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D-474 Quitclaim Deed and Authorization for Underground Water Rights, 10395 Calvert Drive, APN 375-17-028, Reso 10-147 • DOCUMENT: 20834298 Pages: 7 RECORDING REQUESTED BY Fees.... * No Fees Taxes. City of Cupertino II II I I III III III II II I Copies . . AMT PAID WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 014 City Clerk's Office SANTA CLARA COUNTY RECORDER 8/25/2010 City of Cupertino Recorded at the request of 2 :36 PM 10300 Torre Avenue City Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10395 Calvert Drive APN 375 -17 -028 First LT of Cupertino, LLC A Original O For Fast Endorsement RESOLUTION NO. 10 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, FIRST LJ OF CUPERTINO, LLC, 10395 CALVERT DRIVE, APN 375 -17 -028 WHEREAS, First LJ of Cupertino, LLC, 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 3rd day of August, 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 Mt, City of Cuperti o QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375 -17 -028 10395 Calvert Drive, Cupertino, CA 95014 First LJ of Cupertino, LLC, hereinafter referred to as the "GRANTOR ", this day of July 08 , 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: jp2k 1K 'Lary Wan_ 1 skamp, Of er (Acknowledgment and Notarial Seal Attached) 1: CALIFORNIA ALL— PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I � State of California is County of cj 0,,y\ 1,' c r) R ! i On / S / io before me, QJc .kef -, / V , t , ( -- 0)(,) I c (Here insert name and title of the officer) E' /��, 3 personally appe ared {Y c ' l e3k ZO Ir►'1 �) f > , who proved to me on the basis of satisfactory evidence to be th- person whose name Artv subscribed to the within i strument and ac t owled ed to me that e,'s e fir executed the same in 0 '4t r authorized g y capacity(' s), and t at by h lerlt.: r signature(O o t L . ent the persoys), or the entity/upon behalf of which th person acted, e ute. the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph I is true and correct. f( ANGELA BAKER i Commission # 1794191 i r. WITNESS my hand a ffici seal. Notary Public - California E z ,1 San Mateo County i f L My Corm. E>gplres 22_,201_2_t (Notary Seal) 'r — _ — �_ Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM A.nv acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment forrn must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the j verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (T or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the coiie t singular or plural forms by crossing off incorrect forms (i.e. s lie /shetthey- is feee) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. 1, Impression must no) cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of 1 the county clerk. I ❑ Attorney-in-Fact act • Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. r_ ❑ Other indicate title or type of attached document. number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). i 1 • Securely attach this document to the signed document i� i 2008 Version CAPA v12.10.07 800 - 873 -9865 www_NotaryClasses.com EGIIBIT A LEGAL DESCRIPTION Real property in the City of CUPERTINO, County of SANTA CLARA, State of CALIFORNIA, described as follows: LOT 137, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 1004 ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF 111E COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 10, 1952 IN BOOK 40 OF MAPS, AT PAGES 29 AND 30. APN: 375 -17 -028 2 "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 July 8 2010, from 10395 Calvert Drive to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on August 3` 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 23, 2010 By: 4611, Juli: Tr ejza Cler ' ecep nist