CC Resolution No. 10-200 Quitclaim Deed and Authorization for Underground Water Rights, 790 South Blaney Avenue, APN 369-11-048 RESOLUTION NO. 10 -200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
BLANEY VENTURE, LLC, A CALIFORN:[A LIMITED LIABILITY COMPANY,
790 SOUTH BLANEY AVENUE, APN 369 -11 -048
WHEREAS, Blaney Venture, 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 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:
/. _
City Clerk M,, 6r, City of Cuperti I •
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 369 -11 -048
790 South Blaney Avenue, Cupertino, CA 95014
Blaney Venture, LLC a California Limited Liability Company, hereinafter referred to
as the "GRANTOR ", this Z " `l day of 56Pre- Gil , 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 :he underground basin or any underground
strata in the Santa Clara Valley for beneficial Lase 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:
t / _ V u
M icha, McClellan ; f Q,14-e—r—
B:.aney Venture, LLC a California Limited
Liability Company
(Acknowledgment and Notarial Seal Attached)
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA aARA,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Beginning at the Westerly common corner of that certain 59.89 acre parcel of and described in the Deed from John P.
Crossley, et ux, to E.E. Newton dated January 9, 1912 and Reoorded January 9, 1912 in Book 38 of Deeds, Page 267,
Santa Clara County Records and that certain 33.474 acre parcel of and described in the Deed from Edwin G. Hall, et
ux, to Morgan E. Payne, dated May 2, 1893 and Recorded December 21, 1893 in Book 165 of deeds, at page 326,
Santa Clara County Records, said point of beginning being in the center line of Blaney Road; thence along the dividing
line between said 59.89 acre parcel and said 33.474 acre parcel South 58° 49' 37" East 317.57 feet; thence South 31°
10' 13" West 128.61 feet; thence on an arc of a curve to the left the tangent of which bears North 74° 20' 20" West
with a radius of 209 feet through a central angle of 15° 53' 35" an arc distance of 57.97 feet thence South 89° 46' 05"
West 146.81 feet to a pont on said center line of Blaney Road; thence along said center line North 0° 13' 55" West
267.25 feet to the point of beginning.
APN: 369 - 11-048
_
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
.
County of L.1 7 e L i?I( J
On �L' o`zc I f
J/' 6 before me, % � %-- ' ��� /m✓U;/J' fi
(Here insert name and ti((c of the officer) 1
personally appeared ; /'( i. J Q �� �✓
who proved to me on the basis of satisfactory evidence to be the person(s) whose name s Is re subscribed to
t
the within instrument and acknowledged to me th 1F /they executed the same i� - hi7h_ er /their authorized
capacity(ies), and that b' his er /their signature(s) on the instrument the person(s), or t o entity upon behalf of
which the person(s) acte , his
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph i
is true and correct.
�- ALISON J. SCHARNOW
Commission # 1873356
f +.' WITNESS my hand and official seal. z 4 -111 , Notary Public - California z
Santa Clara County
/ / My Comm. Expires Dec 17, 2013
�.L "ivy" ( (1)( t�a/ti r (Notary Seal)
• Signature of Notary Public
• • •
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