CC Resolution No. 09-107 Quitclaim Deed, 10855 N. Stelling RdRESOLUTIOr1 N0.09-107
A RESOLUTION OF THE CITY COUl`1CIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEEL) AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, STEELING PALMS OF CUPERTINO,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
10855 N. STEELING ROAD, AMEr1DED MAP OF TRACT NO. 9983
WHEREAS, Stelling Palms of Cupertino, LLC, a California Limited Liability
Company, has executed a "Quitclaim Deed ;end 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 exl:ract 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 they 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 fol]!.owing vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the (~ity Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
City Clerk
APPROVED:
Mayor, City of pertino
QUITCLAIM DEED APJD AUTHORIZATION
FOR UNDERGROUI`1D WATER RIGHTS
10855 N. Stelling Rd
Amended Map of Tract No. 9983
Stelling Palms of Cuuertino. 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 CUYERTINO, 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 ATTACHEU EXHIBIT "A"
to pump, take or otherwise extract water from ~:he underground basin or any underground
strata in the Santa Clara Valley for beneficial L.se upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRAI`tTOR 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 nothin;~ 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~iNTEE 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, GRANTOE~ 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-President
B y:
Linda s oza, Vice resident
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On April 13, 2009 before me, S. Howard, ,~ Notary Public, personally appeared Keith
Kolker and Linda Espinoza, who proved to mf; 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 wider the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
S. HOWARD
Cormnisaion +~ 1831595
Notary i'ubtic -California =
Santa Clara County
Comm. a Jan 17, 2013
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 rec;ord 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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07/08/08
Prepared By:
JMH Weiss, Inc.
F:Vobs\4583-Las Pabnas-Cupertino\Maps\Agreements\4583-Water Legal-0 70808.doc