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CC Resolution No. 11-037 Quitclaim Deed and Authorization for Underground Water Rights, 10600 North De Anza Boulevard, APN 316-02-103 RESOLUTION NO. 11 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, SI 24, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10600 NORTH DE ANZA BOULEVARD, APN 316 -02 -103 WHEREAS, SI 24, 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 15th day of March, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: s1 - s" City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -02 -103 10600 North De Anza Boulevard, Cupertino, CA 95014 SI 24, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, hereinafter referred to as the "GRANTOR ", this f _ day of e lL( , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitcla s 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 Ccunty 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: SI 24, LLC,a California limited liability company By: Sobrato Interests 2, a California limited partnership Its: Sole Member By: Sobrato Development Companies, LLC, a Califo • limited liability company Its: General Pa er / B . Jo ich.;l Sobrato Its: Manager (Acknowledgment and Notarial Seal Attached) • LEGAL DESCRIPTION Real property in the City of CUPERTINO, County of SANTA CLARA, State of CALIFORNIA, described as follows: PARCEL 2, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE • RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON NOVEMBER 23, 1977, IN BOOK 408 OF MAPS, PAGE(S) 16 AND 17. APN: 316 -02 -103 • • • • • • . CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Santa Clara } On F-�r /6 , 20 / f , before me, Andrea C. Amador, a Notary Public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(e whose name* is /w.e subscribed to the within instrument and acknowledged to me that he/site/.hey executed the same in his /hef/tl'r authorized capacityf,ies), and that by his/beethetr signatureCeon the instrument the person *, or the entity upon behalf of which the person(. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal NOTARY PUBLIC, STATE OF CALIFORNIA My Commission #1893705 Expires: June 25, 2014 r di z „ ANDREA C. AMADOR , Commission $ 1893705 'y , Notary Public - California z z 4 ; ,9 Santa Clara County M Comm. Expires Jun 25_2014 t