CC Resolution No. 10-012 Quitclaim Deed and Authorization for Underground Water Rights, 10185 Amelia Court APN 326-17-020RESOLUTION 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. SIMONOVICH, 10185 AMELIA COURT,
APN 326-17-020
WHEREAS, Alex Simonovich and Wendy 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 Sazita 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 special meeting of the City Council of the City of
Cupertino this 19th day of January, 201 O, by the following vote:
Vote Members of the CitS~ Council
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~_- •'1'1.t~1
City Clerk
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APPROVED:
QUITCLAIM DEED A1~dD AUTHORIZATION
FOR UNDERGROUl~ D WATER RIGHTS
APN 326-17-020
10185 Amelia Court, /~upertino, CA 95014
Alex Simonovich and Wendv R.E. Simonovich, Husband and ;Wife, As Joint Tenants.
hereinafter referred to as the "GRANTOR", this ~ z ~ day of / a ~ , 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 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 authorize GRI~NTEE 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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EXHIBIT' "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Beginning at an iron pipe on the Southerly line of that certain F~arcel of land described in 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 Compan•~, 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° Z1' 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 said Southerly line of the land so described in the Deed to
said Allumbaugh, et ux, running thence South 1° 08' East along said last named line, 80 feet to the Southeasterly
corner thereof; running thence North 83° 14' 30" West along the said Southerly line of the land so described in the
Deed to said Allumbaugh, et ux, 139.56 feet to the point of beginning.
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 ee:rtain 10.06 acre tract of land described in the Deed
from Amasa Eaton Company; a corporation, to-John A. Chuck, dated August 3, 1940, recorded August 17, 1940 in
Book 993 of Official Records, Page 391, Santa Clara County Records; distant thereon South 41° Z7' East 366.50 feet
'-Crpm the Southwest corner of said 10.06 acre tract; and running thence from said point of beginning, North 1° 08'
West 246.51 feet to the Southeasterly corner of the parcel of land firstly above described; thence along the Southerly
line thereof, North 83° 17' West 20.19 feet; thence parallel with and ZO feet Westerly at right angles from the first
course of this description, South 1° O8' 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 p~~int on the Southwesterly line of said 10.06 acre tract;
running thence along said Southwesterly line, South 41° Z7' East 112.63 feet to the point of beginning.
Parcel Three:
A right of way for road purposes over a strip of land ZO feet in width, the Westerly line of which is described as
fo I lows
Beginning at the ~lorthernmost 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 January 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 line 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 17, 1940, in Book 993 of Official Records,
page 591 Santa Clara County Records; distant thereon South 41° Z7' East 366.50 feet from the Southwesterly corner
of said 10.06 acre tract; thence from said point of beginning, running North 1° 08' West 208.04 feet to the Southwest
ctN-ner 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,
dated January 8, 1943, in book 1124 of Official Records, Page 312. Santa Clara County Records; thence along the
Southerly line of the said O.ZOZ acre tract, South 85° 00' East ZO.1Z feet to an iron pipe; thence running South 1° OS'
y~ - - - -
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° 25' for an arc distance of 54.27 feet to an iron pipe: tFience South 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 Jotin A. Chuk above referred to; thence along said last named Southwesterly line, North 41° 27' West,
6.48 feet to the point of beginning.
APN: 326-17-020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Ca~or~n~j, C t~~--(~
County ~oAf c~ ~ )
On ~~~e ~ t 2a o `~ before me ~-~ 1 N~ 1~} M Off) ~ 6~ ~ (/Z Y
(insert name and title of the office
personally appeared ~ ~~ ~1 M 07JOJ l c_}-~ ~''''`9 t~~,~1ny ~_ ~• s'IMOt~OV~,I''v
who proved to me on the basis of satisfiactory evil~e ce to be the persons whose name(s) ~/are
subscribed to the within instrument and acknowledged to me that ~/s~Se/they executed the same in
h~h~r/their authorized capacity(ies), and that by F}i6'/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the Flerson(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under they laws of the State of California that the foregoing
paragraph is true and correct.
O
O
WITNESS my hand and official seal.
woasv~a v ~rorsi
•.. Commfsslon ~ 1659583
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Signer's Name: ~ •~ ~i fY10•s~0~1
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Individual
Corporate Officer
Title(s):
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Signature ~l~~ 1 ' `P3~w-
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OPT/a~NAL
Though the information ba/ow is not required by /a w, it may prove va/uable to persons relying on the document and ceuld prevent
fraudulent remove/ and reatiaChment of this form fo another document.
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Title or Type of Document:
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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Individual
Corporate Officer
Title(s):
Partner - O Limited p General
Attorney-in-Fact
Trustee
Guardia or Conservator
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Signer Is Representing:
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