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CC Resolution No. 9764- RESOLUTION NO. 9764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM ALLAN A. LIN AND JUDY J. TANG, APN 342-16-099, 10555 MERRIMAN ROAD WHEREAS, Allan A. Lin and Judy J. Tang 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 in the attached Exhibit "A" and Exhibit "B", 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 that certain map filed in the office of the County Recorder of the County of Santa Clara on the llth day of April, 1917, in Book P of Maps at page 13, Lots 73 and 79. 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 6th day of January, 1997, by the following vote: Vote Members 9_f the City_ Council AYES: Burnett, Chang, NOES: None ABSENT: None ABSTAIN: None Dean, Sorensen, Bautista ATTEST: , APPROVED: a~r;~'City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-16-099 10555 Merriman Road Allan A. Lin and Judy J. Tan~. hereinafter referred to as the "GRANTOR", this day of /4o¢~rll~g'~ , 19~., 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 GRANTOR as owner of Lot 73 & 79, of that certain subdivision of real property situate in the Country 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 llth day April, 1917 in Book P of Maps at Page 13, 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. Page 1 of 2 This assignment, conveyance and authorization is made for the benefit of Lot 73 & 79, within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Allan A. Lin Judy J. Tang (Acknowledgemem and Notarial Seal Attached) Page 2 of 2 CAUFORNIA ALL. PURPOSE ACKNOWLEDGMENT State of CALZFOFJ~A County of SANTA CLAI~. Or~V. 15, 1996 before me, -TULZET 8. 8ELVEU, A NOTAR:Y PU6LZC DATE NAME, TITLE OF OFFIC~'R - F_G., 'JANE DOE, NOTARY PUBUC' personally appeared ALLAN A. LZN AI~ .TLl~Y .7. TANG NAME(~-') OF ~IGNF..R(~') personally known to me - OR - '~ 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. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED [---I I NDIVI DUAL ['--] CORPORATE OFFICER [] PARTNER(S) LIMITED GENERAL DESCRIPTION OF ATTACH, ED DQCUMENT. I NUMBER OF PAGES [] A'I-rORNEY-IN-FACT []--]TRUSTEE(S) J-"-I GUARDIAN/CONSERVATOR l---] OTHER: DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI'P((IEb-')