05. Quitclaim 10385 Calvert DrRESOLUTION NO. 10-
A RESOLUTION OF THE CITY COLNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, FIRST LJ OF CUPERRTINO, LLC, 10385 CALVERT DRIVE,
APN 375 -17 -027
WHEREAS, First LJ of Cupertino, 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 3rd day of August, 2010 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 375 -17 -027
10385 Calvert Drive Cupertino, CA 95014
First LJ of Cupertino, LLC hereinafter referred to as the "GRANTOR ", this
day of July 08 _ , 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 1,vithdra� al of water
which will result in damage to any building or structure erected upon said lot.
This assigrnnent, 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.
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IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
Mary Wang O arnp, Offic
(Acknowledgment and Notarial Seal Attachf;d)
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State of California
County of S
On - 3Zs /10 before me,
personally appeared
insert name: and title
who proved to ire on the basis of satisfactory evidence, to be the person} whose name Is1 subscribed to
the with* i strurnent and ckno : dged to me that , she y executed the same in e r authorized
capacity {i j, slid that by i Iher/ r signature(syo the ills ent the person, or t e en I pon behalf of
which th person( 'acte , execute the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my
Signature of Notary
ANGELA BAKER
Commission # 1794191
-�; " Notary Public - California z
z San Mateo County
W Comm. Expkes Mar22, 2012
(Notary Seal)
ADDITIONAL OPTIONAL IN'F RMATI€)N
DESCRIPTION OF THE ATTACHED DOCUMENT
(Titic or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Parinet�s)
❑
ktlamey -ia -Fact
❑
Trustee {s)
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Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California .must .contain m >erbiage ez=6 as
appears abar a in the notary section or a separate acknowledgment foram must be
properly completed and anaclied to drat document. nir omit er cepiian is !f a
dorunterrt is to be recorded outside nfCatlfarnia In such inctarrtes, aitr alternative
acAwowleagmeni , iw - biage as may be printed on such a document so Lang as the
verbiage does not require the notary to do something that is illegal for a »Ware in
California (i.e. certifying the authorized capaeli) of the signer). Please check the
document.carefuttyjar proper notarial - mvnding and attach this farm 5t required.
• State and Count} information must be the State and County -bere the document
signcr(s) personally appeared before the notary public for aclmowledgment.
• date of notarization must be the date that the signer(s) personally appeared wbieb
must.also be the same date the acknowledgment is completed.
• The notary public his or her name as it appears within his or her
commission followed by x coa'ia and then "fur title (notary public).
• Print the name(s) of document signer(s) who personally .appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off' incorrect forms (i.t.
iajshei4ime}L is /an ) or circling the correct farms. Failure to correctly.indicate this
information may lead to =jection of document rccording.
• The notary seal impression must be clear and photographically reproduciblc.
im pression must PQi cover text or lines. If seal impression smudges, re -sett] if a
sufficient area perry ts, othcrwise.complcte a diffcrart acimowledgmcut form,
• Signature .of the notary public must match the signature on file witb the office of
the county cledi.
Additional inforration is not required but could help to erasure this
arlmowledgment is not misused or attached to 9 different document.
E• Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the sigmer, If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• $ecurety.attach this document to the signed document
200E version CAPA vl2.l O.Q7 S06- F73 -9f b5 -wv. w.NotaryClasses.com 36
m
LEGAL DESCRIPTION
Real property in the City of CUPERTINO, County of E ANTA CLARA, State of CALIFORNIA, described as
follows:
LOT 138, AS SHOWN ON THE MAP ENTITLED, "1RA'.:T NO. 1004 ", WHICH MAP WAS FILED FOR RECORD
IN THE OFFICE OF THE RECORDER OF THE COUNT( OF SANTA CLARA, STATE OF CALIFORNIA, ON
SEPTEMBER 10, 1952 IN BOOK 40 OF MAPS, AT PAGE 29 AND 30.
EXCEPTING THEREFROM, THE UNDERGROUND WA" - ER OR RIGHTS THERETO, WITH NO RIGHT OF
SURFACE ENTRY, AS GRANTED IN THE DEED FROM STERN & PRICE INC., TO SAN )OSE WATER
WORKS, A CALIFORNIA CORPORATION, DATED SEPTEMBER 19, 1952 AND RECORDED SEPTEMBER 19,
1952 IN BOOK 2490 OF OFFICIAL RECORDS, PAGE 619.
APN: 375- 17-027
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