D-290 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10385 PAULA VISTA RD, APN 357-03-026 RES. 98-250 DOCUMENT: 14464318 Titles: 1 / Pages: 8
Fees. . . .* No Fees
RECORDING REQUESTED BY Taxes. . .Copies. .Copies. .
" wO"14464318A AMT PAID
City of Cupertino
BRENDA DAVIS RDE # 003
WHEN RECORDED MAIL TO
SANTA CLARA COUNTY RECORDER 10/26/1998
Recorded at the request of 2:45 'PM
City Clerk's Office Cit y
City of Cupertino - - - — - - -
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-03-026
10385 PAULA VISTA ROAD
` Original
O For Fast Endorsement
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-03-026
10385 Palo Vista Road
Kevin L. Erwin and Tracy L. Erwin, hereinafter referred to as the "GRANTOR', this 2-6
day of $ 1998, hereby grant, bargain, assign, convey, remise, release and forever
quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to
as'the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and
demand, 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" & `B"
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 or overlying lands in-the said
lots to take from said underground basin within the said lots 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 lots delineated upon the above described map or to
authorize GRANTEE to make any withdrawal of water which will result in damage to any
building or structure erected upon said lots.
Resolution 98-250 attached.
This assignment, conveyance and authorization is made for the benefit of lots within the
above described plat and description and shall bind the owner of said lots within said plat and
description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first
above written.
OWNERS:
w
Kevin L. Erwin
Tracy L.F007m
(Acknowledgment and Notarial Seal Attached)
X H I B T
DESCRIPTION
All that certain piece or parcel of land situate within the City of Cupertino, in the County of Santa
Clara, and State of California, more particularly described as follows:
BEGINNING at the point intersection of the Northerly line of Lot 243, Inspiration Point, Monta Vista,
as shown upon the Map hereinafter referred to with the Westerly line of Palo Vista Avenue, 40 feet
wide as shown upon that certain Map of Tract No. 1113 filed for record in Book 48 of Maps, pages 8
and 9 in the office of the Recorder of the County of Santa Clara, State of California;
THENCE South 00107'West along said Westerly line of Palo Vista Road, 75.00 feet to the Southerly
line of said Lot 243;
THENCE North 89°53'West along the Southerly line of said Lot 243 and the Southerly line of Lots
254A, 242 and 255A, 165,89 feet more or less to the Southwesterly comer of Lot 255A as said Lot is
shown upon the Map hereinafter referred to;
'THENCE North 00°07'East along Westerly line of said Lot 255A, 75.00 feet to the Northwesterly
corner of said Lot 255A.-
THENCE
55A;THENCE North 00107'East to the centerline of El Dorado Avenue as shown upon the Map hereinafter
referred to;
THENCE South 89°53'East along the centerline of said El Dorado Avenue a distance of 165.89 feet to
the Westerly line of said Palo Vista Avenue above referred to;
THENCE South 00°07'West along said Westerly Avenue of Palo Vista Avenue a distance of 20.00 feet
to the Point of Beginning and being a portion of Lots 242, 243, 254A, 255A and all that portion of El
Dorado Avenue abandoned by that certain Resolution and Order Proclaiming the Abandonment of
portions of Bonita and El Dorado Avenues recorded November 14, 1956 in Book 3657 Official Records
at page 494 in the office of the Recorder of the County of Santa Clara, State of California as said Lots
and Avenues have been shown on that certain Map entitled, "Map of Inspiration Point, Monta Vista",
filed for record April 11, 1917 in Book "P" of Maps, page 18, in the office of the Recorder of the
County of Santa Clara, State of California;
Containing 15,759.55 square feet of land, more or less.
This d scriptio as be repared by me.
f "� � �•• �f••yti G
arren E. McDowell, P.E., P.L.S. v ��4
Land Surveyor No..3414
License Expires: June 30, 2000 1 No.3414
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10385 PALO VISTA ROAD
Thip Plat pr pared by me . �b SAND S�9 QUITCLAIM of
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UNDERGROUND WATER
RIGHTS
ARREN E . McD WELL N&9414
License Expires 06-30-2000 . 4 DATE: 09-08-98
7974 PUMPKIN DRIVE s ��.w_..••''o� SCALE: 1 " = 30
CUPERTINO CA 95014 �OF�sL\F PAGE 1 of 1
(408) 257-6210
+ C LIFORNIA ALL-PURPOSE ACKNO1 LEnGMENT
No.S907
State of CALIFORNIA
County of SANTA CLARA P
On
, 11I
� j before me, HIM �° MCI -NOTARY PUBLIC,
DATE NAME.TITLE OF OFFICER-E G..'JANE DOE.NOTARY PUBLIC- '
personally appeared R4 qji Lc)v)� E9_31
NAME(S)OF SIGNER(S)
❑ - OR - .proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) //are
subscribed to the within instrument and ac-
knowledged to me that V/s;`/they executed
the same in I s/fl their authorized
capacity(ies) , and that by t 's'/�Ihheir
HIMAV.MODI11
signature(s) on the instrument the person(s),
Commission# 1183725 Z or the entity upon behalf of which the
z ro� Notary Public-Colifomip g
Z ' " ` Santa Clara County person(s) acted, executed the instrument.
A h Comm. Moy 1 b,X02
a^g.
WITNESS my hand and official seal.
Rju
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the docurnent and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL .8�' Ctal� " 14)
❑ CORPORATE OFFICER � 'jo-ed
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUM ER OF PAGES
❑
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR tI
,❑ OTHER: ' ej
D TE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
(01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Cahoga Park,CA 91309.7184
RESOLUTION NO. 98-250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KEVIN L. ERWIN AND
TRACY L. ERWIN, 10385 PALO VISTA ROAD, APN 357-03-026
WHEREAS, Kevin L. Erwin and Tracy L. Erwin 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 described in Exhibit "A" and Exhibit `B",
attached hereto and made a part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 10385 Palo Vista Road, APN
357-03-026.
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 19t" day of October, 1998, by the following vote:
Vote Members of the City Council
AYES: BURNETT, DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: APPROVED:
/S/KIMBERLY SMITH /S/MICHAEL CHANG
City Clerk Mayor, City of Cupertino
"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 deed, dated September
28, 1998, from:
Kevin L. Erwin and Tracy L. Erwin
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
October 19, 1998, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: October 21, 1998
.
BY
Administrative Clerk
City Clerk's Office
City of Cupertino