D-411 Quitclaim Deed, 10855 N. Stelling Rd, Reso 09-107RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
NO FEE /N ACCORDANCE
WITH GOV. CODE 6103
I~~~~~~~i~~~~~~~~~~
RE!aINA ALCOMENDRAS
SAfJTA CLARA COUNTY RECORDER
Re<:orded at the request of
city
Pages g
Fees.... No Fees
Taxes.
Copies..
AMT PAID ---
RDE # 011
8/03/2009
202 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
QUITCLAIM DEED ANID AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
Stelling Palms of Cupertino, LLC
10855 N. Ste~lling Road
Tract No. 9983
[`~ Original
D For Fast Endorsement
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
10855 N. Stelling Rd
Amended Map of Tract No. 9983
Stelling Palms of Cupertino, LLC, hereinafter referred to as the "GRANTOR", this ~~
day of , 2009, hereby grants, barl;ains, assigns, conveys, remises, releases
and forever quitclaims unto the CITY OF CUP'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, and specifically described as follows:
SEE ATTACHED EXHIBIT "A"
to pump, take or otherwise extract water from t:he underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said
underground basin, and GRANTOR hereby irr:,vocably authorized GRANTEE, its
successors and assigns, on behalf of the GRAI`ITOR and its successors in ownership or
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 GR~~NTEE 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, GRANTOF: has executed this instrument the day and
year first above written.
GRANTOR:
Stelling Palms of Cupertino, LLC,
a California limited liability company
By; '`
' Keith Kolker, ice- resident
B;y:
Linda s oza, Vice .resident
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On April 13, 2009 before me, S. Howard, a Notary Public, personally appeared Keith
Kolker and Linda Espinoza, who proved to m~~ on the basis of satisfactory evidence to be
the persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities, and that by their signatures on
the instrument the persons, or the entity upon behalf of which the persons 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 official seal.
S. HOWARD
Conrnission #~ 1831595
~rY PuWfc - California ~
Santa Clara County -
Coaun. N ira Jai 17 2013
Exhibiit `A'
Legal Description
All that certain real property situated in the Cit}~ of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all of the land encompassed by the overall boundary line, as shown on the Amended Map
of Tract No. 9983, as said map was filed for rea~rd in the Office of the Recorder of the County
of Santa Clara, as File No. 19991681 on September 17, 2008, in Book 827 of Maps at Pages 21-
26, County of Santa Clara.
Said described area contains 1.105 acres, more or less.
~~ S
~/
~_; ~ v~~
~ Y 007139 ~ ~
Expires:
12/31/10
~~~TF 4F L `~O~~~P
CA
07/08/08
Prepared By:
JMH Weiss, Inc.
F:Uobs\4583-Las Palmas-CupertinoVvlaps\Agreements\4583-Water Legal-070808.doc
RESOLUTI01v N0.09-107
A RESOLUTION OF THE CITY COU]~1CIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, STEELING PALMS OF CUPERTINO,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
10855 N. STEELING ROAD, AME~~IDED MAP OF TRACT NO. 9983
WHEREAS, Stelling Palms of Cupertino, LLC, a California 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 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 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 regul~ir meeting of the City Council of the City of
Cupertino this 7th day of July, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Mahoney, Sand~~val, Santoro, Wang, Wong
None
None
None
City Clerk
APPROVED:
Mayor, City of pertino
~~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 ~troperty conveyed by the deed or grant dated
July 7th, 2009, from
10855 N. Ste~lling Road
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City
Council on July 7th, 2009, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: J u ly 15, 2009
Julia Kinst
Senior Office Specialist