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D-812 Quitclaim Deed and Authorization for Underground Water Rights, 10495 S. De Anza Blvd, APN 359-17-023 24310452 RECORDING REQUESTED BY Regina A 1 comendras Santa Clara County - Clerk-Recorder 10/22/2019 02:20 PM City of Cupertino Titles: 1 Pages: 7 Fees: 0.00 WHEN RECORDED MAIL TO Taxes: 0.00 Total: 10.00 City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10495 S. De Anza Boulevard, Cupertino, CA APN 359-17-023 BDC Atwater Shops L.P., a California limited partnership O Original 11 For Fast Endorsement l "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 q�1 30, E from BDC Atwater Shops L.P.,a California limited partnership to the City of Cupertino, a municipal corporation,is hereby accepted by the undersigned on behalf of the City Council of the City of Cupertino pursuant to authority conferred by Resolution No. 11-175 of the City Council adopted on October 4,2011,and the grantee consents to recordation thereof by its duly authorized officer. Dated: By: I Roger Lee Public Works Director I QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 359-17-023 10495 S De Anza Boulevard, Cupertino, CA 95014 BDC Atwater Shops L.P., a California limited partnership, hereinafter referred to as the "GRANTOR", this day of c s , 2019, 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, all the rights, titles, interests, estates, claims and demands, 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" The right 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 of overlying lands in the lot to take from the underground basin within the lot 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 lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon the lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of the lot(s) within the legal description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. BDC Atwater Shops L.P. a California limited partnership By: Browman Development Company, Inc., a California corporation, its general partner arry B e. a eesident: i CITY OF CUPERTINO: Roger tee Director of Public Works (Acknowledgment and Notarial Seal Attached) i Exhibit A Legal Description Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD,(40 FEET WIDE)WITH THE CENTER LINE OF THE SUNNYVALE-SARATOGA ROAD,STATE HIGHWAY 9,(80 FEET WIDE);THENCE FROM SAID POINT OF BEGINNING ALONG SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD NORTH 0'01'00" WEST 180.00 FEET;THENCE LEAVING SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD RUNNING WESTERLY AND PARALLEL WITH THE CENTERLINE OF MCCLELLAN ROAD SOUTH 89°57'00"WEST 60.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION,THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING WESTERLY AND PARALLEL WITH SAID CENTERLINE OF MCCLELLAN ROAD SOUTH 89°57'00"WEST 150.00 FEET;THENCE SOUTHERLY AND PARALLEL WITH SAID CENTERLINE OF SUNNYVALE- SARATOGA ROAD SOUTH 0'01'00"EAST 160.00 FEET;THENCE EASTERLY AND PARALLEL WITH SAID CENTERLINE OF MCCLELLAN ROAD DISTANT NORTHERLY 30,00 FEET MEASURED AT RIGHT ANGLES THEREFROM NORTH 89'57'00"EAST 120,02 FEET;THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 89'68'00"AN ARC LENGTH OF 47.11 FEET;THENCE NORTHERLY AND PARALLEL WITH SAID CENTERLINE OF SUNNYVALE-SARATOGA ROAD DISTANT WESTERLY 60.00 FEET MEASURED AT RIGHT ANGLES THEREFROM NORTH 0°01'00"WEST 120.02 FEET TO THE TRUE POINT OF BEGINNING. PARCEL'TWO: AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY:BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD(40 FEET WIDE)WITH THE CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD(STATE HIGHWAY 9,60 FEET WIDE);THENCE FROM SAID POINT OF BEGINNING ALONG SAID CENTERLINE OF SUNNYVALE-SARATOGA NORTH 0'01'W'WEST 180.00 FEET; THENCE LEAVING SAID CENTERLINE AND RUNNING WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID MCCLELLAN ROAD,SOUTH 8992VOO"WEST 60.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING WESTERLY AND PARALLEL WITH SAID CENTERLINE OF MCCLELLAN ROAD,SOUTH 89°57'00" WEST 26.00 FEET;THENCE NORTH 68'09'1 O"EAST 26.93 FEET TO A POINT DISTANT WESTERLY 60.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD;THENCE SOUTHERLY AND PARALLEL WITH SAID CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD SOUTH IYOT00 EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING, PARCELTHREE: AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY:BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD(40 FEET WIDE)WITH THE CENTERLINE OF THE SUNNYVALE-SARATOGA ROAD(STATE HIGHWAY 9,80 FEET WIDE);THENCE FROM SAID POINT OF BEGINNING ALONG SAID CENTERLINE OF MCCLELLAN ROAD,SOUTH 89'57'00"WEST 210.00 FEET;THENCE LEAVING SAID CENTERLINE OF MCCLELLAN ROAD, NORTHERLY AND PARALLEL TO SAID CENTERLINE OF SUNNVALESARATOGA ROAD;NORTH 0'01'00"WEST 30.00 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE FROM SAID TRUE POINT OF BEGINNING NORTHERLY AND PARALLEL TO THE SUNNYVALE-SARATOGA ROAD NORTH 0°01'00"WEST 25,00 FEET;THENCE SOUTHWESTERLY SOUTH 20'4660"WEST 26.93 FEET TO A POINT DISTANT NORTHERLY 30.00 FEET MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF MCCLELLAN ROAD,THENCE EASTERLY AND PARALLEL WITH SAID CENTERLINE OF MCCLELLAN ROAD,NORTH 89057'W'EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 359.17-023 ARB:3%17-007 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of G 0 %/ r-P— q- C 65 Tij- On AQ& US 30201 before me, L O R / SK6 L710AI- Notary Public, (Here insert name and title of the officer) personally appeared L `/ who 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LORISKELTON Notary Public-California Contra Costa County WI ESS my hand and official seal. Commission#2222217 10/ /1� My Comm.Expires Dec 6,2021 �"� / ' Sign Ire of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative U /T L L N' / l�l [�t (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in 111J��EIZ P_16 H T-5 California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which l� C L(J IMF -i /l�b �, must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the nalne(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Ile/she/94ey,is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 4 Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProUnk Signing Service.Inc.—All Rights Reserved www.TheProLink.com—.Nationwide Notarv.Servir- CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Clara On �e v�. a y, _9�(y before me, Kirsten Squarcia ,Notary Public, (Here insert name and title of the officer) personally appeared f'(o ye_r Lee who proved to me on the basis of satisfactory evidence to be the person(4 whose name j'is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his)her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the personf sr acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ..+ KIRSTEN SQUARCIA WITNESS my hand and official seal. _ '. Notary Public-California Santa Clara County g Commission M 2257322 My Comm.Expires Oct 4,2022 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form,if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) lie/she/gwy—is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLinkcom—Nationwide Notary Service