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CC Resolution No. 10-198 Quitclaim Deed and Authorization for Underground Water Rights, 10160 Lockwood Drive, APN 342-14-110 RESOLUTION NO. 10 -198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JEFF BAXTER AND ELENI BAXTER,10160 LOCKWOOD DRIVE, APN 342 -14 -110 WHEREAS, Jeff Baxter and Eleni Baxi:er, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient farm, 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 1st day of November, 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: mi/ / / City Clerk ( )0`yor, City of Cupe no QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-110 10160 Lockwood Drive, Cupertino, CA 95014 Jeff Baxter and Eleni Baxter, husband and wife as community property with right of survivorship. hereinafter referred to as the "GRANTOR ", this 1 `3 L day of c-1-c) be_ , 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 tlat 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: - / . 1 Je B.rt Eleni Baxter (Acknowledgment and Notarial Seal Attached) EXHIBIT A All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 6, as shown on that certain Map entitled, "Tract No. 5959 ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on March 14, 1977 in Book 390 of Maps, at Page 42. CALIFORNIA ALL— PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of c 14 - 4 Ce- ?Hu (.,00 i PLi& lC On o��6 �a e.k �°! , 2v/ 0 before me J& A /O 1Are. , (Here insert name and title of the officer) personally appeared J C F� 1X "T�=� 2� El EN r K gX who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are ubscribed to the within instrument and acknowledged to me that il>;.rsh they�Aecuted the same in his/he itleii uthorized capacity(ies), and that by ltistlier ICsiy 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 law- „ - : - ; ' i ; _ _ foregoing paragraph IS true and correct. o - •-• is COMM. COM #1845475 z -s--• Notary Public • California z ' Gam Santa Clara County o My Comm. Exeires Apr. 21, 2013 WITNESS my h and official seal. • / Signatur fNotary Public t A (Notary Seal) 2 ADDITIONAL, OPTIONAL. INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California 71us9 contain verbiage enact as DESCRIPTION OF THE ATTACHED DOCUMENT cppearc above in the rrutar: section or n separate acknowledgment torn: nnsr be r L properly completed and attached To that document. The only exception t if u 6 2u-iTCCthll D2 .1 C-v'- rnt1^' dibfl document is to be recorded outside ul California. In such in anus, any alrerr r i, (Title or description of attached document] ock�rou =led�rmerat verbiage as rani be printed 011 such a aoc aone.n so long at ti:r verbiage does not require rice noun): to do something that is illegal for a Wotan t/v�d�C -�px v ( f-L, (� ti7c California ornia (i.e. certj Me autho,::ed capacity of the signer). Please chid i __.._ f.'� ( (Title or description of attached document continued) document carefstlly farproper notarial wording and attach this fo,:m ,frequired 3 J • State and County information must be the State and County where -the document Number of Pages 3 ^ Document Date r ")(if g ptt signer(s) personally appeared before the notary puhlic for acicnowledgmcnt. • Date of notarization must be the date that the signers) personally appea;cd 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 kJ dl -m his or het commission followed by a cornnta and then your uri (notary public), • Print the name(s) of document siencr(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!they, is ?are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer I� • The Wotan seal impression must be clear and photographically reproducible. 1. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits. otherwise complete a different acknowicdgment form E Partner(s) + Signature of the notary public nium match the sienatw un file V. iI the afire` the county cleri. ❑ Attorney-in -Fact Additional information is not required but could help to ensure this Trustees) acknowledgment is not misased or attached to a different document. • Other Indicate title or type 01 attached document number of )xa5e5 and chile Indicate the capacity, claimed by the aiguct If the claitticj capacity is a corporate officer indicate the title (1 c CEO. CFO, Secretary). R Securely attach this doeuniciii ;, jb; s;encd ducat 0nt 2008 Version CAPA 12.1 D.0 800-873-9865 www.NotarvClasses.com