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15. Quitclaim Deed 20100 Stevens Creek Blvd.DRAFT RESOLUTIOrT N0.09-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPT]NG QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JOSEJ?H T.H. CHEN AND CELIA H.F. CHEN, 20100 STEVENS CREEK BOULEVARD, APN 369-03-002 WHEREAS, Joseph T.H. Chen and Celia H.F. 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 iii the City of Cupertino, County of Santa Clara, State of California, as sho~nm 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 thf; City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and :his resolution. PASSED AND ADOPTED at a regula~~ meeting of the City Council of the City of Cupertino this 1st day of September, 2009, by 'the following vote: Vote Members of the ~~ity Council AYES NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 75-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 369-03-002 20100 Stevens Creek Boulevard, Cupertino, CA 95014 Joseuh T.H. Chen and Celia H.F. Chen, Husband and Wife, hereinafter referred to as the "GRANTOR", this o j day of Oil GtS~ 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. 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. 15-2 EXHIBIT "A" LSGAL D88CRIF'TIGN 8XHI8IT All that certain Real Property in the City of Cupertino, County of Santa C7.ara, State of California, described as follows: PAACSL 0liE s parcel A; as shown on that Certain Record of Survey filed September 19, 19fi8, Map Hook 242, page 19, Santa Clara County Rneards. Pl-RC]!L TiFQ Easement for ingress and egress and mutual access of motor vehicles conducive to the development, present and contemplated, granted to the Robert McDonald Erving Trust by instrument recorded October 7, 197?, Book D196 Official Records, Page 739, Santa Clara County Records, described as follows: A 19 toot strip lying Sasteriy of and contiguous to Parcel One above and running a depth of~200 feet from the Northerly property line of Parcel B, shown on Record of Survey recorded September 19, 1968, Map Book 292, Page 19, Santa Clara County Records. 15-3 IN WITNESS 'WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: S KATRINA CHOW COMM. #1833184 3 ~ NOTARY PUBLIC ~ CALIFORNIA n ~ SANTA CLARACOUNTY -' Comm. Exp. JAN. 25, 2013 (Acknowledgment and Notarial Seal Attached} .~ 15-4 CALIFORNIA ~~LL-PURPOSE CERTIFICATE OF A(;KNOWLEDGMENT State of California County of JC~.>/~~ ~ ~~~- On ~~ 03 , ~~ I before me, ~(i~,~"Y1 V1 ~ C•11 d t~ f~~~ (Here insert name and title of the officer) personally appeared ~Q SQ I~ ~ . H , C.G~c' h ~~ ('Q ~ ~~y {~. ~ (~ ~,-, who proved to me on the basis of satisfactory evidence to be the person ~s whose nam (s i are ubscribed to the within instrument and acknowledged to me that heishe/they executed the same in his/her eir uthorized capaci (ies ,and that by his/he thei signature(s) on the instrument the persons , or the entit~r upon behalf of which the perso>~~s~acted, execu e instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATRINA CHOW WITNESS my hand and official seal. ~, COMM. #1833184 ~ ~ `~ NOTARY PUBLIC • CALIFORNIA SANTA CIARA COUNTY -~ Comm. Exp. JAN. 25, 2013 (Notary Sea Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCU?~~NT (Title or description of attached document) -~ (~(lla~lq~-y I.+.~.eC Ws~e..l ~o~ (Title or description of attached document continued) I~'umber of Pages ~ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGI~BR ^ Individual (s) ^ Corporate Officer (Title) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETII~TG THIS FORM Any acknowledgtnenl completed in California must contain verbiage exactly as appears above in the notary section or a separate aclarmrledgrnent form must be properly completed acrd attadted to that document. The only exception is if a document is to be recorded outside of California. Lt such instances, arq~ alternative aclnoirledgrner7t verbiage as may be printed on such a docmnent so long as the ve~~biage does not require the notary to do something that is illegal for a notary in Ccrlifornia (i.e. certifying the authorized capacity of the sigr:erJ. Please check tl:e dccwnent carefully fw• proper notarial hording and attach this form if required. • State and County information must be the State and County where the docmnent signer(s) personally appeared before the notary public for acknowledgment. • 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 within his or her commission followed by a comma and then }'our 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. Iae/she/tlte~;- is /are) or circling the correct forms. Failure to wrrectly 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 ac}mowledgment 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 cou{d help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or t)~pe 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, Secretar}~). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 ntiwv.NotaryClasses.com