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08. Quitclaim Deed 930 Rose Blossom DrDRAFT RESOLUTIOl`~T N0.09-117 A RESOLUTION OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEEI;- AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, ARINDAM CHAKRABORTY AND POMPEE CHAKRABORTY, 930 ROSE BLOSSOM DRIVE, APN 359-06-028 WHEREAS, Arindam Chakraborty acid Pompee Chakraborty, have executed a "Quitclaim Deed and Authorization", which i;~ 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 1:he attached Exhibit "ONE". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that thf; City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and 1:his resolution. PASSED AND ADOPTED at a regula~~ meeting of the City Council of the City of Cupertino this 21st 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 $-~ QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 359-06-028 930 Rose Blossom Drive, Cupertino, CA 95014 Arindam Chakraborty and Pompee Chakraborty hereinafter referred to as the "GRANTOR", this ~ ~ day of J t~ , 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: SEE ATTACHED EXHIBIT "ONE" 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. a-z IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: ~.~cM~~ ~ ~ ~rcJ~ c•~ ~~ t~rindam Chakraborty _-pQ'~,2Qi ~1.~~ I'ompee Chakraborty (Acknowledgment and Notarial Seal Attached) 8-3 EXHIBIT "ONE" .. . ....... ... ..,,. _ _ ,.Lot 9, as shown on that certain Map entitled, "Tract No. 2406", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on ' ~ ' `~- -~ - May 3, 1961 in Book 132 of maps, at page 17. - -Excepting therefrom the underground water rights granted to San Jose Water Works, a ~- -~ ` ~°- California corporation, by instrument dated June 6, 1961 and recorded June 7, 1961 in ~- ~-- - - Book 5190 of Official Records, page 209. - -~ CALIFORNIA ALL-PURPOSE ACKNOINLEDGMENT State of California County of ~ t~Q ~~C~-1~'~ - On ~"~ U~-L 0 °( before me, ~ ~-~-~-~f ~ lt- ~(~I57- N D ~~ ~ ~~~C'-- Date Here Insert Name and itle of the Officer personally appeared ~ V ~ ~ ~-W1 ~ a-~G'lr~. dJ ov ~/ Gw~r-Q ~ Uwt p-~ Name(s) Signer(s) who proved to me on the basis of satisfactory evidence to be tP~e person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that _ __ _ he/st)e/they executed the same in his/her/their authorized ~~ T ~ capacity(ies), and that by his/her/their signature(s) on the ~ ~ t~31~ instrrment the person(s), or the entity upon behalf of ~~ p,y~ . whic n the person(s) acted, executed the instrument. tad Cll~n Cowell ~~ ~ I certify under PENALTY OF PERJURY under the laws of thi: State of California that the foregoing paragraph is true and correct. WITf~ESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTION~~L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachrnent of this form fo another document. Description of Attached Document ~ - Title or Type of Document: `~I~N-~ U'~-'-~~ ~<~ C~ ~ry~-fJVI y,l.. ~ (~-~~2-~'~~ Document Date: ~' U ~- 6 ~ Number of Pages: ~ ll~''""` ~~ ~~ Signer(s) Other Than Named Above: '~ Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ Gene ^ Attorney in Fact ^ Trustee ^ Guardian or Conservat ^ Other: Signer Is Representi Top of thumb here :signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ Ger ^ Attorney in Fact ^ Trustee ^ Guardian or Conserv for ^ Other: :signer Is Representing: Top of thumb here X2007 National IJotary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91 313-2402 • wv/w.IJationalNotary.org Item k5907 Reorder: Call Toll-Free 1-800-876-6827 8-5 . i ;~y~ :. ? *~ ~ • ~:. l ~ is :. .7• . jr • ~ A T ~ ~ ' ~ ~ I t ` . ~~ ~~. -,~ .. ~ R 3-_ `~~ °ti `~ .. ..- - ~~ '~~ _ ~,, _ ~ g w~~ 4.. V ~ h ~{ I l t VG ~~' `'-~: ~ ~ ,~ a. ~~ '.max a , 2, Adopt a resolution accepting a Quitclaim Deed and Authorization for -" Underground Water Rights, Arindam Chakraborty and Pompee Chakraborty, 930 Rose Blossom Drive, APN 359-06-028, ~ Resolution No. 09- ~ i ~ L The property owners of this residential development agree to grant ~, to the City the right to extract water from the basin under the overlying property. '~ ~,` 1 rte: t ~ _.vd'