09. Quitclaim Deed, Mission West PropertiesDRAFT
RESOLUTION NO. 09-1.00
A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, MISSION WEST PROPERTIES I,
L.P., 20400 MARIANI AVENUE, APN 316-22-018
WHEREAS, Mission West Properties I, L.P., 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 regular meeting of the City Council of the City of
Cupertino this 7th day of July, 20Q9, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUI~ID WATER RIGHTS
APN 316-22-018
20400 Mariam AvenuE~, Cupertino, CA 95014
Mission West Properties I, L.P., hereinafter referred to as the "GRANTOR", this
day of ZZ+, 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 a~. 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, 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 authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership or
overlying lands in the said lot 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 o~~vner or owners or others as a public utility;
provided, however, that nothing contained in dus instrument shall be deemed to authorize
GRANTEE to enter upon any of the lot delineated upon the above described legal
description for the purpose of pumping, taking or extracting water.
This assignment, conveyance and aut;r~orization 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, GRANTOR has executed this, instrument the day and
year first above written.
OWNERS:
Mission West Properties 1, LP
(Aclarowledgment and Notarial Seal Attached) Carl E. Berg, CEO of GP
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EXHIBIT "A"
LEGAL DESCRIPTION:
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
PARCEL ONE:
Parcel 2 as said Parcel is shown on the Parcel Map recorded November 23, 1977 in Book
408 of Maps, at Pages 14 and 15, Santa Clara County Records.
PARCEL TWO:
An easement over a portion of Parcel 1, for ingress and egress, as shown on the Parcel Map
above referred to.
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ACKNOWLEDGMENT.
State of: California
County of:.SQ~~Q G~~ Y~
LL ~_ ,~///
On ~UYI e ~~? ~OD~ ,before me, ! G1 ~. t~CISTI~o , o ~ ~y ~l /C
(name and title of the officer)
personally
who proved to me on the basis of satisfactory evidence to Ise the person (a'j whose name( is/al:e
subscribed to the within instrument and acknowledged to me that helshe/may executed the same in
his/ge>'~ir authorized capacity (aesj, and that by his/tacet/tfr~ir signature,(s~' on the instrument the person;(~j,
or the entity upon behalf of which the person(.a~"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
c ! / V . ~~~
Signature of Notary Public
,fi ; ENEDINA M. CASTRO
~, ; ~ Comm. # 1822808 v
a \e '~ ' + NOTARY PUBLIC • CALIFORNU4y
~ Sarrta Clara Cout-ri
G.... ~ MY Comm. Expires Nov. '1(5, 2012
(seal)
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