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CC Resolution No. 9998- RESOLUTION NO. 9998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM LIANG LEE, FRANK SENG FAT LIONG AND EASY FORTUNE INVESTMENT AND DEVELOPMENT LLC, APN 357-16-021,10066 BYRNE AVENUE WHEREAS, Liang Lee, Frank Seng Fat Liong, and Easy Fortune Investment and Development LLC 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 in the attached Exhibit "A" and Exhibit "B". 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 3rd day of November, 1997, by the following vote: Vote Members of the City Council AYES: Burnett, NOES: None ABSENT: None ABSTAIN: None Chang, Dean, Sorensen, Bautista ATTEST: Ci~ ~A.~~yED: Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-16-021 10066 Byrne Avenue Liang Lee, Frank Sen~ Fat Liong and Easy Fortune Investment & Development L.L.C., A California Limited Liability Company, hereinafter referred to as the "GRANTOR', this . day of/rg;~/~/ 199.7_, hereby grant, bargain, assign, convey, remise, release and forever · quitclaim unto the CITY OF CUPERTINO, a municipal corporah'6n, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, 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" & "B" 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 lots to take from said underground basin within the said lots 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 lots delineated upon the above described map or to .authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. Frank Seng Fat Liong ~ Easy'Development A California Limited Liability Company. (Acknowledgment and Notarial Seal Attached) DESCRIPTION OF LAND FOR QUITCLIAM DEED FOR UNDERGROUND WATER RIGHTS TO THE CITY OF CUPERTINO, CALIFORNIA Ail that certain real property situated in the City of Cuper- tino, County of Santa Clara, State of California, being a portion of Section 50 of "MAP OF SUBDIVISION 'A' - MONTA VISTA", filed on April 11, 1917 in Volume (Book) "P" of Maps at Page 20, Santa Clara County Records, described as follows: Beginning at the Southeasterly corner of said Section; Thence along the Southerly line of said Section S89'49'W 100.15 feet to its intersection with the Easterly line of Byrne (formerly Buena Vista) Avenue, 40 feet .wide; Thence along said Easterly line,. North 90.82 feet to its intersection with the Southerly line of Granada Avenue, originally 40 feet wide; Thence along the Southerly line of Granada Avenue, distant 20 feet from the centerline thereof, N-89'49'E 100.15 feet to its intersection with the Easterly line of said Section; Thence along said Easterly line of said Section, South 90.82 feet to the point of beginning. Containing 0.209 of an acre, more or less. Date: October 13, 1997 APN: 357-16-021 Address: 10066 Byrne Ave., City File No.: 52,095 Cupertino 1.1.1 Por ¢~on o-f- ,~ed'i on 5o," P" ~o.?~ r~.¢~ 2O -PC. of' EXHIBIT I ~i~ SCALE: I"= 50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ ~monally known to me-~, who** nam~ i~u~d~od to ~o wRhin in~tmm~nt and acknowl~d~ m, that h~/,h~x~ut~ same in~~uthoriZed capaci~ and that b~ t ~"~ I~:-~IN~ .O ~ hi~e~signature(s) on the instrument the p~mo~ or the entity upon behal~ of which the pers~cted, ~ ~(~ COMM, ~ ~7 z executed the instrument. ~ori~tion of ~h~ ~ooum~nt ~tle or Type of D~ument: OZC- (~ ~~ D~ument Date: Or.~. ~ ~: , W ~ ~ Number of Pages: Signer(s) ~her Than Named A~ve: Capaci~(ies) Claimed by Signer(s) Signer's Name: L~f E~, ~v~LF~[ Signer's Name: L;~ ~ Individual ~l ~ ~ Co~mte ~i~r ~ ) ~ Co.rate ~er T~le(s): , ~e(s): ~ Pa~ner -- ~ Limited ~ General ~ ~ Pa~ner -- ~ Limit~ D General ~ Affomey-in-Fact ~ ~ Affomey-in-Fact D Trustee D Trustee ~ Guardian or Consewator ~ D Guardian or Consewator ~ ~her: ~ T~ of thumb here ~ Other: ~op of ~umb hem Signer Is Repm~nting: ~ Signer Is Repm~n~ng: O 1994 National Nolasy Association · 8236 Remmm Ave., P.O. Box 7184 · C, anoga Pant, CA gl 309-7184 Prod. No. 5g07 ~ Call Toll-Free 1 .~lX)-876-~827