CC Resolution No. 10-133 Quitclaim Deed and Authorization for Underground Water Rights, 10553 Larry Way, APN 316-02-026 RESOLUTION NO. 10 -133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, ROBERT ALLEN VAN HOY, JR. AND CHRISTINE P. VAN HOY,
10556 LARRY WAY, APN 316 -02 -026
WHEREAS, Robert Allen Van Hoy, Jr. and Christine P. Van Hoy, have 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 20th day of July, 2010 by the following vote:
Vote Members of the City Council
AYES: Wang, Chang, Mahoney, Santoro
NOES: None
ABSENT: Wong
ABSTAIN: None
ATTEST: APPROVED:
/. / 297-144
City Clerk /ryor, City of Cuperti ' o
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316 -02 -026
10556 Larry Way, Cupertino, CA 95014
Robert Allen Van Hoy, Jr. and Christine P. Van Hoy, husband and wife as joint
tenants, hereinafter referred to as the "GRANTOR ", this f / day of Q 4.UU Li
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 ATTACHEI) EXHIBIT "A"
to pump, take or otherwise extract water from :he underground basin or any underground
strata in the Santa Clara Valley for beneficial L.se 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:
fit
Robert Allen Van Hoy, Jr.
(Ltd, - 1?\/#
Christine P. Van Hoy
(Acknowledgment and Notarial Seal Attached)
Exhibit A
Lot 48, Tract 895, filed October 8, 1951, Map Book 34, page 34, Santa Clara County
Records.
•
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
j(
On ‘0/////0 before me, � — - eA 1
(Here ins name and title of the • icer)
personally appeared l� v I �Cg / Y I 1 ���
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-isfare subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in 1r /their authorized
capacity(ies), and that by /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
11111111111 rrrrr.rrlrrurr j
JEAN WELCH
M >< COMM. NO. 1889027
WITNESS my hand and official seal. s � -� %?- NOTARYPUBLIC- CALIFORNIA g
;:
,Z1 ,► COUNTY OF SANTA CLARA 1
l l r 7+i ' COMM. EXPIRES MAY 10, 2014
(Nota imlyr uuasmsn uuuuuuuu■
Sign. - of Notary Public
• •
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTIO E ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
itle or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in
a lauceitk California (i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required
Number of Pages Document Date • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
❑ Individual (s) he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com
•