CC Resolution No. 11-155 Quitclaim Deed and Authorization for Underground Water Rights, 10670, 10700, and 10710 North Tantau Avenue, APN 316-09-019, 316-09-024 & 316-09-028_revised 8-30-23RESOLUTION N0. 11-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR [JNDERGROUND
WATER RIGHTS, TANT AU PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, 10670, 10700 AND 10710 NORTH TANT AU AVENUE,
APN316-09-019,316-09-027 &316-09-028
WHEREAS, Tantau Properties, LLC, a Delaware limited liability company, has executed
a "Quitclaim Deed and Authorization", whicli is in good and sufficient form, quitclaiming all
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 Cupeitino, County of Santa
Clara, State of California, as shown in the attached Exhibit "A".
NOW, THEREFORF,, 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 6th day of September, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
AJ3STAIN:
Wong, Santoro, Chang, Mahoney, Wang
None
None
None
ATTEST:APPROVED:
%%4er;,,th?tKimberly mith, sty Gilbert Wong, Mayor, City f C
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROtJND WATER RIGHTS
APN316-09-019,316-09-027 &316-09-028
10670, 10700 and 10710 North Tantau Avenue. Cupertino, CA 95014
Tantau Properties LLC, a Delaware limited liability company, hereinafter referred to
asthe"GRANTOR",this dayof ,2011,herebygrants,bargains,
assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
C{JPERTINO, 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 AITACHED 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 GOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership of
overlying lands in the said lot to take from said underground basin within the said 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 arithorize GRANTEE to make any withdrawal of water
which will result in damage to any building or structure erected upon said lot.
This assignment, conveyance and authorization is made for the benefit lot within
the above described legal description and shall bind the owner of said lot within said legal
description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
GRANTOR:
Tantau Properties LLC, a
Delaware limited liability company
(Acknowledgment and Notarial Seal Attached)
mA
LEGAL DESCRJPTION
Real property in the City of Cupertlno, County of Santa Clara, State or Califomia, described as
follows:
PARCEL ONE:
A PORTION OF LOTS 4 AND 7, AS SHOWN ON THAT CERTAIN MAP ENT[TLED "MAP OF THE
PARTmON OF THE GLENDENNING ESTATE IN THE QUrTO RANCHO", WHICH WAS FILED IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON
OCTOBER 24, 1884 IN BOOK B OF MAPS, PAGE 15, DESCRIEiED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERtY LINE OF PRuNERIDGE AVENUE, AS
ESTABLISHED BY FINAL JUDGMENT OF CONDEMNATION IN FAVOR OF THE CrTY OF
CUPERTINO, A CERTIFIED COPY OF WHICH WAS RECORDED JULY 20, 1967, BOOK 7757
OFFICIAL RECORDS, PAGE 626, WITH THE EASTERLY LINE OF SAID LOT 4;
THENCE FROM SAID POINT OF BEGINNING NORTH Oo 26' 11' EAST ALONG THE EASTERLY LINE
OF SAID LOT 4, 138,54 FEET TO THE NORTHEAST CORNER OF SAID LOT 4 AND THE
SOUTHEAST CORNER OF SAID LOT 7;
THENCE NORTH Oa 12' 36" EAST ALONG 'n-IE EASTERLY uNE OF SAID LOT 7, 118,89 FEET;
THENCE SOLml 89o 24' 42" WEST 288.33 FEET TO THE EASTERLY LINE OF TANTAU AVENUE;
T)-IENCE SOLI"n-IERLY ALONG SAID LINE OF TANTAu (AVENUE ON THE ARC OF A CURVE TO THE
LEFT, FROM A TANGENT WHICH BEARS SOUTH l1o 07' 17" WEST WITH A RADIUS OF 562.5 €)
FEET, THROUGH A CENTRAL ANGLE OF ICIO 41' C)6" FOR AN ARC DISTANCE OF 104.90 FEET;
THENCE CONnNuING ALONG SAID LINE SOUTH Oo 26' 11" WEST 102.42 FEET AND ON A
TANGENT CURVE TO THE LEFT, WITH A R/)IDIUS OF 50 FEET, THROUGH A CENTRAL ANGLE OF
91o 01' 29" FOR AN ARC DISTANCE OF 79,43 FEET TO SAID NORTHERLYlINE OF PRuNERIDGE
AVENUE;
THENCE NORT)-I 89o 24' 42" EAST ALONG SAID LINE, 247.65 FEET TO THE POINT OF
BEGINNING.
PARCEL TWO:
A POR7nON OF LOT 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF THE PARTITION
OF THE GLENDENNING ESTATE IN THE QUrTO RANCHO", WHICH WAS EILED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER
24, 1884 IN BOOK B OF MAPS, PAGE 15, DESCRIEIED AS F-OLLOWS:
BEGINNING ON THE EASTERLY LTNE OF SAID LOT 7, DISTANT THEREON NORTH 00 12' 36"
EAST 118.89 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 7;
THENCE SOUTH 89a 24' 42" WEST 288.33 FEET TO THE EASTERLY LINE OF TANTAU AVENUE;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF TANTAU AVENUE, ON THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 562.45 FEET, FROM A TANGENT BEARING NORTH
llo 07' 17" EAST THROUGH AN ANGLE OF 14o 56' 08" AN ARC DISTANCE OF 146.63 FEET;
THENCE ALONG T)-IE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 637.5
FEET, THROUGH AN ANGLE OF 190 56' 11", AN ARC DISTANCE OF 221.82 FEET TO THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE OF TRACT 1867, WESTWOOD OAKS
UNIT N0. 5, THE MAP OF WHICH WAS RECORDED MAY 22, 1958 IN BOOK 93 0F MAPS, PAGES
49, 50 AND 51;
THENCE ALONG SAID PROLONGATION NORTH E19" 24' 05' EAST 181.B3 FEET TO THE
EASTERLY LINE OF SAID LOT 7;
THENCE SOUTH O" 12' 36" WEST ALONG THE EASTERLY LINE OF SAID LOT 7, 349.59 FEET TO
THE POINT OF BEGINNING.
PARCEL THREE:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR PEDESTRIAN AND VEHICLES
OVER, ALONG AND ACROSS EASEMENT PARCELS N0, 1, 2, 3; 5, 6, 7 AND 8, AS DESCRIBED
AND SHOWN IN THE RECIPROCAL DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT
RECORDED JUNE 02, 1972 IN BOOK 9862, PAGE 473, OFFICIAL RECORDS.
APN: 316-09-€119, 316-09-027 and 316-09-028
DELAWARE ALL-PURPOSE
ACKNOWLEDGMENT CERTIFICATE
State of Delaware
County of New Castle
On August 4'h, 20al 1 before me, Jean Marie Wagner, notary public, personally appeared Joan L. Yori, who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under Penalty of Perjury under the laws of the state of Delaware that the Foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Sj na { re of Notary Public
Printed name of Nota$ Public
My Commission Expiration Q'N MARIE WAGNER
Notary Public - State of Delavv
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER
..ltOofdubOcufmeent[% h4
NumberofPages /(DocumentDate)6 //
(Additional Information)
CAPACITY CLAIMED BY THE SIGNER
Joan L. Yori
Manager
Tantau Investments, LLC