D-319 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 10151 AMELIA CT, APN 326-17-022 RES. 99-316 ' DOCUMENT: 15050488 Titles: 1 / Pages: 8
Fees. . . .- No Fees
RECORDING REQUESTED BY Taxes. . .
aaisasaass
Copies. .
City of Cupertino AMT PAID
WHEN RECORDED MAIL TO BRENDA DAVIS RDE # 021
SANTA CLARA COUNTY RECORDER 11/08/1999
City Clerk's Office Recorded at the request of 8:43 AM
City of Cupertino I 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
KENNETH A. CLARK
10151 AMELIA COURT
APN 326-17-022
RESOLUTION NO. 99-316
o Original
D For Fast Endorsement
"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 October 7,
1999, from:
KENNETH A. CLARK
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
November 1, 1999, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: November 4, 1999
By: 21e,4�, --./
Administrative Clerk, City Clerk's Office
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-17-022
10151 Amelia Court
Kenneth A. Clark, hereinafter referred to as the "GRANTOR',this 2.1, ofOc�999
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.
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,-
Kenneth
WNERS:Kenneth A. Clark
(Acknowledgment and Notarial Seal Attached)
EXHIBIT A
LEGAL DESCRIPTION
APN 326-17-022
Beginning at a point on the Southwesterly line of that certain 10.06 acre tract of land described
in the Deed from Amass Eaton Company, a corporation, to John A. Chuk, dated August 3,
1940 and recorded August 17, 1940 in Book 993 of Official Records, page 591, Santa Clara
County Records, distant thereon South 41 Degrees 27 Minutes East a distance of 103.91 feet
from the Southwest corner thereof;
thence from said Point of Beginning and leaving the Southwesterly line of said 10.06 acre
tract, South 83 Degrees 17 Minutes 00 Seconds East a distance of 171.63 feet to a point where
the Westerly line of that certain 0,202 acre tract described in the Deed from L. W. Northon, et
ux, to W. L. Stapp, et al, dated September 12, 1945 and recorded September 13, 1945 in Book
1287 of Official Records, page 387, Santa Clara County Records, if prolongated, Southerly
would intersect the same; thence along the Southerly prolongation of said 0.202 acre tract,
South 01 Degree 08 Minutes 00 Seconds East a distance of 176.61 feet to the Southwesterly
line of said 10.06 acre tract; thence along the Southwesterly line of said 10.06 acre tract,
North 41 Degrees 27 Minutes 00 Seconds East a distance of 262.59 feet to the Point of
Beginning of this description.
Excepting therefrom an Ingress and Egress Easement as recorded on July 24, 1945 in Book
1266, page 516, Official Records of Santa Clara County, California.
Also excepting therefrom a roadway dedication for Crescent Road.
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WESTFALL ENGINEERS INC.
CONSULTING ENGINEERS
40 � 14583 Big BosinWay, Saratoga, Co. 95 070
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California Acknowledgment
State of California
County of Santa Clara
On oc f-a 6j— 1999,before me, 13eyoo y4z 4
personally appeared r(�Q.v,n P 74-A ,/�. if&t:lc
personally known to me'-011- ❑proved to 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.
WITNESS my hand and official seal.
BEVERLY 1.FLUS
CMWAdon•1 106M
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Description of Attached Document
Title or Type of Document: (&,r ('�ai eyr JZ 6e4-," a_nG-' e!�Gt7%j2r.'Z:Qf�on 11;01-
C 'gr61crd
Document Dater Number of Pages:
Capacity(ies)Claimed by Signer(s)
Signer's Name: �PHyI�7`Li A C/a;4
,1�Individual
❑ Corporate Officer
Title(s):
❑ Partner--❑ Limited❑ General
❑Attorney-in-Fact
❑Trustee
❑Guardian or Conservator
❑ Other:
Signer is Representing:
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H:\HOME\BLE\NOTARY\ACKFORN12.WPD
RESOLUTION NO. 99-316
A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KENNETH A. CLARK,
10151 AMELIA COURT, APN 326-17-022
WHEREAS, Kenneth A. Clark has executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming all his 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 1
Cupertino this 1St day of November, 1999,by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang,Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/Wally Dean
City Clerk . Mayor, City of Cupertino