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CC Resolution No. 10-148 Quitclaim Deed and Authorization for Underground Water Rights, 10355 Calvert Drive, APN 375-17-024 RESOLUTION NO. 10 -148 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 375-17-024 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: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: %, � ( � City Clerk Mayo , City of Cuperti • 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 CJPERTINO, 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 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: e�,titi� ( Mary Wang . Offi r (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL- PURPOSE • CERTIFICATE OF ACKNOWLEDGMENT if State of California 11 1 i • County of rY>, (ki-p i • On / c7 / ! before me, c.L 6G P.f N 0 - c,� eu, ( t , . '1 �^ (Here insert hank and title of the offi epr� • • • personally appeared �Q� ��ka _. , i ., who proved to me on the basis of satisfactory evidenc- to be the person whose name ) is /a . subscribed to the within instrument and ac • owledged to me that 'i /sshhe7�-1 r execut6dthe same in i. i' 9 authorized capacity(i s), and that by ' Hof signature( ob instrument the person , or the e i dpon behalf of 1l which thdperso ) acted, executed' the instrumnt. It I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ` I - ,is true and correct. i, tiI - ANGELA BAKER i WITNESS haid a offs 'al „IOWA Commission # 1794191 :Ti ya. Notary Public - California = II San Mateo County li L (Notary S My Comm. Expires Mar 22, 2012 Signature of Not Pub c �� e i i • + 1 ' i ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 1 Anp acknowledgment completed in California must contain verbiage exactly as 1 DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the noraly section or a separate acknowledgment forth must be ( tl properly completed and attached to that document. The only exception is if a 1 document is to be recorded outside of California. In such instances, any alternative I (Tide or description of attached document) acknowledgment 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 for a notary in California (i.e. cert5;ing 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 mast 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. I' (Additional information) • The notary public must print his or her name as it appears within his or her I 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 i ( notarization. { CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. II f he!she /tlsey is /fife) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. i ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. f I mpression must nog cover teat or lines. If seal impression smudges, re -sea] if a I (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 i the county clerk_ I 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 'i Indicate title or type of attached document. number of pages and date. 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 document to the signed document • 2008 Version CAPA vl2.] 0.07 800-873-9865 W„-w.NotaryClasses.com EXHIBIT LEGAL DE :SCRIPTION Real property in the City of CUPERTINO, County of SANTA CLARA, State of CALIFORNIA, described as follows: LOT(S) 141, TRACT NO. 1004, FILED SEPTEMBER 10, 1952 IN BOOK 40 OF MAPS, AT PAGE(S) 29 AND 30, SANTA CLARA COUNTY RECORDS. APN: 375-17-024