CC Resolution No. 11-150 Quitclaim Deed and Authorization for Underground Water Rights, 22840 Mercedes Rd APN 342-22-109 RESOLUTION NO. 11 -150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, RAMONA BLVD., INC., A CALIFORNIA NONPROFIT CORPORATION,
22840 MERCEDES ROAD, APN 342 -22 -109
WHEREAS, Ramona Blvd., Inc., a California nonprofit corporation, 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 6th day of September, 2011, by the following vote:
Vote Members of the Citv Council
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
K imberly Smith, City Clerk G ilbert Wong, Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342 -•22 -109
22840 Mercedes Road, Cupertino, CA 95014
RAMONA BLVD., INC., a California nonprofit corporation, hereinafter referred to as
the "GRANTOR ", this 1 day of , 2011, 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 nas executed this instrument the day and
year first above written.
OWNERS:
1 , L ,
- iEl�li�ll!1��
sident S'ge -Ce4o y
(Acknowledgment and Notarial Seal Attached)
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'Exhibit "A" _ •
Legal Description
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All that certain real property situate in the County of Santa Clara, State of California,
described as follows:
(City of Cupertino)
• PARCEL ONE: 1
Parcel "1 ", as shown and delineated on the Parcel Map filed January 23, '1980 in Book 458 of
Maps, Pages 4 -6.
•
, • PARCEL. TWO: .
•
Portions of Sections 292, 293, 294 and 295, as saicl Sections are shown upon that certain •
Map entitled "Map of Inspiration Heights Monts Vista ", filed for. record April 11, 1917, in •
Volume P of Maps, - Page 14, Santa Clara County Records, and .being • more particularly
described as follows:
Beginning at a 3 A inch iron pipe set in the Northerly line of said Section 292 at the Southerly'
common corner for Sections 409 and 410, as said last named Sections are shown on the •-
Map of Inspiration Heights Monta Vista filed for record April 11, 1917, iii Volume P of Maps,
Page 15, Santa Clara County Records, said corner also being the Southwesterly comer- of ? •
that certain 0.098 acre parcel of and conveyed. to Marianist Province -of the Pacific by Deed
recorded January. 25, 1966, In Book 7259 of Offidal Records, Page 79, Santa Clara County
Records; thence from said point of beginning along said Northerly line of Section. 292 South
83° 40' 00" East 1.45.18 feet to the true point of beginning of this description; thence from •
said true point of beginning continuing along said Northerly line and along the Easterly
prolongation thereof South 83° 40' 00" East 59.12 feet to the centerline of Elena Road, as
said Road is shown on said Map; thence along the general Northerly lines of Inspiration
Heights Monts Vista, as shown on said first named Map filed in Volume P of. Maps, Page 14,
and along said centerline the four following courses and distances: .
South 78° 19' 17" East 37.69 feet to a 3 /a inch iron pipe; •
South 29° 12' 00" East 74.60 feet to a 4 inch iron pipe;
South 80° 43' 00" East 63.30 feet to a 3 4 Inch iron pipe; and
North 87° 08'•00" East 67.50 feet to a 3 Inch iron pipe , •
at the most Westerly corner of that certain 0.049 acre parcel of land conveyed to Marianist
Province of the Padfic by. Deed recorded January 25, 1966 In Book 7259 of Official Records, •
Page 78, Santa Clara County Records; thence leaving said centerline along the Southerly ; -
line of said 0.049 acre parcel North 80° 34' 29" East 67.86 feet to a 3 /4 inch ironipe at a
corner of said 0.049 acre in the Southeasterly line of said Elena Road (413 feet wide); thence - •
along said Southeasterly line and along the Northeasterly prolongation thereof North 63° 26' . •
00" East 171.86 feet to a 3 /4 inch Iron pipe at the intersection of said last named line with . .
the Southeasterly prolongation of the Northeasterly line of Section 404, as said last named
Section Is shown on said Map of Inspiration Heights: Monts Vista filed for record In Volume P
of Maps, Page 15, said intersection being the most Easterly corner of that certain 0.046 acre
parcel of land conveyed to Marianist Province of the Pacific by Deed recorded April 25, 1957,
in Book 7703 of Official Records, Page 55, Santa Clara County Records; thence along said •
•
.
,;Southeasterly prolonged line South 31° 20' 00" East'13.30 feet to a 3 /a inch iron pipe;. thence : •
-= leaving•said last named line the eight. following courses.and distances: - - .- . -
. • South 21° 14' 20" West 16.08 feet to a 3/ inch iron pipe; - . • • .
:: r : South 5 2° 23' 52" West 30.08 feet to a 3 /4 inch iron pipe; - - . .
South 62° 45' 19" West 66.51 feet to a 3 /4 inch iron pipe; • • . • .
South 74 15" West 116.06 feet to a / Inch iron pipe; . . -
South 89 °-12' 27" West 177.21 feet to a 3/4. Inch iron pipe; - ,' . • . -
North 21° 08' 19" West 69.07 feet a 3 A inch iron pipe; • . •
• • • North 82° 17' 46" West 66.31 feet to a 3 /4 inch Iron pipe; and •
North 32° 09' 28" West 39.67 feet • • - • .
to the true point of beginning of this description. • ' . .
. • • PARCEL THREE: • • • . .. • .
• A portion of Section 408 and a portion of Section 409 and a portion.of Elena itoad .as Said- : -
'Sections and Road a re shown upon that certain Map entitled "Map:oF Inspiration: eights.: ..:. • • •• -
. ' . Manta Vista" filed • for recor4 April 11; 1917 • In Volume P of Maps, -Page 15;, Santa Clara • . :.. • -: • - •
County Records; arid being more particu larly- described as follows: • - • • • •
Beginning' at a / 'inch Iron pipe set at the Southwesterly corner of said.Section.409,•s.alif: -•
• . • comer also being. the - Southwesterly comer of that certain 0.098 acre parcel of.land • •.'�`. °': : ' :.. ' ; }
....,. - described in' the Deed. to Hertert, et !ix, recorded
a.ary, 1966. in _; -=
_of Of ficial „Rec Page 79, Santa Clara County, Records.; thence.from said pointof ,1-. .' 4 !'''': -. ':'.: : :-: - ' r :: .-- -
' beginning along the Southerly Iines'of said Sections 409 and. 408.,South 83 °:40' 00” Es t :. ' '
145.8 feet, to the true point of beginning : of:t is description,_; thence from saki. true point of
Inning said Sauthetly line-I orth.3z°.09' 28" West..36.09. feekto_a
p set in the Northerly line of that•certairt 0.046 acre parcel of land described in the Deed ,
to. Lucien D. Hertert, et.ux, recorded.April 25, 1967 in Book 7703 of•Official Records, Page• ' •
53, Santa Clara County'Records; thence along said Northerly line�South 83° 40' 00 ".East : .• •
98.60 feet to a 3/4•lnch iron pipe•at the Northeasterly corner of said' 0.046 acre parcel in the • -
- Southeasterly line of said Section 408; thence along said Southeasterly Tine - and along the • - • ' ..
• Southwesterly prolongation thereof South 14° 45' 3:1" West 29.75 -feet to a 3 A inch iron pipe • , - .
• at the Southeasterly'cOrner of said . 0.098 acre parcel in the centerline of. Elena Road ;•as said
centerline is shown on that certain .Map entitled "Map of Inspiration HeightS Monte Vista ".
. • : filed for record April 11, 1917 in Volume P of Maps Page 14, Santa Clara County Records; . _ . •
thence along said centerline being a general Northerly line of Inspiration Heig'hts•Monta• •
Vista filed In Volume P of•Maps; Page 14, North 78° 19' 17" West' 12.71 feet to. the terminus • •
of said centerline; thence along a Northerly line of last mentioned Inspiration Heights' Monte
Vista and•along said Southerly line of Section 408 North 83° 40' 00" West 59:12 feet to the
true point of beginning of this description.
. • Assessor's Parcel Number ; 342 -22 -109 . - . •
Subject .to incumbrances of record done, made or suffered by the Grantor or any ,
person claiming under it (California Civil Code 1113). •
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E.
CALIFORNIA ALL - PURPOSE 1 '
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CERTIFICATE OF ACKNOWLEDGMENTS
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On before Ire,
(Here insert name and title of the officer) It
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personally appeared '
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to i
F the same
the within instrument and acknowledged to me that he /she /they executed th in his /her /their authorized ff
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capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of is '
which the person(s) acted, executed the instrument. I i
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,,t I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph f
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I is true and co ect., AXEL DIAZ i
NOTARY PUBLIC - BRONX COUNTY It
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1 l i WITNE5 m h and official seal.
REGISTRATION NO.02Di6032583
; y MY COMMISSION EXPIRES 1 120 13 t
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i Signature of Notary Public
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