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CC Resolution No. 11-038 Quitclaim Deed and Authorization for Underground Water Rights, 22140 Hibiscus Drive, APN 326-02-026 RESOLUTION NO. 11 -038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, SURESH R. TAMMANA AND SUBHA P. TAMMANA, 22140 HIBISCUS DRIVE, APN 326 -02 -026 WHEREAS, Suresh R. Tammana and Subha P. Tammana, have 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: City Clerk / Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -02 -026 22140 Hibiscus Drive, Cupertino, CA 95014 Suresh R. Tammana and Subha P. Tammana, husband and wife, as community property with right of survivorship, hereinafter referred to as the "GRANTOR ", this day of Feb r -- , 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 suet. 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 Su7sh R. Tammana " Subha P. Tammana (Acknowledgment and Notarial Seal Attached) EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California. County of Santa Clara., City of Cupertino, described as follows: LOT 13 in Stock 3,. as shown upon that certain Map entitled, *TRACT NO. 001 Homestead Villa," which map was filed for .record in the office of the Recorder of t;0e County of Santa Clara, State of California, on April t, 1331 in Book 33 cf maps at Pages 16 and 17. APN /ania= 326 -02 -026 End of Legal Description • CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Ij State of California li ,�' County o f mfr G :,•�.¢ i 1 On 0 L f G7 Z.o 0 before me, /e• C �/VG1,f� A �f/.r'L/ C ' : L (Here insert name and title of the officer) ■ t. �� personally appeare f /fr/�j g1 / tot //1. �` JGf e7, M /� I. who proved to me on the basis of satisfactory evidence to be the person() whose names ' is/ re_ subscribed to II the within instrument and acknowledged to me that he/she0E executed the same in his/her eir authorized capacit and that by his /her/ eir signatures on the instrument the persor0 or the entity upon behalf of which the personas acted, executed the instrument. ° 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ! is true and correct. i!' ! 1 . LI 1 WITNESS my hand and official seal . V 6 r � i' (Notary Let) , Signature of Notary Public = I 4 t ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as I DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment _form must be $ ' ' ! properly completed and attached to that document. The only exception is if a E document is to be recorded outside of California. 117 such instances, any alternative 1'' (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the 'E C verbiage does not require the notary to do something that is illegal for a notary in California (Le. cer•tf'ing the authorized capacity of the signer). Please check the 1 k l document carefully for proper notarial wording and attach this fornr if required I 1 (Tit or description of attached document continued) k ' • 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. I, • Date of notarization must be the date that the signer(s) personally appeared which lI 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). 1 • Print the name(s) of document signer(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. ii il tae /she /they, —is /are) or circling the correct forms. Failure to correctly indicate this !j ❑ Individual (s) information may lead to rejection of document recording. • ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. 1 Impression must not, cover text or lines. If seal impression smudges, re -seal if a i I (T sufficient area permits, otherwise complete a different acknowledgment form. C ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. 4 ❑ 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 the 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 I'. 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasscs.eom