17. Quitclaim Deed 10631 Mine Ct.9� •� �t
RESOLUTION NO. 10 -090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
HOMESTEAD MINE COURT, LLC., 10631 MINE COURT, APN 316 -47 -021
WHEREAS, Homestead Mine Court, LLC., has executed a "Quitclaim Deed and
Authorization ", which is in good and sufficient fbrm, 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 t1l1e 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 4th day of May, 2010, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
17 -1
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316-47 -021
10631 Mine Court Cupertino, CA 95014
Homestead Mine Court, LLC, a California limited liability company hereinafter
referred to as the "GRANTOR ", this l6 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
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.
17 -2
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
David Belleville, Pres. Real Estate Lending Group, Inc.
as Manager of Homestead Mortgage Income Fund, LLC
as Managing member of Homestead Mine Court, LLC
(Acknowledgment and Notarial Seal Attached)
17 -3
EXHIBIT A
The land referred to is situated in the County of Santa Clara, City of San Jose, State of
California, and is described as follows:
PARCEL ONE:
Lot 2 as shown on that certain Parcel Map filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on October 26, 2007, in Book 814 of Maps, at Pages
50 and 51.
RESERVING THEREFROM:
A non - exclusive easement appurtenant to Lots 1, 3 and 4 of the above referenced Subdivision,
for ingress and egress and public utilities and appurtenances thereto, over,. under and across all
that portion designated as "Mine Court" on said map.
PARCEL TWO:
A non - exclusive easement appurtenant to Parcel One above, for ingress and egress and public
utilities and appurtenances thereto over, under and across all that portion designated as "Mine
Court" as shown on that certain Parcel Map filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on October 26, 2007, in Book 819 of Maps, at Pages
50 and 51.
APN: 316 -47 -021
Page 1 of 1
17 -4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of �l 112 Gf
On I 1 0 016 b me,
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Date l 1 /� � Here sera Name and of the Officer
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personally appeared
11 �illlllliiiiillllilllllIIIIIIIIIIIIIIIIIIIIIIllilljllllllllllllllliiiilllllillI 11 ill ill 1 11 !1 1 1 11, 1
JENNIFER LiGON
# 1777
Commission 799
Notary Public - Calltornlo
$on CI County
worm .somNov18.201] ~
Place Notary Seal Above
Nho proved to me on the basis of satisfactory evidence to
be the personX whose namW �a� subscribed to the
Nithin instr ment and acknowledged to me that
I frspe/tt}ey executed the same in&per /ter authorized
i.-apacity(�, and that by( /*1thA signature) on the
instrument the person f, or the entity upon behalf of
which the personXacied, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Calif is that the foregoing paragraph is
true and correct/'
WITNESS
Signature
OPTIONAL
Though the information below is not required by law, it may
and could prevent fraudulent removal and readar
Description of Attached Document
Title or Type of Docurrlent: _ lilt l t�{,�(11,1Y1 V
and offidol seal.
cable to persons relying on the document
this form to another document.
Document Date: jf•�� Number of Pages:
Signer( Other Than Named Above:
Capacity (i ) Claimed by Signer{,s'�
Signer's Name:
O Individual
�Q Corporate Officer —Title(s):
/D( Partner -- O Limited 0 General
O Attorney in Fact
D Trustee Top o thumb here
O Guardian or Conservator
O Other:
Si ner Is Representing: r
Signer's Name
O Individual
O Corporate 0 icer — Ti le(s):
O Partner — O imited O General _
0 Attorney in Fa t •
O Trustee Top of th b here
• Guardian or Con ervator
• Other:
Signer Is Representing:
02007 Nationaf Notary Association. 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, LA 91313 -2902• www.Naknallotaryorg Item 45907 Reorder: Call Toll-Free 1- 113oo -1 r -lil7
Adopt a resolution
accepting a
Quitclaim
Deed and Authorization
for Un
to
Rights, Homestead
Mine Court,
LLC.,
10631 Mine Court,
APN 316-47
The property
owner's of this residential
development agree
to grant to thl
extract water
from the basin under
the
overlying property.
/
,ity the dght
to