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D-430 Quitclaim Deed, 7948 Woodlark Way, APN 362-04-043, Reso 09-193 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROU]~TD WATER RIGHTS APN 362-04-043 7948 Woodlark Way, Cupertino, CA 95014 John Zhe Qu and Hong Xiao, husband and wife, as community property, hereinafter referred to as the "GRANTOR", this ~~ day of /y~ia.'~-~a~i~/ , 2009, 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 Cou-nty of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water front 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 of 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 legal description or to authorize GIZANTEE 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 ALL-PURPOSE ACKNOWLEDGMENT State of California - County of ~~/L~~E~ ~ ~~ rte- ,, 7 / J On r ~ l t `f ! f' 9 before me, /~'t~- ~J ~'~ ~~'/C7. Cr_ /`ice-#'~ !~y (~k-- b !. G Dat¢ Here Insert Name and Titl¢ of the Officer ~-/ personally appeared ~ v ~~ n z ~ e (~c,L ~z "- ~ D `LLi x < <c U Name(s) of Sign (s) wYfo proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)--ta/are subscribed to the ~tNG JtANG wi-thin instrument and acknowledged to me that Commission ilf 1795513 kae{s1~6/they executed the same in HisftreF/their authorized ~ Notary Pubiic - Calltornia ~ capacity(ies), and that by `~/r~Gl/their signature(s) on the Santa Clara County in:>trument the person(s), or the entity upon behalf of Comm. Ex fires A r 20, 2012' which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of No[ary Public OPT/ONAL Though the information be/ow is not required 6y /aw, ii may prove va/uab/e to persons relying on the document and cou/d prevent fraudu/ent removal and reatt~fchment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ~ Individual U Individual D Corporate Officer -Title(s): Ll Corporate Officer -Title(s): O Partner - C~ Limited U General _ _ _ O Partner - Cl Limited CI General _ _ ~ Attorney in Fact • LI Attorney in Fact " Top of thumb here L] Trustee Top of thumb here 0 Trustee O Guardian or Conservator Ll Guardian or Conservator ~ Other: Ll Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association" 9350 De Soto Ave., P.O. Box 2402"Chatsworth, <:A 91313-2402"www.NationalNOtary.org Item #5907 Fleorder.Call Toll-Free 1-800-676-6627 LEGAL ~ES~CIi2IPTION EXHIBIT °A" THE LAND REFERRED TO HEREIN BELOW IS STrUATI-D IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED FS FOLLOWS: Lot 31, as delineated upon that certain Map entitled "Tract No. 3444'•, filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on July 19th, 1963 in Book 164 of Maps, at Page lo. Excepting therefrom the underground water or rights thereto with no rights of surtace entry, as granted to San Jose Water Works, a California Corporation, by Instrument, dated August 13th 1963, recorded August 14th 1963 in Book 6147 of Official Records, Page 72. APN: 362-04043 RESOLUTIOI~T NO. 09-193 A RESOLUTION OF THE CITY COUI~ICIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JOAN ZHE QU AND HONG XIAO, 7948 WOODLARK WAY, APN 362-04-043 WHEREAS, John Zhe Qu and Hong Xiao, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient firm, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, :hate 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 in the attached Exhibit "A". 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 Ciay Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 30th day of November, 2009, by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROV D: G ~`~ /'~~ City Clerk ~ - 7~ yor, City of Cupertino