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18. Quitclaim 10185 Amelia Ct.RESOLUTION NO.10-012 ~ ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, ALEX SIMONOVICH AND WENDY R.E.:>IMONOVICH, 10185 AMELIA. COURT, APN 326-17-020 WHEREAS, Alex Simonovich and Wend3~ R.E. Simonovich, have executed a "Quitclaim Deed and Authorization", which 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 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 (:ity Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 19th day of January, 2010, by the following vote: Vote Members of the Cifi~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~a-~ QUITCLAIM DEED Ar1D AUTHORIZATION FOR UNDERGROUr'D WATER RIGHTS APN 326-17-020 10185 Amelia Court, Cupertino, CA 95014 Alex Simonovich and Wendy R.E. Simonovich, Husband and ;Wife, As Joint Tenants, hereinafter referred to as the "GRANTOR", this ~Z ~ day of J Pc , 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 weJ.l in possession as in expectancy of the GRANTOR as owner of that certain real propE:riy situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXH][BIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial rise upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRAr1TOR and its successors in ownership of overlying lands in the said lat 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 benef cial 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 far the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 18-3 21i0s/2003 X9:27 ?A;, a0s iii 3533^ ~i ~~'s~tESS ~+v~-?~RE©F, G~,~~'©~ ~s sxec~.~ed tixiszm~°^t thu cl.~~ end ;yea; ~~ aL~o;~e Yvrilteu. ~~~~: . ~ t/1~ Ater Sixao~ovich ART ~ ?(/r ~I , RE.Simoich X0013/OOt6 ~i~ ~ ~~ ~~~ ~~, ~zl~1f~5. 18-4 EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITl1ATED IN T}-~E CITY OF CUPERTINO, COUNTY OF SANTA CLAiZA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Beginning at an iron, pipe on the Southerly line of that certain ~~arcel of land described !n the Deed from W.L. Stapp, et al, to Harry E. Allumbaugh, et ux, dated July 9, 1946 in book 1352 Official Records, Page 513, Santa Clara County Records; distant thereon South 83° 14' 30" East 100 feet from the Southwesterly corner of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to John A. Chuk, dated August 3, 1940, recorded August 17, 1940, in Book 903, Official Records, Page: 591, Santa Clara County Records; running thence North 1° 21' West and parallel with the Westerly line of the land so described in the Deed to said Allumbaugh, et ux, 80 feet; thence running South 83° 14' 30" East and parallel with the sa!d Southerly line of the land so described in the Deed to said Allumbaugh, et ux, running thence South i° 08' East aionc~ said fast named line, 80 feet to the Southeasterly corner thereof; running thence North 83° i4' 3Q" West along tl~e said Southerly fine of the land so described in the Deed to said Allumbaugh, et ux, 139.56 feet to the point of becllnning. Parcel Two: An easement for the purpose of ingress and egress over a strip of land.described as follows: Beginning at an iron pipe set in the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company; a corporation, ta•:7ahn A. Chuck, Mated August 3, 1940, recorded August 17, 1940 in `3ook 993 of Official Records, Page 391, Santa Clara County Records; distant thereon South 41° 27' East 366.50 feet ~'~'pm the Southwest corner of said 10.06 acre tract; and runnincl thence from said point of beginning, North 1° 08' West 246.51 feet to the Southeasterly corner of•the parce! of land firstly above described; thence along the Southerly fine thereof, North 83° 17' West 20.19 feet; thence parallel witPi and 20 feet Westerly at right angles from the first course of this description, South 1° 08' East 144.10 Feet; thence' running along a curve to the right with a radius of 30 feet,through an angle of 139° 41' a distance of 73.14 feet to a point on the Southwesterly line of said 10.06 acre tract; running thence along said Southwesterly iine, South 41° 27' Ea~;t 112.63 feet to the point of beginning, Parcel Three: A right of way for road purposes over a strip of land 20 feet in width, the Westerly line of which is described as follows: Beginning at the Northernmost corner of that certain 9.202 acre tract of land described in the Deed from W.L Stepp, et al, to L. W. Northern, et ux, dated January 8,1943, recorded Jar~uary 15, 1943, in Book 1124 of Official Records, Page 312. Santa Clara County Records; thence from said point of beginning, South 1° 08' East 132.58 feet to the Southwesterly comer of said 0.207 acre tract. Parcel Four: An Easement for the purposes of ingress and egress over a parcel of land described as follows: Beginning at an Iron pipe "N" on the Southwesterly iine of thaE o~rtain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to John A. Chuk, dal:ed August 17, 1940, in Book 993 of Official Records, page 591 Santa Clara County Records; distant thereon South 41° 27' East 366.50 feet from the Southwesterly corner of said 10.06 acre tract; thence from said point of beginning, Turning North 1° 08' West 208,04 feet to the Southwest ~rner of that certain 0.202 acre tract of land described in the Deed from W.L. Stapp, et al, to L.W. Northern, et ux, ~.4~ed January 8, 1943, in book 1124 of Official Records, Page 31Z, Santa Clara County Records; thence along the Southerly line of the said O.Z02 acre tract, South 85° 00' East 20•.12 feet to an iron pipe; thence running South 1° 08' 18-5 - ~ '_ East 100.56 feet to an iron pipe; thence curving tangentially to the right on a curve of 70 feet radius through an angle of 44° Z5' far an arc distance of 54.27 feet to an iron pipe: thence Sauth 31° 56' East 35.76 feet to an iron pipe; thence South 10° 12' West 38.89 feet to an iron pipe on the Southwesterly Line of the 10.06 acre tract so described in the Deed from John A. Chuk above referred ta; thence along said last named Sauthwesterly line, North 41° Z7' West, 6.48 feet to the point of beginning. APN: 326-17-020 18-6 CALiFORN1A ALL-PURPOSE ACKN0IN~EDIGMENT State of Ca!' amia County of ~~rt?~ e } -1" - - ' k Y On t ~ ~_ _e ~-_ - ~ ~ ~ before me, ~-~ 1 ~`'~f ~ M p~ ~ r'~Y e~ ~ I~ (insert name and title of the affrce ! personally appeared ~ ~ ~t r't1 ~?10~ 1 t= k.~~t~iD ~- ~. SlmptJOV ~'`C.}~ who proved to me on the basis of satisfactory evide ce to be the ~persan(s whose name(s) ~/are subscribed to the within instrument and acknowleldged to me that ~ls~e/they executed the same in h~h~r/their authorized capacity(ies), and that; by f~Yh~r/their signature(s) on the instrument the person(s.), or the entity upon behalf of which the i~erson(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under thlr laws ofi the State of California that the foregoing paragraph is true and correct. _ ~ ,~_~ WITNESS my hand and official seal. ralMav ~'~'al 4 ~' ComrZlsslan ~ 1659583 -ri Notary t't>$!lc - Catirornla ' Santa Clara County g '• ' ~`-~ ~ /\(` _ ~•, ~ Seal MyComrn. Exphes May 16, 2010 Si RatUfe S ~ 1 ~ ( } OPT/t)NAL Though the information below is not requtred~by law, It may prove valuable to parsons retying on the document acrd could prevent fraudulent removal and reattachment of this form to another document. Description of A Title or Type of pocument: Document Date:. 2 .!~ 0 wi~~r r" `~~ v- ~ ~~ `° -' . Number Signer(s) Other Than Named Above: Capaci#y(ies) Claimed by Signer.(s+) _ Signer's Name: 11~ ~S tY1 pr0~,~9 . Individual Corporate Officer Title(s): Partner -- O Limited O. General Attorney-in-Fact Trustee. Guardian or Conservator Ot eC . Signer Is Flepresenting: ~ hoar. Naan..ni .L....-. a..~..~:_~__ . Top of Unxnb here ~. / i ~l4'~IK~ + r? Y K.' ~.. Signer's Name: ~ ~ ~~ ~i iYLe~VI ^ Individual © Corporate Officer Title(s): ^ Partner - O Limited ^ Genera! ^ Attorney-in-Fact O Trustee ^ Guardian C~ serv for ^ ~~eI: Signer Is Representing: lop of thumb hie T .- V ~~. r' I " tFx.T_ ~.-~i ~,: nom,.,,. __ ...,..,....., o.~ .~. ~x ~ ,oq • wnoga rsre. ~n eisoe-ni~4 Prod. No. 5907 Fleorde[: Call Td4froe 1t~6~16-b827