10. Quitclaim Deed 7425 Rollingdell DrRESOLUTION NO. 10 -061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
ROBERT P. DUST AND LAURA M. DUST, 7425 ROLLINGDELL DRIVE, APN 359 -32 -004
WHEREAS, Robert P. Dust and Laura M. Dust, 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 6th day of April, 2010, by the following vote:
Vote Members of the Cit<Y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 359 -32 -004
7425 Rollingdell Drive Cupertino, CA 95014
Robert P. Dust and Laura M. Dust, Trustees of the 2003 Dust Family Trust, FBO
Robert P. Dust and Laura M. Dust hereinafter referred to as the "GRANTOR ", this
day of MPrQ C 4 , 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.
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IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
obert P. Dust
Laura M. Dust
(Acknowledgment and Notarial Seal Attached)
PLEASE SEE MACHED
CURRENT CALIFORNIA
NOTARY FORM
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of J n_4 C� �� V'4
J
On
per:
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)Xare subscribed to the
wit 'n instrument- and acknowledged -to me that
e/s Ahey executed the same in their authorized
capacity(ies), and that by Wsl,GeF/their signatures) on the
instrument the person(s), or the entity upon behalf of
P �t ' .l REN ARMSTRONG which the persons} acted, executed the instrument.
COMM. #1855938
NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY 1 certify under PENALTY OF PERJURY under the laws
My Comm. Expires June 27 2013 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han¢ go6official
Place Notary Seal Above Signature
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
C t
Title or Type of Document: Yr L CIL61-T y 1
Document Date:. ti - D Nu ber of Pages:
Signer(s) Other Than .Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual.
• Corporate Officer — Title(s): _
• Partner. -- ❑ Limited .❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian'or Conservator
❑ Other:
Signer Is Representing:
Signer's
dividual
❑ Partner -- ❑ Limited ❑ General _
❑ Attorney in Fact .
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02007 National Notary AsaDdaatim 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313 -2402 • www.Nationa(Notaryorg Itern 85907 Reorder. Cali Tog -Free 1- 800 - 976.8827
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Adopt a resolution
accepting
a Quitclaim Deed
and
Authorization for Underground
_-
-
Water Rights,
Robert
P. Dust and Laura
M. Dust,
7425 Rollingdell Drive, APN
359 -32 -004,
Resolution
No. 10-00
The property
owners
of this residential development
agree to grant to the City the
right to extract
water
from the basin under the
overlying
property.
x =.,