CC Resolution No. 09-186 Quitclaim 10212 N. De Anza Blvd.RESOLUTIOl~" N0.09-186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
10212 NORTH DE ANZA, LLC, 10212 NORTH DE ANZA BLVD., APN 316-26-088
WHEREAS, 10212 North De Anza, LLC, a California Limited Liability Company, has
executed a "Quitclaim Deed and Authorizatio~i", 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 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: APPROV
C /1^')
City Clerk 1 `~-~ Mayor, City of Cupertino
QUITCLAIM DEED ANII AUTHORIZATION
FOR UNDERGROUNDS WATER RIGHTS
APN 316-".6-088
10212 North De Anza Blvd. Cupertino, CA 95014
10212 North De Anza , LLC. a California Linnited Liability Comnany hereinafter
referred to as the "GRANTOR", this o~c~ da.y of Iy c1V • , 2009, hereby grants,
bargains, assigns, conveys, remises, releases anct 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 iii expectancy of the GRANTOR as owner
of that certain real property situate in the Count3~ 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 us~~ upon the lands overlying said
underground basin, and GRANTOR hereby irre~rocably authorized GRANTEE, its
successors and assigns, on behalf of the GRAN7~OR 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 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 GRAJVTEE 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.
(Acknowledgment and Notarial Seal Attached)
(~VVNF.R ~~
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6EGINNING AT A POINT IN THE CENTER LINE OF SARATOGA-MOUNTAIN VIEW ROAD, AT
THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DISTRIBUTED TO LOULS
1 PAVISO, BY DECREE DF DISTRIBUTION ENTERED MARCH 27, 1908, IN THE SUPERIOR
., COURT OF THE COUNTY OF SANTA CLARA, IN MATTER OF THE ESTATE DF TAMES THOMAS,
DECEASED, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED MARCH 27, 1908, IN
~. VOIUME 330 OF DEEDS, AT PAGE 27b; RUNNING. THENCE NORTHERLY ALONG THE CENTER
LINE OF THE SARATOGA-MOUNTAIN. VIEW ROALI, 90 FEET; THENCE EASTERLY AND
PARALLEL WITH THE SOUTHERLY LINE OF THE ABOVE MENTIONED PARCEL DISTRIBUTED
TO PAVISO, 70 YARDS TO THE EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG 5AID
.~ EASTERLY LINE, 90 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG
THE SOUTHERLY LINE THEREOF, 70 YARDS TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE REAL PROPERTY BEGINNING ATA POINT IN THE CENTER LINE
OP SARATOGA-MOUNTAIN VIEW ROAD, AT THE :iOUTHWEST CORNER OF THAT CERTAIN
PARCEL OF LAND DISTRIBUTED TO LOUIS PAYI:~O, BY DECREE OF DISTRIBUTION ENTERED
MARCH 27, 3908, IN THE SUPERIOR COURT OF 7'HE COUNTY OF SANTA CLARA, IN THE
MATTER Of THE ESTATE OF ]AMES THOMAS, DE~:EASED, A CERTIFIED COPY OF WHICH
` ~ DECREE WA5 RECORDED MARCH 27, 1908, IN Yt)LUME 330 OF DEEDS, AT PAGE 276;
. RUNNING THENCE NORTHERLY ALONG THE CENTER LINE OFTHE SARATOGA-MOUNTAIN
VIEW ROAD, 90 FEET; THENCE EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF
THE ABOVE MENTIONED PARCEL DISTRIBUTED l~0 PAVISO, 70 FEET THENCE SOUTHERLY
AND PARALLEL TD THE EASTERLY LINE OF THE ABOVE MENTIONED PARCEL 90 FEET TO THE
SOUTHERLY LINE THEREOF, WESTERLY 70 FEET'TO THE POINT OF BEGINNING. ,
CALIFORNIA ALL-PURPOSE ACKNOVWLEDGMENT
State of California
County of ~~G~-a- C~-/~0~--
On (~ ~ ~''~ ~ ~ before me, l,t,Lt i~ tL~ X15 T , N ~ ~IQ- ~ (PZ(~j•[.1~
Date , Here Insert Name an Title of the Officer '
personally appeared S Gy ~ W ~-1-~(~+~ ~ ~~-f'Z
Name(s) of Signer(s)
JULIA KfNST
~ #-1839129
No4rT PrMk ' C
c.~ ~ ~s
who proved to me on the basis of satisfactory evidence to
be the person(~whose name(,~is/~ subscribed to the
within instrument and acknowledged to me that
he/sbE7tf~fi executed the same in his/h~F/th~iFauthorized
capacity(i,e~, and that by his/her/their signature~on the
instrument the person(; or the entity upon behalf of
which the personf,,a'J acted, executed the instrument.
I certily under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNI_SS my hand and official seal.
Place Notary Seal Above
Signature ~'~`~''
Signature of Notary Public
OPT/ONA1:
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 reattachmeant of this form to another document.
Description of Attached Document
Title or Type of Document: ;11.1--rc~t7l~,...~ ~~~ ~r 11~~L-V'~~~V7J1r~~ ila~'~.Ir- Z ~
Document Date: 1 1 ~-'~ Q 9 Number of Pages: 3 ~j1/ 316-~
Signer(s) Other Than Named Above: N I ~ ~ ~ p~
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representi
Signer's Name:
^ Individual
^ ~~orporate Officer -Title(s):
^ 'artner - ^ Limited ^ Ger
^ ,4ttorney in Fact /
^ -trustee
^ Guardian or Col
^ Other:
Signer Is
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