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CC Resolution No. 10-063 Quitclaim Deed and Authorization for Underground Water Rights, 10391 Ann Arbor Avenue, APN 326-28-028 RESOLUTION NO. 10 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JEFF CHEN AND YING LONG, 10391 ANN ARBOR AVENUE, APN 326 -28 -028 WHEREAS, Jeff Chen and Ying Long, 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: • j AIWA AFA Air City Clerk ,' ayor, City of Cuperti • QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -28 -028 10391 Ann Arbor Avenue, Cupertino, CA 95014 Jeff Chen and Ying Long, husband and wife as community property with rights of survivorship, hereinafter referred to as the "GRANTOR ", this Z c t, day of Mar , 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 speci:ically 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 deline9ted 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: �/ Jeff Chen °f-Ag Ying on (Acknowledgment and Notarial Seal Attached) • • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT c . � cfe .:c ".cr r r -7. r. .,,, . r...m. ;ic=:-..,, ..mrzc7..czr• - s=.c `< ..c�..��:;c=t..�. `mc... r—"c e..c . State of California 1 County of &A:4 CA n,\.-a- J On `" A -2C1 -1 •20 D. 1 cD before me, � Q.b-. k K - P i , n o+fr pub G C_. , . Date . Here Insert Name and Title of thd Other • • personally appeared - -- - IF C tt i' p '11( & Lo"k G Name(0) of Signer® who proved to me on the basis of satisfactory evidence to . be the personal whose named is'are subscribed to the within instrument- and acknowledged to me that • h/they executed the same in I/their authorized . capacit' Q: , and that by f er /their signature on the • instrument the person(, or the entity upon behalf of • • • which the persona acted, executed the instrument. • ` A SHA K. PATEL ,g ti a%r �ti/073i NOTARY PUBLIC COMM. #184- CAL9 , ORNI ,� I certify under PENALTY OF PERJURY under the laws IF SANTA CLARA COUNTY of the State of California that the foregoing paragraph is My Comm. Expires May 17, 2013 ~ true and correct. ..v.��u.. WITNESS my hand and official seal. • • ma4) Signature • Place Notary Seal Above Signature Notary Public OPTIONAL. Though the information below is not required by law, it may pr r.ova valuable to persons relying on the document , and could prevent fraudulent removal and reattachment of this form to another document - . Description of Attached Document . • •AIPN 3 ac,,-.g?- o""a Title or Type of Document: u 1 A'Gkk rn �'ce-d u c ' " J ' PC"w 0 v bo``• Pi' 0e& rol..nd • W a:a.:- TZi j kks . • Document Date: Number of Pages: 3. • 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 RIGHII'THUMBPRINT . RIGHTTHUMBPRINT OF SIGNER ❑ Attorney in Fact OFSIGNER ❑ Attorney in Fact . Top of thumb here ❑ Trustee • • Top of thumb here 0 T rustee • ' ❑ Guardian or Conservator . ❑ (guardian or Conservator ❑ Other: - ❑ Other: Signer Is Representing: Signer Is Representing: • �.. ri d4 "d. �v .d - d -ar -- S "d. -�' -- - 'ems - -ef - ' 'rr. 'e+,-�,. -- • w. - e i.yy. -- _ . -e�. 'er.•y -d - e�i - rr,. -ev - - 'e w - e� _ . -er -er. - ,•ev. -d ©2007 National Notary Association .-9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalNotary.org Item #5907 Reorder. Call Toll-Free 1-800-876-6827 LEGAL DESCRIPTION EXHIBIT "A'' THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: All of Lot 106, as shown upon that certain Map entitled, 'Tract No. 682 Garden Gate Village Unit No. 2 ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on February 20, 1950 in Book 26 of Maps, at Pages 24 and 25. APN: 326 -28 -028 •