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CC Resolution No. 10-050 Quitclaim Deed and Authorization for Underground Water Rights, 10123 Berkshire Court, APN 342-12-104
RESOLUTION NO. 10 -050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, BERNARD P. MURPHY AND YVONNE M. MURPHY, 10123 BERKSHIRE COURT, APN 342 -12 -104 WHEREAS, Bernard P. Murphy and Yvonne M. Murphy, 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 regular meeting of the City Council of the City of Cupertino this 16th day of March, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk i ;o�yor, City of Cuperti 4 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342 -12 -104 10123 Berkshire Court, Cupertino, CA 95014 Bernard P. Murphy and Yvonne M. Murphy, husband and wife, as community property with right of survivorship, hereinafter referred to as the "GRANTOR ", this day of ; , 2010, 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 Df 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Bernard P. Murphy Y J k. ` _ Yvonne . Mu • h y ,. (Acknowledgment and Notarial Seal Attached') CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ,5 t cc-. On Feb 3, „POW before me, k pr f4Qrle c- rn7 -/ -h Date Here Insert Name and Title of the Officer personally appeared 8 e (no re)PMe. rph -cf a rid Wv'Cr'ti? Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -+s /are subscribed to the withir instrument and acknowledged to me that KIM MARIE SMITH kefelrs /they executed the same in hi&9er /their authorized Commission # 1867298 capacity(ies), and that by tis> hef /their signature(s) on the ` ' Notary Public 'California z = instrument the person(s), or the entity upon behalf of u Santa_Ciara Cou mp = p erson Y P Co. Exis Nov 1. 2013 which the person(s) acted, executed the instrument. I cert fy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a.nd correct. WITNESS my hand and official seal. Signature �' Place Notary Seal Above Signature of Notary ublic 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 TT Title or Type of Document: GUI fief a' i vn D e 8t Pro-hG ri 2d(- GM -rOlr on o f e r9 ( LCD Pf{ ��iy' Document Date: Number of Pages: J Signer(s) er Than Named Above: Capacity(ies) Claim by Signer(s) Signer's Name: S gner's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): �[ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT „ Partner — ❑ Limited ❑ General RIGHTTNUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ A in Fact OF SIGNER ❑ Trustee Top of thumb here [, Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Coniservat ❑ Other: ❑ Other: Signer Is Representing: S gner Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800 -876 -6827 Exhibit A The Land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: Lot 9, as shown on that certain Map entitled, Tract. No. 8016, which Map was filed for record in the Office of the Recorder of County of Santa Clara, State of Califomia on May 21, 1987, in Book 574 of Maps, Page(s) 14 and 15, - APN: 342 -12 -104 - -