19. Quitclaim Deed 10633 Mine Ct.RESOLUTION NO. 10 -092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
HOMESTEAD MINE COURT, LLC., 10633 MINE COURT, APN 316 -47 -022
WHEREAS, Homestead Mine Court, LLC., 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 4th day of May, 2010, by the following vote:
Vote Members of the Cit•1 Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
ejj
Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316 -47 -022
10633 Mine Court Cupertino, CA 95014
Homestead Mine Court, LLC, a California limited liability company hereinafter
referred to as the "GRANTOR ", this Ad r� day of r , 2410, 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.
19 -2
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
d
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)
19 -3
EXHIBIT A
The land referred to is situated in the County of Santa Clara, City of Cupertino, State of
Califomia, and is described as follows:
PARCEL ONE:
Lot 3 as shown on that certain Parcel Map flied 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,
RESERVING THEREFROM:
A non - exclusive easement appurtenant to Lots 1, 2 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 "Mme
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 -022
Page 1 of 1
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C ALIFORNIA ALL-PURPO
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State of California
County of , � Gkka j
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Date �, J H re Insert Name an rile of the Micer
personally appeared _ �j/1 d� Ilml ��
Name of Signers
JENNlr:ER 1lGON
Commission # 7 777799
• "�► Notary Public - California z
MY Santa Clara County
des Nov 18.2071 r
Place Nolary Seat Above .
who proved to me on the basis of j5atisfactory evidence to
be the persono whose name is aX subscribed to the
within instrdinent and acknowledged to me that
{ eWy executed the same in(q'e /thA authorized
capacity(, and that by Gl r /ttir signature
�,$) on the
nstrument the person or the entity upon behalf of
which the person acted, executed the instrument.
certify under PEN
of the State of C Morn
true and corre ,
WITNESS y ha and
;signature
OF PERJURY under the laws
that the foregoing paragraph is
OPTION
Though the information below is not required by law, it may prove lua a to persons relying on the document
and could prevent fraudulent removal and reaYachment f t s form to another document.
Description of Attached Document
Title or Type of Doc ument: 6 &Act 4 f
Document Dale: - "��rb Number of Pages: _
SignerY Other Than Named Above:
Capacity() Claimed by Signer J i Signer's Name:
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O Individual
Corporate Officer — Title(s):
❑ Partner -- O Limited O General
O Attorney in Fact
❑ Trustee Top o1 thumb here
O Guardian or Conservator
❑ Other:
S' ner is Representin
Signer's Name:
❑ Individual
O Corporate Offici
O Partner — O Lit
O Attorney in Fact
-- Title(s): _
led O General
O Trustee
❑ Guardian or Conse
O Other:
Signer Is Representing
RIGHT THUrmPRtr4T
: )F SIGNER
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Adopt a resolution accepting a Quitclaim Deed and Authorization for
Rights, Homestead Mine Court, LLC., 10633 Mine Court, APN 3V
!�w: 31�4 -
No. 10-67,;Z
Col
:1 The property owners of this residential development agree to grant t
e)dract water from the basin under the overlying property.
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