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CC Resolution No. 08-106 Reza Dev. QuitclaimRESOLUTION N0.08-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM REZA DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10484 BYRNE AVENUE, APN 357-14-078 WHEREAS, Reza Development, LLC, a California Limited Liability Company, 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: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". 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 5th day of August 2008, by the following vote: Vote Members of the City Council AYES: Sandoval, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: ~` ~^ ~ 1 V~V City Clerk APPROVED: -° ifIY~ r ~ r d ' ~~ Mayor, City f Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10484 Byrne Avenue APN 357-14-078 Reza Development LLC, a California limited liability company, hereinafter referred to as the "GRANTOR", this ~1t`' day of c~V~ 2008, 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 EXHIBITS "A" AND "B" 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 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 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. DEVELOPER: ;, ~ R.afi Reza Development, LLC, a California limited liability company Attach Notary acknowledgement Page 2 of 2 IFd 3/4' IP m Mon Box N I n~ C N Q 0 ~ ~ +~ ~ v Z I N C m 0 f o, x +~ o ~~ moo` f a I .-~ McClelran Rd Dolores - - Avenue P.O. . SET IP- - 51.00' East - - - - -90.15 - - -FD. IP r~ ~ AREA QUIT CLAIM DEED FOR '~' UNDERGROUND WATER RIGHTS I 10484 9YRNE AVENUE CUPERTINO, CA s 0 z 30.0' SET IP EaSt _ _ ~~o~ ~ssic,~~; ~`~~o ~g.8 ~ D~~9~F~ ~a ~ Q•.~ P?o. 3217 ~ A' •~'• JT ~'••CI V l ~;.•' ~~P j£OF CRt~`4~ I s 0 z _ 90.15 _ SET NAIL IN TREE 9 d EXHIBIT A QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS APN 357-f4-OP1 ADCO ENGINEERING DATE 1 z-1-o~ as soxra rrnsr srxssr sam sos REVISED suv .toss' c~tvaxs+r~ a6~rs ~ cazs~7 SCALE 1" =20' ucsArss No. -------- PAGE -LOF -1- EXHIBIT B QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHT LEGAL DESCRIPTION The undersigned, being the legal owner of the real property hereinafter described, hereby quit claim deed for underground water right as follows: Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue, where the same is intersected by the Southerly line of section 156, as shown on the Map of Subdivision "A`'' of Monta Vista of record in the office of the Recorder of the County of Santa Clara, State of California, in Book "P" of Maps, at Page 20; Thence running Northerly and along the center line of Buena Vista Avenue, 1.0 feet; thence running Easterly and parallel with the Southerly line of said section 156, 30.0 feet; thence from said point of beginning; Thence East 90.15' feet; thence South 43.3 feet; thence West 90.15'; thence North 43.3 feet to the point of beginning. Containing 3,903.5 SF, more or less. / `~~FC~ .~`~ O "9p ; ~~ . ~ ~-. ~~o. 32817 : r^ rr ~ m ~ ° Er.~. ~ -/~ ~ ~~••••CI V11..,.••~~Q,~ if Of CAL~F~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California `~ ~ (~ County of _ ~ 117 V~(~,1/~i On ~U..v~,.sL--I ~ ~~before me, ~~r,..-Q ~ J C Vu~!'I~ /U r(n C1.r lnl~,~ Date ~ Here Insert Name arfd Title of the Officer personally appeared P2GL ~~t I Name(s) of Signer(s) GRACE SCft~T a CosaNpbn / 1720127 3 Nobly Pubr;c !3~ Ctra Coungr Mr Cenwn. Ezpirrs Fib 21, 2011 who 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/sly/tp'ey executed the same in his/l~r/th~r authorized capacity(i~s), and that by his/her/t~ir signature(} on the instrument the person(;' 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 ~cial seal. Signature~~ ~ \ ,~ Place 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 Docu Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: Number of Pages Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: ~ ~ irl~ ®2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827