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11. Quitclaim 19112 Tilson Ave RESOLUTIOr1 NO. 09-055 A RESOLUTION OF THE CITY COUl~fCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, PAUL DE CILLIS AND PAULA J. DE CILLIS, 19112 TILSON AVENUE, APN 375-09-001 WHEREAS, Paul De Cillis and Paul:r J. De Cillis, have executed a "Quitclaim Deed and Authorization", which is in good ar:d sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, Cou~ity 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 21st day of April, 2009, by the :following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 1 1 - 1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375-09-001 19112 Tilson Avenue, Cupertino, CA 95014 Paul De Cillis and Paula J_ De Cillis, as Trustees of The De Cillis Family Trust, hereinafter referred to as the "GRANTOR", this I ~'~ 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 "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 Claza, 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 Claza 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 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. 11 -2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: ~~DcR1. ~ ~2 C -o. ~ CL~1 Paul De Cillis //; Paula J. De Cill s (Acknowledgment and Notarial Seal Attached) 11 -3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~~. /~} _ R County of ~~ (__~-Ot.11 ft~_ On ~ ~ I ~ ~ ~ before me, ~ u~(-'I U~ Date personally appeared JULIA KINST teary Puttrlic tCalilornia grata C1»aa Cowsty Comm- 6 ir~a Jan 25.2013 Place Notary Seal Above 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~'~~-- ~Lt-"'~"f~ Signature of Notary Public OPT/ONAL Though the information be/ow is not required by law, it may prove va/uable to persons relying on the document and could prevent fraudulent removal and reattachment 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: Sigr~r'~ Name: ~ Individual Individual O Corporate Officer -Title(s): ~ Corporate Officer -Title(s): O Partner - O Limited O General _ _ _ ~ Partner - O Limited ~ General _ _ _ ~ Attorney in Fact D Attorney in Fact • • O Trustee poi thumb here O Trustee Top o1 thumb here O Guardian or Conservator D Guardian or Conservator O Other: O Other: Signer Is Repres~ng: Signer Is Representing: ®200] National Notary A/s/sociation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2 402 • www.NatlonalNotary.org Ilem N5997 rieorder. Ca11 Toll-Free t-SOO-676-6827 -y _ ~L ~c (~f~S ~~ -4 EXHIECIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED 1N THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 209, AS SHOWN ON THAT CERTAIrJ MAP OF TRACT NO. 550, LOREE ESTATES, UNIT NO. 2, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JANUARY 3, 1949, IN E:OOK 22 OF MAPS, PAGE(S) 4 AND 5. COMMONLY KNOWN AS 19112 TILSON AVENUE, CUPERTINO, CALIFORNIA APN: 375-09-001 11 -5