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08. Quitclaim 10530 Mira Vista AveDRAFT RESOLUTION N0.09-156 A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGF[TS, YU ZHENG AND MEI YAN, 10530 MIRA VISTA AVENUE, APN 357-04-027 WHEREAS, Yu Zheng and Mei Yan, have executed a "Quitclaim Deed and Authorization", which is in good and sufi icient 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 situate in the City of Cupertino, more particularly described as rollows: 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 the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" anti this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of October, 2009, by t'ae following vote: Vote Members of thy: City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino a-~ QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-04-027 10530 Mira Vista Ave, Cupertino, CA 95014 Yu Zheng and Mei Yan Family Trust, hereinafter referred to as the "GRANTOR", this day of ~ f ! 2009, hereby grants, bazgains, 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 Claza; 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. s-z IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OV~NERS: `/~ Yu Zheng ~~ ~~ _, ~ Mei Yan (Acknowledgment and Notarial Seal Attached) On of SantaCiara Notary who proved fo me he asls of satisfact y evidence 1o be the person(s) whose name(s) i bscrlbed to fhe within instrument and ocknowledged fo me that hels used the same In hislhe ' it thoritetl capacity(les), and that by hisl eir s' nature(s) on the instrume a person(s), or the entity upon behalf o the person(s) acted, ezecuied the instrument. I certify under PE LTY OF PERJURY under the laws of fhe S1afe of California that the foregoing paragraph is true and correct. WITNESS my hand and oftlclal seal, _-____~_. ._-.__ .....~......r....._....T..T,.~ SHIRLEY CHENG i '' COMM. # 1787922 ~ ...~ ne Z Z °' NCTAr2Y PUBLIC - CALIrORN1A~ ~;; SANTA CLAF2A COUNTY My Comm. Expires Jan. 27, 2012 ~ , ro~ ~~~~:~.. ~~~~. 8-3 .r - ~ - - °'~- - 1 _ ~"~ _-~, --- -s ~~~~ a ANTA PAULA AVE ~~ O~ ~. ~b :, f