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13. Quitclaim 10460 S. Foothill Blvd.oeaFr RESOLUTIOI`1 N0.09-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER 1<:IGHTS, FELICIA CHOW, 10460 SOUTH FOOTHILL BOiJLEVARD, APN 357-04-010 WHEREAS, Felicia Chow, has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclain-ing 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 follows: All that certain real property situate i~l the City of Cupertino, County of Santa Clara, State of California, as sho~Nn 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" and this resolution. PASSED AND ADOPTED at a regulaJ• meeting of the City Council of the City of Cupertino this 20th day of October, 2009, by tl-e following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 13-1 QUITCLAIM DEED AND ~UT,IiORIZATION FOR UNDERGROUND ~'ATE~'RIGHTS 10460 South Foothill Boulevard APN 357-04-010 Felicia Chow, an unmarried woman, hereinafter referred to as the "GRANTOR", this day of J ~f ~" 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, bn behalf of the GRANTOR and its successors in ownership or overlying lands in the said lotto take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands maybe 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. 13-2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. GWNER: ~~licia (Acknowledgment and Notarial Seal Attached;i 13-3 E%HIBIT A LEGAL DESCRIPTION Real property In the City of Cupertino, County of Santa Clara, State of California, described as follows; ALL OF LOT 18, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF LAS PALMAS MONTE VISTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917 IN BOOK P OF MAPS AT PAGE 17. APN: 357-09-010-00 13-4 CALIFORNIA ALL-PURPOSE ACKNOVI/LEDGMENT State of California County of _ ~° yLl~ C~~~ On 2g~~t~~f °2~'~jbefore me, Cxy1/~'LG~`l.. ~.. CCU-~~' NC~TL~2~ ~~/~~i >` Date Here Insert Name and Title of the Officer personally appeared ~~ ~/ ~Gl ~~ ~~~Glt,) ` Name(s) of Signer(s) who Droved to me on the basis of satisfactory evidence to be the person~(a~ whose name~(s~ is/afe-subscribed to the within instrument and acknowle ged to me that ~/sheexecuted the same in is/her/ it authorized capac;ity(ies), and that by his/her/their si nature(s) on the instrument the person(s), or the entity upon behalf of whicf•I the person(s) acted, executed the instrument. " ~IWA~IAR ~. OOEt C011r11V101~ i 1~2b7 ~y nblo - Caianlo lorMo-Cla~o Carh- IiMCamrn 6~MwM0y 12,2010 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of thE~ State of California that the foregoing paragraph is true end correct. R -, WITC\'ESS my Signature OPTIONAL of Notary Though the information below is not required by law, it may prcrve valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~~,cc.ti~ CY)') . ~c ~ CPtn~ "~~.,~LtYI?C-~-~Cn ~~~ ~~C~~~~~ Document Date: Mfr ~ ~ Number of Pages: _`~ v Signer(s) Other Than Named Above: ~~~"~-~-- Capacity(ies) Claimed by Signer(s) Signer's Name: '~'-e-~~ C°-Z ~ ~- C~_~~J Signer's Nal ^ Individual C Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact • ^ Trustee Top of thumb here :..,., ^ ^ Guardian or Conservator Other: ; , ~ ~'~~ ~ y~ _ Signer Is Representing: ~.,;~~~.= ..~ .~~ . C Corporate Officer -Title(s): C Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: S gner Is Representing: ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll•Free 1-800-876-6827 13-5 ~m ,..., ~~ ~ x' _r X X74.' . _ .. K 4$!.,. ... e _ ~ w ~ '!~ ._~~ `raj ~: R~. __ ~. ,~ '~ 4 ~:.~;? - i'p dv I . ~ v ' ~ l ., ,~ ~ ,... _. ..,n nsi.+.~W+s. .._~___.J~ e Adopt a resolution accepting a Quitclaim Deed and Authorization for ALCALDE RD Underground Water Rights, Felicia Chow, 10460 South Foothill ~ " Boulevard, APN 357-04-010, Resolution No. 09-~ ~'~ ~~. y ~" The property owner of this residential development agrees to grant ~~~ ~ ~''~`' w _,~, ~.`,,.x ~ to the City the right to extract water from the basin under the ~~~ _` ,~a~ ,..~`, overlying property. -,~~' r~ f _ - ~~ . ,, ~ .~ ~, ~~ ~ sc ~ ~ fi _ ~ iri ~. - - "`~` ~•". ~ SANTA PAULA ~AVE ~~ ~.