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CC Resolution No. 10-089 Quitclaim Deed and Authorization for Underground Water Rights, 10630 Mine Court, APN 316-47-020 RESOLUTION NO. 10 -089 ACCEPTING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO WATER QUITCLAIM DEED AND AUTHORIZATION TER RIGHTS, HOMESTEAD MINE C URT LLC., OE 30 MINE COURT, APN 316 -47 -020 WHEREAS, Homestead Mine Court, LLC., has executed a "Quitclaim Deed and zing Authorization ", which is in good and sufficient form, rm, quitclai ing all is extract and au frori the the City of Cupertino, County of Santa Clara, State of California, 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 Ccil AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ! .i City Clerk "yor, City of C .ertino � QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -47 -020 10630 Mine Court, Cupertino, CA 95014 Homestead Mine Court, LLC, a California limited liability company, hereinafter referred to as the "GRANTOR ", this JG day of 4 , 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 bi:1d 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 state Lending Group, Inc. as Manager of Homestead Mortgage Income Fund, LLC as Managing member of Homestead Mine Court, LLC (Acknowledgment and Notarial Seal Attached) EXH I EIIT 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 1 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 2, 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 -020 Page 1 of 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ..-- • cv�.., = ,,,,,....,..� ,.,.S_ : _.?2•t, t..v_ ..'�.4.�rf.%,S.vi.:lS,... i... L t<iii>';.3.C..W:siS!M.!�...:,t C!v_ .cIS, .ni.. . ai,.'ar_c ti., �...is ... cf,C.i? ,:i,..,_ State of California • County of ,alifa C (art ____} On r I ' (Q 1&oio before me, f f'� if i / L 1 6 C Dale erl Insert Name and Ile of the Officer personally appeared I 3. e t D4d _... Name) of Signer( who proved to me on the basis of satisfactory evidence to be the person (�s ' / whose name e subscribed to the within instrJment and acknowledged to me that €i /sKe /tl6y executed the same in ii /h?r /tt &r authorized capacity09.81, and that by8/hfr/thpe signature0 on the � ,ra, JENNIFER LIGON irstrumerrt the person), or the entity upon behalf of ,, .^ Commission # 1777799 which the person(syacted, executed the instrument. 2 q slr N otary Public - California ,. , � San Clara County t �`""I "` I certify under PENALTY OF PERJURY under the laws MyComm. Emotes Nov 1 a, 2011 ot the State of C. ornia that the foregoing paragraph is true and corre. WITNESS ;' ' d anti •fficial • - ; 1. • Signature A / /ii / d4 ..i/ Place Notary Seal Above ,'i a ry 'ublic OPTIONAL Though the information below is not required by law, it may prove val .ble to persons relying on the document and could prevent fraudulent removal and reattachme t o this form to another document. Description of Attached Document Title or Type of Document: au.i C -1(f. i n )b c- Document Date: "l f ((p J(ri Number of Pages: 4 Signer Other Than Named Above: 1`J(xl.t Capacity(i ) Claimed by Signer Signer's Name: Dodd atit� Signer's Name: _ ❑ Individual ((��� Y ❑ Individual X Corporate Officer — Title(s): Q�s\d � ❑ Corporate Officer , Title(s): ❑ Partner — ❑ Limited ❑ General RlGHTTHUMBPRIhJT; CI Partner — ❑ Limiter ❑ General RIGHTTHUMBPRINT' ❑ Attorney in Fact - 13F SIGNER ❑Attorney in Fact :OF SIGNER ❑ Trustee Top of thumb her ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Si.ner Is Representing: Signer Is Representing: '!, a l _ .a' . uL_e e• - er,'ei 'e" ' 'r • .er6'` 'ar. :ei6'd4y 's• -e , .ercemce, 'ei.'a e"'r.,!G "./ '.!ti,,,,- ,,,, 'e• 'e• ,Ve., 'e•: - e/ - a, ,,,,.! 't' 'rr - r , ,,"'r ©2007 National Notary Association • 9350 De Soto Ave., P.O. 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