16. Quitclaim Deed 10205 Imperial AveRESOLUTION NO. 10 -067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, RICHARD G. HERNANDEZ AND SARA R. HERNANDEZ,
10205 IMPERIAL AVENUE, AP]v(s) 357 -18 -007 & 357 -18 -008
WHEREAS, Richard G. Hernandez and Sara R. Hernandez, 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 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 April, 2010, by the following vote:
Vote Members of the City- Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357 -18 -007 & 357 -18 -008
10205 Imperial Avenue Cupertino, CA 95014
Richard G. Hernandez and Sara R. Hernandez, Trustees of the Hernandez Family
Trust Dated May 12, 1999 hereinafter referred to as the "GRANTOR ", this -, ,o day
Of 1 , 2010, 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 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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IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
. G
:Richard G. Hernan ez
tk� JA,1-4f- xzlf 1191 I-P-171f -Z�
Sam R. Hernandez
(Acknowledgment and Notarial Seal Attached)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1��.��� C�:jS,:�q�:�S.: �C�������a��!.:��.���.����� ��� � �T ?��������._• ?�r'�a.c�� `�.�C���� ,•���s��'!.�C�C �����C �.�,.'����::��, /_%2��T����s�
State of California
County of 6 afn *ow ��otrf 0.r
On Mr CON 36, aolf5 before me, k M' M al te, 11'Yti' lsaoiarI Po6 (IG
Dale Here Insert Name affd Mile of the Ofric
personally appeared _ J` Oil R. ilerhan6ez. ayi& epha ii 4P_ry(LfJi.U�I T_
Names) of Signer(s)
KIM MARIE SMITH
Commission # 1887298
ai' Ni puldie - Califorsia i
Z Santa Cltrre County My Comm. ras Noy 1.2013
1 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
Place Notary Seal Above Signature of Notary Public
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) -is/are subscribed to the
within instrument and acknowledged to me that
4e/aheftey executed the same in h1944er /their authorized
capacity(ies), and that by hieAer /their signature(s) on the
instrument the persoll or the entity upon behalf of
which the persons) acted, executed the instrument.
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 reattachment of this form to another document
Description of Attached Document l � � - _ C
Title or Type of Document: 6'j t'EG�4l1fYt �e�a ,* 1`ttiTyuatt � �Y��r4fodlr� V`?o ;?A%ks
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 Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Ti
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
.
OF SIGNER
it f �o • -• .� •, '1 :i• .� • •1 - :11 :�
16 -4
EXHIBIT "
PARCEL 1:
REAL PROPERTY SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF IMPERIAL AVENUE,
DISTANT THEREON 144 FEET SOUTHERLY FROM THE POINT OF INTERSECTION
OF THE WESTERLY LINE OF IMPERIAL AVENUE WITH THE SOUTHERLY LINE OF
LOMITA STREET; THENCE RUNNING SOUTHERLY AND ALONG THE WESTERLY
LINE OF IMPERIAL AVENUE, 48 FEET;: THENCE RUNNING WESTERLY AND
PARALLEL WITH THE SOUTHERLY LINE OF LOMITA STREET 130 FEET;
THENCE RUNNING NORTHERLY AND PARALLEL WITH THE WESTERLY LINE OF
IMPERIAL AVENUE 48 FEET; THENCE RUNNING EASTERLY AND PARALLEL
WITH THE SOUTHERLY LINE OF LOMITA STREET, 130 FEET TO THE POINT OF
BEGINNING, AND BEING THE SOUTHERLY 112 OF LOT F, BLOCK 8, AS SHOWN
UPON THAT CERTAIN MAP ENTITLED, "RESUBDIVISIONS OF SUBDIVISION NO. 1
TOWN OF MONTE VISTA ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
ON APRIL 11, 1917 IN BOOK P OF MAPS, AT PAGE 24. '
APN 357 -18 -007
PARCEL 2:
BEGINNING AT A POINT ON THE WESTERLY LINE OF IMPERIAL AVENUE AND AT
THE COMMON CORNER FOR LOTS "F" AND "E" IN BLOCK 8, AS THE SAME ARE
SHOWN UPON THE MAP HEREINAFTER REFERRED TO, AND RUNNING THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF IMPERIAL AVENUE, 30 FEET;
THENCE WESTERLY AND PARALLEL WITH THE DIVIDING LINE BETWEEN SAID
LOTS ' AND "H ", 100 FEET; THENCE NORTHERLY AND PARALLEL WITH THE
WESTERLY LINE OF IMPERIAL AVENUE, 30 FEET TO THE DIVIDING LINE
BETWEEN SAID LOTS "F" AND "H "; THENCE EASTERLY ALONG SAID DIVIDING
LINE, 100 FEET TO THE POINT OF BEGINNING, AND BEING A PART OF LOT "H"
IN BLOCK 8 AS SHOWN UPON MAP ENTITLED, "RESUBDIVISION OF
SUBDIVISION NO.. 1_, 0 OF MONTE VISTA ", WHICH SAID- -'�1AP IS OF •RECORD
IN BOOK "F" OF•15A";E' -24, SANTA CLARA COUNTY RECORDS.
APN 357- 18- 00
16 -5
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Ow- Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Ri ha
G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue, APN 357-18-007 • 357-18-008,
ji
Resolution No. 10-
The property owners agree to grant to the City the right to extract water from the basin under the overlying I
property.
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