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CC Resolution No. 11-029 Quitclaim Deed and Authorizaiton for Underground Water Rights, 19050 Pruneridge Avenue, APN 316-06-033 RESOLUTION NO. 11 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APPLE INC., 19050 PRUNERIDGE AVENUE, APN 316 -06 -033 WHEREAS, Apple Inc., 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 March, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney NOES: None ABSENT: Wang ABSTAIN: None ATTEST: APPROVED: , C 1 42V City Clerk ( ayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316-06-033 19050 Pruneridge Ave, Cupertino, CA 95014 Apple Inc, hereinafter referred to as the "GRANTOR ", this l e ` day of 2� n , 20 1, 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 successor3 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 frorc 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 sa::d 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 upcn 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 shalt 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. 0 ' S: l Dan Whisenhunt / Sr. Director, Real Estate and Development (Acknowledgment and Notarial Seal Attached) EXHIBIT A Property Description Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Parcel 1 as shown on that certain Parcel Map which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 6, 1972 in Book 308 of Maps Page 12. APN: 316-06 -033 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of • i'. On TCh) . / 4 zO // before me, Bread G` A/At`5 � �J /iG , (Here ros name and title of th officer personally appeared 161 1') /t✓/ Cjr // e./ who proved to me on the basis of satisfactory evidence to be the persons) whose name( -s-) is /afe subscribed to the within instrument and acknowledged to me that he /sheftkey executed the same in his/her /their authorized capacity(i. , and that by his /xliierAlteii signatureesj on t1 e instrument the person(e); or the entity upon behalf of which the person(-s$ 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. 8. MAESTAS AO • Commission 1868519 WITNESS my hand and official seal. • • Notary Public - California Santa Clara County - 144/n9-S' M Comm. ' s Oct 17, 2013 (Kota Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notay section or a separate acknowledgment . form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title 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. certifying 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. • State and County information must be the State and County where the document Number of Pages Document Date signcr(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. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fors (i.c. El Individual (s) he /she /they, is /ere or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. 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. ❑ Partner(s) • Signature of the notary public must match thc signature on file with the office of the county clerk. ❑ 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 Indicate title or type of attached document, number of pages and date. Indicate thc 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 v12.10.07 800 -873 -9865 www.NotaryClasscs.com