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CC Resolution No. 10-055 Quitclaim Deed and Authorization for Underground Water Rights, 10735 Pinole Court, APN 369-34-019 RESOLUTION NO. 10 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, DANIEL R. COOK AND KELLY U. DAO, 10735 PINOLE COURT, APN 369 -34 -019 WHEREAS, Daniel R. Cook and Kelly U. Dao, 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 : yor, City of Cupe o QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 369 -34 -019 10735 Pinole Court, Cupertino, CA 95014 Daniel R. Cook and Kelly U. Dao, husband :ind wife, hereinafter referred to as the "GRANTOR ", this t day of rn PrRC$ -t, 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 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 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: Daniel R. Cook K; ly U. Dao SEE ATTACHED CALIFORNIA NOTARIZATION (Acknowledgment and Notarial Seal Attached) EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE ZITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: All of Lot 68, as shown upon that certain Map entitled, 'Tract Nc. 2378 Country Life Village Unit No. 2 ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on August 12, 1959 in book 110 of Maps, Page 33. Excepting therefrom the undeground water or rights thereto Nth no rights of surface entry, as conveyed by City Title Insurance Company, a Corporation to San Jose Water Works, a California Corporation by Deed dated August 26, 1959 and recorded August 26, 1959 in Book 4525 of Official Records, Page 447. CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT • . .-cx. c:,^cr�=:-r. r. c�-s arc c-m .c .. c. r- r -.ncc ..c-:�c�r..- „-.,. �„cm..*,c -r.. c.=.z +4Tse c-;r c r. .- zi,r..ic c.,c .r...c.,.cr • State of California County of 5 A----T-PI C-f-' A On NI L;RG1'1 6' 01 D before me, L7. Ak-5 J I` • Pc e.) ■ in o fct ill -� c -e-! _ Date Here Insert Name and Title of the Officer'” • personally appeared `bA -1\11 CL-- R. COOK 16,-rvO K-E-t -L'I l.4 - DAD Name(9 of Signer ' who proved to me on the basis of satisfactory evidence to • . be the personC) whose name& le/are subscribed to the • within instrument- and acknowledged to me that .be/they executed the same in /their authorized capacity s +, and that by r /their signatures on . instrument the persor0, or the entity upon behalf of • • . which the persons. acted., executed the instrument. • • +c DAKSHA K pm I certify under PENALTY OF PERJURY under the laws . • � ,iii 1 � 8 7 ,g�ri NOTARY O �PUBLI C - CALIFORNIA I F c— of the State of California that the foregoing paragraph is • • � t{ r sAUTACiARACOUNTV . � m Comm. Expire Ma 17, 2 013 • true • and correct. WITNESS my hand and official seal. . . • LP - Signature . 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 • • . - ,Q -3q__ O I S . The or Type of Document: OU ri M bt A Au ZATI vii. . W ' th,} 0 ' i;� Pr —t2- . (2i 6- . , • Document Date: • Number of Pages: .5 • Signer(s) Other Than Named Above: • ' Capacity(ies) Claimed • b Signer(s) • • Signer's Name: Sig ner ' s Name: • ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): • . • ❑ Partner ❑ Limited .❑ General R1GFlr rHUMHFRINT ❑ Partner — ❑ Limited ❑ General RI THUMBPRINT ❑ Attorney in Fact • OFS!GNER ❑ Attorney in •Fact,. • OFSIGNER . Top of thumb here Top of thumb here ❑ Trustee • • ❑ Trustee. ❑ Guardian or Conservator . ❑ Guardian or Conservator . ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: • -mod ed•-d d ��_ _ q-e�. e�.. - �- - dray.. - �,-e�• d ^- . •m - f,..v_y_ . - _ '�:. •er •ea. - '�. -v -d ' rd- _d -e., -p.•.. -y -e -d. -d. • ©2007. National Notary Association •:9350 De Soto Ave., P.O. SOX 2402 • Chatsworth, CA 94313-2402. www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1- 800 - 876-6827 • •