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CC Resolution No. 08-058, Quitclaim deed Pasadena aveRESOLUTION NO. 08-058 A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FR~JM LILY CHANG,INC., A CALIFORNIA CORPORATION, 10121 PASADENA AVENUE, APN 357-17-045 WHEREAS, Lily Chang, Inc., A California Corporation, has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quiiclaiming all their rights in and authorizing the City of Cupertino, County of ~anta 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". NO~'V, 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 May 2008, by the following vote: Vote Members of the City Council AYES: Sandoval, Santoro, Wang, Wong NOES: None ABSENT: Mahoney ABSTAIN: None ATTEST: ~ City Clerk APPROVED: , 1 l ~- ~ Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 10121 Pasadena Avenue APN 3 5 7-17-045 Lilv Chan~, Inc., a California coraoration, hereinafter referred to as the "GRANTOR", this 17 day of April , 2008, 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 Claza, 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 or overlying lands in the said lots to take from said underground basin within the said lots 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 lots 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 lots. This assignment, conveyance and authorization is made for the benefit lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. DEVELOPER: ~ ~ ~ p -~-- (,~l /~liot.! ~GCe,' w! \ / ily Chang, Inc., a California corporation Attach Notary acknowledgement State of California ) County of Santa Clara ) On April 17, 2008 before me, Enisa Halilcevic , Notary Public (here insert name and title of the officer), personally appeared Lily Chang, 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 is true and correct. ~ . /I WITNESS Signature ~ ~ ~~ ~,,,,~,~~^'~"~" Et:t;SA HP.LILG~JIC , °~. ,,a,~,;~.#1509156 '~ ~r; ti(~i'a:i~`+ °~~LtC•CAUEORNIA N ~ "•~'e ~. J ga~~.a Gara CountY .+ (Seal) ;~ ~~ ~om.~~. ExQ~~es P.ug~st 21,200a ~~.,~~ ~V ~ ~~~~ ~-L°'~~i~YJ ~~ . ~ l~ l' h~ U/%b1-~y ~~ ~~ C~ (~~ (notary)(12-07) PLAT TO ACCOMPANY EXHIBIT A ~'~ /09 No. 20597 . ,~ . '~~, CIV4l ~ ~r GAL'' ~ ~ SCALE: 1'=30' I I S89'55'25"E ~ ~ ~ ~ 130.00 3 LOT 3 $~ ~ O o'o ~i ~ BLOCK 4 n ~ $I BOOK P MAPS PAGE 4 ~°p ~ S89'S5'25"E ~ ~ ~ ~ I I I m ~ I I I 35' 35' w I ~ I W ~ ~ I I ~ ~ I A oI ~Z ~ ~ EXHIBIT A ALL OF LOT F IN BLOCK 4, AS SHOWN UPON THAT CERTAIN MAP ENTITLED '~RESUBDIVISION OF SUBDIVISION N0. 1, TOWN OF MONTA VISTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917, IN BOOK P OF MAPS, PAGE 24. F~s, ~9 hio. 2C~~7 . ~ x Cit~;~~.