09. Quitclaim 22661 San Juan Rd.DRAFT
RESOLUTIOl~T N0.09-148
A RESOLUTION OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, BRETT G. ALTEN AND TOMOKO
MATSUMOTO, 22661 SAN JLAN ROAD, APN 342-17-109
WHEREAS, Brett G. Alten and Tomoko Matsumoto, 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 in the attached Exhibit "A".
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 regulax meeting of the City Council of the City of
Cupertino this 15th day of September, 2009, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342-17-109
22661 San Juan Road ,Cupertino, CA 95014
Brett G. Alten and Tomoko Matsumoto, hereinafter referred to as the "GRANTOR",
this 2 `-~ day of ~" ~ , 2009, 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"
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 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 authorize 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.
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G~fll~®f 1 /''~
Llt:GAL ®ESCRIirFIQN
RBI property in the City of Cu~rtino, County of Santa Cram, State of Callfnrr~, described as
folrows:
ALL OF SECTIONS 158 ANp 174, AND A PORTION OF BECKONS 159 AND 173, AS SHOWN ON
THAT CERTAIN MAP ENTITLED, "MAP OF INSfiIRATiON HEIGHTS, MOAtTA VISTA", RECORDED
ON APRIL 11, 1917 IN BOOK "P" OF MAPS AT PAGE 13, SANTA CLARA COUNTY RECORDS, AND
LYING WITHIN THE CTIY OF CUPERTINO, COUNTY OF SANTA CLARA, SPATE DF CALIFORNIA,
AND MORE PARTICULARLY DESCRIBED AS FO'141h'S:
BEGINNING AT THE SOUTHERNh40ST COR.NE!": OF SAID SECTION 174, SAID CORNER EEING A
POINT ON THE CENTERLINE OF SAN 3UAN ROAD AS SAID CENTERLINE IS SHOWN ON SAID
MAP OF "INSPIRATION HEIGHTS°; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID
SECTION 174 NORTH 44° 59' 10" EAST 164.4E FEET TO THE MOST EASTERLY CORNER
THEREOF, SAID CORNER. ALSO BEING A POIN-f IN THE SOUTHWESTERLY LINE OF SAID
5ECfI0N 158; THENCE ALONG SAID SOtJT11WESTERLY LINE OF SECTION 158 SOUTH 46° Z4'
OS" EAST 24.74 FEET TO THE MOST' SOU;#ER.LY COR9VER THEREOF; THENCE NORTH 45° 34'
09" EAST 10$.55 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE ALONG Tt;E
NORTHEASTERLY LINE OF SAID SECTIONS 15;3 AND 159 NORTH 45° 03' 06" WEST 125.7E FEET
TO THE EASTERLY CORNER OF PARCEL "B" AS SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 360 OF MAPS AT PAGE S6, SANTA CLARA COUNTY RECORDS; THENCE
ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "B" SOUTH 45° 02' S4" WEST 275.75 FEET;
THENCE SOUTH 28° 33' S~" EAST 41.27 FEET'TO A POINT ON SAID CENTERLINE OF SAN JUAN
ROAD; THENCE ALONG SAID CENTERLINE SOf!'TH 65° 33' S2" EA5T 41.54 FEET' TO AN ANGLE
POINT UV-SAID CENTERLINE; THENCE CONTIMUI;~fG ALONG SAID CEt+tTERLiNE SOUTH 43° i5'
00" EAST 21,77 TO THE POINT OF BEGINNING; AND AS DESCRIBED IN THAT CERTAIN LOT
LINE ADJUSTMENT RECORDED SEPTEMBER 11, 2008 AS DOCUMENT NO. 19986528, OFFICIAL
RECORDS. _ ..
APN: 34Z-17-085-00 AND 342-17-087-00
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State of California ~~(( ~
County of ~ QI'L~-C~C ~ ~ y
On I'r~~iCtS~ c'~ 5,a, Gbh before me,
personally appeared
en
9 ~~~_ KAREN ARMSTRONG
- ~ COMM. #1855938 -+
~ m = NOTARY PUBLIC -CALIFORNIA ~
f SANTA CLARA COUNTY `~
~ifFORN~ jy}y Comm. Expires June 27, 2013
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Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is'lare subscribed to the
within instrument- and acknowledged to me that.
befs~Ithey executed the same in hist`he~their authorized
capacity(ies), and that by. hisl+rl?f'fheir 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.
WITNESS my hand
Signature ~ JIpJ(UAL [~
~- Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and rea'tachment of this form to another document.
Description of Attached Document _
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer -Title(s): -
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
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Number of Pages:
Signer's Name:
^ Individual
^ Corporate Officer -Title(s):
^ Partner = ^ Limited ^ General
^ Attorney in Fact .
^ Trustee
^ Guardian or Conservator
^ Other:
4y~~s~m-~ N~~rypu6~;~
Signer is Representing:
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®2007 National Notary Association ~ 9350 De Sato Ave-, P.O. Box 24D2 • Chatsworth, C,a 91313-2402 • wwwNationalNotaryorg Item #15907 Reorder. Call Toll-Free 1-B00-876.6827
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X90 ~~•%~ 22661 SAN JUAN ROAD, CUPEERTINO, CA
APN: 342-17-086 AND -087