Loading...
D-307 QUITCLAIM FOR UNDERGROUND WATER RIGHTS. 22820 SAN JUAN RD, APN 342-21-026 RES. 99-225 DOCUMENT: 14929316 Titles 1 / Pages 9 RECORDING REQUESTED BY Fees. . . + No Fees Taxes. . . A6614929316a Cop i es. . City of Cupertino AMT PA I D WHEN RECORDED MAIL TO BRENDA DAVIS RDE # 102/015 SANTA CLARA COUNTY RECORDER 8/05/1999 City Clerk's Office Recorded at the request of 2:31 PM City of Cupertino City 10300 Torre Avenue Cupertino, CA 95014-3255 l� (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS THOMAS J. HUTTON AND PAULA L. HUTTON 22820 SAN JUAN ROAD APN 342-21-026 RESOLUTION NO. 99-225 )!( Original 0 For Fast Endorsement QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-21-025 22820 San Juan Road Thomas J. Hutton and Paula L. Hutton, hereinafter referred to as the "GRANTOR', this/ day of 199 1 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. 1 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. OWNERS: Thomas J. Hutt L l Paula L. Hutton (Acknowledgment and Notarial Seal Attached) EXHIBIT A (Dedication of Underground Water Rights) All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: All of Sections 296 and 297 and portion of Sections 298 and 305, as shown upon that certain Map entitled, "Map of Inspiration Heights Monta Vista", which Map was filed for Record in tha` Office of the Recorder of the County of Santa Clara, State of California, on April .11, 1917 in Book P of Maps, Page 14, said Portion of Sections 298 and 305 being more particularly described as follows: Beginning at the point of intersection of the Northern Line of Section 298 with the Southeastern line of San Jacinto Road, as said Section and Road are shown upon the Map above referred to; and running thence South *85 deg. 15' East 265.1 feet to the Westerly line of Elena Road, as shown on said Map; thence along the last named line South 13 deg. 09' West, 5.1 feet; thence leaving the last named line South 55 deg. 54' West 190.9 feet; thence North 84 deg. 55' West 179 .4 feet to the said line of the said San Jacinto Road; thence along the last named line North 32 deg. 01' East 139 .2 feet to the Point of Beginning. PARCEL TWO: Beginning at the intersection of the Southeasterly line of the 2.684+/- parcel shown on the Record of Survey Map for Louis J. Paviso filed in Book 220 of Maps at Page 50, Santa Clara County Records with the Westerly side line of San Juan Road (formerly Elena Road) as shown on the above said Map; thence along above said Southeasterly line South 56 deg. 05' West 190 feet; then, leaving above said line, North 33 deg. 55' West 21.14 feet and North 55.de954' East 190.55 feet to above said Westerly sideline of San Juan Road; thence along said Road sideline South 32 deg. 29' East 21 .76 feet to the Point of Beginning. PLAT TO ACCOMPANY EXHIBIT A FOR THE DEDICATION a WATER RIGHTS N`32p7, SCALE: 1" = 60' °p.. 7' JA C//V0 ROA °p' F N11.48. 00 N16.1 E p0 p ^ 8j 0O, z N85'18'O9"W 23.61' z c (30 ���a W Vj' O N33.55'OO"W o 20.86' rTi s ,IQ °s. QROFESS�Q op °o: S32'29'OO"E O OQO S E. 9< 21.76' p S13.O9'OO"W No. `„'z, 5.44' �� J IT ` N85'18'09"W J �ry� C1YIl �� 20.22' CF CAt1F0`�`� S1,3.0 19,00"w 130.9' W , 132.50 510'41 87.00, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 13, 1999, before, me, Yvonne L. Kelley,Notary Public, personally appeared Paula L. Hutton, 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 they executed the same in his/her/their authorized capacity(s) 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. L.KELLE— rv--- Y NOTARY PUBLIC-CAUFOgIV� " COMMISSION i 110107T Si ature of Notary r Now.S.2M OPTIONAL Though the data below is not required by law, it may prove valuable to person(s) relying on the document and could prevent fraudulent re-attachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Quitclaim Deed and authorization for underground water TITLE OR TYPE OF DOCUMENT PARTNERS LIMITED GENERAL ATTORNEY IN FACT TRUSTEE(S) j GUARDIAN/CONSERVATOR OTHER NUMBER OF PAGES July 13, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Paula L. Hutton CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 13, 1999, before, me, Yvonne L. Kelley,Notary Public, personally appeared Thomas J. Hutton, proved to me on the basis of satisfactory evidence, to be thee� rson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in his/her/their authorized cap�(s) and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the ep rson(s) acted, executed the instrument. WITNESS my hand and official seal. YVONNE L.KELLEY V NOTARY PUBLIC-CALIFORNIA • COMMISSION#1161077 SANTA CLARA COUNTY Sig ature of Notary My Comm.Exp.Nov.8,2001 OPTIONAL Though the data below is not required by law, it may prove valuable to person(s) relying on the document and could prevent fraudulent re-attachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Quitclaim Deed and authorization for underground water TITLE OR TYPE OF DOCUMENT PARTNERS LIMITED GENERAL ATTORNEY IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER NUMBER OF PAGES July 13, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Thomas J. Hutton RESOLUTION NO. 99-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM THOMAS J. HUTTON AND PAULA L. HUTTON, 22820 SAN JUAN ROAD, APN 342-21-025 WHEREAS, Thomas J. Hutton and Paula L. Hutton, 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 19"' day of July, 1999,by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Statton, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Wally Dean City Clerk Mayor, City of Cupertino "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 deed, dated July 13, 1999, from: THOMAS J. HUTTON AND PAULA L. HUTTON to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on July 19, 1999, and the grantee consents to recordation thereof by its duly authorized officer. Dated: July 26, 1999 ­N� By: � Administrative Clerk City Clerk's Office City of Cupertino