D-234 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10411 BYRNE AVE, APN 357-12-033 RES. 9678 RECORDING REQUESTED BY
DOCUMENT: 13406232 Titles: ] / Pages: 5
City of Cupertino
Fees. . . . * No Fees
WHEN RECORDED MAIL TO Taxes. . .
Copies. .
A0013406232A AMT PAID
City of Cupertino
10300 Torre Avenue BRENDA DAVIS RDE # 009
Cupertino, CA 95014 SANTA CLARA COUNTY RECORDER 8/13/1996
Recorded at the request of 4:30 PM
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(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER
RIGHTS, APN 357-12-033, 10411 BYRNE AVENUE
SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-033
10411 Byrne Avenue
Big Guy, Inc., a California Corporation, hereinafter referred to as the "GRANTOR",
this 30th day of July , 19.2.4 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 8, 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 27th day May, 1940 in Book 4 of Maps at Page 43, 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.
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This assignment, conveyance and authorization is made for the benefit of Lot 8,
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:
Big Guy, Inc., a California Corporation
By: aiiiMel
(Acknowledgement and
Notarial Seal Attached)
Page 2 of 2
File No.: 52,033
x
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 30, 1996, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Brian
Kelly, 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 he executed the same in
his authorized capacity and that by his signature on
the instrument the person, or the entity upon
ROBERTA ANN WOLFE behalf of which the person acted, executed the
. �" Comm. No. 996834 instrument.
w�e NOTARY PUBLIC•CALIFORNIA
SANTA CLARA COUNTY
c� My Commission Expires June 11,1997 WITNESS my hand and official seal.
6�2 6X2 6?J 6T2 6X 2 6X2 6X2 6X2 6X 2 6?:2 6X2 6X2 E�6X2 6
r
Signature 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
PCORPORATE OFFICER
Owner Quitclaim Deed and Authorization
TITLE
TITLE OR TYPE OF DOCUMENT
❑PARTNERS ❑LIMITED
❑GENERAL
ATTORNEY-IN-FACT
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR 2
❑OTHER NUMBER OF PAGES
July 30, 1996
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON OR ENTITY:
Big Guy, Inc. None
SIGNER(S) OTHER THAN NAMED ABOVE
"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 30,
1996, from
BIG GUY, INC., A CALIFORNIA CORPORATION
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
August 5, 1996, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: August 7, 1996
By: . lex.
Deputy City Cler
City of Cupertino
9
RESOLUTION NO. 9678
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDER-
GROUND WATER RIGHTS FROM BIG GUY, INC., A CALIFORNIA
CORPORATION, APN 357-12-33, 10411 BYRNE AVENUE _
WHEREAS, Big Guy, 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 I
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 the County Recorder of the County of Santa
Clara on the 27th day of May, 1940, in Book 4 of Maps at Page 43, Lot 8.
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 5th day of August, 1996, by the following vote:
Vote Members Qf the_ it Council
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Don Burnett
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS -
APN 357-12-033
10411 Byrne Avenue
Big Guy, Inc., a California Corporation, hereinafter referred to as the "GRANTOR",
this 30th day of July , 1990 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 8, 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 27th day May, 1940 in Book 4 of Maps at Page 43, 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.
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