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CC Resolution No. 10-061 Quitclaim Deed and Authorization for Underground Water Rights, 7425 Rollingdell Drive, APN 359-32-004 RESOLUTION 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 City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: (/ dir City Clerk ( s • yor, City of Cuperti • o 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 t n/ day of M fre C , 2010, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CU PERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", it:; 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 G RANTEE 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. C WNERS: //Ol Ar .obert P. Dust Laura M. Dust (Acknowledgment and Notarial Seal Attached.) PLEASE SEE ATTACHED CURRENT CALIFORNIA NOTARY FORM EXHIBIT "A" Lot 50, as shown on that certain Map entitled "Tract No. 2770 ", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 21, 1960 in Book 125 of Maps, at page 35. EXCEPTING THEREFROM the underground water rights as granted by Valley Title Company of Santa Clara County, a Corporation to San Jose Water Works, a California corporation, by instrument dated October 3, 1960, recorded October 4, 1960 in Book 4939 of Official Records, page 144. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT C-�.���'C"C^C>iC`t^���^�• Cwt^„ �` �': f��• C` l^`/ G` C• �(^ �vG�2 ^'S,�`C.f.^�7.f�.�^i`� -, �f': �%C i�" vC: ���,^: �1��C' "". C' �,. CZ^ . f�^.. �K., �F? C` ti''•`.0 ?E..(:` f" C' �.( �C�..(^Y?:C��rf:`Y`�� ^C�`f-f. State of California J r nn J� County of S t�2 � h 1, �� leg , t 7(�. r e �-r1�m 'L� t)C r 60/ On y� YG � I5 ffl� Cbefore me, Date Here Insert Name and Title of the Officer � /J personally appeared /Q) - e, - � P l6404' `z I E.�'r� /� / 0 /4S J Names of Signer(s) • who proved to me on the basis of satisfactory evidence to be the Derson(s) whose name(s),47'are subscribed to the wit • instrument and acknowledged to me that e /sl4they executed the same in their authorized capacity(ies), and that by bisifietheir signature(s) on the instrument the person(s), or the entity upon behalf of 1 - 7" 1- * KAREN ARMSTRONG which the person(s) acted, executed the instrument. , r . -�.`.6 COMM. #1855938 �"- w NOTARY NTA C COUNY ~ I certify under PENALTY OF PERJURY under the laws 110 ' My Comm. Expires tARA June 27, T 2013 �� of the State of California that the foregoing paragraph is true and correct. WITNESS my hails - - • official se- . Signature '�� . 1 .1./AL Place Notary Seal Above Signatur.Orbtary 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 Document: QU c ` \C.�i.� ! 'f'l lit ' , t©41 - ' // Document Date: / �a / /1 f 5` e /D Nu ber of Pages: I - ,� Signer(s) Other Than .Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's ❑ Individual. • dividual ❑ Corporate Officer — Title(s): a : • - e s): - CI Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT RIGHTTHUMBPRINT ❑ Attorney in Fact OFSIGNEFl El Attorney in Fact . OF SIGNER Top of thum. ❑ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: • Signer Is Representing: Signer Is Representing: • 0 o - - N. . B ' e> - d ' 7 W 6_ -&' . - - - _B• d. - d ' 6' W. "6" d • _d.' ,.. e+^ d.•,_N N _N d W'W W 'B'i'er - !1 d. d.. d - N- - _d'• - - `G' -W' - H - !l'. - N. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 913132402 • www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1- 800 - 876 -6827