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CC Resolution No. 10-092 Quitclaim Deed and Authorization for Underground Water Rights, 10633 Mine Court, APN 316-47-022 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 Ciiy Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular tneeting 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: Wang, Wong, Chang. Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk / ► ayor, City of C iertino 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 / 74 day of /4pr/ / , 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: U�- 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) EXHIBrr A The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: PARCEL ONE: Lot 3 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. 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 "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 -022 Page 1 of :L CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT —...- • e&e c�t66.... ,af6,sT.+.�.eaS... �. :..•- -.i.C.-AC..? ?.w,.iTS v1x..A.Calt L!vsS!.v.:...=Jf t!, .,-- -,R!. ,.,i, ,,_,,.7„, �,, :is„. 7 ,,,,,,... :4 ,...-- . State of California n County of , S,(.47'�' Ciao 1 On Apro I( , DOE before me, 5.� � iliT ♦ ILIO IC DateI Hare Insert ame an the of the Officer personally appeared i J UA d 6e / 1 i . PLC Name/ of Signer( /' who proved to me on the basis of atisfactory evidence to be the perso 54 whose name is ay4 subscribed to the within instr ment and acknowledged to me that eiKe/tlxry executed the same ingmitiethjefr authorized capacity(), and that by r /tfAir signature$s) on the r �,.. ,� JENNIFER LIGON instrument the person,'), or the entity upon behalf of . Commission # 99 1 7777 which the persona acted, executed the instrument. ` . �� i Notary Public - California 5 ' % Santa r �Clbra �. County I certify under PEN.' _ Y OF PERJURY under the laws DlollesNov18.2011 r of the State of C.'iforn4 that the foregoing paragraph is true and corre . WITNESS y ha and o' dal -at, • Signature d_l._�.h d", ./ • Place Notary Seal Above A : ary ub OPTIONAL 4 _ Though the information below is not required by law, it may prove :lua'le to persons relying on the document and could prevent fraudulent removal and reattachment .11 s form to another document. Description of Attached A:AdadjIllted__ ocument Title or Type of Document: 6140116 Document Date: Number of Pages: g Signer(i(Other Than Named Above: a l- Capacity() Claimed by Signer / Q Signer's Nam [/Wy e: Id I / Signer's Name: ❑ Individual ❑ Individual Corporate Officer - Title(s): 4,05V10//14 [1 Corporate Offic: r - Title(s): D Partner — ❑ Limited ❑ General [0 Partner — 0 Limited ❑ General RIGHTTHUMBPRINTi RIGHTTHUMBPRINT: ❑ Attorney in Fact _ 10F SIGNER ❑ Attorney in Fact fo ' IGN - . ❑ Trustee Top of thumb here 0 Trustee Top of umb here D Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other: • S ner Is �entin Signer is Representing: te e , 'e•rei - ei4'e- • x'•1 11 , • ✓ 'a/.vi 7e •d 'e , t' ./e'e•c'e/ ,f., 7., , .. c-v .e.. ,_.e..e(4 _`4.e, • • tve'e., •e, '.•deer - ee, :ee••e• e+••r., ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402. www NationalNotary org Item 45907 Reorder: Call Toll -Free 1 -800- 876 -6827