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D-300 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10485 BYRNE AVE, APN 357-12-040 RES. 99-055 DOCUMENT: 14673911 Titles: 1 / Pages: 8 RECORDING REQUESTED BY Fees. . . . No Fees Taxes. . . City of Cupertinox011 0111 1111 11111111 i4673911■ 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 9:44 AM City of Cupertino City 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS RICHARD JOSEPH PEREZ AND GRACE PEREZ 10485 BYRNE AVENUE APN 357-12-040 Original 13 For Fast Endorsement 1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-12-040 10485 Byrne Avenue Richard Joseph Perez and Grace Perez, hereinafter referred to as the "GRANTOR', this day of 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. I 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: Richard Josep Perez rE u �� t rte G ce Perez (Acknowledgment and Notarial Seal Attached) Resolution No. 99-055 attached. NOW Legal Description "Exhibit A" The land referred to in this Report Is Own in the County of Santa Clara, State of California, sad is dcacribed as foilvws- Situated is the City of. Cupettiao Beginning at a point in the tenter line of Byrne Avenue formerly Bueru Visa Avenue (40 feet wide) that is distotni thertos South 200 fat from the tattaaoction of said center line with the Flat prolongation of the South Iine of Tract No. 139 Steveas Creek,Subdivision Map No. 1 according to the Map thereof of record in Book 4 of Maps, Pege 43, Santa Clara County Records, tbewe along the center line of Byrne Avenue South 50 feet; dw= West and parallel with the South firm of still 'tract No. 134 and ft,Past proloragttion of said line 130 feet; tbence North and parallel with the center line of Byrne Avemw 50 feet; thence FAst 150 feat to ft point of beginning, beiM a part of Smthwest one quasser of Section 14, Township 7 South Range 2 West, M.D. B. 4;: M. Aascasor's Parcel Number: 357-12-040 i CLIA Pmllminary Report Penn rxHieIr �8 /O V7i4EET lSDICAT/ON /0¢6.S BYRn/E AVENUE C61PER r/ivO �! /"IV. 357 - /2 - D¢O NOR 711 SO' 0 0 O 0 � � O C � \ Q� h 4i V u' TRA CT /3 9 20 ' N B2• SS' _ SO _ 200 /VOW 7Th 9 YR NE A VE. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SANTA CI ARA On 2 0 IANUARY i a g q before me, - Date Name and Title of ricer(e.g.,'Jane ,Notary u i personally appeared RICHARD JOSEPH PER -- -- Name(s)of Signer(s) ❑ personally known to me 'proved to me on the basis of satisfactory evI ence to be the person(s) whose name(s) ,9/are subscribed to the within instrument and acknowledged to me that hsiekeAhey executed the same in r/their authorized capacity(ies), and that by lamer/their ZIGCi4 DUDZIUK signature(s) on the instrument the person(s), or i Comm.#I the the entity upon behalf of which the person(s) ' SANTaCuwncowrtr acted, execute d the in ment. t orrm.Exp.May If,gm � WITNESS my h n d offici 1 I. Place Notary Seal Above ` natur f � T AL Though the information below is not required by law, it may prove h ble to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. I Description of Attached Document I Title or Type of Document:-S)t i T T(--i A T M n F F n A N n Ai I T H.n R T Z A T T 0-hl FOR UNDERGROUND WATER RIGHTS . Document Date: Number of Pages: I� Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Si ner's Name: Individual i Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General I ❑ Attorney in Fact I' ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I� I 01997 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800.676-6827 RESOLUTION NO. 99-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM RICHARD JOSEPH PEREZ AND GRACE PEREZ, 10485 BYRNE AVENUE, APN 357-12-040 WHEREAS, Richard Joseph Perez and Grace Perez 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 16"'day of February, 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 January 20, 1999, from: RICHARD JOSEPH PEREZ AND GRACE PEREZ to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on February 16, 1999, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 18, 1999 By Administrative Clerk City Clerk's Office City of Cupertino