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13. Quitclaim Deed, 21881 Dolores Ave DPI~FT RESOLUTION N0.09-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, KONG-YEU HAN AND SUE-JANE HAN, 21881 DOLORES AVENUE, PARCEL 1 WHEREAS, Kong-Yeu Han and Sue-Jane Han, have 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 regular meeting of the City Council of the City of Cupertino this 7th day of July, 2009, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 13-2 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 21881 Dolores Avenue, Cupertino, CA 95014 Parcel 1 as shown on that certain Parcel Map entitled "Section 143 as shown on the map of `Map of Subdivision A Monta Vista', recorded in Volume P of Maps at page 20, Santa 'Clara County Records" which map was filed for record on February 17, 2009 in Book 830 of Maps at pages 30 and 31. Kong-Yeu Han and Sue-Jane Han, husband and wife as tenants in common hereinafter referred to as the "GRANTOR", this ~~_ day of ~Kn.e.._. , 2009, 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 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 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 GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. 13-3 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 WTINESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: i Kon •~ eu an r Sue-Jan Han (Acknowledgment and Notarial Seal Attached) 13-4 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Parcel 1 as shown on that certain Parcel Map entitled "Section 143 as shown on the map of `Map of Subdivision A Monta Vista', recorded in Volume P of Maps at page 20, Santa Clara County Records" which map was filed for record on February 17, 2009 in Book 830 of Maps at pages 30 and 31. 13-5 CALIFORNIA. ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ~4Y.~i// ~- [.-f~/~ On ~ ~ f ~~y~a before me, ~~ L,u f /t~~~~-u~~ pf.~~~G~ ;Here insert name'ajjnd title of the officer) ~/~vf? ,~! C~~.,lt personally appeared ~U~1 ~ - who proved to me on the basis of satisfactory evidence to be the persons whose name(~is/~r~ subscribed to the within instrument and acknowledged to me that he/she/t e~ executed the same in his/her/~'~iet authorized capaci ies ,and that by his/her/ let signature} on the instrument the persons or the entity upon behalf of which the person s~, cted, 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. `~~ / ~ Signature of Notary Public HONG L!U ~:,>;:. ~~ -~ ~~ COMM. # ' ?95577 ~~~~~° M~;.'_~v PUBL'% - CAUFORNIA~ ~~; „' SANTA Cl%,F;f~ COUNTY a~ My Comm. Expires April 17, 2012 (Notary Seal)~r.`:~tk~:wY= ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIIv1ED BY THE SIGNER ^ Individual (s) ^ Corporate Officer (Title) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate aclorox•ledgment form must be properly completed and attached to that docranent. The only exception is if a document is to be recorded outside of California. In such instances, arty alternative acknmvledgment verbiage as may be printed on such a document so long as~the verbiage does not require the notary to do something that is illegal for a notary in .California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for aclaiowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears u~thin his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. #ra/she/they- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different aclmowledgnent form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this aclmowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 Hnvw.NotaryClasses.com