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CC Resolution No. 11-154 Quitclaim Deed and Authorization for Underground Water Rights, 10215 Alhambra Avenue, APN 326-23-042 & 326-23-043 RESOLUTION NO. 11 -154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, CHIH -HUI TUNG, 10215 ALHAMBRA AVENUE, APN 326 -23 -042 & 326 -23 -043 WHEREAS, Chih -Hui Tung, has 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 September, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: �/� t ,„4 4 -t i f 1 . ✓' Kimberly Smith, City Clerk Gilbert Wong, Mayor, City •, Cupertino • QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUNI) WATER RIGHTS APN 326 -23 -042 7 326-23 -043 10215 Alhambra Avenue, Cupertino, CA 95014 Chih -Hui Tung, an Unmarried Woman, hereinafter referred to as the "GRANTOR ", this day of 8//1 , 2011, 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. Exhibit: A THE LAND REFERRED. TO HEREIN IS: SITUATED IN THE STATE OF CALIFORNIA, COUNTY OP SANTA CLARA CITY OF CUPERT AND I DESCRIBED AB FOLLOWS: PARCEL : : : ALL OF 'LOTS G AND' 27 }} BLOCK 7 AS SHOWN UPON. THAT CERTAIN MAP ENTITLED, "MAP OF MONTA VISTA FIRST ADDITION " WHICH. ;MAP WAS FILED FOR. RECORD IN THE OFFICE OF THE RECORDER. OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL .1 :1917 IN BOOK P OF MAPS, PAGE 23. PARCEL TWO PORTION OF LOT S. fAN . 6 IN O ,' BLOCK 7• THAT CERTAIN MAP . AS `SHOWN UPON ' TV : ENTITLED "MAP � �ONT VISTA FIRST' ADDITION", WHICH MAP VAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,, ON APRIL 11, 1917 IN . 800K P OF MAPS, PAGE 23 , AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON CORNER FOR LOTS :4 AND 32 IN' THE NORTHERLY LINE OF LOT 5, BLOCK 7 AS SHOWN UPON THE MAP ABOVE REFERRED TO, AND RUNNING THENCE EASTERLY ALONG THE DIVIDING LINE BETWEEN SAID LOTS 5 AND 32, 11.30 FEET TO. THE COMMON CORNER FOR LOTS 5 AND 27 OF SAID BLOCK 7 AND RUNNING THENCE SOUTHERLY ALONG THE DIVIDING LINE BETWEEN j LOTS 5 AND 6 MW LOTS 26 AND 27 , SAID BLOCK 7;: 50.75 FEET TO THE COMMON CORNER FOR LOTS 6, 7, 25 AND 26 OF SATD BLOCK 7 AND RUNNING THENCE WESTERLY ALONG THE DIVIDING LINE BETWEEN SAID LOTS 6 AND 7, 20.00: FEET AND RUNNING THENCE NORTHERLY 50.00 FEET TO THE PLACE OF BEGINNING. PARCEL THREE: LOTS(281AND(29 BLOCK O. 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MONTX VISTA RST ADDITION ", WHICH MAP WAS FILED FOR RECORD IN THE . OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, :191 IN VOL. "P" OF MAPS, ON PAGE. 23. PARCEL FOUR: LOTt3, IN BLOCK 7, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF.MONTA VISTA FIRST ADDITION, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER or THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON . APRIL 11, 1912 IN BOOK P OF MAPS, PAGE 23. EXCEPTING THEREFROM THE FOLLOWING MORE p- ARTIC7LARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF UNIVERSITY WAY AT THE COMMON. CORNER OF LOTS 1 AND 32, BLOCK 7 , AS SHOWN ON THE MAP ABOVE REFERRED TO; THENCE RUNNING SOUTHERLY AND PARALLEL WITH ALHAMBRA AVENUE 75. FEET TO A POINT IN THE DIVIDING LINE BETWEEN LOTS 3 AND 4, SAID BLOCK 7, AND RUNNING THENCE EASTERLY ALONG THE .DIVIDING LINE BETWEEN SAID LOTS 3 AND 4, 27.55 : FEET TO THE COMMON CORNER FOR SAID LOTS 3 AND 4 IN THE WESTERLY LINE OF LOT 32; THENCE SOUTHEASTERLY CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On Or //2 /1.�-( / before me, R. C. Singh, Notary Public Date Name and Title of Officer personally appeared C k l PC Paw 1 C41( (iv 47,9 'It o< Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name are subscribed to the within instrument and acknowledged to me that he4githey executed the same in hi4 Ytheir authorized capacity024, and that by his atheir signature(5 on the instrument the personfg or the entity upon behalf of which the a R. C. SHV6H personacted, executed the instrument. Commission # 1770167 ; 9a" Notary Public —California I certify under PENALTY OF PERJURY ., San Mateo County under the laws of the State of California that `�' " C 21 � 201 Od 1 the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature s_ • ary Public My Commission Expires: Oct 21, 2011 OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: SFBayNotary.com