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CC Resolution No. 10-134 Quitclaim Deed and Authorization for Underground Water Rights, 10353 Mira Vista Rd APN 357-02-041 RESOLUTION NO. 10 -134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MASSOUD VAMEGHI, M.D. AND ARSHIFAM VAMEGHI, 10353 MIRA VISTA ROAD, APN 357 -02 -041 WHEREAS, Massoud Vameghi, M.D. and Arshifam Vameghi, 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: 4 44/1 : 4 t � � / City Clerk a, or, City of Cupert QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -02 -041 10353 Mira Vista Roacl, Cupertino, CA 95014 Massoud Vameghi, M.D. and Arshifam Vameghi, husband and wife as joint tenants, hereinafter referred to as the "GRANTOR ", this \ day of JIM , 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 nothi:ag 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 o: 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. O WNERS : - - / i . 1 ✓ 4 _ 1 "Vlassoud Vameghi �/� I lam V. (Acknowledgment and Notarial Seal Attached) EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 36, as shown on that certain Map entitled Tract No. 1113 which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on February 09, 1954 in Book 48 of Maps at page(s) 8 and 9. APN: 357 -02 -041 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of C1.1CR.- . On 11J'�r� / a,/0 before me, Ck_s_ p.;.( l ( C_ 4, (Here insert name and�itle of the officer • personally appeared Y�..SSev l�. N � G, Y S U a.,1 //k( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i,s` /are subscribed to the within instrument and acknowledged to me that 46/ 4e /they executed the same in b /I r /their authorized capacity(ies), and that by hV/hr /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. GRACE SCHMIDT .1■4� Commission 1 1720127 WITNESS my hand . id official seal. '' Notary Public - California cJ) Santa Clara County Comm. Expires Feb 21, 2011 Signature of Notary Public - (Notary Sea]) • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment fornr must be pp JSo� properly completed and attached to that document. The only exception is if a document be is to be recorded outside of California. In such instances, any alternative �� (Title or description of attached document) acknowledgment verbiage as m47> be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certyring 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 ,K) rl • 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 /hey - is /afe) 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. 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