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CC Resolution No. 09-081 Quitclaim Deed, 18848 Loree AveRESOLUTION- N0.09-081 A RESOLUTION OF THE CITY COUN(~IL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MARY E. BENNETT, 18848 LOREE AVENUE, APN 375-15-018 WHEREAS, Mary E. Bennett 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 situated in the City of Cupertino, more particularly described sus follows: All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, as shown in t:he attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendere;d; 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 2"a day of June, 2009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the (~ity Council Mahoney, Sandoval, Santoro, Wang, Wong None None None City Clerk APPROV D: //'"~ Mayor, City of C ertino QUITCLAIM DEED AN]D AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375-15-018 18848 Loree Avenue, Cupertino, CA 95014 Marv E. Bennett. trustee of the Bennett Familv Trust. hereinafter referred to as the "GRANTOR", this ~~ ~` day of ~_, 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to a:~ 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 t17e 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 saki 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 nothin€; 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 ~~tructure 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, GRANTOF: has executed this instrument the day and year first above written. iTATE OF IOAHO, COUNTY OF , On this- ~~ --+-daY c~T ` ~ 1o O ~l ~etaa ms, a nWlry piltlr in srd fot Mld N~1i PM~~Y ~ppsarsd (~1a~~ E. i~c' n v~ e fit' tr~~ to ~ ~ ann. ~. >ubscribsd to iM wNhln MnstrwMM, antl d~q.l~at~ to nta hat 4~-- MaE~Md 11M aMM. 1~~___ NotSMy PuDMc ~esidiag at Ea`~m~fi k- ' ` ~dNu! nrnrn. Exphes ~-~ i/~ t_~n_. ~1 ~ Zl:, rj OWNER: /` Mary ennett (Acknowledgment and Notarial Seal Attached; EXHI~~IT A REAL PROPERTY in the City of Cupertino, County of Santa Claza, State of California, described as follows: Lot 74, as shown on the Map of Tract No. 100~~, which Map was filed for record in the Office of the Recorder of the County of Santa (;laza, State of California on September 10, 1952 in Book 40 of Maps, at Pages 29 and 30. Commonly known as: 18848 Loree Avenue, Cupertino, California 95014 APN: 375-15-018