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CC Resolution No. 10-060 Quitclaim Deed and Authorization for Underground Water Rights, 1138 Derbyshire Drive, APN 362-21-029 RESOLUTION NO. 10 -060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, HONG ZHANG AND SHUXIONG SHI, 1138 DERBYSHIRE DRIVE, APN 362 -21 -029 WHEREAS, Hong Zhang and Shuxiong Shi, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient 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 follows: 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" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of April, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk ' ayor, City of Cupe ► ino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 362 -21 -029 1138 Derbyshire Drivf :, Cupertino, CA 95014 Hong Zhang and Shuxiong Shi, husband and wife, hereinafter referred to as the "GRANTOR ", this 13 day of /n , 2010, 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 of 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: (A • Hong Zhang Shuxiong Shi SITE ATTACHED CALIFORNIA NOTARIZATION (Acknowledgment and Notarial Seal Attached) Exhibit: A LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: LOT 33, AS DELINEATED UPON THAT CERTAIN ivIAP ENTITLED, 'TRACT NO. 2591 HUNTINGDON VILLAGE, FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON DECEMBER 9, 1959 IN BOOK 114 OF MAPS, AT PAGE 35. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO WITH NO RIGHT OF SURFACE ENTRY, AS GRANTED TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT RECORDED MARCH 18, 1960 IN BOOK 4729 OF OFFICIAL RECORDS, PAGE 521. APN: 362 -21- 029 -00 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT • State of California l� County of • O&M- -- On MaAai 1 a" 1 before me, _ I ��i. Sham- k • PcttDJvi-t*-4 -1 - A � c. Date Here Insert Name and Title of the Office,' personally appeared N ova Zk N f si Sru or • • • • who proved to me on the basis of satisfactory evidence to be the persor0) whose names ea'are subscribed to the within instrument- and acknowledged to me that f /i:hey executed the same in r/their authorized • capacity es , and that by faster /their signature) on the • instrument the persons or the entity upon behalf of • oAKSHA K. PATEL which the person(�acted, executed the instrument. COMM. #18496221 8 NO SANTA CLARA COUNTY I certify under PENALTY OF PERJURY under the laws S '' ' My Comm. Expires May 17, 2013 of the State of California that the foregoing paragraph is • • true and correct. WITNESS my hand and official seal. • Si 9 natu re • 0k/0 Place Notary Seal Above Signature of No ry Public • OPTIONAL • Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. • . • . Description of Attached Docu ment •. Title or TYPe of Document: &1,1 I Vdclt rv� • Q � I1.t. 0 Cizatl ., A U yl d i? tG Y)La J Oat- ' N — at- • Document Date: �'�' 36 z Number of Pages: • • Signer(s) Other Than Named Above: • Capacity(ies) Claimed by Signer(s) . Signer's Name: • Signer's Name: • ❑ Individual • ❑ Individual • • ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): • • ❑ Partner — ❑ Limited .❑ General • ❑ Partner — ❑ Limited ❑ General . RIGHTTHUMHPRINT RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact . • OFBIGNER • ❑ Trustee Top of thumb here ❑ Trustee of thumb here • ❑ Guardian or Conservator • ❑ Guardian or Conservator ❑ Other: ❑ Oiher: • Signer Is Representing: • Signer Is Representing: • • • !l . -� W •W - ' „ - /W "d • -- -. - -e,, 'd. - L' .-EI. W W H. - - d' - _ _ - -W. - - C' - y/ mod+ „PJ.. - !1 - N - C16 - C! - d - H - _d'+ . 'H - !Y. ^ fl. -!/ ©2007 National Notary Association •:9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2 • www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1-800- 976.6827 •