D-509 Quitclaim Deed and Authorization for Underground Water Rights, 10239 Amelia CT , APN 326-17-063, Reso 11-089 DOCUMENT: 21220960 Pages: 8
I
RECORDING REQUESTED BY Taxes . No Fees es
City of Cupertino 11111
AMT i PA I D
WHEN RECORDED MAIL TO REG I NA ALCOMENDRAS RDE # 009
SANTA CLARA COUNTY RECORDER 6/29/2011
City Clerk's O f f i c e Recorded at the request of 1 1 : 03 AM
City of Cupertino City
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
10239 Amelia Court
APN 326 -17 -063
Kelly Gordon Development Corp., a California Corporation
Original
O For Fast Endorsement
RESOLUTION NO. 11 -087
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, 10239 AMELIA COURT, APN 326 -17 -063
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, Mal- .oney, Wang
NOES: None
ABSENT: Santoro
ABSTAIN: None
ATTEST: APPROVED:
L r _ Kimberly Smith. City Clerk Gilbert Wong, Mayor, City of Cup rtino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326• -17 -063
10239 Amelia Court, Cupertino, CA 95014
Kelly- Gordon Development Corp., a California corporation, hereinafter referred to as
the "GRANTOR ", this / 2 - 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 has executed this instrument the day and
year first above written.
OWNERS:
Brian Kelly, President
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.
WITNE�_ • 1.nd and official seal. X '":' G. JARNAGAN <
C.;,y # 1554739
NOT h,21.IC- CALIFORNIA ch
Signatur— /,► //. 4_ %/1- SANTA C COUNTY
+ -_ " M Y COMM. Exp. JUN. 19, 201";
Name: . arnagan
(typed or printed) (Seal)
G) /gj
•
EXHIBIT A
The land referred to is situated in the County of Santa Clara, (Sty of Cupertino, State of
• California, and is described as follows:
Parcel One:
Lot 2 as shown on that certain Parcel Map, Lands of Kelly Gordon Development Corp., recorded
November 16, 2010 in Book 840 of Maps, at Pages 16-17, Santa Clara County Records.
Reserving therefrom:
Easements for emergency vehide access, ingress and egress, private ingress and egress, public
utilities and private storm drain, as shown on said Map for the benefit of Lot 1 of the above said
Map.
Parcel Two:
Easements for emergency vehicle access, ingress and egress, private ingress and egress, public
utilities and private storm drain, over those portions of Lot 1 as shown on the above said Map.
Parcel Three:
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 John 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 corner 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 land firstly above desaibed; thence along the
Southerly hne 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 Four: •
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:
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 comer of said 0.202 acre tract.
Page l of 2
• Parcel Five:
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, in Book 993 O.R. at Page 591, Santa Clara
County Records, distant thereon South 41° 27' East 366.50 feet from the Southwesterly comer
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 land 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 ba 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 skid last named Southwesterly line North 41°
27' West 16.48 feet to the point of beginning.
APN: 326-17-063
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Page 2 of 2
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"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
May 12 2011, from
10239 Amellia Court
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
June 7 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: June 16, 2011
By:
Kirsten Squarcia
Clerk Sr. Assistant