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CC Resolution No. 09-055 Quitclaim Deed 19112 TilsonRESOLUTION N0.09-055 A RESOLUTION OF THE CITY COUNC;IL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGF[TS, PAUL DE CILLIS AND PAULA J. DE CILLIS, 19112 TILSC-N AVENUE, APN 375-09-001 WHEREAS, Paul De Cillis and Paula J. De Cillis, have executed a "Quitclaim Deed and Authorization", which is in good ands 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 shov~m 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 fi~llowing vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the (:ity Council Mahoney, Sando~~al, Santoro, Wang, Wong None None None City Clerk APPROVED: ~--, yor, City o upertino QUITCLAIM DEED Ar1D AUTHORIZATION FOR UNDERGROUI`fD WATER RIGHTS APN 37~~-09-001 19112 Tilson Avenue, Cupertino, CA 95014 Paul De Cillis and Paula J. De Cillis, as Tru~.stees of The De Cillis Family Trust, hereinafter referred to as the "GRANTOR", this ) ~-f 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 propc;rty situate in the County of Santa Clara, State of California, and specifically described as follows: SEE A'I'TACHEI~ EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial rise upon the lands overlying said underground basin, and GRANTOR hereby in•evocably authorized GRANTEE, its successors and assigns, on behalf of the GRAr1TOR 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 sucL: 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: ~~ u V ' Lon ~ ~ .~ 1 Paul De Cillis ~ ~ ~ ` , ~, ~~~ ~ ~~ Paula J. De Cill's (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKN01iNLEDGMENT State of California County of ~t~. On ~ (i I ~ I before me, ~ ~~t i~ i~ l N S ( N 0 ?1~~'`- ~ ~LL-~'L-C(' Date ~ ,, Here Insert Name afnld itle of the Officer personally appeared P~i {~- C-t_ ~ ~ (S ~"^'~ r ~-lrl-~-~ '~ - ~ ~- (~f -~ Name(s) of Signer(s) JUt{A K{NST Conroiss+on # 1033129 Ibtory Pubtic - CalHornis Santa Clrs Coul~• 2013 Comm. 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/sr)e/they executed the same in his/her/their authorized capa~ity(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. WITi"~ESS my hand and official seal. Place Notary Seal Above Signature ~- ~-"~'~~ Signature of Notary Public OPTION~~L Though the information below is not required by law, it may prove valuable 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) Signer's Name: ^ Individual ^ Corporate Officer-Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Number of Pages: Name: ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: ~~igner Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 EXHI~~IT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 209, AS SHOWN ON THAT CERTAII`1 MAP OF TRACT NO. 550, LOREE ESTATES, UNIT NO. 2, WHICH MAP WA~~ 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