CC Resolution No. 09-160 Quitclaim Deed, 10431 N De Anza BlvdRESOLUTIOl~~ N0.09-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED 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 shovm 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 6th day of October, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
City Clerk
APPROVED:
Mayor, City of C ertino
RECORDING REQUESTED BY AND
WHEN RECORDED PLEASE RETURN TO:
Apple Inc.
1 Infmite Loop, MS 4-LAW
Cupertino, CA 95014
Attn: Real Estate Counsel
SPACE ABOVE FOR RECORDING'S USE ONLY
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUNDS WATER RIGHTS
APN 326-33-114
Annle Inc, (formerly known as Apple Computer, Inc. j hereinafter referred to as the "GRANTOR", this
~'~ 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 utilitr~; 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.
GR~.NTOR:
App;.e Inc.
(FK~~ Apple Comp~r, Inc.)
Dan Whisenhunt
Senior Director,
Real Estate & Development
EXHII~IT "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 Z3 AND Z4, SANTA CLAR,a. COUNTY RECORDS.
APN: 3Z6-33-114 (Affects: Parcel One)
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
State of California )
ss.
County of Santa Clara )
On . as aao ,before me Margaret E. Jones, a Notary Public for the
State, personally appeared Gu ~u~- ,personally known to me
to be the person whose name is subscrik-ed 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,~execuf:ed 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 m hand and official seal. ~"~'~""'~'""~'
y MARGARET E JONES
'a Commission p 1676834 Z
.r ~ - ~ Notary Public - Calitorrtia >
.,-,^ Santa Clara County
~s.~-~ My Comm. Expires Jul 1T, 2010
Descri tion of Document:
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