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D-451 Quitclaim Deed, 10128 Lebanon Drive, APN 342-14-023, Reso 10-054 RECORDING REQUESTED BY City of Cupertino DOCUMENT: 20664898 Pages: 7 WHEN RECORDED MAIL TO Fees .... - No Fees Taxes Copies City Clerk's O f f i c e AMT P A I D City of Cupertino 10300 Torre Avenue REGINA ALCOMENDRAS RDE # 01 1 Cupertino, CA 95014 - 3255 SANTA CLARA COUNTY RECORDER 4/02/2010 Recorded at the request of 10 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED 10128 Lebanon Drive APN 342 -14 -023 Carola V. Elliot Original l For Fast Endorsement RESOLUTION NO. 10 -054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, CAROLA V. ELLIOTT, 10128 LEBANON DRIVE, APN 342 -14 -023 WHEREAS, Carola V. Elliott, has 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: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: • City Clerk / .r, City of Cupe o z QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342 -14 -023 10128 Lebanon Drive Cupertino, CA 95014 Carola V. Elliott, hereinafter referred to as the "GRANTOR ", this day of WV( N 10 , 2000, 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 nothir g 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 shay 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. OWNERS: (/ atr4 C'arola V. Elliott (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California /_� nn .' County of CLNE� On k , 7--O/0 before me, 62/?9,6,2 � 1^-14 k %jA �1. ( C [Mite Here Insert Name and Yltle of the Officer personally appeared C.4r E 1' 11\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name( is /re subscribed to the within instrument and acknowledged to me that GRACE SCHMIDT i /she /they executed the same in h er /U authorized : Commission * 1720127 capacity(i4), and that by h Iher /t» it signatures) on the Notary Public - California t instrument the personO, or the entity upon behalf of Santa Clara County which the erson acted, executed the instrument. My Comm. Expires Feb 21, 2011 p I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h� and official s Li +z Place Signature �'� ace Notary Seal Above Signature of Notary Public 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 Title or Type of Docume t: t `� C 49,OL Document Date: fit) D -.( 'k— Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual = Individual ❑ Corporate Officer — Title(s): _ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General — RIGHTTHUMBPRINT Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER Attorney in Fact OF SIGNER ❑ Trustee To of thumb here Trustee Top of thumb here ❑ Guardian or Conservator Guardian or Conservator ❑ Other: = Other: Signer Is Representing: Signer Is Representing: .d - e,. re `a'--e'b e'. -ay -,�:: a `e> `w a -`s -W4 , <W •e. <-& er a_ a.- _ e •s -a'," Izr& wri -ar. e�- -e . e:6-.ev w,4�' a _.a, w,,_w,•-a, © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 EXHIBIT A Lot 4, Block 2, Tract No. 991 Carolyn Gardens Map No. 1, filed May 12, 1952 in Book 36 of Maps, at page 53, Santa Clara County Records. "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated March 9 2010, from 10128 Lebanon Drive to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on March 16 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: March 23, 2010 dinr■ By: - ± Julie Hej a Clerk R: ept %nist