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D-413 Quitclaim Deed, 20400 Mariani Ave, Reso 09-100 QUITCLAIM DEED AlvD AUTHORIZATION FOR UNDERGROUI\fD WATER RIGHTS APN 316-22-018 20400 Mariani Avenue,, Cupertino, CA 95014 Mission West Properties I, L.P., hereinafter :referred to as the "GRANTOR", this day of Z~, 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUI'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, anc. 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 t~se 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 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 deline«ted upon the above described legal description for the purpose of pumping, taking or extracting water. 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. OWNERS: IVlission West Properties 1, LP (Acknowledgment and Notarial Seal Attached) Carl E. Berg, CEO of GP ACKNOWLEDGMENT State of: California County of:.~Q~~(~ On .TU~e ~~ alQO~ ,before me, ~ l Gt ~~. GCIS~~rv, b u~-T ~ Pu61~G (name and title of the officer) personally ap who proved to me on the basis of satisfactory evidence to be the person (a'j whose name~dj isla~e subscribed to the within instrument and acknowledged to m.: that helsge/fey executed the same in his/bet'ir authorized capacity (iesj, and that by hislbeflthrsr signature.(.~on the instrument the person,Fa'J, or the entity upon behalf of which the person(aj'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tl-e State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature of Notary Public ~,. ` °' '•' ENEDINA M. CA3TR0 ~ ~~ Comm. ~ 1822808 v 11''! • NOTARY PUBLIC - CALIFORNU1a+ \\~ S~nla Chn Couu~~yy My Comm. Exphes Nov.15, 2012 (seal) Glu ru. RESOLUTIOr1 N0. 09-100 A RESOLUTION OF THE CITY COUrdCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEEI) AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MISSION WEST PROPERTIES I, L.P., 20400 MARIANI AVENUE, APN 316-22-018 WHEREAS, Mission West Properties [, 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 RESOL~IED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that th~~ 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: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPRO ED: City Clerk ayor, City of Cupertino