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D-518 Quitclaim Deed and Authorization for Underground Water Rights, 10170 Amelia CT , APN 326-17-013, Reso 11-144 DOCUMENT: 21295633 Pages: 8 Fees.... * No Fees RECORDING REQUESTED BY Taxes. Copies.. City of Cupertino AMT P A I D WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 014 SANTA CLARA COUNTY RECORDER 8/30/2011 City Clerk's Office Recorded at the request of 12 :40 PM City of Cupertino City 10300 Torre Avenue 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 10170 Amelia Court APN 326 -17 -013 Qingxiang Li and Lixin Chen 61 Original 0 For Fast Endorsement RESOLUTION NO. 11 -144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, QINGXIANG LI AND LIXIN CHEN, 10170 AMELIA COURT, APN 326 -17 -013 WHEREAS, Qingxiang Li and Lixin Chen, 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 16th 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: / \ Kimberly Smith, ; -, Clerk Gilbert Wong, Mayor, Cyf Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -17 -013 10170 Amelia Court, Cupertino, CA 95014 Qingxiang Li and Lixin Chen, wife and husband, as community property with right of survivorship, hereinafter referred to as the "GRANTOR ", this 2C ( 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 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: Qingxiang Li Lixin Chen (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California 1 County of t 4-6 6f.-4 On It (y 29 20(( before me, K . C - O15 orb " A- 30 4 - A r�6 i i ( He re insert name and titljof the officer) personally appeared L1 A A CYl en ati c (i r c� Xi a L ( , , i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he, /she /they executed the same in his/her /their authorized ' capacity(ies), and that by his/her /their signature(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 2013 13 is true and correct. +o,ar. � s �wtse.a: axt - � K. C . OtSON I �, ,��Y ii' COv .1 .AAIQ i s ` tir,... , . , -,, ik seal. ,^ « a AHTA K S WITNESS my hand a d of e � - CALIFORNIA zzi ^I COMM WIRES AUG., a Oa ■ ttatt A e. arat;c.r :1r ^rsgry,rn...,,, w a;rs: (Notary Seal) Signature f Notary Public 1 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM I A.ry acknowledgment completed in California must contain verbiage exactly as t DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be j 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. cerlfbdng 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 fonn if required Number of Pages Document Date • State and County information must be the State and County where the document ' signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. E (Additional information) • The notary public must print his or her name as it appears within his or her I commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of I 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 /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document 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 -in -Fact Additional infonnation is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other • Indicate title 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.NotaryClasses.com 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: PARCEL ONE: COMMENCING AT AN IRON PIPE SET AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN 10.06 ACRE TRACT DESCRIBED IN THE DEED FROM AMASA EATON COMPANY, A CORPORATION, TO JOHN A. CHUK, DATED AUGUST 3, 1940 AND RECORDED AUGUST 17, 1940 IN BOOK 993 O.R. PAGE 591, IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, CALIFORNIA; AND RUNNING THENCE ALONG THE SOUTHWESTERLY LINE OF SAID 10.06 ACRE TRACT SOUTH 41 DEGREE 27' EAST 366.50 FEET TO AN IRON PIPE; AND THENCE NORTH 1 DEGREE 08' WEST 208.04 FEET TO AN IRON PIPE WHICH IS THE POINT OF BEGINNING OF THE TRACT ABOUT TO BE DESCRIBED; AND RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH 1 DEGREE 08' WEST 132.58 FEET TO AN IRON PIPE SET AT THE CORNER OF SAID 10.06 ACRE TRACT; AND RUNNING THENCE ALONG THE NORTHEASTERLY UNE OF SAID 10.06 ACRE TRACT; SOUTH 43 DEGREE 12' EAST 198.18 FEET TO AN IRON PIPE; AND THENCE NORTH 84 DEGREE 53' WEST 133.57 FEET TO THE POINT OF BEGINNING. j AND BEING A PORTION OF THE AFOREMENTIONED 10.06 ACRE TRACT AND PART OF THAT CERTAIN 61.076 ACRE TRACT DESIGNATED AS PARCEL 1, CONVEYED BY SAN JOSE ABSTACT AND TITLE INSURANCE COMPANY, A CORPORATION, AS TRUSTEE, TO AMASA EATON COMPANY, A CORPORATION, BY A DEED DATED OCTOBER 27, 1936 AND RECORDED IN BOOK 799 O.R. PAGE 8, IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, AND IN THE SAN ANTONIO RANCHO. PARCEL TWO: A RIGHT OF WAY FOR THE PURPOSE OF INGRESS AND EGRESS OVER A PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE "N" SET IN THE SOUTHEASTERLY LINE OF THAT CERTAIN 10.06 ACRE TRACT DESCRIBED IN THE DEED FROM AMASA EATON COMPANY, A CORPORATION, TO JOHN A. CHUK, DATED AUGUST 3, 1940 AND RECORDED AUGUST 17, 1940 IN BOOK 993 O.R. PAGE 591, IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, CALIFORNIA, - DISTANT THEREON SOUTH 41 DEGREE 27' EAST 366.50 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; AND RUNNING THENCE NORTH 1 DEGREE 08' WEST 340.62 FEET TO THE NORTHERMOST CORNER OF THAT CERTAIN 0.202 ACRE TRACT DESCRIBED IN THE DEED FROM W. L. STAPP, ET AL, TO L.W. NORTHON, ET UX, DATED JANUARY 8, 1943, RECORDED JANUARY 15, 1943 IN BOOK 1124 O.R. PAGE 312, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE PROLONGATION NORTHWEST OF THE NORTHEASTERLY LINE OF SAID 0.202 ACRE TRACT NORTH 43 DEGREE 12' WEST 29.85 FEET TO A POINT 20 FEET MEASURED AT RIGHT ANGLES FROM THE FIRST COURSE OF THIS DESCRIPTION; THENCE PARALLEL WITH THE FIRST COURSE OF THIS DESCRIPTION SOUTH 1 DEGREE 08' EAST 257.49 FEET; AND RUNNING THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 30 FEET FROM A TANGENT BEARING SOUTH 1 DEGREE 08' EAST THROUGH AN ANGLE OF 139 DEGREE 41' FOR A DISTANCE OF 73.14 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID 10.06 ACRE TRACT; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 41 DEGREE 27' EAST 112.63 FEET TO THE POINT OF BEGINNING. PARCEL THREE: AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS OVER A PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE "N" ON THE NORTHWESTERLY LINE OF THAT CERTAIN 10.06 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM AMASA EATON COMPANY, A CORPORATION, TO JOHN A. CHUK, DATED AUGUST 3,.1940 AND RECORDED AUGUST 17, 1940 IN BOOK 993 O.R. AT PAGE 591, SANTA CLARA COUNTY RECORDS, DISTANT THEREON SOUTH 41 DEGREE 27' EAST 1 EXHIBIT "A" (continued) 366.50 FEET FROM THE SOUTHWESTERLY CORNER OF SAID 10.06 ACRE TRACT; THENCE FROM SAID POINT OF BEGINNING RUNNING NORTH 1 DEGREE 08' WEST 208.04 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN 0.202 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM W.L. • STAPP, ET AL, TO L.W. NORTON, ET UX, DATED JANUARY 8, 1943, RECORDED JANUARY 15, 1943 IN BOOK 1124 O.R., AT PAGE 312, SANTA CLARA COUNT( RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID 0.202 ACRE TRACT; THENCE SOUTH 85 DEGREE 00' EAST 20.12 FEET TO AN IRON PIPE; THENCE RUNNING SOUTH 1 DEGREE 08' EAST 100.56 FEET TO AN IRON PIPE; • THENCE CURVING TANGENTIALLY ON THE RIGHT ON A CURVE OF 70 FEET RADIUS THROUGH AN ANGLE OF 44 DEGREE 25' FOR AN ARC DISTANCE OF 54.27 FEET TO AN IRON PIPE; THENCE SOUTH 31 DEGREE 56' EAST 35.79 FEET TO AN IRON PIPE; THENCE SOUTH 10 DEGREE 12' WEST38.89 FEET TO AN IRON PIPE ON THE SOUTHWESTERLY LINE OF THE 10.06 ACRE TRACT SO DESCRIBED IN THE DEED TO JOHN A. CHUCK ABOVE REFERRED TO; THENCE ALONG SAID LAST NAMED SOUTHWESTERLY LINE NORTH 41 DEGREE 27 WEST 16.48 FEET TD THE POINT OF BEGINNING. • APN: 326-17-013 • "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 29 2011, from 10170 Amelia Court to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on August 16 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 22, 2011 By: Kirsten Squarcia Clerk Sr. Assistant