2 of 2 Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document � County of Signer(s) Other than named below 4-�Ad� On 7 before mef fl7 le-k-, personally appeared A K t= PA SS >q A(a Sc c SA M 1A pA SIZZ9 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. r n z l;. PATRICK � Ur=P Comm.41036697 WITNESS rn and d o al seal. �I �® I +17 m NGTgR U�AR-COUNTYN A C � SAfd'i,�IRRA COUNTY \! ivoPN Co" 7xpi es Sept.6,1998 J Signature (Seal) Notary Public in and f&said County and State UD01 (Rev.4/94) "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 May 14, 1997, from MARK E. PASS & SUSAN M. PASS to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on June 16, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Dated: June 25, 1997 By: Deputy City derk City of Cupertino RESOLUTION NO. 9869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM MARK E. PASS AND SUSAN M. PASS,APN 326-35-051, 10490 MADERA DRIVE WHEREAS, Mark E. Pass and Susan M. Pass 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 that certain map filed in the Office of County Recorder of the County of Santa Clara on the 9th day of March, 1958, in Book.91 of Maps at Pages 50 and 51, Lot 4. 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 16th day of June, 1997,by the following vote: Vote Members of the Cit 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 326-35-051 10490 Madera Drive gam[ Mark E. Pass and Susan M. Pass, hereinafter referred to as the "GRANTOR", this day of m f'�`( , 19L-�, 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 Lot 4, 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 March, 1958 in Book 91 of Maps at Pages 50 & 51, 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 upderground basin within the said lots `c 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 grater to such owner or owners or others as a public utility; provided, however, that nothingontained 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. 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