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D-416 Quitclaim Deed, 22823 San Juan Rd, Reso 09-125 QUITCLAIM DEED ANJD AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-22-078 22823 San Juan Road, (:upertino, CA 95014 hereinafter referred to as the "GRANTOR", this assigns, conveys, remises, releases and forever 2009, hereby grants, bargains, 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 us.e upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRAN'COR 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 ~Nater 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 GRA[VTEE 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. CALIFORNIA ~~LL-PURPOSE CERTIFICATE OF A~~KNOWLEDGMENT State of California County of F ,~ On Sl 7/v ~ personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~are subscribed to the within instrument and acknowledged to me that hey lle/they executed the same in his/their authorized capacity(ies), and that by his e/~heir 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. ^MICHAE! W. CORBETT ^ ?~~ WITNESS my hand and official seal. ~ coMM. #,~a2ssa ~_ NOTARY PUBLIC • CALIFORNIA )) - - ALAMEDA CnUNTY ,,,~ ~ ~ L _/~' Commission Expires A` pri1~5, 2011 ~-) Sig ature oi'Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) ^ Corporate Officer (Title) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknou~ledgmenl completed in California muss contain verbiage exactly as appears above nt the notary section or a separate acknoivledgmenl forur must be properly completed and attached to that docwnenl. The only exception is if a document is to be reca~ded outside of California. /n such instances, any ahernative acknomledgmen! verbiage as may be printed on such a document so long as the verbiage does not requfi•e the notary 1o do something that is illegal for a notate in Califw•nia (i.e. cer7ifj~ing the aulhori_ed capaci>)~ of the signe~J. P/ease check the documen! carefzdly for proper notarial ma•ding and attach this form if required. • State and Count) information must be the State and County where the docwnenl 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. • The notary public must print his or her name as it appears within his or her 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 notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/they,- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover teat or lines. If seal impression smudges, re-seal if a sufficient area permits, oHierwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. lndicate title or type of attached docwnenl, nwnber of pages and date. Indicate the capacity claimed by the signer. If the claimed capacit)~ 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 RESOLUTIOl~~ N0.09-125 A RESOLUTION OF THE CITY COLTI~CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AtrTHORIZATION FOR UNDERGROUND WATER RIGHTS, AMY CHENG, 2282? SAN JUAN ROAD, APN 342-22-078 WHEREAS, Amy Cheng has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclairr~ing all rights in and authorizing the City of Cupertino, County of Santa Clara, State cf California, to extract water from the underground basin, underlying that certain real property situated in the City of Cupertino, more particularly described as follows: All that certain real property situated 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 tender~:d; and IT IS FURTHER RESOLVED that they 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 4th day of August, 2009, by the following vote: Vote Members of the ~~ity Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: • City Clerk APPROVED: -~, Mayor, City of Cupertino