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CC Resolution No. 07-210RESOLUTION N0.07-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM 1200 SAN MATED AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION, 10495 N. DE ANZA BOULEVARD, APN 326-33-110 WHEREAS, 1200 San Mateo Avenue, LLC, a California Limited Liability Corporation, has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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: Parcel B, of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 27~" day of August, 1980, in Book 469 of Maps, Page 39 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 18th day of December, 2007, by the following vote: Vote Members of the City Council AYES: Sandoval, Mahoney, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk APPROVED: Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-33-110 10495 N. De Anza Boulevard 1200 San Mateo Ave, LLC, a California Limited Liability Corporation, hereinafter referred to as the "GRANTOR", this day of ~ , 20~, 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 Parcel B, of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 27tH day of Au~ust,1980 in Book 469 of Maus, Page 39, 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 or overlying lands in the said lots to take from said underground basin within the said lots any and all water which the owner or owners of said overlying lands maybe 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 lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment, conveyance and authorization is.made for the benefit lots within . . the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. {Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA -~i ~ -~ ) COUNTY OF ~ r~ ~~ G ' '" " ) On~"~~'''~ 15' ~~ before me,~rr'~'~ "~ S n ~ G}C~ ~ ~O-Fzv, ~1 ~~.,~bl 1 y DATE ,,//~~ NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC personally appeazed, ~~~~ r~- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(` whose name( is/~e subscribed to the within instrument and acknowledged to me that he/~/trl~y executed the same in his/A~ar/their authorized capacity(), and that by his/her/tAair signature(' on the instrument the person, or the entity upon behalf of which the person} acted, executed the instrument. WITNESS my hand and official seal. AMBER RESNICK COMM. X1569954 3 NOTARY PUBLIC ~ CALIFORNIA C~'1 j SAN MATEO COUNTY ~ /,"/'IL`s Comm. Exp. JUNE 25, 2009 (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYWG ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRW'I' RIGHT THU[vffiPRINT