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D-317 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 22555 CRISTO REY DR, APN 342-63-002, 005 RES. 99-276 DOCUMENT: 15006504 Titles: 1 V Pages: 7 Fees. . . .* No Fees RECORDING REQUESTED BY Taxes. . . Cop I ■eeiseessea■ I AMT PA I D City of Cupertino BRENDA DAVIS RDE # 102/016 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 10/04/1999 Recorded .at the request of 10:27 AM City Clerk's Office City City of Cupertino 10300 Torre Avenue. Cupertino, CA 95014-3255 �,@ (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE/N ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED AND NON-EXCLUSIVE AUTHORIZATION FOR UNDERGROUND WATER RIGHTS ROMAN CATHOLIC BISHOP OF SAN JOSE, A CORPORATION SOLE 22555 CRISTO REY DRIVE APN 342-63-002, 005 RESOLUTION NO. 99-276 S 4 Original O For Fast Endorsement Recording Requested By And After Record Return To: City of Cupertino Attn: Director of Public Works 10300 Torre Avenue Cuptertino, CA 95014-3255 QUITCLAIM DEED AND NON-EXCLUSIVE AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN: 342-63-002 and 342-63-005 Address: .22555 Cristo Rey Drive, Los Altos, California THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a corporation sole, hereinafter referred to as the "GRANTOR,"this 7th day of SPntpmher , 1999, hereby grants, bargains, assigns, conveys, remises,releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE," its successors and assigns, 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" 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 authorizes 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 water which the owner or owners of said overlying 30119858.1/73304-0005 09/01/99 11:59 AM 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 any damage to any building or structure erected upon said lots. This grant of water rights is not exclusive and notwithstanding anything to the contrary contained in this quitclaim deed, Grantor reserves the right for itself and its successors and assigns to drill, appropriate, extract and utilize water from wells to be located on the land described in Exhibit"A" (the"Property") and to import, appropriate and transport water for the use and benefit of the Property from wells located on lands outside the Property; provided that any source of water obtained from wells is permitted by and conforms to all rules and regulations of the Santa Clara Valley Water District or any successor agency. 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: THE ROMAN CATHOLIC BISHOP OF SAN JOSE, a co_ oratio sole By: sgr. M�c,ael J. Mitchell, Vicar General Attorney in Fact 2 30119858.1 OPTIONAL SECTION STATE OF CALIFORNIA' CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF invaluable to persons relying on the document. 11 INDIVIDUAL On�1-vN„6,e�.7. (9 qqbefore me, aYl-IK ��6:z , Notary Public, 11 CORPORATE OFFICER(S) personally appeared gGq. R i AA&g] NAME(,%'OF SIGNER(2y TITLE(S) Impersonally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose ❑ GENERAL name(s) is/are subscribed to the within ❑ ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same in ❑TRUSTEE(S ) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument-.:the_person(s),;-:or the -entity MARTIN CORT¢ upon behalf of which the person(s) acted, I�,ygMllB don#1071664 Z executed the instrument. Z ;• 0 N�1/!(iPa Ic—California D lontoClara County Witness my hand and official seal. SIGNER IS REPRESENTING: OW Comm.Expires Sep 10,11999 Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO Title orType of Document THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above 01993 National Notary Association,Canoga Park,CA 3 , 30119858.1 EXHIBIT "A" LEGAL DESCRIPTION Real property located in the City of Cupertino,County of Santa Clara, State of California,being all of that 58.44305 acre parcel shown as "Parcel F" on that certain map of Tract No.9054 filed for record in the Office of the County Recorder of Santa Clara County on July 9, 1998 in Book 705 of Maps at pages 13 through 22,together with all of that 2.76717 acre parcel shown as "Parcel G" on the same map of Tract No.9054. r RESOLUTION NO. 99-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND NON-EXCLUSIVE AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM THE ROMAN CATHOLIC BISHOP OF SAN JOSE, A CORPORATION SOLE, 22555 CRISTO REY DRIVE, APN 342-63-002,005 WHEREAS, The Roman Catholic Bishop of San Jose, a corporation sole, 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 20"'day of September, 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 "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 September 7, 1999, from: ROMAN CATHOLIC BISHOP OF SAN JOSE,A CORPORATION SOLE to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on September 20, 1999, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 22, 1999 By: 2Z.411- Administrative Clerk City Clerk's Office ' City of Cupertino