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13. Quitclaim Deed 10568 McClellan Pl.DRAFT RESOLUTIOr1 N0.09-137 A RESOLUTION OF THE CITY COUT~CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, STEVE CHIH-HENG CHEN AND HSIU-MEI CHANG CHEN, 10568 MCCLELLAN PLACE, APN 359-20-039 WHEREAS, Steve Chih-Heng Chen and Hsiu-Mei Chang Chen, 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 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 th~~ 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 1st day of September, 2009, by the following vote: Vote Members of the Cit~Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 13-1 QUITCLAIM DEED AIVD AUTHORIZATION FOR UNDERGROUi`1D WATER RIGHTS APN 359-20-039 10568 McClellan Place, Cupertino, CA 95014 Steve Chih-Hens Chen and Hsiu-Mei Chang Chen, hereinafter referred to as the "GRANTOR", this ~f~ day of ~ u ~ ' "~ , 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 expect~.ncy of the GRANTOR as owner of that certain real property situate in the County of ~+anta Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherv~~ise 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 GRA:'~TTOR 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 s2.id overlying lands may be entitled to take for beneficial use on said lands and to supply sucJi water to such owner or owners or others as a public utility; provided, however, that nothi~ig contained in this instrument shall be deemed to authorize GRANTEE to enter upor- 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. 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. 13-2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: i Steve Chih-Heng ~;~,<~- S, c. -- ~~' (mac ~ ~~~`-~~L.~ Hsiu-Mei Chang Chen (Acknowledgment and Notarial Seal Attached) PLEASE SEE ATTACHED CURRENT CAL{FORNIA NOTARY FORM 13-3 ~Al.6F®1~IV1~, /s-6.L-P9JE~P®SE ~CKI~®V~/~E®~NIEAi3' . a~xc~.. >. - .:~ ..cam - - .,r~~c~rc-~-r>~~a~~~~r.~..c~c-r~~..c~c~~,r..~..c~rw~..c~.~z~..c=:taFr-,c=-c~ - :..~..c---r~..i~~- , .,~c..c-~.. _~..~,., State of California ~ " County of ~ On ~ before me, i_°~2 ~ `71~f"O ~!~ ~ ' Date nn j~ Here Insert Name nd Title of the Officer personally appeared Sl'~~ ~ ~ ('~-~\ ~ ty~.°/( {{1,\ 5 c Name(s) of Signer(s) ~_lh4 nG __~~ n - 'who proved to me on the basis of satisfactory evidence to . ~ Ise the person(s) whose name(s) ~e subscribed to the trvithin instrument- and acknowledged to me that. . " .a~~e they executed the same in f~is/her/their authorized c;apacity(ies), and that by. hisA~thetr signature(s) on the - instrurnerit the person(s), or the entity upon' behalf of KAREN ARMSTRONG LJR ~ ~ ~ ~vhich~ the person(s) acted, executed the instrurnent. COMM. #1855938 . _ ~ ~ s NOTARY PUBLIC - CALIFORNIA ~ _ ' . '. ~ " SAN7ACLARA COUNTY ~ I certify under PENALTY OF PERJURY under the laves Fo My Comm. Expires Jwe 27, 2013 of the State of California that the foregoing paragraph is `~ true and correct. : " 1'VITNESS my han nd offici seal. Signature Place Notary Seal Above 5 nature o1 tary Pu OPTIUNAL _ Though the information below is not required by law, it may prove valuable to persons relying on the docu and could prevent fraudulent removal and reat`achment of this form to another document. Description of Attached Document ~ - Title or Type of Document: QU ~ ~l'>, ; ~ ~,~ " d 0 ~ ~c'OrJ ,,nn t ~,v>.aer. ~ r'8 u+-CQ t~.cc.. iPvv~ ~ s • Document Date: !'FUI~ ![ `1,'t 9 ~ ~ • -~--._`7 ~~02 Cam; Number of Pages: Z. Signer(s) Other Than Named Above: ~ '~"~ " Capacity(ies) Claimed by S' er(s) Signer's Name: - ~ Individual D Corporate fficer -Title(s): Signer's Name: D Individual Officer - Title(sj: _ ^ Partner ^ Limited ^ neral D Partner - invited ^ General _ _ ^ Attorne in Fact ~ - - ^ Attorney in Fact . ~ I - ^ TrtlStee Top of thumb here D Trustee Top of thumb here ^ Guardian on ervator~ ^ rig onservator ^ Other: ^ Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association •.9350 De Soto Ave., P.O.Boz 2402 • Chatsworth, CA 91373-2402 • www.NationalNOlar):org Item x5937 Reorder. Call Toll-Free 1-800-876-6827 13-4 Ezh i bit; "A" All that certain real ,property situate in the County of Santa Clara, State of California, describec'. as follows: (City of Cupertino) Parcel 3 of that certain Parcel Map filed August 23, 1995 in Book 669 of Parcel Maps, Pages 23 and 24, Santa Clara Country Records. . Assessor's Parcel N~~mber 359-20-039 13-5