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CC Resolution No. 09-186 Quitclaim 10212 N. De Anza Blvd.RESOLUTIOl~" N0.09-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION 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 Authorizatio~i", 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; a.nd 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: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROV C /1^') City Clerk 1 `~-~ Mayor, City of Cupertino QUITCLAIM DEED ANII AUTHORIZATION FOR UNDERGROUNDS WATER RIGHTS APN 316-".6-088 10212 North De Anza Blvd. Cupertino, CA 95014 10212 North De Anza , LLC. a California Linnited Liability Comnany hereinafter referred to as the "GRANTOR", this o~c~ da.y of Iy c1V • , 2009, hereby grants, bargains, assigns, conveys, remises, releases anct 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 iii expectancy of the GRANTOR as owner of that certain real property situate in the Count3~ 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 us~~ upon the lands overlying said underground basin, and GRANTOR hereby irre~rocably authorized GRANTEE, its successors and assigns, on behalf of the GRAN7~OR 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 GRAJVTEE 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. (Acknowledgment and Notarial Seal Attached) (~VVNF.R ~~ ~ocwm69r 6EGINNING AT A POINT IN THE CENTER LINE OF SARATOGA-MOUNTAIN VIEW ROAD, AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DISTRIBUTED TO LOULS 1 PAVISO, BY DECREE DF DISTRIBUTION ENTERED MARCH 27, 1908, IN THE SUPERIOR ., COURT OF THE COUNTY OF SANTA CLARA, IN MATTER OF THE ESTATE DF TAMES THOMAS, DECEASED, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED MARCH 27, 1908, IN ~. VOIUME 330 OF DEEDS, AT PAGE 27b; RUNNING. THENCE NORTHERLY ALONG THE CENTER LINE OF THE SARATOGA-MOUNTAIN. VIEW ROALI, 90 FEET; THENCE EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF THE 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 ATA POINT IN THE CENTER LINE OP SARATOGA-MOUNTAIN VIEW ROAD, AT THE :iOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DISTRIBUTED TO LOUIS PAYI:~O, BY DECREE OF DISTRIBUTION ENTERED MARCH 27, 3908, IN THE SUPERIOR COURT OF 7'HE COUNTY OF SANTA CLARA, IN THE MATTER Of THE ESTATE OF ]AMES THOMAS, DE~:EASED, A CERTIFIED COPY OF WHICH ` ~ DECREE WA5 RECORDED MARCH 27, 1908, IN Yt)LUME 330 OF DEEDS, AT PAGE 276; . 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 l~0 PAVISO, 70 FEET THENCE SOUTHERLY AND PARALLEL TD THE EASTERLY LINE OF THE ABOVE MENTIONED PARCEL 90 FEET TO THE SOUTHERLY LINE THEREOF, WESTERLY 70 FEET'TO THE POINT OF BEGINNING. , CALIFORNIA ALL-PURPOSE ACKNOVWLEDGMENT State of California County of ~~G~-a- C~-/~0~-- On (~ ~ ~''~ ~ ~ before me, l,t,Lt i~ tL~ X15 T , N ~ ~IQ- ~ (PZ(~j•[.1~ Date , Here Insert Name an Title of the Officer ' personally appeared S Gy ~ W ~-1-~(~+~ ~ ~~-f'Z Name(s) of Signer(s) JULIA KfNST ~ #-1839129 No4rT PrMk ' C c.~ ~ ~s who proved to me on the basis of satisfactory evidence to be the person(~whose name(,~is/~ subscribed to the within instrument and acknowledged to me that he/sbE7tf~fi executed the same in his/h~F/th~iFauthorized capacity(i,e~, and that by his/her/their signature~on the instrument the person(; or the entity upon behalf of which the personf,,a'J acted, executed the instrument. I certily under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNI_SS my hand and official seal. Place Notary Seal Above Signature ~'~`~'' Signature of Notary Public OPT/ONA1: 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 reattachmeant of this form to another document. Description of Attached Document Title or Type of Document: ;11.1--rc~t7l~,...~ ~~~ ~r 11~~L-V'~~~V7J1r~~ ila~'~.Ir- Z ~ Document Date: 1 1 ~-'~ Q 9 Number of Pages: 3 ~j1/ 316-~ Signer(s) Other Than Named Above: N I ~ ~ ~ p~ 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 Representi Signer's Name: ^ Individual ^ ~~orporate Officer -Title(s): ^ 'artner - ^ Limited ^ Ger ^ ,4ttorney in Fact / ^ -trustee ^ Guardian or Col ^ Other: Signer Is Top of thumb here m2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131;'.-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827