CC Resolution No. 10-147 Quitclaim Deed and Authorization for Underground Water Rights, 10395 Calvert Drive, APN 375-17-028 RESOLUTION NO. 10 -147
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, 10395 CALVERT DRIVE,
APN 375 -17 -028
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 resoaution.
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: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
..1L.4441111g■
City Clerk 0 M. o r, City of Cuperti o
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 375 -17 -028
10395 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 Ise 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 ,riTITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
Mary Wan skamp, Of er
(Acknowledgment and Notarial Seal Attached)
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT ,
State of California
I County of an j
,,
i
1 On 7/ E / j D before me, G, . ke r t / �1 vZ�`r 0)(01/C I
(Here insert name and title of the officer)j
per sonalty appeared ��� w(�. l 1 �Y�Y►'1 , j
who proved to me on the basis of satisfactory evidence to be th- person(s) whose name jaft, subscribed to
the within i trument and ac . owledged to me that etshe - y executed the same in i'< a i. authorized
11 t capacity(i s), and t at by h lerl s - signature(s oil t. - ..r. . A sent the perso n), or the entity/upon behalf of F
@ which th person acted, e - ute. the instrument.
It I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph '
II
li is true and correct. ;1
' ANGELA BAKER l
Commission # 1794191
WI TNESS my hand a ffici /seal. a � - Notary Public - California z i
• 1 �'
San Mat eo County ;
' � ` — MyrCcmt.ExpiresMar22,20
(No tary Seal)
Signature of Notary Public
• i
I ADDITIONAL OPTIONAL INFORMATION
1 INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
I • DESCRIPTION OF THE 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 i
document is to be recorded outside of California. In such instances, any alternative
j} acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of attached document) i
verbiage does not require the notory to do something that is illegal for a notary in t
California (i.e. certifying the authorized capacity of the signer). Please check the I
document carefully for proper notarial wording and attach this fora if required. lE
(Title or description of attached document continued t
• State and County information must be the State and County where the document !
l� Number of Pages Document Date signer(s) personally appeared before the notary public for acknowiedgtnent. f
• 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 E
I notarization,
j CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. F
❑ Individual {S) 1•ie /shettliey, is !ase) or circling the correct forms. Failure to correctly indicate this
■ information may lead to rejection of document recording.
j ❑ 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.
1 r • Signature of the notary public must match t th si on file with the office of
i Partner(s) 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.
i title or type of attached document. number of pages and date.
13 Other i
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 doctnnent to the signed document
200E Version CAPA v12.10.07 800 -873 -9865 w ww_Notan'Classes.com
EXHIB
LEGAL DESCRIPTION
Real property in the ay of CUPERTINO, County of SANTA CLARA, State of CALIFORNIA, described as
follows:
LOT 137, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 1004 ", WHICH MAP WAS FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON SEPTEMBER 10, 1952 IN BOOK 40 OF MAPS, AT PAGES 29 AND 30.
APN: 375-17-028