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D-516 Quitclaim Deed and Authorization for Underground Water Rights, 18780 Pendergast Ave, APN 375-27-028, Reso 11-128 RECORDING REQUESTED BY DOCUMENT: 212 79019 Pages 7 111 11 111 111 111 111 I1 Fees.... * No Fees City of Cupertino Taxes .. . Copies. WHEN RECORDED MAIL TO AMT P A I D City Clerk's Office REGINA ALCOMENDRAS RDE # 008 City of Cupertino SANTA CLARA COUNTY RECORDER 8/16/2011 10300 Torre Avenue Recorded at the request of 11:43 AM City Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 18780 Pendergast Avenue APN 375 -27 -028 Shih Yu Lo and Pei Ting Chung Original 0 For Fast Endorsement RESOLUTION NO. 11 -128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, SHIH YU LO AND PEI TING CHUNG, 18780 PENDERGAST AVENUE, APN 375 -27 -028 WHEREAS, Shih Yu Lo and Pei Ting Chung, 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 2nd day of August, 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: a Kimberly Smitl)ty Clerk Gilbert Wong, Mayor, City f Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375-27-028 18780 Pendergast Avenue, Cupertino, CA 95014 Shih Yu Lo and Pei Ting Chung, husband and wife as community property, hereinafter referred to as the "GRANTOR ", this day of , 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 bene:ficial 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: Shih Yu Lo ei Ting Chung (Acknowledgment and Notarial Seal Attached) • EXHIBTir "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND 15 DESCRIBED AS FOLLOWS: All of Lot 80, as. shown upon that certain Map entitled, 'Tract No. 1088 ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 16, 1953 in Book 42 of Maps, pages 24, 25, 26, 27, 28 and 29. APN:375- 27-028 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California ' County of 0 4�. On ,14 O 11 before me, 0y) E V`(V) &jobry ?u6i1C (Here insert name and title of thd officer) personally appeared c') h � h ' U Lo (� h d Ott " 1 103 CJ u n g who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s )iiia subscribed to the within instrument and acknowledged to me that I/sbediexecuted the same in li'leli*ri authorized capacity(ies), and that by h lhWr /lit 's'gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,•s _ ,6�` DIANE EVENSON WITNESS my hand and official seal. m rtt ,'�r+`'' CoMM.# 1830918 y an sea vi ,J� NOTARY PUBLIC-CALIFORNIA w ��GI SANTA CLARA COUNT �_ T^1' m- Mr Comm. ExP. JAN 2013 Signature of Notary Public (Notary Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required, • State and County information must be the State and County where the document Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment. • Datc of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he/she /they,- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of documcnt recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -m -Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misuscd or attached to a different document. ❑ Other a Indicate tide or type of attached document, number of pages and date. + Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryClasscs.com "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated July 5 2011, from 18780 Pendergast Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on August 2 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 8, 2011 By: Kirsten Squarcia Clerk Sr. Assistant