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CC Resolution No. 09-125 Quitclaim Deed & Auth for Underground Water Rights, 22823 San Juan RdRESOLUTIOl~f NO. 09-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, AMY CHENG, 22823 SAN JUAN ROAD, APN 342-22-078 WHEREAS, Amy Cheng has execute~3 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 tenderE;d; 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 August, 2009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the (~ity Council Mahoney, Sandoval, Santoro, Wang, Wong None None None ,~ City Clerk APPROVED: ,~ Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-~22-078 22823 San Juan Road, Cupertino, CA 95014 Amy Cheng. a married woman as her sole a~ d e arate ro er hereinafter referred to as the "GRANTOR", this ~ day of ~ , 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quite aims unto the CITY OF CUPERTINO, a municipal corporation, herein~ifter 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 tJie 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 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 maybe entitled to take for beneficial use on said lands and to supply such •~vater 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 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 yeaz first above written. (Acknowledgment and Notarial Seal Attached) ^ MICHAE! W. CORBETT in COMM. #1742654 ~ _ NOTARY PUBLtC • CALIFORNIA y ~~ ALAMEDA COiJNIY Commission Expires April 25, 2011 ~_-~ 0 WNER: G~~EL1~i. ~ti~rr ~Clty- ~f Cupertino AARCEL ONE. All ~f SeGtian 4~3~ Map ofi Inspiration Halgf~ts, Mv~te Wista, as sF~~wn vn a Map re~vrded April 11, 1917, In Bc~~1c P, pate 15 oi' Maps, r~~cards of Santa Clara Cnunty, ~all'fort~ia. • CALIFORNIA .!ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califon~ia County of F ,~ On ~ l 7~(} ~ before lne, personally appeared (Here insert name gnd title ofthe C who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~are subscribed to the within instrument and acknowledged to me that ht~/they executed the salve in his/heir authorized capacity(ies), and that by leis e~leir signature(s) on the instrument the person(s), or the entity upon behalf of wluch the person(s) acted, 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. ~ •~ ~ W (Notary Seal) Sig ature of Notary Public ^MICHAE! W. CORBETT ^ COMM. #1742654 NOTARY PUBLIC • CALIFORNIA ~ ALAMEDA CC?~JNTY ~,\I` • Commission Erpires April 25, 2011 I;)) ADDITIONAL OPTIC)NAL 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 CLAIMED BY THE SIGNER ^ Individual (s) ^ Corporate Officer (Title) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any achraonrledgment completed ira Califa•nia must contain rerbiage exactly as avpears abore in the notary section a• a separate acd-»ou~ledgment form must be properly completed and attached fo that document. The only exception is if a document is to be recorded outside of California. In such iraslances, mry alfernative acknowledgment verGiage as ma>> be printed at such a document so long as the varbiage does not require the notary to do sauething that is illegal for a notary in California (i. e. cert~~ing the audaori-ed capaciq~ of the signer J. Please check floe d ocumenl carefully for proper raotaria/wording and atracla t/ais form if required. • State and County information must be the State and Count) where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that tine signer(s) personally appeared which must also be the same date the ackno~~dedgment is completed. • The notary public must print his or her name as it appears ~>,~ithin his or her commission followed by a conuna and then your title (notary public). • Print the name(s) of document siguer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Ine/she/t13ey, is /afe) 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, odnern~rise connplete a different acknowledgment form. • Signature of the notary public nmsi match the signature on file ~n~ith the office of the county clerk. Additioral information is not required but could help to ensure this aclanowledgment 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 ilne signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed docwnent 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com