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CC Resolution No. 10-054 Quitclaim Deed and Authorization for Underground Water Rights, 10128 Lebanon Drive, APN 342-14-023 RESOLUTION NO. 10 -054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, CAROLA V. ELLIOTT, 10128 LEBANON DRIVE, APN 342 -14 -023 WHEREAS, Carola V. Elliott, 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 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 ( . .r, City of Cupe o QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342••14 -023 10128 Lebanon Drive Cupertino, CA 95014 Carola V. Elliott, hereinafter referred to as the "GRANTOR ", this c t day of HAW/ /0 , 2000, 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 is 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 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 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: ( 66 4' ( ee/ Carola V. Elliott (Acknowledgment and Notarial Seal Attached) • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ya.!:�.!a.!.���5� ..�Z�.,�. �, •�.���.Y_-�'_5.�- �_'.�C��.'��.• ,• .•. _.•�.c�_':�:�a.�.�� �� 4�5✓_�.�a.- �:�:�: Z .!aa�4�� ��� State of California County of Clg-'IT�, On 1 J10 before me, 6:71.9,6,j/ 5 LVI'vi. A) 9 C , Date Here Insert Name and.7iltle of the Officer ' C personally appeared a F 1 1 � ` l, Name(s) of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(g) whose name(') is /(e subscribed to the within instrument and acknowledged to me that GRACE SCHAt10T I /she /th f executed the same in higher /tt fr authorized .►`. Commission it 1720127 capacity(i ), and that by hj /her /t$'eir signature(�s') on the 4r'.� % "li Notary Public - California I instrument the person(%), or the entity upon behalf of -- -,,7 :1 4 , ) Santa Clara County which the person(. acted, executed the instrument. -,' My Comm. Expires Feb 21, 2011 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 s al. Signature C_C. 11A -14L Place 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 Attached Document Title or Type of Docume t: IA , 11 LL Document Date: nib b D Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual LI Individual ❑ Corporate Officer — Title(s): LI Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT D Partner — ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER CI Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here CI Trustee Top of thumb here ❑ Guardian or Conservator CI Guardian or Conservator ❑ Other: El Other: Signer Is Representing: Signer Is Representing: 6 ,,,,,, ✓..''% w'st✓.1✓4o5 a "�' . sm . y . 6 tv. y6' .'✓ S 4.'vv✓',y:'y '.1Axv. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91:13 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 EXHIL►IT A Lot 4, Block 2, Tract No. 991 Carolyn Gardens Map No. 1, filed May 12, 1952 in Book 36 of Maps, at page 53, Santa Clara County Records.