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D-365 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 10354 BYRNE AVE, APN 357-15-074 RES. 03-010 4 a RESOLUTION N0. 03-010 DRArT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM TIMOTHY A. LIMON AND LILIA H. LIMON, HUSBAND AND WIFE AS JOINT TENANTS, 10354 BYRNE AVENUE, APN 357-15-074 WHEREAS, Timothy A. Limon and Lilia H. Limon, Husband and Wife As Joint Tenants, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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 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 theQ�Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ti QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-15-074 10354 Byrne Avenue Timothy A. Limon and Lilia H.Limon, husband and wife, as joint tenants, hereinafter referred to as the"GRANTORS", this 3rd day of lan Qnj 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 All of Parcel One of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 14th day of November, 1962 in Book 154 of Official Records, Page 29,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 their 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. I,Z j This assignment, conveyance and authorization is made for the benefit of all of Parcel One within the above described subdivision and shall bind the owner of said lot within said subdivision. IN WITNESS WHEREOF, GRANTORS have executed this instrument the day and year first above written. OWNERS: Timothy A. Limon "TCS_6 Ilk P4 Lilia H. Limon (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l i State of California i ss. County of ( On I 13 0 3 before me, &aC%0_ E>, ( Date Name and Title of Officer(e.g.,"Ja D ,Notary Public" personally appeared L 1 �V6 L im (, Name(s)of Signer(s) i( ❑ personally known to me proved to me on the basis of satisfactory evidence (` to be the person(s) whose name(s) i5lare (' subscribed to the within instrument and GRACE E.JOHNSON (, Commission a 1211312 1 acknowledged to me that best/they executed Notary Public-Cal'ffomia > the same in t.4�4!,/their authorized Santa Ciara CountyComcapacity(ies), and that by flislf�er/their (, '. +resFebzl,2oo3 signature(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. f Place Notary Seal Above Signature of Notary Public - OPTIONAL (, Though the information below is not required by law, it may prove valuable to persons relying on the document ( and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DRcum, t Title or Type of Document: Document Date: l 3 f 3 Number of Pages: ri Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer (` Signer's Name: ❑ Individual Top of thumb here (, ❑ Corporate Officer—Title(s): ;I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: f Signer Is Representing: �l ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827