CC Resolution No. 11-153 Quitclaim Deed and Authorization for Underground Water Rights, 10590 North Tantau Avenue, APN 316-18-035 RESOLUTION NO. 11 -153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, 10590 TANTAU INVESTMENTS, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, 10590 NORTH TANTAU AVENUE, APN 316 -18 -035
WHEREAS, 10590 Tantau Investments, LLC, a Delaware 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 6th day of September, 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:
C eLc / i i i /(6 _
Kimberly Smith, City Cle G4bert Wong, ayor, City )f Cupertino
QUITCLAIM DEED AM) AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316 -18 -035
10590 North Tantau Avenue, Cupertino, CA 95014
10590 Tantau Investments, LLC, a Delaware limited li • ity company, hereinafter
referred to as the "GRANTOR ", this 5 day o , 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 situated in the Cou;ity 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.
GRANTOR:
10590 TANTAU INVESTMENTS, LLC, a
ela are Li ite s Liability Company
1 N ■ k i t
• C. A y Ship 1 , Its Manager
(Acknowledgment and Notarial Seal Attached)
Exhibit .A to
Grant Deed
REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE PROLONGATION OF THE
EASTERLY LINE OF THAT CERTAIN 19.27 ACRE TRACT CONVEYED BY JAMES E.
GLENDENNING, ET AL, TO JOSEPH G. GLENDENNING, BY DEED DATED
NOVEMBER 25, 1914, AND RECORDED NOVEMBER 25, 1914 IN BOOK 423 OF DEEDS,
AT PAGE 424, SANTA CLARA COUNTY RECORDS, WITH THE SOUTHERLY LINE OF
LOT 5 AS SAID LOT 5 IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF
• PARTITION OF THE GLENDENNING ESTATES IN THE QUITO - RANCHO ", WHICH
MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF
SANTA CLARA COUNTY ON OCTOBER 24, 1:884 IN BOOK "B" OF MAPS AT PAGE 15;
THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE OF LOT 5, N. 89° 24' 39" E.
513.56 FEET; THENCE S. 0° 26' 11" W. 954.95 FEET; THENCE.N. 67° 29' 18" E. 40.72 FEET
TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF
BEGINNING ALONG THE WESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF
LAND, N. 0° 26' 11" E. 660.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 88° 58'
31" AN ARC LENGTH OF 77.65 FEET; THENCE NORTH 89° 24' 42" EAST 250.94 FEET
TO A POINT ON THE EASTERLY LINE OF THE TRACT OF LAND CONVEYED TO JOE
MARCHESE, ET UX, BY DEED RECORDED OCTOBER 5, 1944 IN BOOK 1227 OF
OFFICIAL RECORDS, PAGE 30; THENCE ALONG SAID EASTERLY LINE, S. 0° 48' W.,
580 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 4, AS SAID LOT 4 IS
SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE PARTITION OF THE
GLENDENNING ESTATES IN THE QUITO RANCHO ", WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY
ON OCTOBER 24, 1884 IN BOOK "B" OF MAPS, AT PAGE 15; THENCE ALONG THE
SOUTH- EASTERLY LINE OF SAID LOT 4, S. '67° 29' 18" W., 320 FEET MORE OR LESS
TO THE TRUE POINT OF BEGINNING.
APN: 316 -18 -035
•
DELAWARE ALL- PURPOSE
ACKNOWLEDGMEINT CERTIFICATE
State of Delaware
County of New Castle
On August 4 2011 before me, Jean Marie Wagner, notary public, personally appeared C. Anthony
Shippami, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the skate of Delaware that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Si. . e o 'otary ublic (Notary Seal)
Printed name of Notary Public , ,
/ae /hG 0 2, ao /I
My Commission Expiration De e AN MARIE WAGNER
Notary Public - State of Delaware ;
lik COMM' Arras Doh Afar Pal- #
• ESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER
01.4...-
- ,/ , ai /'i •46
(Title of document)
Number of Pages I / (Document Date) g /y12Q //
(Additional Information)
CAPACITY CLAIMED BY THE SIGNER
C. Anthony Shippam
Manager
10590 Tantau Investments, LLC