D-244 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 21901 DOLORES AVE, APN 357-14-027 RES. 9766 DOCUMENT: 13606629 Titles: ] / Pages: 7
RECORD4NG REQUESTED BY
Fees. . . . * No Fees
City of Cupertino Taxes. . .
M0013606629A Cop i es. .
AMT PAID
WHEN RECORDED MAIL TO
BRENDA DAVIS RDE # 007
City of Cupertino SANTA CLARA COUNTY RECORDER 2/07/1997
10300 Torre Avenue Recorded at the request of 2:48 PM
Cupertino, CA 95014 City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
D PNCC
FEE PCO� ��p3
Nw11N GOV
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER
RIGHTS, APN 357-14-027, 21901 DOLORES AVENUE
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-14-027
21901 Dolores Avenue
E & H First Family Limited Partnership, a California limited partnership hereinafter
referred to as the "GRANTOR', thisiitday 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"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
e for beneficial use on said lands and to supply such water to such owner or owners or
of ers as a public utility; provided, however, that nothing contained in this instrument
sha 1 be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the
abov 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.
Title or Type of Document:
State of California SS, Number of Pages Date of Document
Signer(s)Other than named below
County of Santa Clara
On December 12, 1996 before me, Wai Ling Chu
Notary Public, personally appeared Emily Chen, General Partner
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.
WITNESS my hand and official seal.
COMM.#1076475
Signaturej (Seal) o NOTARY PUBLIC Cn
a - ® CALIFORNIA O
SANTA CLARA COUNTY
ATD-1 (Revised 1/93) EXPIRES DEC. 1, 1999
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:
E & H First Family Limited Partnership,
a California Limited Partnership
By:
(Acknowledgment and
Notarial Seal Attached)
EXHIBIT "A"
LEGAL DESCRIPTION
DOLORES AVE_ APN 357-14-027
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142, AS SAID PARCEL IS SHOWN ON THAT
CERTAIN MAP ENTITLED"MAP OF SUBDIVISION 'A'OF MONTA VISTA"WHICH MAP WAS FILED FOR
RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY
RECORDS; SAID POINTOF BEGINNING LYING ON THE NORTHERLY LINE OF DOLORES AVENUE;
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL 142,
NORTH 198.42 FEET TO THE SOUTHERLY LINE OF SECTION 136 AS SHOWN ON SAID "MAP OF
SUBDIVISION WOF MONTA VISTA"ABOVE DESCRIBED;
THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 136 S. 89° 47' 00" W. 100.15 FEET TO THE
EASTERLY LINE OF PARCEL 141 OF SAID "MAP OF SUBDIVISION `A'OF MONTA VISTA";
THENCE ALONG SAID EASTERLY LINE OF PARCEL 141, SOUTH 198.42 FEET TO A POINT ON SAID
NORTHERLY LINE OF DOLORES AVENUE;
THENCE ALONG SAID NORTHERLY LINE OF DOLORES AVENUE, N. 89' 47' 00" E. 100.15 FEET TO
THE POINTOF BEGINNING.
CONTAINING: 19,871.8 SQUARE FEET, MORE OR LESS. QOFEssro�,,q
0.456 ACRES, MORE OR LESS.
A.P.N. : 357-14-027 C °G � s
rj9rFOF CAUF�P\
_ N89'46'40"E _841.75' (841.20')3 n _
ALCAZAR AVENUE
STD. CO. MON. W/ FND. IRON BAR IN
BRASS DISK, NO NUM. STD, CO. MON. BOX,
I I I
A.P.N. 357-14-033 NO TAG, NO NUM.
D. RECKTENWALD ET UX I A.P.N. 357-14-034 I A.P.N. 357-14-035
ALICE T. TRUSTEEI FLING, JIMMY TSE-MIN I ARMIJO, ELICEO S. ET UX
BK. H 455 P. 393 BK. L 116 P. 1996 BK. G 502 P. 308
N89'47'00"E 100.15'
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0
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N A.P.N. 357-14-027 N W
Co1 E & H THIRD FAMILY00
6'I LIMITED PARTNERSHIP
w
19,872 sq.ft. `J
N 0.46 acres
N
A.P.N. 357-14-028 A.P.N. 357-14-026
CD RALPH MUNOZ H. & CROSSWHITE, CARL P.
-n ALICE T. TRUSTEE LLJ
AND ESTHER L.
o BK. L 980 P. 118BK.BK. 1 43 P. 20
0 0 to
CD p0
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m N89'47'00"E _100.15' o
O N N
O O
n 220.36' - o _N89'47'00"E _ 100.15' o DOLORES AVENUE
�� (841.65')1 (841.44')4 �/ /
FND. 3/4" IRON PIPE FND. 3/4" IRON PIPE
W/TACK IN STD. CO. �pFEssro� W/TACK IN STD. CO.
MON. BOX. NO TAG, CoQ �HN F�� MON. BOX. NO TAG,
NO NUMBER �Q ��� e�o2 NO NUMBER
PREPARED UNDER SUP I PLAT TO ACCOMPANY LEGAL DESCRIPTION
KENhTH NELSON OF'C \� APN 357-14-027
21901 DOLORES AVENUE
R.C.E. N. 22023 - EXP 9-30-97 CUPERTINO CALIFORNIA
"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 December 12, 1996, from
E& H FIRST FAMILY LIMITED PARTNERSHIP
to City of Cupertino, a governmental agency, is hereby accepted by order of the City
Council on January 6, 1997, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: January 9, 1997
Deputy City Clerk
City of Cupertino
RESOLUTION NO. 9766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM E& H FIRST FAMILY LIMITED
PARTNERSHIP, APN 357-14-027, 21901 DOLORES AVENUE
WHEREAS, E & H First Family 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 the attached Exhibit "A" and
Exhibit`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
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 6th day of January, 1997, by the following vote:
Vote Members Q lk 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 357-14-027
21901 Dolores Avenue
E & H First Family Limited Partnership, a California limited partnership hereinafter
referred to as the "GRANTOR', this ai�tday of _199-Z, 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.