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D-221 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10641 MADERA DR, APN 326-35-058 RECORDING REQUESTED BY x 1 7 8 PAGE 2 2 0 8 q C (ICED-FOKIFECOR CITY OF CUPERTINO AT, R�QUEST OF WHEN RECORDED MAIL TO: VITY OF CUPERTINO City of Cupertino JAN Z6 '{ 01 AN '96 10300 Torre Avenue J Cupertino, CA 95014 OFFICIAL RECORDS SANTA CLARA COUNM ' BRENDA DA`IIS RECORL-R 13174633 ( SPACE ABOVE THIS LINE FOR RECORDER'S USE ) D ANGE r,cCOR 61o3 Na Fs S l0*4 c,005,Vol QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 326-35-058 DOCUMENT TITLE 10641 MADERA DRIVE �i SEPARATE PAGE, PURSUANT TO GOVT.CODE 27361.6 09,3140 PI78PAGE2209 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-35-058 10641 Madera Drive John M. Gatto and Patricia Marie Dowd, hereinafter referred to as the "GRANTOR', this day of 0" 199-5hereby 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"N' &`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. p 17SPAGE22 10 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: John Gatto Patricia Marie Dowd (Acknowledgment and Notarial Seal Attached) PI78PAGE22II State of California County of Santa Clara On November 8, 1995 before me, Seana M. Frey DATE NAME,TITLE OF OFFICM-E.G.,"JAMB DOB,NOTARY PUBLIC personally appeared Patricia Marie Dowd NAMES(S)OF SIGNER(S) ( )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. 7WI7my hand and official al. SEANA M. FREY ,°"K COMM. #975854 rn ® NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY SIGNATURE, of MarwxY QF My Comm.Expires Oct.21,1996 DESCRIPTION OF ATTACHED DOCUMENT Quitclaim Deed DESCRIPTION OF DOCUMENT(01MONAL) State of California County of Santa Clara On November 9, 1995 before me, Constance B. Seymour DATE NAME,TI IE OF OFFICER-E.G.,"JANE DOB,NOTARY PUBLIC personally appeared Join M. Gatto NAMBS(S)OF SIGNER(S) personally known to me—OR—( )proved to me on the basis of satisfactory evidence to be the, person(s)whose Ang(s) _&Iare subscribed to the within instrument and acknowledged to me thatbe/she/they executed the same in his/her/their authorized pacity(ies),and that by his/her/their i ature(s) on the instrument the -pe Is (s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 9M1VCONSIAHM&KWACYR COW.#)= Notary PIbie—Comm" SIGNATURE OF NOTSANTACUMACOtM Comm.Eg res APR 10.1"V DESCRIMON OF ATTACHED DOCUMENT Quitclaim Deed DESCRIMON OF DOCUMENT(ornONAL) mit 1 9:�N�►';`N . . 'i:-� t�l,C�� 4 lillM<'� 'w t, r �� �� f. p . ,.�+re. ? 1 78PAGE 22 12 The land referred to in this policy is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: .a BEGINNING at an iron pipe set at the intersection of the center line of Peninsular Avenue and Caroline Drive, as said Avenue and drive are shown on that certain Map of Tract #801, Homestead Villa, which Map was filed in Book 33 at pages 16 and 17, Official Records of Santa Clara County, California; thence from said point of beginning and running along the centerline of Peninsular Avenue, North 460 10' 43" West, 125.00 feet; thence leaving said center line and running South 430 49' 17" West, 110.00 feet to the most Southerly line of the lands of the Southern Pacific Company, thence along said Southerly line South 460 10' 43" East, 66.48 feet to an iron pipe set at the true point of beginning of this description; thence from said true point of beginning and continuing along the said Southerly line of the Southern Pacific Company, South 460 10' 43" East, 363.52 feet to an iron pipe; thence South 430 49' 17" West, 250.00 feet to an iron pipe; thence North 270 44' 37" West, 110.68 feet to an iron pipe; thence North 60 25' 45" West, 336.24 feet to an iron pipe at the true point of beginning, being a portion of the Northeast 1/4 of the Southeast 1/4 of Section 10, Township 7 South, Range 2 West, M.D.B. 7 M. , and being shown upon that certain Map entitled, "Record of Survey of a portion of the N.E. 1/4 - S.E. 1/4 Sec. 10, T. 7 S. , R. 2 W. , M.D.B. & M. , Santa Clara County, California for William Cummings" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on July 7, 1955 in Book 60 of Maps, at page 26. EXCEPTING THEREFROM that portion conveyed to the State of California by Deed recorded January 23, 1963 in Book 5876 of Official Records, page 230, and being described as follows: Commencing on the Southwesterly line of Madera Drive at the most Northerly corner of the parcel of land conveyed to Beverly Garner by Gift Deed recorded May 6, 1959 in Book 4406 at page 412, Official Record of Santa Clara County; thence along said Southwesterly line S. 450 07' 03" E. , 296.19 feet to the Southeasterly line of said Parcel; thence along last said line S. 440 52' 57" W. , 45.69 feet; thence from a tangent that bears S. 790 14' 15" W. , along a curve to the right with a radius of 40.00 feet, through an angle of 1260 35' 1811, an arc length of 88.38 feet; thence N. 250 49' 33" E. , 36.60 feet; thence from a tangent that bears N. 640 10' 27" W. , along a curve to the left with a radius of 1370.00 feet, through an angle of 20 39' 18" an arc length of 63.48 feet; thence No. 660 49' 45" W. , 91.29 feet to the Westerly line of said parcel; thence along last said line N. 50 22' 05" W. , 89.86 feet to the point of commencement. ALSO EXCEPTING THEREFROM that portion lying within Madera Drive as shown upon and dedicated by that certain Map of Tract No. 1960, which Map was filed for record on March 19, 1958 in Book 91 of Maps, pages 50 and 51, Santa Clara County. CV) N -e000� 4.r CL- S. E. 877 . 43 (02 ) 62 r= co MADERA 1pQ �°)19. 106Z1 /OSD / 10551 O"* Q*2 FQ N X PI 78PACE22 14 "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 November 8, 1995, from JOHN M. GATTO AND PATRICIA MARIE DOWD to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on January 2, 1996, and the grantee consents to recordation thereof by its duly authorized officer. Dated: January 9, 1996 By: — Deputy City Clerk City of Cupertino