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10. Quitclaim Deed 22045 Wallace DrDRAFT RESOLUTIOr~1 N0.09-202 A RESOLUTION OF THE CITY COUNCIL OF THE CTI'Y OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, KAREN RADL COCKERILL, 22045 WALLACE DRIVE, APN 326-02-037 WHEREAS, Karen Radl, has execute:d 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 re~il property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate i:c~ the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOL~~ED, 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 special meeting of the City Council of the City of Cupertino this 15th day of December, 2009, b3~ the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 10-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-02-037 22045 Wallace Drive Cupertino, CA 95014 Karen RadI Cockerill, hereinafter referred to as the "GRANTOR", this ~ day of p~ ~ e"' ~'" 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 "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 authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of 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 maybe 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 lat within the above described legal description and shall bind the owner of said lot within said legal description. ~0-2 1N WITNESS WHEREOF, GRANTOF~ has executed this instrument the day and year first above written. OWNERS: K,axen Radl Cockerill (Acknowledgment and Notarial Seal Attached) 10-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of ~ ~~ ~n (~ G On personally appeared ARCECIA ANIT ESTOESTA Commission ~ T 67A208 -~ Notary Pubtlc - California = z Santa Clara County MyCamm. E~lres.hm T0, 2010 l who proved to me on the basis of satisfactory evidence to be the person{s)-Gvhose name(aj is/a~'subscribed to tfie within instrument and acknowledged to me that p~lshe/tf~j executed the same in-k~slher/tbeir•"authorized capacity{i®s~; 'and that by ~tisYher/tt~eii"ignature{sj-on the instrument the person(s~'or the entity upon behal# of which the person(~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS hand and official seal.~A Si nature f "1 Place Notary Seal Above ~ Slgnahtre of Nat Public oPrfonraL Though the lnformaSon below is not required by faw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title ar Type Document Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer(s) Signer's Name: ^ Individual O Corporate Officer -Title(s): - ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: _ __ Signer is Representing: Top of thumb here Signer's Name: ^ Individual O Corporate Officer -Title(s): - ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here ®2007 National Notary Assxlation •9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaMOfaryorg Item #5907 Reorder: C~1 Tofl-Free 1-800-876.6827 ~~Uc 10-4 LEGAL DES~CRIpTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITLIATI~D IN THE CITY pF CUPERTINO, COLJPJ7Y OF SANTA CLARA, STATE OF CALYFORNIA, AND IS DESCRIBED ~~S FOLLOWS: Lot 2, Block 3, as shown on that certain Map of Tract PJo. 801, which Map was fried for record in the Office of the Recorder of the County of Santa Clara, State of Califamia on April 9, 1951 in Book 33 of Maps, Page{s) 16 and 17. APN: 326-02-037 10-5