CC Resolution No. 10-146 Quitclaim Deed and Authorization for Underground Rights, 10385 Calvert Drive, APN 375-17-027 RESOLUTION NO. 10 -146
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, 10385 CALVERT DRIVE,
APN 375-17-027
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 M" City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 375 -17 -027
10385 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 CL:PERTINO, 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, ar.d 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 GF:ANTEE 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 sha:_I 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:
(
Mary Wang O amp, Offic
(Acknowledgment and Notarial Seal Attached)
i
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
3
County of McA
f
On / J %D before me, _ . k f\ D i' f J b /j L
lJ�
(Here insert name and of the officer) t J
' ; personally appeared xl ,
who proved to me on the basis of satisfactory evidenc? to be the perso whose name a_ subscribed to
the within ' trument and ckno dged to me that r r she , y executed the same in __ - _ _ authorized
capacity(i ), and that by i•/herit signature( /o the ins. ..ent the person(srf, or t the en 1 pon behalf of
which the person(,acte , execute. the instrument.
E
1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. �l
11 !r
ANGELA BAKER
1i
1 ,1 Commission # 1794191
:i - 'jai! Notary Public - California Z
i WITNESS my d d ici 1. €j,,► =
San Mateo County
My Corms. Etq�t� Mar 22, 2012 !�
Z / L �� — (Notary Seal)
Signature ofNotary iic
• •
ADDITIONAL OPTIONAL INFORMATION
I INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgrnett completed in California must contain verbiage exactly as
11 DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate aclarowledgment form must be
properly completed and attached to that document. The only exception is if a
document is w be recorded outside of California. In such instances, any alternative 3
acknowledgment verbiage as may be printed on suclr a document so long as the
(Title or description of attached document) j
{ verbiage does not require the notary to do something that is illegal for a notary in
I Califor n ia (i.e. ceriifpmg the authorized capacity of the signer). Please check the
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N umber of Pages Document Date sitmer(s) personally appeared before the notary public for acknowledgment.
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must also be the same date the acknowledgment is completed.
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commission followed by a comma and then your title (notary public).
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€ notarization. it
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!
Ile/she/they is taFe) or circling the correct forms. Failure to correctly indicate this
I, ❑ Individual (s)
1 information met lead to rejection of document recording.
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t 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.
f ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk -
t ❑ Atto ney in -Fact Additional information is not required but could help to ensure this
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Indicate the capacity claimed by the signer. If the claimed capacity is a
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2005 Version CAPA v12.10.07 800 - 873 -9865 WV,I.v_NotaryClasses.com
EXRIB
LEGAL DESCRIPTION
Real property in the City of CUPERTINO, County of SANTA CLARA, State of CALIFORNIA, described as
follows:
LOT 138, AS SHOWN ON THE 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 PAGE 29 AND 30.
EXCEPTING THEREFROM, THE UNDERGROUND WATER OR RIGHTS THERETO, WITH NO RIGHT OF
SURFACE ENTRY, AS GRANTED IN THE DEED FROM STERN & PRICE INC., TO SAN JOSE WATER
WORKS, A CALIFORNIA CORPORATION, DATED SEPTEMBER 19, 1952 AND RECORDED SEPTEMBER 19,
1952 IN BOOK 2490 OF OFFICIAL RECORDS, PAGE 619.
APN: 375 -17 -027