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CC Resolution No. 07-142 RESOLUTION NO. 07-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM GRANADA AVENUE PROPERTY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 21891 GRANADA AVENUE, APN 357-16-019 WHEREAS, Granada Avenue Property, LLC, a California Limited Liability Company, has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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 and delineated on the attached Exhibits "A" and "B", 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 21st day of August, 2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Wang, Sandoval, Lowenthal, Mahoney None None None ATTEST: APPROVED: . ~ ci~ QUITCLAIM DEED AND AUTHORIZATION FOR'UNDERGROUND WATER RIGHTS APN 357-16-019 21891 Granada 4.venue Granada Avenue PrODertv. LLC. a California Limited Liability Comoanv. hereinafter referred to as the "GRANTOR", this day of .20-, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, bereinafter referred to as the "GRANTEE", i~ successors and assigns, all the rights, titles, interests, estates, claims and depumds, both at law and in equity, and as well in possession as in e of the GRANTOR as owner of that certain real property situate in the specifically described as follows: California, and to pump, take or otherwise 'extract water from the un gro ssm Qr any underground strata in the Santa Clara Valley for beneficial use upon th~ lands overlYing s?rid underground b~in, and GRANTOR here~y irrevocably autJ:1orized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or , , overlying lands ~ the said lots to take from said underground basin within the said lots any and all water which.the owner or,owners of said overlying lands maybe 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 ~ent shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdraWal of water which. ~ result in damage to any building or structure erected llp9n said lots. This assi8!lDlent, conveyance and autho#zation is made for the ben,efit lots within the above deScribed plat and description and shall bind the owner of said lots within said plat and description. I IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. . (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of (AL\Fo(2 N "A.. ) County of ~~~ G~('>. ) before me, ~Q'<A~ personally appeared }-{L l1\o.J...\W$ (here insert name and title of the officer) }JO~~1' pv B LI c... A\> "2 \ c...H.. l''-fJSRaUy lwOVi!Jlto me (or proved to me on the basis of satisfactory evidence) to be the personW whose nam~ is/8fe subscribed to the within instrument and acknowledged to me that he/shc/tl1c:f executed the same in hisfh".'1:fieir authorized capacitytks), and that by hislher/their signature(-sr on the instrument the person(-s), Of the elitity apQR behalf of~HAkh the pet:iQR(s) acted, executed the instrument. WITNESS my hand and official seal. ~/?~ ~gnature ofNotaIY Public . i.- - - ~ - - ~=.:. :~=.93l I NafaIy PublIc . CaIIforNa I "" tcInta Clara CounI1 . J\. ~~ : _~~l~"_T _, (Seal) . ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM . Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form 1IIUSt be properly completed and anached to that document. The only exception is if a document is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as may be printed on Such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and anach this form if required. DESCRIPTION OF THE ATIACHED DOCUMENT Qu \"\ c..LA\M, vEEO AND (Title or description of attached document) ,A;u-ru. v~reo~0 \.r-o~ (Title or description of attached document continued) NumberofPages.2- Document Date ({"2..~ (Additional information) CAPACITY CLAIMED BY THE SIGNER o Individual (s) o Corporate Officer (Title) o Partner(s) o Attorney-in-Fact o Trustee(s) ,R-Other DW N ErZ CAPA vI 2.10.05 C by Association ofProf...ionaJ Notaries '" CSA 800-873-9865 wwW.JIClIatycJauea.com · State and County information must be the State and County where the document 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 the acknowledgment is completed. · 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). · Print the name(s) of document signer(s) who personally appear at the time of notarization. · Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. IIeIshel~ is fare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. · The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment forin. · Signature of the notary public must match the signature on file with the office of the county clede. + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. -=- Indicate title or type of attached document, number of pages and date. -=- Indicate the capacity clirimed 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 EXHIBIT A LEGAL DESCRIPTION 21891 GRANADA AVENUE EXHIBIT.., . . . . ... ,A LEGAL DESCRIPTION: ALL OF LOT 36, AS SHOWN ON THAT CERTAIN MAP ENTIL TLED "SUBDIVISION "A" MONTA VISTA", AS RECORDED IN BOOK P OF MAPS, AT PAGE 20, SANTA CLARA COUNTY RECORDS. ALL LYING AND BEING IN THE CITY OF CUPERTINO, STATE OF CALIFORNIA, AND CONTAINING 0.5 ACRES, MORE OR LESS. SCALE: 1" = 30' ~ ~ PLAT TO ACCOMPANY EXHI~M:liAH{>t. 89"49'16"E 100.15' '\ w ~f'l) ~ ...... ('oJ . aco " r- aN a (/) ....- /' E-t / ~ Co.) ~ ~ -~ I ~T MONTA VISTA SUBDIVISION ~ .00' S89"49'16"W - - 100.15' -- <f. GRANADA A VENUE w (0- .....f'l) N~ aCO ON o (/)