16. Quitclaim Deed, 10855 Stellling Rda
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JUNIPERO SERRA FW4 ,,' ' ..
1.
Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Stelling Palms of
Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983,
~.~,:~..
~j~. Resolution No. 09- ~(, ~ -
~" The property owners of this multi-family residential development agree to grant to the City the right to extract water ~. ,
~ from the basin under the overlying property.
~.
2
Adopt a resolution approving a Stormwater Management Facility Easement Agreement, Stelling Palms of ,
Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983 ` ~ ,~
Resolution No. 09- ~,~, _ ~ -'~
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~ Through an agreement with the City, the property owners of this multi-family residential development will be =~-~€
required to grant ingress and egress rights to the City for the purpose of inspecting stormwater managemer~i
facilities installed in accordance with the approved Stormwater Management Plan.
..
3. _ ~.
Adopt a resolution approving a Stormwater Management Facilities Operation And Maintenance Agreement,
Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map ~, T
of Tract No. 9983, Resolution No. U9- !. 9 '~~ k
Through an agreement with the City, the property owners of this multi-family residential development will be -`= °`~
required to operate and maintain stormwater management facilities in accordance with the approved Stormwater a
Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions.
..
4. ``' g -
Adopt a resolution authorizing the execution of a maintenance agreement, Stelling Palms of Cupertino, LLC, a F '
California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983, Resolution No. 09- ~
il'
.»~ -
Through an agreement with the City, the property owners of this multi-family residential development will be
required to maintain all non-standard items within the City's right of way.
~a~~x
RESOLUTION N0.09-107
A RESOLUTION OF THE CITY COUNCIL 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, AMENDED MAP OF TRACT NO. 9983
WHEREAS, Stelling Palms of Cupertino, LLC, a California Limited Liability
Company, 11as 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, 2009, 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 UNDERGROUND WATER RIGHTS
10855 N. Stelling Rd
Amended Map of Tract No. 9983
Stellin~ Palms of Cupertino, LLC, hereinafter referred to as the "GRANTOR", this
day of , 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 «~ell 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 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 GRANTEE 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.
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IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
GRANTOR:
Stelling Palms of Cupertino, LLC,
a California limited liability company
By: I ~-
Keith Kolker, ice-President
By:
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 me 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
Commission #~ 1831595
Notary PubNc • California =
Santa Clara County '
~ i! Comm. Ex !p r~en 17, 2013
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Exhibit `A'
Legal Description
All that certain real property situated in the City 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 record 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.
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Expires:
12/31/10
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A
07/08/08
Prepared By:
JMH Weiss, Inc.
F:Vobs\4583-Las Patinas-Cupertino\A4aps\P.greements\4583-V~'ater Legal-070808.doc
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