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CC Resolution No. 09-104 Quitclaim Deed, 21881 Dolores AveRESOLUTION N0.09-104 A RESOLUTION OF THE CITY COUN(~IL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGfITS, 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 a.s 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 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Mahoney, Sando~ral, Santoro, Wang, Wong None None None City Clerk APPROV Mayor, City of Cup mo QUITCLAIM DEED AN]D AUTHORIZATION FOR UIVDERGROUNI) 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 14 ~ day of ~Kn~ , 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTTNO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all th~~ 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 u:~e upon the lands overlying said underground basin, and GRANTOR hereby ine;vocably 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 sari 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 ~~ny of the lot delineated upon the above described legal description or to authorize GR~-NTEE to make any withdrawal of water which will result in damage to any building or ~~tructure 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, GR:ANTOR_ has executed this instrument the day and year first above written. O'~UNERS: Kon eu an I~ Sue-Jan Han (Acknowledgment and Notarial Seal Attached) 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 e~rtitled "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 fcr record on February 17, 2009 in Book 830 of Maps at pages 30 and 31. CALIFORNIA A.LL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of .5~ G(a~~ On D ~ ~ ~~~q before me, personally appeared ~a~ ~ - ~tU' ~ /~ofG - / ~G~h~~i (Here insert name rand title of the officer) ~l~,dl ~' ~ 1 G~1 who proved to me on the basis of satisfactory evidence t:o be the persons whose names is/~ subscribed to the within instrument and acknowledged to me that he/:;he/t e~j executed the same in his/her/ eI authorized capaci ies ,and that by his/her/ f~i~ie signature s'~ on tht; instrument the person( or the entity upon behalf of which the persons , cted, executed the instrument. I certify under PENALTY OF PERJCTRY 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 '' ,~'~.~: rOMM. # "?55577 ~ ~ 1 `"~...~t N;," `-RV PUBIC ~ - CALtFORNIA~ ~.~ $~NTA CLC.+?A COUNTY My Comm. Expires AprN 17, 2Q12 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Title or description of attached document continued) Ntunber of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) ^ Corporate Officer (Title) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Arro acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be prc perly completed and attached to thot document. The only exception is if a document is to be recorded outside of California. In such instances, arty alternative acl~rawledgment 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 do~-ument carefully for proper Horatio! wording and attach this form if required • State and County informazion must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which -rust also be the same date the acknowledgment is completed. • I'he notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appeaz at the time of notarization. • [ndicate the correct singular or plural forms by crossing off incorrect forms (i.e. ae/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 acknowledgment 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 acknowledgment 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 v12.10.07 800-873-9865 www.NotaryClasses.com 'r