13. Quitclaim 10431 N. De Anza Blvd.EFPAFT
RESOLUTION N0.09-160
A RESOLUTION OF THE CITY COU:VCII, OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEE]~~ AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, APPLE INC.,
10431 NORTH DE ANZA BOULEVARD, APN 326-33-114
WHEREAS, Apple Inc., 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 situate in the City of Cupertino,
more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, as sh~~wn in the attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
"Quitclaim Deed and Authorization" so tende-red; 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 6th day of October, 2009, by the following vote:
Vote Members of the: City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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RECORDING REQUESTED BY AND
WHEN RECORDED PLEASE RETURN TO:
Apple Inc.
1 Infinite Loop, MS 4-LAW
Cupertino, CA 95014
Attn: Real Estate Counsel
SPACE ABOVE FOR RECORDING'S USE ONLY
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-33-114
Apple Inc, (formerly known as Apple Computer, Inc.) hereinafter referred to as the "GRANTOR", this
f't2'=~ day of September, 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 (the
"Property)
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 authorizes GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors
in ownership of the Property 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 Property for the purpose of
pumping, taking or extracting water or for any other purpose related to this Quitclaim Deed, or to authorize
GRANTEE to make any withdrawals of water which may damage any building or structure erected upon the
Property. This assignment, conveyance and authorization is made for the benefit of the Property and shall
bind the owner of the Property.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above
written.
GRANTOR:
Apple Inc.
(FKA Apple Comyt~r, Inc.)
Dan Whisenhunt
Senior Director,
Real Estate & Development
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EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
ALL OF PARCEL A, AS SHOWN ON THAT CERTAIN MAP RECORDED MARCH 7, 1988 IN BOOK 584
OF MAPS, PAGES 23 AND 24, SANTA CLAR/\ COUNTY RECORDS.
APN: 326-33-114 (Affects: Parcel One)
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CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
State of California )
ss.
County of Santa Clara )
On . 22 aao ,before me Margaret E. Jones, a Notary Public for the
State, personally appeared ~t lu~t~~u~ ,personally known to me
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon
behalf of which the person 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. MARGARET E. JoNEs
Commission ~ 1676834 Z
.r ~„ Notary Public - Cali(orrtia ;
Santa Clara County
My Comm. Expires Jul 17, 2010
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