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CC Resolution No. 09-008 Quitclaim Deed, 10160 Stern AveRESOLUTION N0.09-008 A RESOLUTION OF THE CITY COUNC;IL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM NANCY HONG AND DERECK X. LOI, 10160 STERN AVENUE, APN 375-12-006 WHEREAS, Nancy Hong and Dereck :X. Loi, 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 properly situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". 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 12th day of January, 2009, by thf; following vote: Vote Members of the City Council AYES: Mahoney, Wang, Sandoval, Santoro, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPRO ~~t-~l~ City Clerk Mayor, City of QUITCLAIM DEED AI\fD AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375-12-006 10160 Stern Avenue Nancy Hong and Dereck X. Loi, wife and. husband as joint tenants, hereinafter referred to as the "GRANTOR", this ~' ~' day of =~, 2008, 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: SEE ATTACHEI) EXHIBIT "A" to pump, take or otherwise extract water from 'the underground basin or any underground strata in the Santa Clara Valley for beneficial Lase upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRAI`ITOR 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 lot delineated upon the above described map or to authorize GRANTEE to rriake 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 lots within the above description and shall bind the owner of said lots within description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNER: ,.~ _~~~~~.- /_" Nancy HorF~ ~~~~ I)ereck X. Loi (Acknowledgment and Notarial Seal Attached) ACKNOWLEDGEMENT State of California } ss. County of Santa Clara } On ~2 ~3 , 2008 before me, Tajinder P Singh, Notary Public, personally appeared I'Y~ dY ~.y N a rv G ~~ ~~~E ~ 1< X , Lc; S , who proved to me on the basis of satisfactory evi'.dence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b;y his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJITRY under tl~e laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ Tp,,IINDER P. SINGH ~ COMM. # 1596223 NOTARY PUBUC-CAI,-fORN1A~ SANTA CLARA COUNTY COMM. DCP. AUG. 5.2009 Signature ~ (Seal) LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED A`.i FOLLOWS: Lot 299, as shown on that certain Map entitled 'Tract ~Jo. 1004", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on September 10, 1952 in Book 40 of Maps at page(s) 29 and 30. APN: 375-12-006