CC Resolution No. 10-026 Quitclaim Deed and Authorization for Underground Water Rights, 22001 Lindy Lane, APN 356-27-002RESOLUTION NO. 10-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, THOMAS SURF:ETTE 8c HEMAL SURRETTE,
22001 LINDY LANE, APN 356-27-002
WHEREAS, Thomas Barrette 8r. Hemal Barrette, 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 tl-~e 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 2nd day of February, 201 O, by the fallowing vote:
Vote Members of the City Council
AYES: Wang, Wong, Chan;,, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 35fi-27-002
22001 Lindv Lane Cupertino, CA 95014
Thomas Surrette 8z Hemal Surrette,,hereinafter referred to as the "GRANTOR", this
day of ~.~-J ~-/ , 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", it:> 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 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 birid the owner of said lot within said legal
description.
IIV WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS :
Thomas Barrette
Hemal Barrette
(Acknowledgi~~ent and Notarial Seal Attached)
PAGE 1
ACKNOWILEDGMENT
State of California
County of~'A~T/a LIAIC,A ~
On +~%C. L1 tt}U~ before me, _~AM'L~,.Y ~. ~)~~~¢~ /~,~,719iQ7 P+wkf~~`
(insert name and title of the officer)
personally appeared __ 11-IC r~A e S u R Q "- T7L i~ ~ AL S i~ItR,~°T'i
who proved to me on the basis of satisfactory evi ence to be the persort~s ,whose names ~g7are
subscribed to the within instrument and acknowledged to me that Fae/~/they executed the same in
fzi~l~~l-/t eir authorized capacity ~les and that bpi jat5/I~er/their signature son the instrument the
person or the entity upon behalf of which the persor (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 and official seal.
Signature y~<~!~~ lit- ~-
UAMIAN A. DEPA
Commfasion # 7 757 732
. -s - Notary public -California
SanTo Clara County
(S ea I) MYCornm. E,kyi 18, 207 7
EXHIBIT A
The land referred to is situated in the County of Santa Clara, Gty of Cupertino,-State of
California, and is described as follows:
PARCEL ONE:
Beginning at a 1/2" pipe set in the line dividing 'erections 22 and Z3 Township 7 South, Range 2
West, f~iount Diablo Base and Meridian, distant thereon North O° 10' West 592.68 feet from the
common corner for Sections 22, 23, 27 and 28 of Township 7 South, Range 2 West; thence
leaving said Section line and running along the center line of the Dry Creek the following
courses and distances; South 63° 28' West 75.6.5 feet, South 52° 28' West 47.18 feet; South
76° 08' West 61.17 feet; South 42° 24' West 30..65 feet; South 57° 39' West 65.73 feet; South
75° 48' West, 102.55 feet; South 88° 57' West 39.86 feet; South 68° 06' West 35.79 feet;
South 23° 01' West 73.51 feet to a 1/2" pipe; thence leaving said center line of said creek and
running North 66° 59' West 41.85 feet to a 1/2" pipe; thence North 27° 47' East 147.56 feet to
a 1/2" pipe; thence North O° 28' East 154.08 feet to a 1/2" pipe, thence North 76° 45' East
421.15 feet to a 2/2" pipe set in the line dividing said Sections 22 and Z3 thence along said
Section Line South O° 10' East 155.61 feet to the point of beginning, and being a portion of the
South 1/2 of the Southeast 1/4 of Section 22, Township 7 South, Range 2 West, M.D.B. 8c M.
EXCEPTING THEREFROM, that portion as Granted to Hillside Properties, a limited partnership,
by Deed recorded December 30, 1971 in Book 9Ei48, Page 194, Official Records, and more
particularly described as follows:
All that certain real property situate in the Count!/ of Santa Clara, State of Califomia, and being
a portion of the land described in the Deed to Jack and Frances Elizabeth Pinney, recorded in
Book 7376 Ofidal Records, at page 729, Santa Clara County Records, and more particularly
described as follow: Beginning at a point in the lime dividing Section 22 and 23,, Township 7
South, Range 2 West, M.D.B. 8c M., and distant thereon North O° 10' West 592.68 feet from the
common corner of Sections 22, 23, 26 and 27, Township 7 South, Range 2 West M.D.B. 8. M.;
thence leaving said Section line of running along the centerline of the Dry Creek the following
courses and distances; South 63° 28' West 75.65 feet, South 52° 28' West 47.18 feet; South
76° 08' West 31.17 feet; thence leaving said Creek centerline, and running .North 18° 23' 11"
West 189.456 feet to a point in the Northwesterly line of the lands described in said Deed;
thence North 76° 46' East 200.00 feet to a point in the line dividing said Section 22 and 23;
thence along Section Line, South O° 10' East 155.61 feet to the point ofbeginning, and being a
portion of the South 1/2 of the Southeast 1/4 of ~>ection 22, Township -: South, Range 2 West,
M.D.B. 8c M.
PARCEL TWO:
A non-exclusive Easement for ingress and egress •3ppurtenant to said Parcel One hereinabove
described as Reserved in the Deed to Hillsdale Properties, a limited partnership, recorded
December 30, 1971, in Book 9648, Page 194, Offi~=ia1 Records, over a strip of land SO feet in
width, lying Northerly of and contiguous to the Southerly Line of the parcel above described and
excepted from Parcel One.
APN= 356-27-002
A356-27-002