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19. 10484 Byrne Ave quitclaim deedraR,aFr RESOLUTION N0.08-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QCJITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM REZA DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10484 BYRNE AVENUE, APN 357-14-078 WHEREAS, Reza Development, 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 I'I' 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 5th day of August 2008, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 19-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10484 Byrne Avenue APN 357-14-07$ Reza Development LLC, a Califarnia limited liability company, hereinafter referred to as the "GRANTOR", this }1t'' day of t~VNE' 2008, 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 EDITS "A" AND `B" to pump, take or otherwise extract water from the underground basin or any underground strata iri 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 or overlying lands in 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 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 lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. 19-2 This assignment, conveyance and authorization is made ,for the benefit lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. DEVELOPER: i Raf Reza Development, LLC, a California limited liability company Attach Notary acknowledgement Page 2 of 2 ~ s - s Fd 3/4' IP Dolores In Mon Box Avenue N d- f P.O. ~ SET IP_ - - - - - - 1.00' East 90.15' - FD. IP ~ ~ ~ ~ ~ ~ AREA QUIT CLAIM DEED FOR '~ f ~ UNDERGROUND WATER RIGHTS ~ I f ~ f 10484 6YRNE AVENUE f ~ CUPERTINO, CA Q r f ~ Z . _ ._ 30.0 sir lIP East _ f 0 ~- Z f C m ~ ~ +~' o °~ ~o 1 I ~S fV(cClefl'an Rd. Q~o~ ~ssio~ ~~°~~aia~~9~F~~ s ~,. ti] ~ O ~ ~~ Pao. 32817 Exp. ~ -I~ •' ~~ ':, .~ ~ J~gjE F! CA cp~~\Q L O Z _ .- 90. i 5' _ sEl- NAZI IN TREE 9 ~_ EXHIBIT A QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS ADCO ENGINEERING s~ araxta xusr srnsrr smrs soa sas Aos~ c~trrnRxra asirs ~~ xo. C3E817 DdTB 12-1-07 RBYISBD scAtB ~s -~'=2a' PdGB -LOF -1- EXHIBIT B - QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHT LEGAL DESCRIPTION The undersigned, being the legal owner of the real property hereinafter described, hereby quit claim deed for underground water right as follows: Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue, where the same is intersected by the Southerly line of section 156, as shown on the Map of Subdivision "A" of Monta Vista of record in the office of the Recorder of the County of Santa Clara, State of California, in Book "P" of Maps, at Page 20; Thence running Northerly and along the center Line of Buena Vista Avenue, 1.0 feet; thence running Easterly and parallel with the Southerly line of said section 156, 30.0 feet; thence fmm said point of beginning; Thence East 90.15' feet; thence South 43.3 feet; thence West 90.15'; thence North 43.3 feet to the point of beginning. Containing 3,903.S.SF, more or less. Q~~Oc F t:~~~~ O .< 1 'OJ ~4:°% ~•~ loo. 32817~~ m, { _/~ ~ ~ Exp. .'~ '~hjF ~F CAL~F~~ 19-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State ofi California ~`~~ County of _ ~ ~t ~~ ,(~~~ , {~ t ~ On ~~--__~~~~before me, J C C_ Date Here Insert Name a d Tltfe d the Officer personally appeared P2G~ ~~~ I GiRACiE SClM~T Cm+l~iabi- # 172012T ~ > ~~ ~ ~ iol!~. i.zpins fib 21, 2D14 who proved to me on the basis of satisfactory evidence to be the person( whose name()' is/~r`e subscribed to the within instrument and acknowledged to me that he/st~/t~(ey executed the same in his/17~r~r authorized capacity(i~s); and that by his/her/t(xf;ir signature(~'j~on the instrument the person(; or the entity upon behalf of which the person(s~'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cal'tfiornia that the foregoing paragraph is true and correct. WITNESS my hand and p#~cial seal. Signature ~ 1 Place Notary Seal Above Signature of Notary Pubrc OPTIONAL Though the information below is not required by taw, it may prove valuable fo persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: lT S Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Tale(s): - ^ Partner - )] Limited ^ General ^ Attomey in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ber of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ D Partner - ^ Limited ^ General ^ Attomey in Fact ^ Trustee ^ Guardian or Conservator D Other: Signer Is Representing: Top of thumb here ®2007 Natbral Notary Association • 9350 De Sob Ave., P.O. Bwt 2402 • Chatsworth, CA 91313-2402 • www.NationaMotaryorg tiem 05907 Reorder: CaD To!-Free 1-600-876-6627 n 19-6