CC Resolution No. 11-005 Quitclaim Deed and Authorizaiton for Underground Water Rights, 10625 Cordova Rd APN 342-22-103 RESOLUTION NO. 11 -005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, STEVEN A. BREINBERG AND DANNA S. BREINBERG,
10625 CORDOVA ROAD, APN 342 -22 -103
WHEREAS, Steven A. Breinberg and Danna S. Breinberg, 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 th3 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 18th day of January, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
)--A-(Sc4Y-1-1-7(1- (/\_) ,/(A`
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342 -22 -103
10625 Cordova Road, Cupertino, CA 95014
Steven A. Breinberg & Danna S. Breinberg, husband and wife, community property
with right of survivorship, hereinafter refen to as the "GRANTOR ", this day
of D Et- E , 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 here:Dy 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 au_horization 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:
Steven A. Breinb- g
Danna S. Breinberr
(Acknowledgment and Notarial Seal Attachec.)
EXHIBIT A
The land referred to is situated in the County of Santa Clara, City of Cupertino, State of
California, and is described as follows:
PARCEL ONE:
All of Parcel B of Record of Survey filed in Book 226 of Maps at page 42, Santa Clara County
Records.
EXCEPTING THEREFROM the following described parcel of land:
Beginning at the Southwesterly terminus of the course South 43° 20' West 135.03 feet as
shown on the above referred to Record of Survey; thence along the boundary line common to
said Parcel B and Section 188 of Map of inspiration Heights, Monta Vista filed in Book "P" of.
Maps at. page 13, Santa Clara County Records, North 43° 20' East, 40.00 feet; thence leaving
said line, South 5° 55' 35" East 60.31 feet to an angle point on the Southerly line of said Parcel
B, said point being the Northwesterly terminus of the course South 55° 38' East, 53.56 feet;
thence along the Southerly line of said Parcel B of said Survey, South 50° 09' 25" West, 3.52
feet; thence leaving said line North 43° 03' 20" West 45.37 feet to the point of beginning.
PARCEL TWO:
A non - exclusive easement for ingress and egress and public utility purposes over a strip of land
10 feet in width Northeasterly line is described as follows:
Beginning at a point on the Southeasterly line of 188, shown upon that certain Map entitled,
"Map of Inspiration Heights, Monta Vista ", filed fo record in the Office of the Recorder of the
County of Santa Clara, in Book "P" of Maps, page 13, said point of beginning lying North 43° 20'
East 91.24 feet from the most Southerly corner of said Section 188; thence from said point of
beginning South 72° 17' East 50.58 feet; thence South 55° 38' East 53.56 feet; thence South
71° 48' East 73.73 feet; thence North 83° 06' East to the center line of Cordova Road and the
Easterly terminus of said easement, said easemert, said easement being over a portion of
Parcel A as shown on that certain Map filed for record on August 10, 1967 in Book 226 of Maps,
page 42.
PARCEL TRHEE:
All of Sections 186 and 187 as shown upon that certain Map entitled "Map of Inspiration
Heights, Monta Vista ", which Map was filed for record on April 11, 1917 in the Office of the
Recorder of the County of Santa Clara, State of California in Book "P" of Maps, at page 13.
Excepting Therefrom all that portion thereof lying within the bounds of Parcel A and B as shown
upon that certain Map entitled "Record of Survey being Lots 186, 187 and portion of Lots 190 &
•
g -1- -Inspiration Heights, Monta Vista ", which Map was filed for record on August 10, 1967 in
Book 226 of Maps, page 42.
PARCEL FOUR:
A portion of Section 188 as shown on Map of Inspiration Heights, Monta Vista, filed on April 11,
1917 in Book "P" of Maps at Page 13, Santa Clara County Records, described as follows:
Beginning at the point of intersection of the centerlines of Mercedes Road and Cordova Road as
shown on Record of Survey filed in Book 226 of Maps at page 42, Santa Clara County Records;
thence along the boundary line common to Parcel B of said Survey and Section 188 of Map of
Inspiration Heights Monta Vista, South 43° 20' West 37.50 feet to the true point of beginning of
the herein described parcel; thence from said true point of beginning along said common
boundary line, South 43° 20' West 57.00 feet; thence leaving said line, North 5° 09' 35" West,
46.56 feet; thence along a line parallel with the centerline of Mercedes Road as shown on said
Record of Survey and distant therefrom 30 feet, right angle measure South 83° 32' East 43.48
feet to the true point of beginning.
PARCEL FIVE:
An exclusive easement for the following:
A. For the growing of vegetation
B. For pedestrian and equestrian access, ingress and egress
C. For the construction of sidewalks and stairs; and
D. For the construction of a roadway or driveway for vehicular ingress and egress and parking
And being described as follows:
A. A portion of Section 188 of Map of Inspiration Heights Monta Vista filed on April 11, 1917 in
Book "P" of Maps at page 1,3 Santa Clara County Records, described as follows:
Beginning at a point on the boundary line common to said Section 188 and Parcel B as shown
upon Record of Survey filed in Book 226 of Maps at page 42, Santa Clara County Records,
distant thereon South 43 20' West 31.85 feet from the point of intersection of the centerlines
of Mercedes Road and Cordova Road as shown upon said Record of Survey; thence from said
point of beginning continue South 43° 20' West, 5.65 feet; thence along a line which is parallel
with the centerline of Mercedes Road and distant therefrom 30 feet, right angle measure North
83° 32' West, 26.80 feet; thence leaving said line North 12° 42' 45" East 25.25 feet to the top
center of an existing asphalt curb, as said curb existed on or prior to May 15, 1991; thence
leaving said point South 46° 40' East 34.30 feet to the point of beginning.
B. A portion of Section 188 of Map of Inspiration Heights Monta Vista filed on April 11, 1917 in
Book "P" of Maps at page 13, Santa Clara County Records described as follows:
PARCEL FIVE:
Beginning at a point on the boundary line common to said Section 188 and Parcel B of Record
of Survey filed in Book 226 of Maps at page 42, Santa Clara County Records, distant thereon
South 43° 20' West, 25.00 feet from the point of intersection of the centerlines of Mercedes
Road and Cordova Road as shown on said Record of Survey; thence from said point of
,beginning continue South 43° 20' West 6.85 feet; thence leaving said line North 46° 40' West,
34.30 feet to the top center of an existing asphalt curve, as said curb existed on or prior to May
15, 1991; thence along said curb the following four courses:
1) South 76° 30' East, 5.08 feet;
2) South 68° 04' East 5.00 feet;
3) South 57° 25' East 5.00 feet; and
4) South 47° 52' East 7.00 feet
Thence leaving said curb and along the Southerly edge of paving of Mercedes Road, South 33°
30' East 5.50 feet and South 19° 00' East 2.95 feet: to a point on the Southerly line of said
Mercedes Road, 40 feet wide; thence along said last -named line South 83 32' East, 6.72 feet
to the point of beginning.
342 -22 -103
13010
SH /LA /AG
A 342 -22 -056, 48.01
CALIFORNIA .A .LL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 5�` U ce
01:1 UE-t-C �,-.be�
.. 4 � o )0 before Isle, b03-2-3
(Here insert name and "ile of tit: officer)
personally appeared S c A - 12_E t ty e bAN NA 3 �N N 13t�t2�
who proved to me on the basis of satisfactory evidence to be the person° whose name(3) /are subscribed to
the within instrument and acl(iowledged to me that 1; /they executed the same in 1r /their authorized
capacit■ , and that by h . /their signature( on tae instrument the person('), or the entity upon behalf of
which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
1S true. and correct. • �, DAKSHA K. PATEL
comm. #1849622 El
G ▪ i j ' PI. NOTARY PUBLIC • CALIFORNIA I
, +f My Comm E,p kzo 17 ni3
WITTESS my hand and official seal.
otary seal'
i )
Signature of Notary Public
4
ADDITIONAL OPTIONAL INFORNIAT1Ol
INSTRUCTIONS FOR COMPLETING /'HIS FORM
Any a(kl l,k(.l /I C011i i17 t7Uil//lll)(1 1/1/1y1 711'1 "/111❑ i' ct7( /I1 RS
DESCRIPTION OF THE ATTACHED DOCUMENT ,lppear, 1/100(• 11/ the ucac7 sccno,l or a scpc.7 1110 Irk, led o/c)i1 /11 / 1/7 ;1s / n�
properly compic/(1 .1/d 111:1chcd n, 1%011 tluc1n/0/;!, 71,o <11fi1 treplion s ;J a
CI-A 1MIT Dttb g. A , AT 1 0 eI - LAT JO 11 1 11/("1 c 0rrcr.1101d 1 7.71 C' IJli/i/rlllr ' ns 1 1 11,(1.111, ;111071,1111V
1 l// m 1
0///< 1 Verbiage,' ff.f1 11101' Lr /,// 1 d (f/ /J 1
/ 1 , 1m1/1t Sp i(nls, us the
t'1 il!c UI dc•se:i 1 11 ofan 3Ch.1 71 <cument)
1 1) 1 /1,17 ( .U1'/ 1;01 l'eg1111l` 7/1. ,/11/711/ 10 0o ...olncihoig 1r ,1t hackidfio o / oim / 1;1
_ � (CC'. c(111/auf` 111c c111o/ c 1 c(/ a II Ih ncl7 / tc tee• c heek the
t Utz NDCi- G u ran] t t� 1 G 1 ff s , f
– _-- rcc,ru ._1 c /ill,�u ,c l laotori nurdnit, (Ind i711101 1,.: kern/ 1
Titic or description of attached document continued)
+ OBI �I o State and County information must be the Star. and County ss here the document
1 2
Number of Pares 5 Document Date s1/ 11(1 1 personally appeared before the notary public Mr aehrtos -It 0srncnt.
Dare of notarization must be the date th.a Ih /0111(1(,/ per/.orally rpperrcd winch
rrrust also be the same lour the ackno■cledOmcrt is cornpL.:icd.
(Additional information) The notary public must print his or her name as it :,1?pc:;aS yc1/1/01 1115 or her
commission followed by a comma 0nd then your /1/10 /1011100 public/.
Print the nan'ie!s) of document stencils/ who pmrson/ail,' appear at the time (ti
uotariratinn.
CAPACITY CI..AIMiED BY 111E SIGNER ,. Indic/ale the correct singular or plural forms by cross:ng off incorrect forms
11,/shc th , - ro re) or (/1c :/1.e the collect forms. 1 ;: it r. io correct!) Ind/cab: this
!! Individual (s)
u for 1/1117 ic•,d to rejection oI document t r .:oil r
Corporate Officer • the notary seal nnprcssicn must be clear and plc 0 ashy c;lty reproducible
Impression must no/ C 117111 te7:7 0 ;arcs. if seal impression smudees. re-seal if a
fT�ilc1 s'ufnc i:nt area ncnmtts, otherwise complete a different a chnora- :drimcut form.
Sienamre of /110 notary public must match the :a:m ture nn the with I/O tol:;ce / 1
P�Irillcl'(S) the county clerk.
AItonley- 111 -Rici • Additions i information is not required but could help to ensure this
Trustee(s) acknowledgment is not misused or attached r 2 dli1070111 000rucm/.
Li Inc tout or pile ;7 )0 0/ n aehect docatnoa nti r i of (a c ri ;e
Other — ._... — l ,1111-11L.111 I ` e a il .ce I/O Ih 1 1
• n,�0cat_ tln it t ./ 031/:0117
corporate officer. indicate the title (i.e CEO. CPfi, ecret1,rvi.
_ — a Sccurcly attach this document to the :i •000 docu0.10
201/11 Version 2. 10.07 (U0 /170<17 NotsryClascs.e.on/