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11. Quitclaim 10650 Santa Lucia RdDR,4FT RESOLUTIO]v N0.09-181 A RESOLUTION OF THE CITY COUTICIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AiJTHORIZATION FOR UNDERGROUND WATER RIGHTS, JOSHUA RICHARDSON AND SHABNAM RICHARDSON, 10650 SANTA LUCIA ROAD, APN 342-16-035 WHEREAS, Joshua Richardson and Shabnam Richardson, have 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 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 special meeting of the City Council of the City of Cupertino this 30th day of November, 2009, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 11-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-16-035 10650 Santa Lucia Road, Cupertino, CA 95014 Joshua Richardson and Shabnam Richardson, husband and wife as community roe hereinafter referred to as the "GRANTOR", this I 1 day of 1V c vPn1b-t.g~ 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 EXI~BIT "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 of overlying lands in the said lotto take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands maybe 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 loi delineated upon the above described Iega1 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, GRAN'T`OR has executed this instrument the day and year first above written. 0 WNERS -t~ Joshua Richardson Sl abnam Richardson 1 (Acknowledgment and Notarial Seal Attached) 11 -3 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: BEGINNING AT A POINT IN THE CENTERLINE OF SANTA LUCIA ROAD 4D FEET WIDE DISTANT THEREON NORTH 44° 54' 30" WEST 451.53 FEET; FROM THE INTERSECTION THEREOF WITH THE CENTERLINE OF MERRIMAN ROAD, FORMERLY ALHAMSRA ROAD, 40 FEET WIDE; THENCE ALONG THE CENTERLINE OF SANTA LUCIA ROAD, NORTIi 44° 54' 30" WEST 81.53 FEET TO A 3/4 INCH IRON PIPE; THENCE LEAVING SAID CENTERLINE OF SANTA LUCIA ROAD, NORTH 45° D5' 30" EAST 50.00 FEET TO A 3/4 INCH IRON PIPE; Ti1ENCE NORTH 64.79 FEET TO A 3/4 IROIt PIPE; THENCE SOUTH 89° 40' EAST 146.85 FEET TO A 3/4 INCH IRON PIPE; THENCE SOtTfH 76.07 FEET TO A 3/4 INCH IRON PIPE; THENCE NORTH 89° 4D' WEST 73.43 FEET TO A 3/4IRON PIPE; THENCE SOllrH.45° 05' 30" WEST 92.33 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOTS 84, BT AND 88 AND ALL OF LOT 108 MAP OF INSPIRATION HEIGHTS, MONTA VISTA, FILED ON APRIL 11,1917, IN BOOK P OF MAPS, PAGE 13, SANTA CLARA COUNTY RECORDS, AS SHOWN UPON THE MAP OF RECORD OF SURVEY FILED ON SEPTEMBER 3,1953, IN BOOK 45 OF MAPS, PAGE 16, SANTA CLARA COUNTY RECORDS. 11-4 CAL9F~3R~~A ALL-h~6J~P~SE ACKPB®Wl.E~~a1V~ETi3 ~~~`w..."C^„„"f'^c^~=,~ '-`C~~.~^!„`^,tf'~f`,^,C`r."C`,N..i=~C'.t~•~,.~,".~-~."C,~"~^C-~^C'.,c~..c~:~.C'f`~..~7.iv~C~`(`,c~!.,c~C..Gt~^..=;C..~~^:~;lw^f..C`-C:.+~r:~=~.,C~c3C;C.,~~ State of California County of ~~~ ~-~'-~ On j~ot'i,:~~1Bi`~2. ~ ~`"~00~ before me, ~:,~..sl.~. k _ ~~.~,~,', ,,,.~-, ;-~.~j ~,,,,~.-;:,, Date Here lnser3 Name and Tit of tha Officer personally appeared -1'o~t-~ ~~ ~iGrf~'--~~,y ,ctT~ ~: SH~3'~,~,'~ ~ i~~~>g-4,~s~N Name(s) of Signer(s) ' who proved to me on the ijasis of satisfactory evidence to be the person() whose named ~/are subscribed to the within instrument- and acknowledged to me that faa~e/they executed the same in r/their authorized capacity), and that by ,ir/their signature s~ on the oAKSHa K ParE~ instrument the person(}, or the entity upon behalf of > COh~M. #1349622 -, which the person( acted., executed the instrument. " NOTARY PUBLIC • CALIFORNh1 ~ ' SANiA CLARA COUNiY ' fdYComm.cxpiresldayt7,2013 f 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 sear(. Signature ~~ c~~ Place Notary Seal Above Signa a of Notary Public OPTIQIVAL 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 anofher document Description of Attached ;Document Title or Type- of Document: G'. \.t I ~~~ ~='_~;ice ~1~F1-1. ~~! r?-v h-.oM zr:~~ ~~ ~~v~. V1~t d,.cti~i ~o~~,~~ (,.~c;,w. {~r~ III Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ^ Individual ^ Individual ^ Corporate Officer -Title(s): ^ Corporate Officer -Title(s): ^ Partner.- ^ Limited ^ General , C I__: ^ Partner - ^ Limited ^ General _.- -I~ ^ Attorney in Fact ^ Attorney in Fact.,. •' ~ ~_' O Trustee ~ ~ rop or thumb Here ^ Trustee Toy or crumb Her= ^ Guardian'or Conservator ^ Guardan or Conservator ^ Other: ^ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary AssocaGon •.9350 De Soto Av>_., °O. Box 2402 • ChatswoRh, CA 91313.2402 • vrww.NationalNo'ary.org Item 5907 Reorder. Call Toll-Free 1-800-b76-6827 11-5 _~ ~ ~ :~t» _~. - ,~~, ~~~ (.._ ^: ~- ~ -_ a rK ` ~ ~ . ,5 6 - 7F `~ r ~.~.". ~ " ~i 2 _ .-, 7 .~ ~., _'~.e 7'i ., f~»:», ~ "?t ~r ~ ~ ~ 7o~5r~~ ~ ,~~i.,, fi 2..439 _ + ~ ~ y -_3-, X02 ,.~~~ ~ ~ Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water ~'~ ~~~~,'~' ~, Rights, Joshua Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN ~~,~ ~' ~ I ^ 342-16-035, Resolution No. 09- ~ ~; ~ ~' ~~ ~~;,_ ~-~ 1 ~ ~ e'G~ _ { ~ e ~~~ ~' The property owners of this residential development agree to grant to the City the right to ~yF~~ '-~ ~Y `~~''` extract water from the basin under the overlying property. r~~~, ~~ ti ~ x~t ~ . .- ~ .. '~" ~ ~ V . ... /j'Q ~. s~ ., °:~ ~i1~ _ . `'~ _ _. f- l~ ,'' 4,..~ ~ 2260D ~,~.~ ~ ~r, r .. ' '22c84 pf'i~ ~~ li ~ ~ r. *.~n ~ d ~„ ~" ., 4_ ~ ti F