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19. Quitclaim 916 Candlewood DraRSaFr RESOLUTIOr1 NO. 10-013 A RESOLUTION OF THE CITY COUI\~CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MONIQUE E CAItUTH AND CEDRIC D CARUTH, 916 CANDLEWOOD DP:IVE, APN 369-19-022 WHEREAS, Monique E Caruth and Cedric D Caruth, have executed a "Quitclaim Deed and Authorization", which is in good acid sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, Cowity of Santa Clara, State of California, to extract water from the underground basin, un~~erlying 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 recoxd 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 19th day of January, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 19-1 QUITCLAIM DEED AvD AUTHORIZATION FOR UNDERGROUT~ID WATER RIGHTS APN 36!3-19-022 916 Candlewood Drive: Cupertino, CA 95014 Monique E Caruth and Cedric D Caruth, `Nife and Husband, 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 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 a;~ 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 GRA':~ITOR 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 upor.~ 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 of 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. 19-3 " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ ~n ~ ~~`~' ~ On `~.~in . 21,~t~`~ Qatt; personally appeared GRACE SCHMIDT Cammisslon # 1720127 Z ~ -r Notary Public -California Santa Clara County My Comm. Expires Feb 21, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j~/are subscribed to the within instrument and acknowledged to me that /~Se/they executed the same in hr/their authorized capacity(ies},-and that by hi~/h~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons} 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 officials I. 1 Signature Plaoe Notary Seal Above 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 Attache Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Ciaimed by Signer(s) Signer's Name: ^ Individual D Corporate Officer - Titles}: - D Partner - D Limited D General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Signer's Name: D Individual ^ Corporate Officer-Title(s): D Partner - ^ Limited ^ General D Attorney in Fact D Trustee O Guardian or Conservator O Other: Signer Is Representing Top of thumb here ®2007 National Notary Assoaatron •9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 3 3 3-2402 • www.NationalNolaryag tfem 95907 Reader: CatlToll-Free 1-80076-6927 19-4 l u Number of Pages: f it IN WITNESS WHEREOF, GRANTC-R has executed this instrument the day and year first above written. ~JWNERS; i 1vlonique E Caruth (~edric D Cazuth (Acknowledgment and Notarial Seal Attached) 19-5 E~HtBI'f' ~A" LEGp-!. DESCRIPTI~7N SOT B8r AS SH4~7N 4N SHE MAP E~Y1'I~L'Si7 ~T ~ 2562 [:AST3~~Q~D . T~~' I~SB 2, R~CORDF~ ~E;P~t 2, 19$9, II~T HOAR 111 OF MAPS, i}A,1~ tS) 34 .~2iF? 35. 19-6