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CC Resolution No. 03-011- RESOLUTION NO. 03-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM MICHAEL SHIM AND CHRISTINE H. HOANG, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, 21672 GRANADA AVENUE, APN 357-17-030 WHEREAS, Michael Shim and Christine H. Hoang, husband and wife as Community Property with Right of Survivorship, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their fights 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 and delineated on the attached Exhibits "A" and "B". 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 21st day of January 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Chang, James, Lowenthal, Kwok, Sandoval None None None ATTEST: f~/-Xl~ROVED: Mayo[', City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-17-030 21672 Granada Avenue Michael Shim and Christine H. Hoang~ husband and wife as,Community Property with Right of Survivorship~ hereinafter referred to as the "GRANTORS", this q z. day of ,~:.,.~,~ y 2003, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTORS as owners of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" & "B" 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 GRANTORS hereby irrevocably authorize GRANTEE, its successors and assigns, on behalf of the GRANTORS and its successors in ownership or 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 map 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 of lot within the above described plat and description and shall bind the owner of said lot within said plat and description. IN WITNESS WHEREOF, GRANTORS have executed this instrument the day and year first above written. OWNERS: Christine H. Hoang (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C.~'g-- t County of ,-.~/t.) m tl~"T'~ On -.~ ~ U 1¢~ ~J~ate ;n teo Officerfe ~.,;Jan~ Doe, ~'otan/'P~blic") ' personally appeared Name(s) of Signer(s) ~personally known to me - OR - ~ proved to me on the basis of satisfactow evidence to be the person(s) whose name(s) is/¢ubscribed to the within instrument and acknowledged to me that he/she/~ executed the same in~er~authorized capacity(ies), and that by his/her/~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S~gnature of Notary Public OPTIONAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudu/ent remora~ and reattachment of this form to another document. Description of Attached Document Title or Type of Document: gotTC--t-&rl~ Document Date: '~01~r~ O~I Signer(s) Other Than Named Above: ~O/./~'- Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: [~ndividual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [~'~'ndividual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1995 National Notary Association · 8236 Remme Ave, P O Box 7184 · Canoga Park, CA 91309-7184 Prod No. 5907 Reorder: Call Toll-Free ~-800-876-6827 EXHIBIT A All of that certain property situate in Cupertino, California described as follows: BEGINNING at the point of intersection of the South line of Granada Street with the line dividing Lots "C" and "D' in Block 5 of the Subdivision as delineated upon that certain Map entitled "RESUBDIVISION OF SUBDIVISION NO. 1 TOWN OF MONTA VISTA", flied for racord in the Office of the Recorder of the County of Santa Clara, State of California, on April 11th, 1917 in Book P of Maps, at Page 24; thence West along said line of Granada Street 50 feet to a point that is distant East along said line 50 feet from the line dividing Lots "B" and "C" in said Block 5, thence South and parallel with the line dividing said lots "C" and "D" 100 feet; thence East and along the said line of said Lot "C" 50 feet to the line dividing said Lots "C" and "D'; thence North 100 feet to the point of BEGINNING. Containing 500 square feet more or less and consisting of a portion of LOT C, BLOCK 5, as delineated upon that certain map hereinabove referred to. APN 357-17-030 J:~iobs~shim[exib-A.doc SCALE: 1"=50' PLA T TO (.'- ,._~E A S T...~.5 0.0 0 ' -,, 35~ . ACCOMPANY WEST 50.00'~' GRANADA AVE. EXHIBIT A FOR THE DEDICATION OF UNDERGROUND WA TER RIGHTS