No preview available
D-458 Quitclaim Deed and Authorization for Underground Water Rights, 10205 Imperial Ave, APN 357-18-007 and 357-18-008, Reso 10-067 DOCUMENT: 20695847 Pages: 7 C111111111 11 Fees.... + No Fees Taxes . RECORDING REQUESTED BY Copies. AMT PAID City of Cupertino _ - REGINA ALCOMENDRAS RDE # 012 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 4/30/2010 Recorded at the request of 12:47 PM City Clerk's Office City City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10205 Imperial Avenue APN 357 -18 -007 and 357 -18 -008 Richard G. Hernandez and Sara R. Hernandez )(Original For Fast Endorsement RESOLUTION 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, APN(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: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: 0 , / - 10P .n City Clerk ( j • or, City of Cupe • o 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 day of `,y1wt ck , 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Richard G. Hernan ez / 4 A Y _.01/ Sara R. Hernandez (Acknowledgment and Notarial Seal Attached) EXHIBIT ' "A" 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 1/2 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 ` "F" 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, TOWN OF MONTE VISTA ", WHICH SAID MAP IS OF RECORD IN BOOK "F" OF MAP, PAGE 24, SANTA CLARA COUNTY RECORDS. APN 357 - 18.008: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT : a�S! �S: n�,•! �. �t��; at��-• r��.•! �. S, r- �'. t�. aS ;s��,r- �..;s�.�.,r'a3�;t�4,.ai . ��,•; �a�. ��3��i,: �.>+ �t�.•, �s� .��5'ac��t!�.,��t�. �.'�Z;�. State of California County of a v■ic. Clark, On Mdxth 36, auto before me, 1KI+ Ma -Cte✓ 6razi r1 /.10-tarl Pub lic Date Here Insert Name arid Title of the Officer personally appeared &a . R . }fie r nano ez. and rc tcAlar i{erntswiez- Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4//are subscribed to the within instrument and acknowledged to me that faefahe1they executed the same in Ihia/hcr /their authorized capacity(ies), and that by thi&her /their signature(s) on the � ;.., KIM MARIE SMITH instrument the person(s), or the entity upon behalf of - Commission #r 1867298 z which the person(s) acted, executed the instrument. Notary Public - California ' "r 7 1.1 Santa Clara County t I certify under PENALTY OF PERJURY under the laws Comm. es Nov 1, 2013 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � // �R.cG , Place Notary Seal Above Signature of Notary Public 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 Title or Type of Document: GU dte.14MM . Q C14ti aNNAOtt2a`A C C) hde-t'9 COO U3cLiet Nkis Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sigrer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ CDrporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner — El Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER El Trustee To of thumb here Trustee Top of thumb here LI Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: . 4� • . �. ti .6�.�� �.�� � ASV :�. © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated March 30 2010, from 10205 Imperial. Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on April 6 2010, and the grantee consents to recordation 'thereof by its duly authorized officer. Dated: April 27, 2010 By: Julie Hey Clerk Re, • 'onist •