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D-485 Quitclaim Deed and Authorization for Underground Water Rights, 790 South Blaney Ave, APN 369-11-048, Reso 10-200 DOCUMENT: 20966883 Pages: 7 Fees.... No Fees RECORDING REQUESTED BY Taxes .. . Copies. City of Cupertino AMT P A I D WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 001 SANTA CLARA COUNTY RECORDER 11/18/2010 Recorded at the request of 2:30 PM City Clerk's Office City City of Cupertino 10300 Torre Avenue 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 790 South Blaney Avenue APN 369 -11 -048 Blaney Venture, LLC, A California Limited Liability Company Original l For Fast Endorsement RESOLUTION NO. 10 -200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 790 SOUTH BLANEY AVENUE: APN 369 -11 -048 WHEREAS, Blaney Venture, LLC, a California Limited Liability Company, 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 1st day of November, 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: ° 7 City Clerk M. •r, City of Cuperti• • QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 369 -11 -048 790 South Blaney Avenue., Cupertino, CA 95014 Blaney Venture, LLC a California Limited Liability Company, hereinafter referred to as the "GRANTOR ", this Z fi`' day of SCf'ri /46 , 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: Micha McClellan Blaney Venture, LLC a California Limited Liability Company (Acknowledgment and Notarial Seal Attached) • . CALIFORNIA ALL- PURPOSE I CERTIFICATE OF ACKNOWLEDGMENT State of California County of On 5��3 j ?CYO before me, .. L �i��l l 'i/14-1 i fit (Lim. (Here insert name and tit of the officer) personally appeared / A 4-44- 121 r l el ef f G C-A/ 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose names is re subscribed to the within instrument and acknowledged to me th __E - /she /they executed the same inhiss/her /their authorized I .' I _ capacity(ies), and that 'his/her /their signature(s) on the instrument the person(s), or t i entity upon behalf of which the person(s) actexecuted the instrument. j 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �+ ALISON J. SCHARNOW 445, � Commission # 18733 Ti 9 Notary P ublic - California z WITNESS my hand and official seal. z '' Santa clam county I , { i My Comm. Expires Dec 17, 2013 C7 -t/� /J / (Notary Seal) I Signature of Notary Public lt//{ , Mal/AU/It/ • ADDITIONAL OPTIONAL INFORMATION 1 INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a I 6(1111611144% lr' ` b _ — 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 ! verbiage does not require the notary to do something that is illegal for a notary in I I California (i.e. cert(ing the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this fonu 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 I 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 I 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 r otarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. I , ❑ Individual (s) #e/she/they— is /are) or circling the correct forms. Failure to correctly indicate this i iformation may lead to rejection of document recording. I ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • 5.ibmature of the notary public must match the signature on file with the office of 1 the county clerk. ❑ Attorney -in -Fact r Additional information is not required but could help to ensure this 1 ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 0 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 • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasscs.com EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Beginning at the Westerly common corner of that certain 59.89 acre parcel of land described in the Deed from John P. Crossley, et ux, to E.E. Newton dated January 9, 1912 and Recorded January 9, 1912 in Book 38 of Deeds, Page 267, Santa Clara County Records and that certain 33.474 acre parcel of land described in the Deed from Edwin G. Hall, et ux, to Morgan E. Payne, dated May 2, 1893 and Recorded December 21, 1893 in Book 165 of deeds, at page 326, Santa Clara County Records, said point of beginning being in the center line of Blaney Road; thence along the dividing line between said 59.89 acre parcel and said 33.474 acre parcel South 58° 4W 37" East 317.57 feet; thence South 31° 10' 13" West 128.61 feet; thence on an arc of a curve to the left the tangent of which bears North 74° 20' 20" West with a radius of 209 feet through a central angle of 15° 53' 35" an arc distance of 57.97 feet thence South 89° 46' 05" West 146.81 feet to a pont on said center line of Blaney Road; thence along said center line North 0° 13' 55" West 267.25 feet to the point of beginning. ARM: 369-11-048 ._� "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 September 22 " 2010, from 790 South Blaney Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on November 1 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: November 3, 2010 By: irsten Squarcia Clerk Receptionist