D-305 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 22445 BYRNE AVE, APN 326-15-127 RES. 99-025 DOCUMENT: 14673915 Titles: 1 / Pages: 8
Fees. . . . No Fees
RECORDING REQUESTED BY Taxes. . .
■0014673915■ Cop i es. .
City of Cupertino AMT PAID
WHEN RECORDED,MAIL TO: BRENDA DAVIS RDE # 102
SANTA CLARA COUNTY RECORDER 2/25/1999
City Clerk's Office Recorded at the request of 9:49 AM
City of Cupertino City
10300 Torre Avenue
Cupertino, CA 95014-3255 5
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-15-127
22445 BYRNE AVENUE
Original
O For Fast Endorsement
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-15-127
22445 Byrne Avenue
Sunny View Lutheran Home, a California Nonprofit Public Benefit Corporation,
hereinafter referred to as the "GRANTOR', this 3 day of Vd-c-- 199 �;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.
*Resolution No. 99-025 attached.
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:
Sunny View Lutheran Home
A California Nonprofit Public Benefit
Corporation
By: Ro ielsk
Title• •�-� c G
(Acknowledgment and Notarial Seal Attached)
NORTE L. GAERLAN
Comm, #1146891
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Santa Clara County a,y
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ALL-PURPOSE ACKNOWLEDGMENT
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' On _Glwl�_&_ �4 (q4y before me, l R Lh/y '
(DATE) (NOTARY)
' personally appeared
SIGNER(S)
epersonally known to me - OR- ❑ proved to me on the basis of satisfactory e
evidence to be the person(s) whose name(s)
eis/are subscribed to the within instrument and e
• acknowledged to me that he/she/they executed •
ethe same in his/her/their authorized '
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capacity(ies), and that by his/her/their •
�°asp NORBiE L. GAERLAN e
signature(s) on the instrument the person(s),
Comm.#1146891
• V; f tTl' fy J0?Ceram. Expires July 14 ,2041 person(s)FRY PUBLIC CALIFORNIA or the entity upon behalf of which the •
e � ,N Sema Clara County "L erson acted, executed the instrument. '
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eWITNESS my hand and official seal. e
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iNOTARY'S SIGNATURE I
OPTIONAL INFORMATION •
eThe information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. •
CAPACTPY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT e
!• ❑ INDIVIDUAL e
❑ CORPORATE OFFICER
eTITLE(S) TITLE OR TYPE OF DOCUMENT '
e ❑ PARTNER(S) •
• ❑ ATTORNEY-IN-FACT !
e ❑ TRUSTEE(S) NUMBER OF PAGES '
• ❑ GUARDIAN/CONSERVATOR •
' ❑ OTHER: e
eDATE OF DOCUMENT
eSIGNER IS REPRESENTING: e
NAME OF PERSON(S)OR ENTITY(IES) e
• OTHER �
LO-NEW-0-NOW-0 0.110W-0
APA 1/94 VALLEY-SIERRA,500-362-3369
File No. 98104
EXHIBITA
LEGAL DESCRIPTION
TO QUITCLAIM WATER RIGHTS
Being all of Parcels A and B as shown on that certain Parcel Map, recorded in Book 414
of Maps, at Page 22, Santa Clara County Records, all of that described parcel recorded
in Book 3108, Page 303, Official Records of Santa Clara County, and a portion of that
parcel described in Book 2750; Page 610, Official Records of Santa Clara County, situate
in the City of Cupertino, County of Santa Clara, State of California, being more
particularly described as follows:
BEGINNING at the Northwesterly corner of said Parcel A; thence along the Northerly
lines of said Parcel A and Parcel B, North 86° 10' 31" East, 820.13 feet to the Easterly line
of said parcel described in Book 2750, Page 610, Official Records of Santa Clara County;
thence along said Easterly line,South 04°40' 00" East, 462.57 feet; thence across said
parcel North 89° 53' 50" West, 72.93 feet and South 04° 40' 00" East, 139.93 feet to the
Northerly line of Cupertino Road; thence along said Northerly line, North 89° 53' 00"
West, 696.50 feet; thence along a tangent curve to the right, having radius of 20.00 feet,
through a central angle of 85° 13' 15" an arc length of 29.75 feet to the Easterly line of
North Foothill Boulevard; thence along said Easterly line and the Westerly line of said
parcel described in Book 3108, Page 303, Official Records of Santa Clara County and the
Westerly line of said Parcel A, North 09° 39' 44" West, 76.39 feet, North 89° 53' 39"
West, 35.12 feet, and North 04° 39' 44" West, 451.12 feet to the POINT OF BEGINNING.
Containing 10.499 acres, more or less.
Prepared on November 23, 1998 by
MARK THOMAS & CO. INC.
Zul o Lr ' RC �1' 392
:,
Expiration 3/3 001
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P,la,11-21
CITY OF CUPERTINO COUNTY SANTA CLARA
,h CALIFORNIA P.O.B.
N. FOOTHILLBOULEVARD
_ N04'39'44"W 451.12'
0=-85'13'15" N89'53'38"W — — _-- — _ 35.00'
L=29.75' 35.12'
R=20.00' N09'39'44"
76.39' 453.48'
PARCEL A
BK. 414, PG. 22
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MARK THOMAS & CO. INC. DMGNMBY DAz x''99" �"�T
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CONSULTING CIVIL ENGINEERS & MUNICIPAL PLANNERS := N0. /OF
DATe =/18, �®„ r•i /
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7SURVEY\MARK\98104/PLAT—MAP.DWG
RESOLUTION NO. 99-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM SUNNYVIEW LUTHERAN HOME,
A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION,
22445 BYRNE AVENUE, APN 326-15-127
WHEREAS, Sunnyview Lutheran Home, a California Nonprofit Public Benefit
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 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 19t" day of January, 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 dated
December 3, 1998, from
Sunny View Lutheran Home,
A California Nonprofit Public Benefit Corporation
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
January 19, 1999, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: January 21, 1999
By:
Administrative Clerk
City of Cupertino