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D-419 Quitclaim Deed, 22661 San Juan Rd APN 342-17-109 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUNLI WATER RIGHTS APN 342-17-109 22661 San Juan Road ,Cupertino, CA 95014 Brett G. Alten and Tomoko Matsumoto hereinafter referred to as the "GRANTOR", this 2 ~ day of ~" `'~ ~ ~ , 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRA.NTEE", 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 t}ie underground basin or any underground strata in the Santa Clara Valley for beneficial u;;e 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 or 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 ~~ny 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 lbind the owner of said lot within said legal description. EXH1EitT A LEG/\t. DESGRI:P'TIQN Real property !n the City of Cupert~lno, County of Santa Clara, State of California, described as folEows: ALL OF SECTIONS 158 AND 174, AND A PORTIOIY OF SECTIONS 159 AND 173, AS SHOWN ON THAT CERTAIN MAP ENTITLED, ^MAP OF INSPIRATION HEIGHTS, MONTA VISTA", RECORDED ON APRIL 11, 1917 iN BOOK "P" OF MAPS AT PAGE 13, SANTA CLARA COt1fYTY RECORDS, AND LYING WITHIN THE CITY OF CUPERTINO, COUNTY OF SANTA CU4RA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOIL+JWS: BEGINNING AT THE SOUTHERNMOST CORNER ttF SAID SECTION 174, SAID CORNER BEING A POINT ON THE CEAfT'ERLINE OF SAN JUAN ROACI AS SAID CENTERLINE IS SHOWN ON SAID MAP OF "INSPIRATION HEIGHTS"; THENCE ALOIVG THE SA?LIT7iEASiERLY LINE OF SAID SECTION 174 NORTH 44° 59' 10^ EAST 164.48 FEET TO THE MOST EASTERLY CORNER THEREOF, SAID CORNER ALSO BEl'NG A POINT 7N THE SOUTHWESTERLY LINE OF SAID SECTION 158; THENCE ALONG SAID SOUTHWESTERLY LINE OF SECTION 158 SOUTH 46° 24' 01^ EAST 24.74 FEET TO THE MOST 90LITtiERlt' CORNER THEREOF; ;"HENCE NORTH 45° 34' 09" EAST 108.55 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE ALONG, THE NORTHEASTERLY LINE OF SAID SECTIONS 158 AAtD 159 NORTH 45° 03' 06" WEST 125.78 FEET TO THE EASTERLY CORNER OF PARCEL "B^ AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 360 OF MAPS AT PAGE 56, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAZD PAF;CEL "B^ SOUTH 45° 02' S4" WEST 275.76 FEET; THENCE SOUTH 28° 33' S2^ EAST 41.27 FEET TO A POINT ON SAID CENTERLINE OF SAN JUAN ROAD; THENCE ALONG SAID CENTERLINE SOUTH 65° 33' SZ" EAST 41.54 FEET TO AN ANGLE POINT IN SAID CENTERLINE; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 43° IS' ~" EAST 21.77 TO THE POINT OF BEGINNING; .AND AS DESCRIBED IN THAT CERTAIN LOT LINE ADJUSTMENT RECORDED SEPTEMBER 11, :2008 AS DOCUMENT NO. 19956528, OFFICIAL RECORDS. .. •- APN: 342-17-086-00 AND 342-17-087-00 QQIE~st~a.~.t':£ti .. ~ '~ i' p~.Y ~ ~~ ~.rl,. -. ~ -~o `~~ I+F0. ~ 205~I7 ~,`,~; .~ ~ ~~ ~r~n x ~= ```-~v civic. _..~*^'.,~.. IN PVT"I'hiESS WI11?REOF, CRt~NTOR has executed this instrument the day and year first abo~•e written. O~VN?RS: Breit G. Alten Tomoko Matsumoto (Ackno~~rlcdgmcnt and Notarial Seal Attached) NM03 1121VlOF1 VIN2f0~l1tl3 iN32l21f1~ U3N3dllt! 33S 3St/3ld CALl~ORN~A ALL-P6JRPOSE ACKMOWLE~GMEN'P State of California County of ~ QI'1.~ On/4ft~ittSYfo'ZS.aG'b~ before me, -~ Vie. personally appeared ~~ 7~ 4r/~'t S-Y-~I --y jJ ~~ r y Pu 6 /. ~ who proved to me on the b"asis of satisfactory evidence to bc, the person(s) whose name(s) id/are subscribed to the within instrument- and acknowledged to me that jaE~fsA~lthey executed the same in his/heF{Eheir authorized capacity(ies), and that by hisA~L~F/fheir signature(s) on the instrument the person(s), or the entity upon behalf of which- the person(s) acted, executed the instrument. KAREN ARIIASTRONG COMM. #1855938 -+ ~ mV c~ I certify under PENALTY OF PERJURY under the laws >-. NOTARY PUBLIC -CALIFORNIA SANTA CLARA COUNTY of the State of California that the foregoing paragraph is "' My Cornet. Fspires June 27, 2013- true and correct. -~. WITNESS my hand d offici seal- Signature Place Notary Saal Above Signature Notary Public OPT/O/VAL Though the information be/ow is not required by law, it may prove va/uab/e to persons relying on the document and cou/d prevent fraudulent remove/ and rea fta~:hment of this form to another document. Description of Attached ;Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: O Individual O Individual O Corporate Officer -Title(s): O Corporate Officer -Title(s): O Partner - O Limited ~ General _ O Partner - O Limited O General _ _ _ _ O Attorney in Fact - O Attorney in Fact O Trustee rop of thumb here O Trustee Top of thumb here ~ Guardian or Conservator ~ Guardian or Conservator D Other. O Other.- Signer Is Representing: Signer is Representing: ®200] National Notary Association-:9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 913Y 3-2402 • www.NetionalNOtaryorg Item #590] Reortler: Call Toll-Free t-600-8]6-682] SCALE; ~ n = 40' PLAT TO ACCOMPANY EXHIBIT A FOR THE PURPOSES OF DEDICATING PLAT TO ACCOMPANY EXHIBIT A 22661 SAN JUAN ROAD, CUPEERTINO, APN: 342-17-086 AND -087 CA RESOLUTION NO. 09-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, BRETT G. ALTEN AND TOMOKO MATSUMOTO, 22661 SAN JUAN ROAD, APN 342-17-109 WHEREAS, Brett G. Alten and Tomoko Matsumoto, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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 shov,n-i 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 15th day of September, 2009, by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wong NOES: None ABSENT: Wang ABSTAIN: None ATTEST: APPROVED: City Clerk Mayor, City of Cup rtino «NO FEE" City of Cu~~ertino 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 pr~~perty conveyed by the deed or grant dated August 25"', 2009, from 22661 San Juian Road to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on September 15`", 2009 and the granteE~ consents to recordation thereof by its duly authorized officer. Dated: September 24, 2009 Julia K t Senior Office Specialist