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D-423 Quitclaim Deed, Apple, Inc., APN 326-33-114, Reso 09-160 RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: Apple Inc. 1 Infinite Loop, MS 4-LAW Cupertino, CA 95014 Attn: Real Estate Counsel S-PACE ABOVE FOR RECORDING'S USE ONLY QUITCLAIM DEED AND .AUTHORIZATION FOR UNDERGROUND ~JVATER RIGHTS APN 326-33-114 Annle Inc. (formerly known as Apple Computer, Inc.) Hereinafter referred to as the "GRANTOR", this 22°`-~ day of September, 2009, 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 (the "Property) 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 authorizes GRANTEE, its successors and assi};ns, on behalf of the GRANTOR and its successors in ownership of the Property to take from said underground basin 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 utilit}'; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the Property for the purpose of pumping, taking or extracting water or for any other purpose related to this Quitclaim Deed, or to authorize GRANTEE to make any withdrawals of water which may damage any building or structure erected upon the Property. This assignment, conveyance and authorization is made for the benefit of the Property and shall bind the owner of the Property. IN WITNESS WHEREOF, GRANTOR has exe<:uted this instrument the day and year first above written. GR.~NTOR: Apple Inc. (FKA Apple Com r, Inc.) B --/ Dan Whisenhunt Senior Director, Real Estate 8c Development ~~ CALIFORNIA ALL-PURPOSE ACKNOWLEI:~GMENT State of California ) ss. County of Santa Clara ) On .z~'. 22 aoo ,before me Margaret E. Jones, a Notary Public for the State, personally appeared ~~ LuLts~ -- ?u~ ,personally known to me 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 state of California that the foregoing paragraph i:~ true and correct. WITNESS my hand and official seal. MnRCAREr e. JoNes < ~ Commission • 4676834 Z ,~ , ~~ Notary Public - CalKOrnia > Santa Clara County My Comm. Expiree Jul 47, 2040 Descri lion of Document: Q c{ ; C i a ~ w- TJ ~27'~ a~ -n lA-u-~/LCO rJ ~~-Taa~„ '~ ~ RESOLUTION NO. 09-160 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APPLE INC., 10431 NORTH DE ANZA BOULEVARD, APN 326-33-1 14 WHEREAS, Apple Inc., 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 th.e 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 C:.ty 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 October, 2009, by the following vote: Vote AYES NOES: ABSENT: ABSTAIN: ATTEST: Members of the Cit•r Council Mahoney, Sandoval, Santoro, Wang, Wong None None None City Clerk APPROVED: Mayor, City of C ertino