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CC Resolution No. 11-130 Quitclaim Deed and Authorization for Underground Water Rights, 10483 Mira Vista Avenue, APN 357-04-080 RESOLUTION NO. 11 -130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, RONSDALE MANAGEMENT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10483 MIRA VISTA AVENUE, APN 357 -04 -080 WHEREAS, Ronsdale Management 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 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: • Kimberly Smit j - y Clerk Gilbert Wong, Mayor, City of ertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -04 -080 10483 Mira Vista Avenue, Cupertino, CA 95014 Ronsdale Management LLC, a California Limited Liability Company, hereinafter 201 hereby referred to as the "GRANTOR ", this :,�� _ da y o , 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: R onsdale Management LLC Primary Agent: Yin Chan (Acknowledgment and Notarial Seal Attached) r . EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and Is described as follows: • PARCEL ONE: • Parcel B, as shown upon that Record of Survey, which Map was recorded May 25, 1967, in Book 222 of Maps, Page 48. • . Excepting therefrom the following described Parcel: Beginning at an iron pipe in the North boundary of Santa Paula Avenue, 40 feet wide, said pipe also being the Southwest comer of Parcel "A" as shown on the Record of Survey recorded in • Book 222 of Maps at Page 48, Santa Clara County Records; thence proceeding along the West boundary of said Parcel "A" 100.12 feet to the true point of beginning; thence along the projection of said West boundary of Parcel "A" North 0° 07' 00 " East 34.51 feet; thence leaving said boundary and proceeding parallel to said North boundary of Santa Paula Avenue South 89° 53' 00" East 40.12 feet; thence parallel to said projection of the West boundary of Parcel "A" South 0° 07' 00" West 34.51 feet to the North boundary of the aforementioned Parcel "A "; thence along said North boundary North 89° 53' 00" West 40.12 feet to the point true point of beginning, pursuant to lot line adjustment recorded December 4, 2007 as Instrument I 19670601. • PARCEL TWO: An easement for Ingress and egress over a strip of land 15.00 feet In width, the Southerly line of which is described as follows: Beginning at the point of intersection of the dividing line between Lots 9 and 28 in the Westerly line of McClellan Road, as said Lots and Road are shown upon that certain Map entitled, "Map of Las PaImos Manta Vista" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book "P" of Maps at Page 17; thence from said point of beginning North 89° 53' West along said dividing line between Lots 9 and 28 for a distance of 100.12 feet and the terminus of said easement, said easement is appurtenant to and for the benefit of that certain tract of land described in the Deed from Alice R. Thatcher as her separate property to Frank R. Gamba and Phyllis A. Gamba, his wife, as joint • tenants, dated April 20 1962 and recorded May 11th, 1962 in Book 5571 Official Records, Page 155, Recorder's Series Number 2190825. APN: 357 - 04.080 - I Page 1of1 • • • • CALIFORNIA ALL - PURPOSE { CERTIFICATE OF ACKNOWLEDGMENT State of California ,ct County of Lmit 0144.4— On, � Isl before me, SYt /lA� J � LEA -1 L t' V - 6ti� s = ���� (i -[ere insert name and title of the officer) personally appeared C��iA A -' who proved to me on the basis of satisfactory eviden to be the person(s) whose name 1. re subscribed to the within instrument an. - . nowledged to me th he /they executed the same i (r er /their authorized capacity(ies), and that • /their signature(s) on the instrument the person(s), or t 1e entity upon behalf of which the person(s) acte•, 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. , l .,, ROSA ANNA JUAREZ � :_ Commission # 1765952 my h I d a nd o seal. i Yt f 'a Notary Public - California 1 S 'T 7 / Santa Clara County T - - — M/Conm. ExtiresSeel 2011 _It j .. i 3 - - Signature of Notary Public (Notary Seal) , 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 nolary section or a separate acknowledgment form must be / n — properly comp if ted and attached to that document. The only ecception is a b l ,�•', K�I aorument is to be recorded outside of California. In such instances, any alternative Ti " Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the i verbiage does not require the notary to do something that rs illegal for a notary in +, I — (Title or 61144111 kjeaell" California (i.e. certi rig the authorized ed capacity of the signer) Please check the t description of alt tad document continued) aocument carefully for proper notarial wording and attach this form if required i • State and County information must be the State and County where the document Number of Pages Document Date t y ' ' signer(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 thc acknowledgment is completed. j (Additional information) • The notary public must print his or her panic as it appears within his or her t commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at thc time of notarization. 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