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CC Resolution No. 09-139 Quitclaim Deed, 20100 Stevens Creek BlvdRESOLUTIOI~~ N0. 09-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JOSEPH 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 quid 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 iri 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 tenderf;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 1st day of September, 2009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the (pity Council Mahoney, Sandoval, Santoro, Wang, Wong None None None City Clerk APPROVED: ~~ Mayor, City of upertino QUITCLAIM DEED ArdD AUTHORIZATION FOR UNDERGROUI`tD WATER RIGHTS APN 365-03-002 20100 Stevens Creek Boulez/ard, Cupertino, CA 95014 Joseph T.H. Chen and Celia H.F. Chen, Husband and Wife, hereinafter referred to as the "GRANTOR", this 0 J day of ~IA-~, 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, inl:erests, 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 Comity of Santa Clara, State of California, and specifically described as follows: SEE ATTACHEI3 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 in•evocably authorized GRANTEE, its successors and assigns, on behalf of the GRAI'1TOR 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 suc)'i water to such owner or owners or others as a public utility; provided, however, that nothir. g 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 #o 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. EXHIB:[T "A" LEGAL D8SCRTF'TIOIi 8X8ISIT All thaC~aertain Real Property in the City of Chpertino, County of Santa Clara, State of Califcirnia, described as follows PARCEL 0liE: Parcel A,' as shown on that certain Record of Survey filed September 19, 1968, Map Book 242, Page 19, Santa Clara County Reccrds. F7IRCSL Ti10: Easement for ingress and egreae and mutual access of motar vehicles conducive to the development, present and contemplated, granted to the Robert McDonald $rving Trust by instriunent recorded October 7, 1977, Book D196 Official Records, Page 739, Santa Clara County Records, described as follows: A 19 foot strip lying Easterly of and contiguous to Parcel One above and running a depth of~200 feet from the Northerly property line of Parcel H, shown on Record of survey recorded September 19, 1968, Map Book 242, Page 19, Santa Clara County Records. IN WITNESS WHEREOF, GRANTO:[~ has executed this instrument the day and year first above written. KATRINA CHOW COMM. #1833184 3 NOTARY PUBLIC ~ CALIFORNIA n ~ SANTA CLARA COUNTY Comm. Exp. JAN. 25, 2013 C-WNERS: (Acknowledgment and Notarial Seal Attached 1 CALIFORNIA ALL-PURPOSE CERTIFICATE OF A~~KNOWLEDGMENT State of California County of ~~~ C ~ ~~~ On f'tl/L~ ®~ , Zc1'/ ~ before me, ~(h.~"I'1l/1 ~ G~1 d i~ D~ (~t ~? ~~ ~ U (/Here insert name and title of the officer) personally appeared ~0 5~ I~ h I - ~ • C~I~~ v] t~/Idt ~2 ~ ~~~, {'~. ~'. (~~r , who proved to me on the basis of satisfactory evidence to be the perso (s whose nam (s i are ubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her eir uthorized capaci (ies , and~sth~aat by his/he thei signature(s) on the instrument the persons , or the entity upon behalf of which the person. J cted, execu e instrument. I certify under PENALTY OF PERJURY under the lam s of the State of California that the foregoing paragraph is true and correct. ~ ~~ ::..: KATRINA CHOW WITNESS my hand and official seal ~ _ COMM. #1833184 _ C7 '~ NOTARY PUBLIC ~ CALIFORNIA ~ SANTA CLARA COUNTY ~ Corms. Exp. JAN. 25, 2013 (Notary Sea Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT u ~~ ~(r~a vln 1}ee ~ ~ A1.t~~~i,,, r / (Title or description of attached document) ~r U/~f~,2l~j~-p ~>,r~e1, w~.~'~ nom' (Title or description of attached document continued) Number of Pages 3 Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) ^ Corporate Officer (Title) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETII~'G THIS FORM Arry acknowledgment completed in California must contain verbiage exactly as alpears above in the notary section or a separate acknrnvledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment 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 document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and Count) wfiere 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 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 your title (notary public). • Print the name(s) of document signer(s) ~eho personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. #e/she/t#rey;- is /afe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary sea] 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