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D-413 Quitclaim Deed, 20400 Mariani Ave, Reso 09-100RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 1V~I'Mf~~~Q~~IP~~I'~~~'~ REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 6 Fees.... ~ No Fees Taxes... Copies.. _ AMT PAID RDE # 011 8/03/2009 202 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE /N ACCORDANCE WITH GOV. CODE 6103 QUITCLAIM DEED ANID AUTHORIZATION FOR UNDERGROUND WATER RIGHTS Mission West Properties I, L.P. 20400 Mariani Avenue APN 316••22-018 Original O For Fast Endorsement QUITCLAIM DEED AlvD AUTHORIZATION FOR UNDERGROUI\fD WATER RIGHTS APN 316-22-018 20400 Mariani Avenue,, Cupertino, CA 95014 Mission West Properties I, L.P., hereinafter :referred to as the "GRANTOR", this day of Z~, 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUI'ERTINO, 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, anc. 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 t~se 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 lot to take from said underground basin 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 deline«ted upon the above described legal description for the purpose of pumping, taking or extracting water. 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, GRANTOF: has executed this. instrument the day and year first above written. OWNERS: IVlission West Properties 1, LP (Acknowledgment and Notarial Seal Attached) Carl E. Berg, CEO of GP EXHIBIT "A" LEGAL DESCRIPTION: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel 2 as said Parcel is shown on the Parcel Map recorded November 23, 1977 in Book 408 of Maps, at Pages 14 and 15, Santa Clara County Records. PARCEL TWO: An easement over a portion of Parcel 1, for ingress and egress, as shown on the Parcel Map above referred to. ACKNOWLEDGMENT State of: California County of:.~Q~~(~ On .TU~e ~~ alQO~ ,before me, ~ l Gt ~~. GCIS~~rv, b u~-T ~ Pu61~G (name and title of the officer) personally ap who proved to me on the basis of satisfactory evidence to be the person (a'j whose name~dj isla~e subscribed to the within instrument and acknowledged to m.: that helsge/fey executed the same in his/bet'ir authorized capacity (iesj, and that by hislbeflthrsr signature.(.~on the instrument the person,Fa'J, or the entity upon behalf of which the person(aj'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tl-e State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature of Notary Public ~,. ` °' '•' ENEDINA M. CA3TR0 ~ ~~ Comm. ~ 1822808 v 11''! • NOTARY PUBLIC - CALIFORNU1a+ \\~ S~nla Chn Couu~~yy My Comm. Exphes Nov.15, 2012 (seal) Glu ru. RESOLUTIOr1 N0. 09-100 A RESOLUTION OF THE CITY COUrdCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEEI) AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MISSION WEST PROPERTIES I, L.P., 20400 MARIANI AVENUE, APN 316-22-018 WHEREAS, Mission West Properties [, L.P., 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 situated in the City of Cupertino, more particularly described as follows: All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOL~IED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that th~~ 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 7th day of July, 2009, by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPRO ED: City Clerk ayor, City of Cupertino ~~NO F'EE" 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 K>roperty conveyed by the deed or grant dated June 22"d, 2009, from 20400 Maria~.ni Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on July 7t", 2009, and the grantee consents to recordation thereof by its duly authorized officer. Dated: J u ly 15, 2009 Julia st Senior Office Specialist