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D-875 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10590 NORTH TANTAU AVE, APN 316-18-035 RES.11-153RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27281 DOCUMENT: 21511710 11111111111111111111111111111111111111111111111111 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 6 i Fees.... No Fees Taxes... Copies.. ) AMT PAID RDE # 005 1/26/2012 9:02 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10590 North Tantau Avenue APN 316-18-035 10590 Tantau Investments, LLC, a Delaware Limited Liability Company �91 Original ^ O For Fast Endorsement 0 1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316-18-035 10590 North Tantau Avenue, Cupertino, CA 95014 nts. LLC. a Delaware limited liability company, hereinafter referred to as the "GRANTOR", this day o , 2011, 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 situated 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. GRANTOR: 10590 TANTAU INVESTMENTS, LLC, a Vela are UW to Liability Company C. Antho�y ShipA,*, Its Manager �� (Acknowledgment and Notarial Seal Attached) Exhibit A to Grant Deed REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 COMMENCING AT THE INTERSECTION OF THE PROLONGATION OF THE EASTERLY LINE OF THAT CERTAIN 19.27 ACRE TRACT CONVEYED BY JAMES E. GLENDENNING, ET AL, TO JOSEPH G. GLENDENNING, BY DEED DATED NOVEMBER 25, 1914, AND RECORDED NOVEMBER 25, 1914 IN BOOK 423 OF DEEDS, AT PAGE 424, SANTA CLARA COUNTY RECORDS, WITH THE SOUTHERLY LINE OF LOT 5 AS SAID LOT 5 IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF PARTITION OF THE GLENDENNING ESTATES IN THE QUITO-RANCHO", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY ON OCTOBER 24,1884 IN BOOK "B" OF MAPS AT PAGE I5; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE OF LOT 5, N. 89° 24' 39" E. 513.56 FEET; THENCE S. 0126 11" W. 954.95 FEET; THENCE.N. 67° 29' 18" E. 40.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF O BEGINNING ALONG THE WESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND, N. 00 2611" E. 660.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 880 58' 31" AN ARC LENGTH OF 77.65 FEET; THENCE NORTH 89' 24' 42" EAST 250.94 FEET TO A POINT ON THE EASTERLY LINE OF THE TRACT OF LAND CONVEYED TO JOE MARCHESE, ET UX, BY DEED RECORDED OCTOBER 5, 1944 IN BOOK 1227 OF OFFICIAL RECORDS, PAGE 30; THENCE ALONG SAID EASTERLY LINE, S. 0° 48' W., 580 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 4, AS SAID LOT 4 IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE PARTITION OF THE GLENDENNING ESTATES IN THE QUITO RANCHO", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY ON OCTOBER 24, 1884 IN BOOK "B" OF MAPS, AT PAGE 15; THENCE ALONG THE SOUTH-EASTERLY LINE OF SAID LOT 4, S.'670 29' 18" W., 320 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. APN: 316-18-035 6%; DELAWARE ALL-PURPOSE ACKNOWLEDGMENT CERTIFICATE State of Delaware County of New Castle On August 41", 2011 before me, Jean Marie Wagner, notary public, personally appeared C. Anthony Shippami, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under Penalty of Perjury under the laws of the state of Delaware that the foregoing paragraph is true and correct. WITNESS my hand and official seal ;' -AX2, � Si at e o otary ublic (Notary Seal), -i'. A' \ a�1le-1 Printed name of Notary Public M Commission Ex iration D Y p AAN MARIE WAGNER ��' • °°•:+y.; ►•,• Notary Public -State of DetawaM IN cam F.96 s %ilia Apo Po"1 F `'^�'•,",,,,,` ESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER (Title of document) Number of Pages � (Document Date) (Additional Information) CAPACITY CLAIMED BY THE SIGNER C. Anthony Shippam Manager 10590 Tantau Investments, LLC Al NIP RESOLUTION NO. 11-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, 10590 TANTAU INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 10590 NORTH TANTAU AVENUE, APN 316-18-035 WHEREAS, 10590 Tantau Investments, LLC, a Delaware 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 6th day of September, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Kimberly Smith, City Cle filbert Wong, Nrayor, City f Cupertino