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CC Resolution No. 11-126 Quitclaim Deed and Authorization for Underground Water Rights, 21750 Rainbow Drive, APN 366-03-064
RESOLUTION NO. 11 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, BRUCE C. STEAKLEY AND JOYCE M. STEAKLEY, 21750 RAINBOW DRIVE, APN 366 -03 -064 WHEREAS, Bruce C. Steakley and Joyce M. Steakley, 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 2nd day of August, 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: �� 4u Kimberly Smit i y Clerk Girt Wong, Mayor, City of ertino C, QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 366 -03 -064 21750 Rainbow Drive, Cupertino, CA 95014 Bruce C. Steakley and Joyce M. Steaklev, husband and wife, hereinafter referred to as the "GRANTOR ", this fi -� day of : ✓ l y , 2011, 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 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*Sruce C. Steakley • •� M. Steakley (Acknowledgment and Notarial Seal Attached) • I EXHIBIT "A" LEGAL DESC'RIP'TION Real property in the Gty of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel 2, as shown on Parcel Map filed for record In the Office of the Recorder of the County of Santa Clara, State of California on December 3, 1998, in Book 710 of Maps, Pages 14 and 15. PARCEL TWO: A non - exclusive easement for ingress and egress, public utilities and sanitay sewer, 40 feet wide, over a portion of lots 6, 7 and 8, Tract 5990, fed May 22, 1979 in Book 442 of Maps, at Pages 12 and 13, Santa Clara County Records, designated thereon as "private access easements, public utility eas ementu, and as provided for In Instrument recorded Book F1S2 Offfdaf Records, Page 164. PARCEL THREE: A non - exclusive easement for ingress and egress and public utilities over the most West 40 feet of Lot 7, Tract 5990, filed May 22, 1979 in Book 442 of Maps, at Pages 12 and 13, Santa Clara County Records, and as provided for M Instrurrent recorded Book F152 Official Records, Page 164. APN: 366 -03-064 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ,-,,,cc r„c;r.,c:C .,r.,r..,./.. ,ce:rcrcccc„crcr ,,, . .crer.,c,-,cc,.<.r.,x _xC'erc<c c! ccG,c-.�c`.c ,..e.- c.,cr.,c<,.. 2cr ,>,T;,�, g State of California g C of 0 —, ,rt C--L 1 x3 g On A k before me, . 3 c�* -,_ -- ..e--,____V,.._ 1,1.--,...-V.- ,-- T ,,�� \r c ' D H nsert Name and Title of the Officer Ig � personally appeared . v...Gz- �r ���.L� -t+-� 1 :yet nt.,,-;i:._ SI Cc, ..- , i c- 1 Na ■_ 5 l who proved to me on the basis of satisfactory , evidence to be the person(s) whose name(s) V /are subscribed to the within instrument and acknowledged I, to me that hill's-Ile/they executed the same in j 5 hisfh&their authorized capacity(ies), and that by F JE BRUSH h omer /their signature(s) on the instrument the h ' Commission # 1809011 person(s), or the entity upon behalf of which the 7 N otary Public - California �$,' person(s) acted, executed the instrument. , i X271-.1 Santa Clara County 2412 Comm. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 61 paragraph is true and correct. i WITNESS my hand and official seal. , i 1 Signature: Place Notary Seal Above Signal r of Notary Public L'...-- ,1 OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document f g Title or Type of Document: D ,,-: �-a,. �Le b� .r. ,. - Le es. . ;c- � r , r , i?.-it-- Document Date: T IA k Number of Pages: 3 F Signer(s) Other Than Named Above: g Capacity(ies) Claimed by Signer(s) g Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): [1 Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT [7 Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER ❑ Partner — ❑Limited El General Top of thumb here [7 Partner — ❑ Limited ❑ General Top of thumb here ❑Attorney in Fact C7 Attorney in Fact g ❑ Trustee [1 Trustee ❑ Guardian or Conservator [7 Guardian or Conservator g ❑ Other: ❑ Other: I I, Signer Is Representing: Signer Is Representing: 5 ^ ^ ,� ,,. .� v� c^ t =c.�%c^u^�=,;^�=,„,.<c.,,,,k.-„ x c"c c,^ c^ ,,, ,^.,,,,wu u�,2„.„ .. c c cx ;,,.. - ... s=,.„< . , © 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 - 61327) Item #5907