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CC Resolution No. 9847- RESOLUTION NO. 9847 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM YU-SHENG KAO AND HUNG-YING KAO; APN 357-03-062, 22407 NORTH WALNUT CIRCLE WHEREAS, Yu-Sheng Kao and Hung-Ying Kao have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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 and delineated on that certain map filed in the office of the County Recorder of the County of Santa Clara on the 15th day of September, 1977, in Book 404 of Maps at Page 3, Lot 4. 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 19th day of May, 1997, by the following vote: Vote Members 9__f the City Council AYES: Burnett, Chang, NOES: None ABSENT: None ABSTAIN: None Dean, Sorensen, Bautista AT~T/L~T: ~ity Clerk APPROVED: dity'o ki o QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-03-062 22407 N. Walnut Circle Yu-Shenll Kao and Hung-Ying Kao, hereinafter referred to as the "GRANTOR", this day of /~ ~)~ , 19.~ hereby grant, bargain, assign, convey, remise, release I~ --JI and forever ~uitclaim unto t CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of Lot 4, of that certain subdivision of real property situate in the Country of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 15th day September, 1977 in Book 404 of Maps at Page 3, 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 or overlying lands in the said lots to take from said underground basin within the said lots 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 lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. Page I of 2 This assignment, conveyance and authorization is made for the benefit of Lot 4, within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Hung-Y~hg Ka(~ ~ (Acknowledgement and Notarial Seal Attached) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COUNTY OF . _ before me, , Notary Public, ,~~y ~-..~c,';.'n :,:, ,,-,3 (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) i~are subscribed to the within instrument and acknowledged to me that tae~aheNhey executed the same in-his/her/their authorized capacity(ies), and that by ~6a~ner/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature //~~.~~. (Seal) SF-9474-8 (Rev. C - 6/95)