D-249 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10496 BYRNE AVE, APN 357-14-012 RES. 9816 R&CORDING REQUESTED BY
City of Cupertino DOCUMENT: 13710529 Titles: l / Pages 8
Fees. . . . - No Fees
WHEN RECORDED MAIL TO Taxes. . .
A001 3710529A Copies. .
City of Cupertino AMT PAID
10300 Torre Avenue BRENDA DAVIS RDE # 005
Cupertino, CA 95014 SANTA CLARA COUNTY RECORDER 5/19/1997
Recorded at the request of 3: 16 PM
City
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(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
APN 357-14-012, 10496 BYRNE AVENUE
SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-14-012
10496 Byrne Avenue
Aram Askarinam, Khani Askarinam and Touran Askarinam, 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 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:
�As armamf
Khani Askarinam
ouran Askarinam.
(Acknowledgment and
Notarial Seal Attached)
STATE OF California
COUNTY OF Santa Clara
On March 17, 1997 before me, Cindy Jackson-Bonner
(Name, Title of Officer)
personally appeared Khani Askarinam and Touran Askarinam
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.
WITN my hand an fficial seal.
Cindy Jackson-Bonner
�� Comm #992£347
`'�-'�J`t .OTAR''PUBLIC CALIFORNIA
(Signature of No aryl Public) ��� f sANracLARAcouNTY
,9
Comm zxpires May 15.X997 �
A�
(This area for notarial seal)
STATE OF California
COUNTY OF Santa Clara
On March 21, 1997 before me, Cindy Jackson-Bonner, Notary Public
(Name, Title of Officer)
personally appeared Aram Askarinam
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.
WITNES y han and ial seal.
Cindy,iackson-Bonner
V` ^
(Signature of Nota y �Ublic) COMM ;:992347
(7 ,,o OTAr,Y�ucL,c CALIFORNIAQ"
�/° SANTA CLARA COUNTY (�
'OFO',I Comm.Expires May 19,1997
(This area for notarial seal)
EXHIBIT A
All of that certain property situate in the City of Cupertino, Santa Clara County, California
described as follows:
BEGINNING at the intersection of the Northerly boundary of McClellan Rd. and the Easterly
boundary of Byrne Avenue (formerly known as Buena Vista Ave.), said corner being the
Southwesterly corner of lot 180 as shown upon that certain Map entitled "Map of Subdivision
`A' Monta Vista", as recorded in Book P of Maps at page 20 Santa Clara County Records,
thence along said Easterly boundary of Byrne Ave. North 75.00 feet; thence East 100.15 feet
to a point on the Easterly line of Lot 177 as shown on the above mentioned map; thence South
75.00 feet to a point in the Northerly line of McClellan Road; thence along said Northerly line
of McClellan Road West 100.15 feet to the point of BEGINNING.
Containing 7,511 square feet more or less and consisting of a portion of lots 177, 178, 179 and
180 as shown on the above mentioned Map.
APN 357-14-012
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"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 March
21, 1997, from
ARAM, KHANI & TOURAN ASKARINAM
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on April
7, 1997, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: April 10, 1997
By:
Deputy City Clerk
City of Cupertino
W
RESOLUTION NO. 9816 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM ARAM ASKARINAM,
KHANI ASKARINAM, AND TOURAN ASKARINAM;
APN 357-14-012, 10496 BYRNE AVENUE
WHEREAS, Aram Askarinam, Khani Askarinam, and Touran Askarinam 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 the attached
Exhibits 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 7th day of April, 1997, by the following vote:
Vote Members Qf the C&1 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 357-14-012
10496 Byrne Avenue
Aram Askarinam, Khani Askarinam and Touran Askarinam, hereinafter referred to
as the "GRANTOR', thisILday 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 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.