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16. Quitclaim Deed 10212 N. De Anza BlvdDRAFT RESOLUTI01v N0.09-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATIOI`1 FOR UNDERGROUND WATER RIGHTS, 10212 NORTH DE ANZA, LLC, 10212 NORTH DE ANZA BLVD., APN 316-26-088 WHEREAS, 10212 North De Anza, LLC;, a California Limited Liability Company, 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 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: APPROVED: City Clerk Mayor, City of Cupertino 16-1 QUTTCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316-26-088 10212 North De Anza Blvd. Cupertino, CA 95014 10212 North De Anza , LLC, a California Limited Liability Comuany hereinafter referred to as the "GRANTOR", this ~d day of ~ JV • , 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: SEE ATTACHED EXHIBIT "A" 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 of 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. ~s-z IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. (Acknowledgment and Notarial Seal Attached) 16-3 OWNERS: .. .'. ... .. - .... .. .. .. .. s ... .... - 'l __ BEGINNING AT A POINT IN THE CENTER LINE OF SARA70GA-MOUNTAIN VIEW ROAD, AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DISTRIBUTED TO LOUIS PAVISO, BY DECREE OF DISTRIBUTION ENTERED MARCH 27, 1906, IN THE SUPERIOR COURT OF THE COUNTY OF SANTA CLARA, IN MATTER OF THE ESTATE OF ]AMES THOMAS, DECEASED, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED MARCH 27,1908, IN VOLUME 330 OF DEEDS, AT PAGE 276; RUNNING THENCE NORTHERLY ALONG THE CENTER LINE OF THE SARATOGA-MOUNTAIN. VIEW ROAD, 90 FEET; THENCE EASTERLY AND PARALLEL•WITH THE SOUTHERLY LINE OFTHE ABOVE MENTIONED PARCEL DISTRIBUTED TO PAVISO, 70 YARDS TO THE EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG 5AID . EASTERLY LINE, 90 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOf, 70 YARDS TO THE POINT OF BEGINNING. ~ • EXCEPTING THEREFROM THE REAL PROPERTY BEGINNING AT A POINT IN THE CENTER LINE OF SARATOGA-MOUNTAIN VIEW ROAD, AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DISTRIBUTED TO LOUIS PAVISO, BY DECREE OF DISTRIBUTION ENTERED MARCH 27, 1908, IN THE SUPERIOR COURT OF THE COUNTY OF SANTA CLARA, IN THE • MATTER OF THE ESTATE OF ]AMES THOMAS, DECEASED, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED MARCH 27, 1908, IN VOLUME 330 OF DEEDS, AT PAGE 276; i RUNNING THENCE NORTHERLY ALONG THE CENTER LINE OFTHE SARATOGA-MOUNTAIN VIEW ROAD, 90 FEET; THENCE EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF THE ABOVE MENTIONED PARCEL DISTRIBUTED TO PAVISO, 70 FEET THENCE SOUTHERLY ~ AND PARALLEL TO THE EASTERLY LINE OF THE ABOVE MENTIONED PARCEL 90 FEET TO THE _ SOUTHERLY LIN E THEREOF, WESTERLY 70 FEET TO THE POINT OF BEGINNING. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _,~j ~#'o~ (~-O-~A- On I ~ ~ ~-'~ ~~ before me, ~~~tl..r~ ILA ~1s r` N v 1~1~-~ (aU.G~aG, Date Here Insert Name an Tale of the Officer personally appeared S Gy ~ W ~.l,~.l~t~•..~ ~ ~ a-u-fZ Name(s) of Signer(s) JULtA KlNST ~ ~ 1633129 pogrr Wlik - Chi S~q CEus Counh - ~~. Jsn 25.2Q13 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name(,s~is/,~ subscribed to the within instrument and acknowledged to me that he/sb~/tip executed the same in his/h~f/th~ifauthorized capacity(i~, and that by his/her/their signaturess~)'on the instrument the person(; or the entity upon behalf of which the person~s'J 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. WITNESS my hand and official slea~l. , Signature ~"`~~~ Signature of Notary Public OPTIONAL 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: (`~ lu--rc~-~-~ ;~ ,LQ ~ AT` Uv~cQ1~V-p~__~~~~-c..~- x V Document Date: ) t ~ ~~ ~ 9 Number of Pages: 3 ~}•1°r1/ 316-2rp Signer(s) Other Than Named Above: ____ N ~_ /h ~ ~ pi 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 R Signer's Name: ^ Individual ^ Corporate Officer -Title{s): ^ Partner - ^ Limited ^ Ger ^ Attorney in Fact ^ Trustee ^ Guardian or Conser for ^ Other: Signer Is IOh~- o~ ~~2~ ~ c Top ofC,;,;~,__. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 97313-2402 • www.NationalNotary.org Item p5907 Reorder: Call Toll-Free t-800-876-6827 16-5