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D-411 Quitclaim Deed, 10855 N. Stelling Rd, Reso 09-107 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10855 N. Stelling Rd Amended Map of Tract No. 9983 Stelling Palms of Cupertino, LLC, hereinafter referred to as the "GRANTOR", this ~~ day of , 2009, hereby grants, barl;ains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUP'ERTINO, 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 EXHIBIT "A" to pump, take or otherwise extract water from t:he underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irr:,vocably authorized GRANTEE, its successors and assigns, on behalf of the GRAI`ITOR and its successors in ownership or 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 GR~~NTEE 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, GRANTOF: has executed this instrument the day and year first above written. GRANTOR: Stelling Palms of Cupertino, LLC, a California limited liability company By; '` ' Keith Kolker, ice- resident B;y: Linda s oza, Vice .resident STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) On April 13, 2009 before me, S. Howard, a Notary Public, personally appeared Keith Kolker and Linda Espinoza, who proved to m~~ on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S. HOWARD Conrnission #~ 1831595 ~rY PuWfc - California ~ Santa Clara County - Coaun. N ira Jai 17 2013 Exhibiit `A' Legal Description All that certain real property situated in the Cit}~ of Cupertino, County of Santa Clara, State of California, described as follows: Being all of the land encompassed by the overall boundary line, as shown on the Amended Map of Tract No. 9983, as said map was filed for rea~rd in the Office of the Recorder of the County of Santa Clara, as File No. 19991681 on September 17, 2008, in Book 827 of Maps at Pages 21- 26, County of Santa Clara. Said described area contains 1.105 acres, more or less. ~~ S ~/ ~_; ~ v~~ ~ Y 007139 ~ ~ Expires: 12/31/10 ~~~TF 4F L `~O~~~P CA 07/08/08 Prepared By: JMH Weiss, Inc. F:Uobs\4583-Las Palmas-CupertinoVvlaps\Agreements\4583-Water Legal-070808.doc RESOLUTI01v N0.09-107 A RESOLUTION OF THE CITY COU]~1CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, STEELING PALMS OF CUPERTINO, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10855 N. STEELING ROAD, AME~~IDED MAP OF TRACT NO. 9983 WHEREAS, Stelling Palms of Cupertino, LLC, a California 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 situated in the City of Cupertino, more particularly described as follows: All that certain real property situated 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 regul~ir meeting of the City Council of the City of Cupertino this 7th day of July, 2009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Mahoney, Sand~~val, Santoro, Wang, Wong None None None City Clerk APPROVED: Mayor, City of pertino