D-462 Quitclaim Deed and Authorization for Underground Water Rights, 10633 Mine CT , APN 316-47-022, Reso 10-092 RECORDING REQUESTED BY DOCUMENT: 20712146 Pages 6
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WHEN RECORDED MAIL TO AMT P A I D
City Clerk's Office REGINA ALCOMENDRAS RDE # 005
City of Cupertino SAN1 A CLARA COUNTY RECORDER 5/14/2010
10300 Torre Avenue Recorded at the request of 1 1 10 AM
City
Cupertino, CA 95014 -3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27281
QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND VVATER RIGHTS
10633 Mine Court
APN 316 -.I7 -022
Homestead Mine Court, LLC
7i Original
0 For Fast Endorsement
RESOLUTION NO. 10 -092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
HOMESTEAD MINE COURT, LLC., 10633 MINE COURT, APN 316 -47 -022
WHEREAS, Homestead Mine Court, LLC., 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 4th day of May, 2010, by the following vote:
Vote Members of the City Council
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
r
City Clerk / ► ayor, City of C . ertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 316 -47 -022
10633 Mine Court, Cupertino, CA 95014
Homestead Mine Court, LLC, a California limited liability company, hereinafter
referred to as the "GRANTOR ", this /6 day of /9r1' / , 2010, 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 Counl:y 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.
OWNERS:
/}
David Belleville, Pres. Real Estate Lending Group, Inc.
as Manager of Homestead Mortgage Income Fund, LLC
as Managing member of Homestead Mine Court, LLC
(Acknowledgment and Notarial Seal Attached)
EXHZHITT A
The land referred to is situated in the County of Santa Clara, City of Cupertino, State of
California, and is described as follows:
PARCEL ONE:
Lot 3 as shown on that certain Parcel Map filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on Oclaber 26, 2007, in Book 819 of Maps, at Pages
50 and 51.
RESERVING THEREFROM:
A non - exclusive easement appurtenant to Lots 1, 2 and 4 of the above referenced Subdivision,
for ingress and egress and public utilities and appurtenances thereto, over, under and across all
that portion designated as "Mine Court" on said map.
PARCEL TWO:
A non - exclusive easement appurtenant to Parcel iDne above, for ingress and egress and public
utilities and appurtenances thereto over, under and across all that portion designated as "Mine
Court" as shown on that certain Parcel Map filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on October 26, 2007, in Book 819 of Maps, at Pages
50 and 51.
APN: 316 -47 -022
Page 1 of 1
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
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State of California n
County of _ r,t,fi 1 Ck2tG(
On I t pQ Q1.6 before me, . /1� �./ ' 11 /C
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Date � w J f
personally appeared Dal ' f3e v -- --
Name/of Signer(
who proved to me on the basis of atisfactory evidence to
be the person whose name, ) &ay6 subscribed to the
within instrtfinent and acknowledged to me that
04.(e /may executed the same inen'llerr7thRt authorized
capacity(), and that byr /tt$ir signature) on the
-.:.. JENNIFER LIGON instrument the person), or the entity upon behalf of
,. C ommtaslon # 1777799 which the person,(,)' acted, executed the instrument.
i ` ^ �� Notary Public - California
` 't'_i� Santa Clara County 1 I certify under PEN' _ Y OF PERJURY under the laws
my Cann acireS Nov18.2011 of the State of C. iforn,: that the foregoing paragraph is
true and corre .
WITNESS y ha a and o' icial .:al. -
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Signature_ _ 4., , �
Place Notary Seal Above , �� • i ary - ub
OPTIONAL � v -_
Though the information below is not required by law, it may prove :luarle to persons relying on the document
and could prevent fraudulent removal and reattachment .1 1 s form to another document.
Description of Attached Document
Title or Type of Document: 414A_Clitfitike( 2 Document Date: 0 T Number of Pages: -
Signer(Other Than Named Above: __l — —
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L Attorney in Fact ioF SIGNER ❑ Attorney in Fact PF_SIGNER
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O Other: ❑ Other:
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