CC Resolution No. 08-127 Quitclaim Deed 10056 Orange Avenue RESOLUTION NO. 08-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM MARCI PROPERTIES,
LLC, 10056 ORANGE AVENUE, APN 357-17-058
WHEREAS, Marci Properties, LLC 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 16th day of September, 2008, by the following vote:
Vote Members of the City Council
AYES: Sandoval, Mahoney, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
. ~ ~ ~C ~
City Clerk Mayor, City f Cupertino
QUITCLAIM DEED AND AUTHORIZATIOI~T
FOR UNDERGROUND WATER RIGHTS
APN 357-17-058
10056 Orange Avenue
Marci Properties. LLC. a Delaware Limited Liabilitv Comnanv hereinafter referred to
as the "GRANTOR", this day of ~c,~s,~ , 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 GR.ANTOR as owner
of that certain real property situate in the County of Santa Clara, State of California, and
specifically described as follows:
~ SEE ATTACHED EXIIIBITS "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 GR.ANTOR 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.
OWNER:
ir-~
Bill Marci
Marci Pro erties, LLC
(Acknowledgment and Notarial Seal Attached)
~ EXHI~IT A
That certain parcel of fand lying within the limits of incorporation of the City of
Cupertino, State of California described as fof{ows:
Lots 20, 2~ and 22 in Block 3 as shawn on that certain Map entitled, "Resubdivision af
Sul~division Na. 1, Tawn of Monta Vista", which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California an April 1-1, 1917 in
Baok "P" of Maps at page 24.
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C~?LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '
,%;c~.c--t.-.r-.~C:~~,c~<`~,~'~".c;Yr.FC'~ =.~CY` ~ -~G'.s'<*:- ~ .EtSf'O.GA~'-=_^-!'~~5.r
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St<<te of California
County of ~A~.4 ~~4r'd•~
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Date Here Insert Name and Tdle of the fficer
pefsonally appeared ~i t- ~i.~4~-/ F- `Gt-~~lG i ~f'
Name(s) of Signer(s)
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who proved to me on the basis of satisfactory evidence to
be the person~,s'j whose name(~s~) is/a~ subscribed to the
° within instrument and acknowledged to me that
he/sYie/th~y executed the same in his/h~r/th~F authorized
capacity(i~6), and that by his/her/their signature(s,} on the
instrument the person(~! or the entity upon behaff of
which the persons,s'j acted, executed the instrument.
~etu~ne.t~r~ra~e~aQ~ea~ooeoe~a~~ran~n~
m....~'~ ~(E~T~ PATEL C I certify under PENALTY OF PERJURY under the laws
M` , ' COMM. N0. 1542642 R of the State of California that the foregoing paragraph is
s` ° NOTARY PUBLIC • CJLLIFORNIA s true and correct.
~ ~ . ; SANTA CLARA COUMY
~ COMM. EXPIRES JAN. 8, 2009'
~rr~~er~ ~~arwasa~e~~oe~~~s~a~oneu~u~~1~ WITNESS my hand and offici sea
Signature
Plece Notary Seal Above Si ~ re o y Public
- OPTIONAL
Though the information betow is not required by law, ii may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
D~~scription of Attached Document
Ti :le or Type of Document: U~ll ~T CL~/~1 r~ G~) _
D~~cument Date: ~~d ~~02 ~J~- Number of Pages: Tw
Si~ner(s) OtherT..han Named Above:
C.~pacity(ies) Claimed by Signer(s)
Signe~'s Name: Signer's Name:
? Individual ? Individuai
? Corporate Officer - Title(s): ? Corporate Officer - Title(s):
C Partner Limited ? General ? Partner Limited ? General
C Attorney in Fact ? Attorney in Fact
C' Trustee Top of thumb here O Trustee Top oi thumb here
C Guardian or Conservator ? Guardian or Conservator
C Other: ? Other:
Signer Is Represeniing: Signer Is Representing:
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