Loading...
D-245 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10036 PENINSULA BLVD, APN 326-25-017 RES. 9782 RECORDING REQUESTED BY City of Cupertino DOCUMENT: 13609468 Titles 1 / Pages: 8 Fees . . . No Fees WHEN RECORDED MAIL TO Taxes. . . Copies. . �— City of Cupertino *0013609468# AMT PA 1 D 10300 Torre Avenue Cupertino, CA 95014 BRENDA DAVIS RDE # 002 SANTA CLARA COUNTY RECORDER 2/11/1997 Recorded at the request of 230 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NGGD �81os 140 � v Coo V J�TN QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 326-25-017, 10036 PENINSULA BOULEVARD SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-25-017 10036 Peninsula Blvd. Lily Chang, Inc. a California Corporation and W.B.F. Enterprises, Limited Partnership, a California limited partnership hereinafter referred to as the "GRANTOR', this �'' day o 199 7, 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: Lily Chang, Inc., a Califronia Corporation Y: i W.B.F. Limited Partnership, a California Limited Partnership fi y: v (Acknowledgment and Notarial Seal Attached) r APN 326-25-017 E X H I B I T A QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS - PARCEL 2 All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 12 and a portion of Lot 11, Block 3, as shown upon that certain Map enti- tled "MAP OF MONTA VISTA FIRST ADDITION" , which Map was filed for record on April 11, 1917 in Book P of Maps at Page 23; AND a portion of Peninsula Avenue (formerly Boulevard) , more particularly des- cribed as follows: Beginning at a point on the northeasterly line of said Penin- sula Avenue distant S30°42 ' 30"W 20.11 feet from the southerly corner common to Lots 12 and 13, Block 3 of said Map; thence along the dividing line between said lots 11 and 12 and the southwesterly prolongation thereof, N30°42 ' 30"E 120.11 feet to the most easterly corner of said Lot 12, Block 3; thence along a non-tangent curve to the right having a radius of 487 feet along the northeasterly line of Lots 11 and 12 (a radial line of said curve through said point bearing N31°13 ' 20"E) through a central angle of 4°12 ' 10" an arc length of 35.72 feet (a radial line of said curve through said point bearing N35 25 30 E) ; thence leaving said curve non-tangentially and parallel with the aforesaid dividing line between Lots 12 and 13, Block 3, S30°42 ' 30"W 106.30 feet to a point on the northeasterly line of Peninsula Avenue; thence along a non-tangent curve to the right having a radius of 248 feet (a radial line of said curve through said point bearing S49°37 ' 01"W) through a central angle of 8°59' 26" an arc length of 38.92 feet to the point of beginning (a radial line of said curve through said point bearing S58°36 ' 27"W) . Containing 4011 square feet, more or less. Date: December 10, 1996 � f.•'3 '•S'. � Cw1 t'97 Na.C13313 Exp: 3-31- OFC -31-OFC M Ljj 00 rn z z � R_4S7 ..A= 3*44'19„ 1 A:. i4 1 q;- � N L= 3 x.'181 L= l 3 �7 0 , '�i/� 9� LoE 9 LUt l0 Lot it Lot 12 p _, ►u "' No.C13313 w ?1 -�-� PAR C EL. i FAR C E L 2 0- Exp: 3- 1-q7 3963 401 1 5Q. �T 1 \ T4jF QP CA``t�. O O N 0 I 3 � W N C SL d I O c J dCA v ° 41 tri c > ;1� W --' E h v o lu "4J 587 a U U J cA W R=z�4e8 4 c9`,s9, , W NpEN S I ° � m R�62p Z 215,4_ /7e 30 ,3 7#1 4 , 6s7� w lu �� TO E X H F3 I T B w Z-v PLAT OF U I `T� CLAI M DE-ED Q° � `,. JW -9 �� POR U WDE R Ca R>0!UJ l D WATER R 1,6141 TS ti LILY CLANC, NC. � W.R.1✓ ENTERPRISES,LLC �.� s 'CIO TO ; CITY OF CUPERTINO, cA . -S`' CA LF-: I" = 20 ' DECEMBER 199CP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 13, 1997, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Lily Chang, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person, or the entity upon ROBERTA ANN WO4FE behalf of which the u Comm. No. 996834 D person acted, executed the V 'x- NOTARY PUBLIC•CALIFORNIA n instrument. d SANTA CLARA COUNTY 2. mycommissionExpires June 11,1997 WIT SS my hand and official seal. PM��W�M�s����MGM Ignature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL PICORPORATE OFFICER s t J2-r f Quitclaim Deed and Authorization for Underground Water Rights TITLE TITLE OR TYPE OF DOCUMENT CIPARTNERS ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR 4 ❑OTHER NUMBER OF PAGES January 13. 1997 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON OR ENTITY: Lily Chang, Inc. WBF Limited Partnerhsip SIGNER(S) OTHER THAN NAMED ABOVE .1-4.Sib v r.4.—L+rAtl6L.A's• Na.]WII State of County of OnI 1 t-I'�I� before me, puuu DATE NAME•hTLE OF OFFICER E.O.,W E DOE,NOTARY PUBLIC personally appeared u- • NAME(S)OF SIGNERIS) ❑ personally known to me - OR - roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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. T. HUNT Comm.#1114972 t� "�► NOTARY PUBLIC-CALIFORNIA Y► WITNESS my ha d and official se Santa Clara County My Comm.Expires Oct.30,200 SIGNATURE OF NOTAr1Y .OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tnum TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ umrrED 13 GENERAL ATTORNEY-IN-FACT 4 ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDWWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: �� lr T SIGNER( OTHER TH NAMED ABOVE 01993 NATIONAL NOTAnY ASSOCIATION•023611ommel Ave.,P.O.Box 7164•Canoga Perk,CA 91709.7104 "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 January 13, 1997, from LILY CHANG AND W. B. F. ENTERPRISES, LIMITED PARTNERSHIP to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on February 3, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 6, 1997 By: d4-� Deputy City Clerk City of Cupertino RESOLUTION NO. 9782 FAE COPY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM LILY CHANG. INC. AND W.B.F. ENTERPRISES, LIMITED PARTNERSHIP, APN 326-25-017, 10036 PENINSULA BOULEVARD WHEREAS, Lily Chang, Inc. and W.B.F. Enterprises, Limited Partnership 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 on the attached Exhibits "A" and "B", 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 3rd day of February, 1997, by the following vote: Vote Members of the Citv 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 326-25-017 10036 Peninsula Blvd. Lily Chang, Inc. a California Corporation and W.B.F. Enterprises, Limited Partnership, a California limited partnership hereinafter referred to as the "GRANTOR', this day of 1997, 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.