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CC Resolution No. 09-202 Quitclaim 22045 Wallace DriveRESOLUTION NO. 09-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, KAREN RADL COC]i~ERILL, 22045 WALLACE DRIVE, APN 326-02-03'7 WHEREAS, Karen Radl, 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 ire 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 15th day of December, 2009, by the following vote: Vote Members of the <~itv Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk ~~ ~e~r/ or, City of Cupert' o QUITCLAIM DEED A1~TD AUTHORIZATION FOR UNDERGROUl`1D WATER RIGHTS APN 32(-02-037 22045 Wallace Drive Cupertino, CA 95014 Karen Radl Cockerill, hereinafter referred to as the "GRANTOR", this ~ day of p~'c- en' ~`- 2009, hereby grants, bargains, assigns, conve~~s, 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 GRA7vTOR 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 nothi~ig contained in this instrument shall be deemed to authorize GRANTEE to enter upori 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Karen Radl Cockerill (Acknowledgment and Notarial Seal Attached.) CALIFORNIA ALL-PURPOSE ACKNO\IVLE~GMENT State of California l\_ l Countyliof ~ ~'T~- ~~ Jy On 1 vZ ~ ~ ~ O ~ before me, ~,"s-1 ~Ai Lam!' /- Date personally appeared ~~~N ~~~ ARCEUA ANIT ESTOESTA ' COm miS5lon # 1674205 i :-® Notary Public -California ~ Santa Clara County Nycornm. E~t®s.h.ui 10.2010 Place Notary Seal Above ~~--~,~ l ,~-.~LI c who Droved to me on the basis of satisfactory evidence to be the person(~j-whose name(Ea~ is/arm subscribed to the within instrument and acknowledged to me that the/tl~y~executed the same in~her/tL~eir'authorized capacity(i®sj"and that by ~isYher/tf~rair~ignature(.r~-~on the instrument the person(~"or the entity upon behalf of which the person(~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of thE~ State of California that the foregoing paragraph is true rind correct. WITNESS hand and official seal.] ~ Signature X~ ~~-~ ,.%-~1 ~ -~lI ~./1~ Signatore of Nota Public OPT/ONAi L Though the information below is not required by law, it may pn~ve va/uable to persons relying on the document and cou/d prevent fraudu/ent removal and reattachment of this form to another document. Description of Attached Document ,Ny ~~ Title or Type of Document: ~~~~-• liCGi.G7n~- ~~ ~ i Document Date:"t~/~i'.~A^1~~^~~ \~~` Signer(s) Other Than Named Above: a~.. Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual rl Individual O Corporate Officer -Title(s): CI Corporate Officer -Title(s): ~ Partner - ~ Limited ~ General _ _ _ CI Partner - C~ Limited C~ General _ _ O Attorney in Fact - LI Attorney in Fact - (~ TfUStee Top of thumb here ~-i Trustee Top of thumb here ~ Guardian or Conservator ~I Guardian or Conservator O Other: ~ I Other: Signer Is Representing: Signer Is Representing: c:~,cw~cw<:w.u~,c~.~-c:~-vw-cw-cw.c:<-c;~;cw-~:«-~.c.~,c.~-c:~.c.-~~c~~c.«;~.c: _-u ac;~c:<f c.~~c:<:c:<-~c.~,r..«:c,c:~.c: -c:=%c>~.c: c_,c;<%c~--c~v-c~.K=r„~.c.^-~;~c'ti`~xc7cz ®2007 National No[ary Association • 9350 De Soto Ave-, P.O. Box 2402 • Chatseorth, CA 913t 3-2402 • www.NationalNOtary.org Item w5907 Reortler. Call Toll-Free bBOD-B766B2J LEGAL DE:9CF2IPTION EXHIF3IT "A" THE LAND REFERRED TO HEREIN BELOW IS S1TI_IATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 2, Block 3, as shown on that certain Map of Tracrt No. 801, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of Cz~lifornia on April 9, 1951 in Book 33 of Maps, Page(s) 16 and 17. APN: 326-02-037