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11. Quitclaim Deed 10123 Berkshire Ct.RESOLUTION NO. 10 -050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, BERNARD P. MURPHY AND YVONNE M. MURPHY, 10123 BERKSHIRE COURT, APN 342 -12 -104 WHEREAS, Bernard P. Murphy and Yvonne M. Murphy, 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; 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 16th day of March, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342 -12 -104 10123 Berkshire Court, Cupertino, CA 95014 Bernard P. Murphy and Yvonne M. Murphy, husband and wife, as community Property with rieht of survivorship, hereinafter referred to as the "GRANTOR ", this day of .9 2010, 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 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 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 lot within the above described legal description and shall bind the owner of said lot within said legal description. 11 -2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Bernard P. Murphy v Yvonne . Mu by (Acknowledgment and Notarial Seal Attached) 11 -3 W . _; U '>s�3 A4- - _ ;!p$.!a�; !sj,Tt- :fit;- .!:�, ;ls�. . . ., :�.r j>`!:�e ,` ,•;cjc�:� State of California County of ban -+a. 6Qra- On Feb .-9 3, 0010 before me, yn /go n e. c�'mr� h Date Here Insert Name and Title of the Officer personally appeared urr) 0 ri ` Vnnn Mi'm - ft 0' KIM MARIE SMITH Commission #f 1867298 -�i Notary Public - CaWorAl x Z Santa Clara County Comm. Nov 1.20 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) - ais /are subscribed to the within instrument and acknowledged to me that he>rakte/they executed the same in' k}is{her/their authorized capacity(ies), and that by-hieA;& /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. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notarylliublic OPTIONAL 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 t Title or Type of Document: Gu i t c -I Leed j Auihor t ZAclo - Fol r O n de ro rounJ sa f e/ Ij Document Date: Than Named Above: 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 Representing: RIGHTTHUPoIBPRINT OF SIGNER of thumb here • Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Afflonvy in Fact • ❑Trustee Top of thumb here ❑ Guardian or Contervator ❑ Other: Signer Is Representing: �!i�!i��e \!� \=- !� \'�!���i \�! �\ f � \��i� :� /�i�! i��i \`�� \� � \�� \�� \ ✓: \� � � \� � � \ ✓i \:�: \ ✓ % \ti �� ! �����:�•�:�i�i \�! � \��\ � %`��� :�; : \ ✓i \ ✓: \�� \�� � \w �� �i�; :�, ✓: \�: � \'��• \✓ 11-4 I-Embuibit A The Land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as Wows: Lot 9, as shown on that certain Map entitled, Tract No. 6016, which Map was filed for record in the Office of the Recorder of County of Santa Clara, State of California on May 21, 1987, in Book 574 of Maps, Page(s) 14 and 15, - APN: 342 -12 -204 11 -5