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CC Resolution No. 09-184 Quitclaim 10610 Johansen DrRESOLUTION N0.09-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MARIE L. MEDEIROS, 10610 JOHA.NSEN DRIVE, APN 375-36-012 WHEREAS, Marie L. Medeiros, has exec;uted 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; znd 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 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 ~~~ APPROV D: Ma or, City of Cup rtino QUITCLAIM DEED AI\fD AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375-36-012 10610 Johansen Drive, Cupertino, CA 95014 Marie L. Medeiros= hereinafter referred to as the "GRANTOR", this 3IS~ day of October , 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 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 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 case upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRAI`1TOR and its successors in ownership or 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 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 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 authc-rization 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. OWI\fER: Marie L. Medeiros (Acknowledgment and Notarial Seal Attached) S ACAT TgCHE~ NO KNO~~EDOEME1u ~A! Exhibiit "A" Legal De:~cription LOT 231, AS SHOWN ON THE MAP ENTITLED, "TRACT NO. 1088"' WHICH MAP WAS FILED FOR RECORD ON THE OFFICE OF TH:E RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRII. 16, 1953 IN BOOK 42 OF MAPS, PAGE 24 AND 29 INCLUSIVE. S ACATTgcH~D KN~~NLEp~EMrAR/Al Elvr CALIFORNIA NOTARY ACKNOWLEDi~EMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA On _10/31_, 2009, before me, Patience .~nne Starnes, Notary Public, personally appeared: Marie L. Medeiros Name(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature (s) on the instrument the person(s) or the entity upon behalf of which the person(s)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. '~`' ~_ ~ ~-~ ~~~- -~~ -~,..;;, W E y hand an cial seal. ~ P/~ ~ itNCE ANNE STARNES,~' o ~ j~.~..~~1 Cis-~~h1.u1756229 ~' I NOTARY PUBLIC - CALIFORNIA o _ c/~ 3 .q,:_ ~F ~/ SANTA CLARA COUNTY n9yr ~m EXp;~PS~~ry2s.~oii ~,~ Pati ce Anne Starn otary Public ----------------------------------------- OPTIOI~i ------------------------------------------ Although the data below is not reduired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY CUSTODIAN _X_ INDIVIDUAL DESCRIPTION OF ATTACHED DOCUMENT CORPORATE OFFICER TITLE(S) PARTNERS LIMITED GENERAL ATTORNEY IN FACT GUARDIAN/CONSERVATOR OTHER Quit Claim Deed & Authorization for Underground Water Rights TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 10/31 /09 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE