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D-444 Quitclaim Deed and Authorization for Underground Water Rights, 19333 Vallco Parkway, APN 316-20-075 and 316-20-076, Reso 09-203 RECORDING REQUESTED BY DOCUMENT: 20607644 Pages: 6 City of Cupertino Fees.... + No Fees WHEN RECORDED MAIL TO III Taxes .. . Copies. AMT PAID City Clerk's Office _ City of Cupertino REu I NA ALCOMENDRAS RDE # 01 i 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 2/10/2010 Cupertino, CA 95014 -3255 Recorded at the request of 11 16 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 19333 Vallco Parkway APN(s) 316 -20 -075 AND 316 -20 -076 7 0riginal D For Fast Endorsement RESOLUTION NO. 09 -203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APPLE INC, 19333 VALLCO PARKWAY, APN(S) 316 -20 -075 AND 316 -20 -076 WHEREAS, Apple Inc., 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 o:' 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 special meeting of the City Council of the City of Cupertino this 15th day of December, 2009, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: �t /1.f�Lt_ /L/ELI 4 City Clerk yr or, City of Cup- ino RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: Apple Inc. 1 Infinite Loop, MS 4 -LAW Cupertino, CA 95014 Attn: Real Estate Counsel SPACE ABOVE FOR RECORDING'S USE ONLY QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -20 -075 and 316 -20 -076 tvreue41:1 4 2.0 to Apple Inc, (hereinafter referred to as the "GRANTOR ", this _ day of S ^^^, 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 (the "Property) 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 authorizes GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of the Property 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 10 enter upon any of the Property for the purpose of pumping, taking or extracting water or for any other purpose related to this Quitclaim Deed, or to authorize GRANTEE to make any withdrawals of water which may damage any building or structure erected upon the Property. This assignment, conveyance and authorization is made for the benefit of the Property and shall bind the owner of the Property. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. GRANTOR: Apple Inc. �f By: IJh1 V i r,h‘Yr /cPPuc �trc.cz -rv2- EX}f l i ; t 7' "A" REAL PROPERTY DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL A: ALL OF PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN TIIE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCII26, 1979, IN BOOK. 438 OF MAPS, PAGES 12 AND 13, AND A CERTIFICATE OF CORRECTION, RECORDED JUNE 15, 1979 IN BOOK E572, PAGE 33I OF OFFICIAL RECORDS. PARCEL B: ALL OF PARCEL 2, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN'1'I1E OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 26, 1979, IN BOOK 438 OF MAPS, PAGES 12 AND 13, AND A CERTIFICATE OF CORRECTION, RECORDED JUNE 12, 1979 IN BOOK E572, PAGE 331 OF OFFICIAL RECORDS. APN: 316 -20 -075 and 316 -20 -076 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT g fi State of California fi / ,` <9 County of Sk C,u� fi On R- V. ZOO before me, ,8r-)A._ ) /�GI -eS �! , (,� ) fi Date Here Insert Name and Title of the Officer /TG � "7/G' fi personally appeared � /d/ i�,a,Y 24/17, filet �' fi Name(s) of Signer(s) fi fi who proved to me on the basis of satisfactory fi evidence to be the person{* whose name(* is /ate §I fi subscribed to the within instrument and acknowledged fi to me that he /sire /they executed the same in fi his /laer /their authorized capacity(ies), and that by fi s /lasr /their si natur g fi signature* on the instrument the fi hi , ,‘ . / " person, or the entity upon behalf of which the fi , Netry s Commission _ person(,s1 acted, executed the instrument. fi • \ -. — / Soots Ciro County fi » t 3 I certify under PENALTY OF PERJURY under the fi laws of the State of California that the foregoing , paragraph is true and correct. fi fi WITNESS my hand and official seal. fi , < 4 , Signature: . - Ate/ y fi Place Notary Seal and /or Stamp Above Signature of •tary Public fi OPTIONAL fi Though the information below is not required by law, it may prove valuable to persons relying on the document r and could prevent fraudulent removal and reattachment of this form to another document. l fi Description of Attached Document fi Title or Type of Document: fi fi Document Date: Number of Pages: fi ?, � I Signer(s) Other Than Named Above: fi fi Capacity(ies) Claimed by Signer(s) Name: < ( Signer's Signer's Name: fi ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): }�. ❑ Individual RIGHT THUMBPRINT OF SIGNER ❑I ndividual RIGHT THUMBPRINT j� OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here [1 Partner — ❑ Limited ❑ General Top of thumb here fi ❑ Attorney in Fact ❑ Attorney in Fact fi ❑ Trustee ❑ Trustee fi ❑ Guardian or Conservator [1 Guardian or Conservator fi h ❑ Oter: fi [1 Other: fi Signer Is Representing: Signer Is Representing: fi ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary .org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 • "NO FEE 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 property conveyed by the deed or grant dated February 4 2010, from 19333 Vallco Parkway to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on December 15 2009, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 8, 2010 By Julie He z Clerk Rdeeptionist