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08. Quitclaim Empire AveoeaFr RESOLUTION N0.09-147 A RESOLUTION OF THE CITY COUr1CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, BLESKOM LLC, 10215 AND 10185 EMPIRE AVENUE, APN 326-<?2-041 AND APN 326-22-042 WHEREAS, Bleskom LLC, a California Limited Liability Company, has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all its rights in and authorizing the City of Cupertino to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, County of Santa Clara, State of California more particularly described as follows: 10215 Empire Avenue, Parcel 2 of Parcel Map 828-M-35 10185 Empire Avenue, Parcel 3 of Parcel Map 828-M-35 NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that tl~e City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regul~~r meeting of the City Council of the City of Cupertino this 15th day of September, 2009, try the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 8-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-22-041 and 326-22-042 10215 and 10185 Empire Avenue, Cupertino, CA 95014 Bleskom LLC, a California Limited Liability Company, hereinafter referred to as the "GRANTOR", this ~ day of ~ U.S~, 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 Clara, State of California, and specifically described as follows: 10215 Empire Avenue, Parcel 2 of Parcel Map 828-M-35 10185 Empire Avenue, Parcel 3 of Parcel Map 828-M-35 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 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. a-z IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. r `~ , Ricky Marian Bleszynski Blf:skom LLC (Acknowledgment and Notarial Seal Attached) 8-3 ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~~ `~ SS. On ~VW L~.~~ oZ,q'~ 2~~before me, ~ ~-~~ ,Notary Public, DATE personally appeared ~'~'~'~~''"""`'r'~'~'~''' ~~5?~/-'15~- ,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. ~, S. SAYERS • COMM.# 1834437 rn ;..~ u NOTARY PUBLIC•CALIFORNIA N ~Y COMMA EXPRFE8~23tt2B13 °~' PLACE NOTARY SEAL IN ABOVE SPACE I 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. ' --~2*~ NOTARY' S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAII~ZED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT ^ INDIVIDUAL ^ CORPORATE OFFICER ^ PARTNER(S) TITLE(s> ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) APA 01/2008 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER t a E F_ W. 0 a F 8-4 NOTARYBONDS,SUPPLIESANDFORMSATHTTP://WWW.VALLEY-SIERRA.COM ©2005-2008 VALLEY-SIERRA INSURANCE