CC Resolution No. 10-189 Quitclaim Deed and Authorization for Underground Water Rights, 10216 Pasadena Avenue, APN 357-18-021 RESOLUTION NO. 10 -189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION '.FOR UNDERGROUND WATER RIGHTS,
D & B LEGACY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
10216 PASADENA AVENUE, APN 357 -18 -021
WHEREAS, D & B Legacy, LLC, a California Limited Liability Company, 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 5th day of October, 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:
O .i
City Clerk -- City of Cupert' - o
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
A P N 357 -18 -021
10216 Pasadena Avenue, Cupertino, CA 95014
D & B LEGACY, LLC, a California limited liability company, hereinafter referred to
as the "GRANTOR ", this u day of +. , 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 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 shal 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.
OWNS . ,
Rob rt Adzich
Managing Member
(Acknowledgment and Notarial Seal Attached)
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LEGAL DESCRIPTION
EXHISrr "A"
All that certain real property in the City of Cupertino, County of Santa Clara, State of California described as
follows:
All of Lot G, in Block 8 as shown on that certain map entitled "Map of Resubdivtslon of Subdivision No. 1, Town
of Monta Vista" which Map was filed for record in the Office of the Recorder of the County of Santa Clara,
State of California on April 11, 1917 in Book "P" of Maps at Page 24.
APN: 357 -18 -021
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CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
��. O
County of (2
On l - f0 before me, 61Cl.. ()Le LSI II !N� ` ' 1.4 Ab C •
(Here insert name and title —film officer)
personally appeared 140t2-1
who proved to me on the basis of satisfactory evidence to be the •ersan(ar) whose namee5) is/4 subscribed to
the within instrument and acknowledged to me that her'shMtdy executed the same in his /lei' /tleir authorized
capacity(iO), and that by his/h signatureO on the instrument the personcs) or the entity upon behalf of
which the person('' 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
.- Commission 0 1720127
WITNESS my Llano . nd r. fficial seal. "' 3 rj R Notary Public • California I
11 f Santa Clara County
n � my Comm. Expires Feb 21, 2011 r
"..ThAf � d4A4 (Notary Seal)
Signature of Notary Public
d
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS. FORM
Any acknt wledginenl completed In California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notmy section or a separate acknowledgment .fonn nnrst be
properly completed and attached' to that document. The only exception is if a
document is to be recorded outside of Califoria. In such instances, any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed' an such a document so long as the
verbiage does nor require the notary to do ,something that is Illegal for a notay in
California (i.e. ceriIJj4ng the authorized capacity of the. sign). Please check the
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• State and County information must be the State and County where the document
Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment.
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commission followed by a cotritna and then your "title (notary public).
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❑
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