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CC Resolution No. 10-090 Quitclaim Deed and Authorization for Underground Water Rights, 10631 Mine Court, APN 316-47-021 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 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 City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: C 7< " 2 ` 114 - . City Clerk Mayor, City of C , pertino 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 /6 71 ' day of A , 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 stucture erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall b 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: 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) 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 819 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 reap. 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 fir record in the Office of the Recorder of the County of Santa Clara, State of California, on Octcber 26, 2007, in Book 819 of Maps, at Pages 50 and 51. APN: 316 -47 -021 Page 1 of 1 CALIFORNIA ALL - PURPOSE ACKH'OWLEDGMEHT State of California County of -61, C/02 G[ On '� ! 1 4 016 before me, (J /1iHil C./ �J /V Pth/ic Date / Here Ifsert Name and 7 o1 the Officer personally appeared £fld J Nam ,/s) of Signer(yI who proved to me on the basis of satisfactory evidence to be the person whose nam'aye subscribed to the within instrament and acknowledged to me that 69'spre /tlyey executed the same ineir /t1r authorized capacity(, and that by6/t /th$ signature (t) on the mission instrument the person or the entity upon behalf of Com JENNIFER # UGON ) wiich the personyf acted, executed the instrument. c 7779 "q' -�. Not public - California § I certify under PENALTY OF PERJURY under the laws Santa Clara County S 'N Con 'm•eViresNavlg r Zptt of the State of Calif. qia that the foregoing paragraph is true and correc WITNESS y ha' d and offic I seal. Signature �/ /pia A NE Place Notary Seal Above /�� . . (11! ...JT'.lic OPTIONAL Though the information below is not required by law, it may provable to persons relying on the document and could prevent fraudulent removal and reattachmen of this form to another document. Description of Attached Document Title or Type of Docu ent: �L(,t) ,f1 LC. Document Date: q ( 40 Number of Pages: Signerfier Other Than Named Above: Nme, Capacity(i ) Claimed by Signer y4 Signer's Name: fabf /I d ee/i ) C ( Signer's Name ❑ Individual ❑ Individual )itC Corporate Officer — Title(s): aesidon,f- ❑ Corporate 0 icer — Title(s): O Partner — ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner —0. imited ❑ General in Fact 'fCFSIGNER RIGHT THUMBPRINT ❑ Attorney � ❑Attorney in Fait AF SI;NER _ ❑ Trustee Top o thumb her Top of th b here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Con .ervator ❑ Other: ❑ Other: Si ner Is Representing: Signer Is Representing: d 'd,'r/ - f/ <'L 'e/''_N4',✓. :Y-'!1 'd4�G'e <Vr ei 's. •e'4: a'4'e/G'�/ 'n ." r rG'eiC'd - erti r :�' P/4 'd 'v <'tir 'err e 'er .&' 'dr _N '&- p"'✓ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Sox 2402 • Chatsworth, CA 91313 -2402 • www NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827