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CC Resolution No. 09-181 Quitclaim 10650 Santa Lucia Rd.RESOLUTION NO. 09-181 A RESOLUTION OF THE CITY COUN(~IL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AU'T'HORIZATION FOR UNDERGROUND WATER RIGHTS, JOSHUA RICHARDSUN AND SHABNAM RICHARDSON, 10650 SANTA LUCIA RGAD, APN 342-16-035 WHEREAS, Joshua Richardson and Shabnam Richardson, have 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 shown in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; a.nd IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resohution. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 30th day of November, 2009, by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk ~~; APPRO D: Mayor, City of Cupe mo QUITCLAIM DEED AI\D AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-16-035 10650 Santa Lucia Road, Cupertino, CA 95014 Joshua Richardson and Shabnam Richardson, husband and wife as community roe hereinafter referred to as the "GRAZJTOR", this l i day of N c ~'Qn'~ 6-<-;% 2009, hereby grants, bargains, assigns, convey,, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all tl~.e 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 ~-s follows: SEE ATTACHEI;~ 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 GRAI\~TOR 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 sai~3 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 nothin;; 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 GR~~NTEE 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. 0 WNERS: ~~ ~_ J~~shua Richardson Si abnam Richardson S (Acknowledgment and Notarial Seal Attachedl EXHIBIT "A" LEGAL DE~~CRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: BEGINNING AT A POINT IN THE CENTERiINIE OF SANTA LUCIA ROAD 40 FEET WIDE DISTANT THEREON NORTH 44° 54' 30" WE<T 451.63 FEET; FROM THE INTERSECTION THEREOF WITH THE CENTERLINE OF MERR7CMAN ROAD, FORMERLY ALHAMSRA ROAD, 40 FEET WIDE; THENCE ALONG THE CENTERLIIE OF SANTA LUCIA ROAD, NORTH 44° 54' 30" WEST 01.53 FEET TO A 3/4 INCH IRON PIP! ;THENCE LEAVING SAID CENTERLINE OF SANTA LUCUI ROAD, NORTH 45° 05' 30" EAST 50.00 FEET TO A 3/4 INCH IRON PIPE; THENCE NORTH 64.79 FEET TO A 3 /4 IRON PIPE; THENCE SOUTH 89° 40' EAST 146.85 FEET TO A 3/4 INCH IRON PIPE; THENCE SOUTH 78.07 FEET TO A 3 j4 INCH IRON PIPE; THENCE NORTH 89° 40' WEST 73.43 FEET TO A 3/4 IRON PIPE; THENCE SOUTH 45° 05' 30" WEST 92.33 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOTS 84, 67 AND 88 AND ALL OF LOT 108 MAP OF INSPIRATION HEIGHTS, MONTA VISTA, FILED ON APRIL 11,1917, IN BOOK P OF MAPS, PAGE 13, SANTA CLARA COUNTY IRECORDS, AS SHOWN UPON THE MAP OF RECORD OF SURVEY FILED ON SEPTEMBER 3, 1953, IN BOOK 45 OF MAPS, PAGE 16, SANTA CLARA COUNTY RECORDS. CA~6FOF;NIA Al.L-PURPOSE ACKNOWL.E®GNlEN-~ r-~.~:~+,~_~:~~~:.c~.c~_~~~-~r~~r~..c~.c--~..~..c~_..c~, cc-~~~zc~c~.,c~.c~~c~-~-~r~~..~c~`- - ..c^~.,cr..c~.,~;c~r..~-r.,~r.:c~`.cr..c~~ State of California County of ~~'"-'' C ~-•~t'--~ M On i~~~'c:~'lB~-,2 . j ( ~Vo~ before me, -~:.~~s I~ ~ i ~..f ~ , ,, u^ ~--r-;----i pt~-~-~, ~- Date Herednsert Name and Ti of th Officer personally appeared ~-~ G~I'i U'~ r'' iC.-i~?-i?~S~r~! , ~J ~ ~I'ir~?j'.J,~sr'~ r? ;C r;f;:?.~S~rv Name(s) of signer(s) who pcotied to me on the 5asis of satisfactory evidence to . be the person(f~) whose name( /are subscribed to the within instrument- and acknowledged to me that Fa+e/they executed the same in der/their authorized capacityi,_ef~s), and that by L~#rei'/their signatures on the ~"° instrument the person(I~}, or the entity upon behalf of DAKSHA K. PA7EL which the person( acted, executed the instrument. '~- NO ADRY~p gL~IC 8CA960 NIA s ~ MY Comm7E piresMa~l7, 2013 . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE~iS my hand and official seal. it Sigriature ~~ ~'-~ Place Notary Seal Above Signat a of Notary Public oPrianra~ 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 reattachment of this form to another document Description of Attached Document Title or Type-of Document ~` ~AI~~^-~,~ L_k1-' O-:o: ?1,,.'~.o;~,~`~~~r :z~^, j,';,~~r,~c;~c~;~~ l.~%e„ti ~~1. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual D Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ~ •' ^ Trustee rop of tnt,mb Here ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partrier - ^ Limited ^ Genera( ^ Attorney in Fact . ^ Trustee D Gt.lardian or Conservator ^ Otter: Signer Is Representing: Top of thumb here ®2007 National Notary Association •:9350 De Soto Ave., P.O. Box 24D2 • Chatsworth, CA 91313-2472 • www.NalionalNotaryorg Item 85907 Reorder: Call Toll-Free t -800-876-6627