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07. Quitclaim 10355 Calvert DrRESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, FIRST LJ OF CUPERTINO, LLC, 10355 CALVERT DRIVE, APN 37.5 -17 -024 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: City Clerk APPROVED: Mayor, City of Cupertino 45 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375 -17 -024 10355 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 GRANITEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any - Jthdra — al of water which wi.11 result in damage to any building or structure erected upon said Iot. 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 WJTNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. 1 i el- 1 14" 1 1 - q Mary Wang O °amp, Offi r (Acknowledgment and Notarial Seal Attached) 47 State of California County of 4xun m a h! a On 2 10 before me, personally appeared and title of the who proved to me on the basis of satisfactory evidence to be the person whose name )1sla subscribed to the within instrument and ac owledged to me that sht7�pli execut# the same in 1#i authorized ry(i s), and that by sig nature( unstnz melzt the ptersan n behalf of , ar the e tipa capaci which thjperso s) acted, xecut, d ie instrum nt. 7 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS Signature of Notary Pz��C ANGELA BAKER ommlsslon # 1794141 Z - Notary Pubtic California _ San Mateo County (Notary S MyCorrm8pkesMx22,2012 ADDITIONAL OPTIONAL. INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title tit description of attached document) (Title or description of attached doc=cnt convnucd) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ( Titic) Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INFSTRUCTIONS FOR COIv2LETD\ THIS FORM Ana+ acknowledgment completed in California must contain verbiage exactly as appears abave in the notary vection or a separate :acL-nomiledgmerir farm nrust be praperhy camplered and attached to that docutnent The ant} arcepuan k if a document it to he recorded ,outside of C- a7irarnia. In ,such instances, anr= alwnative arkuonlecgpnv t verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fur a notary in California (i.e. cerri&ing the authorized capacity of the signer). Please check the document carefult ;for proper notarial wording and attach this form if re.quired. • State and County information must be the State and County where the document signer( personally appeared before .the notary public for acknowledgment, • Datc of notarization must be the date 'thar the signer(s),personally appeared which must also be the same date the acknowlcdgmcti is completed. • The notary public must print his or her, name as it appears within his or her commission followed by a conntrrsi and then your title (notary public). • Print the name(s) of docutnent signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. 4e!shcl4re5, is lace) or cimlhag the correct forms. Failure to courtly indicate this information may lead it arjcction of document recording. • The -notary seal impression must be char and photographically reproducible. impression must.ntt( cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different a6moauledgmcni fform. • Signature -of the notary public must match the aignan re on file with the office of the.county cledk. o% Additional information is not Tequired but .could help to ensure this aclimowledgment is not nvsused or attached to a different document. 4- Indicate tific nr type of attached document, number of pages and date. v Indicate the capacity claimed by the signcr. Ittbc claimed capacity is a corporate officer, indicate the title Ii_e. CEO, CFO, Secretaryj. • Securen attach this document to the sighed document 2009 Versinn CAPA 1 800- 9?3 -5 uFTk-%_l1lotaryC1assas.c0m 48 LEGAL DESCRIPTION Real property in the City of CUPERTINO, County of SANTA CLARA, State of CALIFORNIA, described as follows: LOT(S) 141, TRACT NO, 1OD4, FILED SEPTEMBER 1C 1952 IN BOOK 4O OF MAPS, AT PAGE(S) 29 AND 30, SANTA CLARA COUNTY RECORDS. APN : 375 -17 -024 49