CC Resolution No. 11-089 Quitclaim Deed and Authorization for Underground Water Rights, 10231 Amelia Court, APN 326-17-062 RESOLUTION NO. 11 -089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, KELLY - GORDON DEVELOPMENT CORP., A CALIFORNIA
CORPORATION, 10231 AMEL]IA COURT, APN 326 -17 -062
WHEREAS, Kelly- Gordon Development Corp., has 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 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Chang, Mahoney, Wang
NOES: None
ABSENT: Santoro
ABSTAIN: None
ATTEST: APPROVED:
�Z
Kimberly Smith, Cit Cler Gil ert Wong, Mayor, City of Cu ertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326 -17 -062
10231 Amelia Court, Cupertino, CA 95014
Kelly- Gordon Development Corp., a California corporation, hereinafter referred to as
the "GRANTOR ", this /o-- day of 7 , 2011, hereby grants, bargains.
assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred to as the "GRAN 1'EE ", 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 front 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:
Brian Kelly, Presidadt
Kelly- Gordon Development Corp.,
a California corporation
(Acknowledgment and Notarial Seal Attached)
State of California
County of Santa Clara
On 12th day of May, 2011 before me, G. Jarnagan a Notary Public, personally appeared Brian Kelly, 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 he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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.
G. JARNAGAN
WITNESS my hand and official seal. rr � b , �`C "1 1 . # 1o4739
w F�'�, ti !NOTARY i'L lC- C,L!FORNIA �(
i �� .. SANTA CLARA COUNTY
Signat- e: LIB %��___ - <_�
:?+ Mr CoMM. Exp, JUN. 19, 2013 '
Name: G. Jarnagan
(typed or printed) (Seal)
GJ /gl
•
EXHIBIT A
The land referred to is situated in the County of SErnta Clara, City of Cupertino, State of
California, and is described as follows:
Parcel One:
Lot 1 as shown on that certain Parcel Map, Lands of Kelly Gordon Development Corp., recorded
November 16, 2010 in Book 840 of Maps, at page 16 -17, Santa Clara County Records.
RESERVING THEREFROM an easement over the private street for vehicular and pedestrian
ingress and egress and for utilities, incuding the right of access, as set forth in that certain
document recorded August 19, 2010 under Recorder's Serial Number 20825526, Official
Records of Santa Clara County.
Parcel Two:
An easement over the private street for vehicular and pedestrian ingress and egress and for
utilities, including the right of access, as set forth in that certain document recorded August 19,
2010 under Recorder's Serial Number 20825526, Official Records of Santa Clara County.
Parcel Three:
Easements for emergency vehicle access, ingress and egress, private ingress and egress, public
utilities and private storm drain, as shown on said Map as described in Parcel One above.
• Parcel Four:
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 certain 10.06 acre tract of land
described in the Deed from Amasa Eaton Company, a corporation, to Sohn A. Chuk, dated
August 3, 1940, recorded August 17, 1940, in Book 993 O.R. Page 591, Santa Clara County
Records, distant thereon South 41 °27' East 366.50 feet from the Southwest comer of said
10.06 acre tract, and running thence from said point of beginning North 1 °08' West 426.61 feet
to the Southeasterly corner of the parcel of and firstly above described; thence along the
Southerly line thereof North 83 °17' West 20.19 feet, thence parallel with and 20 feet Westerly
at right angles from the first course of this description South 1 °08' East 324.10 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 point on the Southwesterly line of said 10.06 acre tract running
thence along said Southwesterly line South 41 °27' East 112.63 feet to the point of beginning.
Parcel Five:
A right of way for road purposes over a strip of land 20 feet in width, the Westerly line of which
is described as follows:
Page 1 c1f 2
Beginning at the Northernmost comer of that certain 0.202 acre tract of land described in the
Deed from W. L. Stapp, et al, to L W. Northon, et: ux, dated January 8, 1943, recorded January
15, 1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence from said point
of beginning South 1 °08' East 132.58 feet to the Southwesterly corner of said 0.202 acre tract.
Parcel Six:
An easement for the purpose 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 3, 1940, and recorded August 17, 1940, it Book 993 O.R. at Page 591, Santa Clara
County Records, distant thereon South 41 °27' 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 comer of that certain 0.202 acre tract of and described in the Deed from
W. L Stapp, et al, to L. W. Northon, et ux, dated .January 8, 1943, and recorded January 15,
1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence along the Southerly
line of said 0:202 acre tract; thence South 85 °00' East 20.12 feet to an iron pipe; thence
running South 1 °08' 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, thence South 31 °56' East 35.79 feet to an iron pipe, thence South 10 °12' West 38.89 feet
to an iron pipe on the Southwesterly line of 10.06 acre tract so described in the Deed to John A.
Chuk above referred to; thence along said last nained Southwesterly line North 41 °27 West
16.48 feet to the point of beginning.
APN: 326 -17 -062
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