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08. Quitclaim 10056 Orange AveDRAFT RESOLUTION N0.08-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM MARCI PROPERTIES, LLC, 10056 ORANGE AVENUE, APN 357-17-058 WHEREAS, Marci Properties, LLC 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 16th day of September, 200$, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino s-~ QUITCLAIM DEED AND AUTHORLZATION FOR UNDERGROUND WATER RIGHTS APN 357-17-058 10056 Orange Avenue Marci Properties. LLC, a Delaware Limited Liability Company hereinafter referred to as the "GRANTTOR", this ~_ day of -~~i~S,~ , 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 ATTACI-IED EXF-IIBITS "A" AND `B" 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 GRAN"FOR 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 waxer 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. This assignment, conveyance and authorizaxic~n 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. 8-2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year fu~st above written. OWNER: .~ ss- Bill Marti Marti Pro rties. LLC (Acknowledgment and Notarial Seal Attached) 8-3 ~XHI~IT A That certain parcel of Land lying within the limits ofi incorporation of the City of Cupertino, State of Califiornia described as follows: Lots 20, 21 and 22 in Block 3 as shown on that certain Map entitled, "Resubdivision of Subdivision t~lo. 1, Tawn of Monta Vistan, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on Apri! 1-1, 1917 in Book "P" of Maps at page 24. s-a a, SCALE: 1" = 20' (LOT 23 PER BOOK P OF fv{AP5 PAGE 24) E~.ST 135.00' ~. ~. (LOT 22 PER BOOK P OF NEAPS PAGE 24) . .~ ~EkiSTIiVG LOT LINE r '~ o (LOT 21 PER BOJK P ~ ~ ~ OE MAPS PAGE 24) ~~ d ~~ EXISTING L4T LlNE~ (LOT 20 PER BOOK P OF MAPS PAGE 24) . .~., ~ ~. (LOT 19 PER BOOK P WEST 135.00' OF MAPS PAGE 24; 15.0' PLAT TO ACCOfi~PA(~I4' EY.HIBiT A FOR THE PURPOSES DEDiCAT1NG THE UNDERGROl1irID 1~JATER P.IGHTS a ri ~Q 0 ~~ C~#LIFORNIA ALL-PURPOSE ACKNOWLE©GMENT ' _~ State of Califiornia County of ~A~,4 Gl,~4~~ Or v2 ~ ~fUG . ~ ~ ~ before me, ~/~2?/ ..~' jat~~-~ ~a'Y.~/2y' /~i~QG~ ~ -- Date Here Insert Name and Title of the Klcer personally appeared ~iG ~i~4 F- `~l~ Name{s) of Signer(s) ~~~ who proved to me on the basis of satisfactory evidence to be the personss'j whose name{) is/a~ subscribed to the within instrument and acknowledged to me that he/s~te/thc~y executed the same in his/h~l'/th~i'F authorized capacity(i~s), and that by his/her/their signature(s,~ on the instrument the person(! or the entity upon behalf of which the persons,4'j acted, executed the instrument. ~Caeunana~aste~~e~c~eae~mo~eleetrn~u~~ ~ , • ..... ; K[PTl !. Pf1TEL 1 certrfy under PENALTY OF PERJURY under the laws ~ ~ COMM. N0.1542642 a of the State of California that the foregoing paragraph is s ~ t3oTaRYPUBUC-c++4l.tFORFpAs true and correct. ® SAPf TA CL.ARA COUMY .. ~ ~ ' cgiUtM. EXPIRES JAN. a, Zoos ~»rtts~ r.nr>la~a~eneomteeaaaane~ailrtu~s! WITNESS my hand and offici ea Signature Place Notary Seel Above S" Y ~~ . oPr-onraL Though the information below is not required by law, it may prove valuable fo persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Ti•:le or Type of Document: ~U ~ CL.Sr/~1 r~ C.~~ Dt~cument Date: ~~d,1'~o?~~- Number of Pages: Tu, ~ Signers} Other Than Named Above: C•~pacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer-Title(s): - C Partner - D Limited ^ General ^ Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer !s Representing: Top of thtunb here Signer's Name: ^ Individual ^ Corporate Officer-Title(s): - D Partner - ^.Limited D General ^ Attorney in Faci D Trustee ^ Guardian or Conservator D Other: _ - Slgner is Representing: Top of thumb here ®:'007 Naran~ Notary Assaaetlat • 9350 De Soto Ave., P.D. Box 2402 • Chatsavorlh, CA 91313-2402 • www.Natlonammtaryorg Iteitl 45.907 R~rder:Cak Tdl~Frae 1.6Wdc79~OB27 $-s