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D-479 Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson Ave, APN 375-28-036, Reso 10-174 DOCUMENT: 20875575 Pages 7 RECORDING REQUESTED BY Fees. . * No Fees Taxes. City of Cupertino Copies . AMT PAID WHEN RECORDED MAIL TO DE # 008 REGINA ALCOMENDRAS RDE City Clerk's Office SANTA CLARA COUNTY RECORDER Recorded at the request of 10:30 AM City of Cupertino City 10300 Torre Avenue Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND VVATER RIGHTS 10544 Johnson Avenue APN 375 -28 -036 Gang Zeng, Tie Jun Zeng and Zhonghua Zheng Original 0 For Fast Endorsement RESOLUTION NO. 10 -174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, GANG ZENG, TIE JUN ZENG AND ZHONGHUA ZHENG, 10544 JOHNSON AVENUE, APN 375 -28 -036 WHEREAS, Gang Zeng, Tie Jun Zeng and Zhonghua Zheng, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all 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 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 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 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: Chang, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk / y:yor, City of Cu. Ttino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375 -28 -036 10544 Johnson Avenue, Cupertino, CA 95014 Gang Zeng, a single man and Tie Jun Zeng and Zhonghua Zheng, husband and wife, all as joint tenants, hereinafter referred to as the "GRANTOR ", this 2 1 S,T day of b E C , 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 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 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 GRANTEE 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Gang Zeng pvlit Z Tie Jun Zeng Zhonghu .heng 1211- (Acknowledgment and Notarial Seal Attached) • EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 118, as shown on the Map of 'Tract No. 1183 ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on June 23, 1953, in l3ook 44 of Maps, at Pages 11, 12 and 13. Excepting therefrom the underground water, as conveyed by Valley Title Company of Santa Clara, a California Corporation to San Jose Water Works, a Corporation by Instrument dated December 15, 1953, recorded January 21, 1954, in Book 2799 of Official Records, Page 73. APN: 375 -28 -036 • • • ACKNOWLEDGMENT State of California County of SAt y T A CtJ -A.A ) On L C _ 'Z L1�3 i . t � before me, )AM►� A • �L�� , /la?►�►R.'7 P4AU "L c. , (insert name and title of the officer) personally appeared GA 0 6 l - -t , 'p'J J r J 1e►) / 1 WA 2 who proved to me on the basis of satisfactory evidence to be the personas} whose name s�jefare subscribed to the within instrume and acknowledged to me that pet /fhey executed the same in bit /her /their authorized capacity / and that by h /ller /their signatures on the instrument the person s(�,or the entity upon behalf of which the persons) cted, 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. WITNESS my hand and official seal. .:,wo DAMIAN A. DEPA Commission # 1751732 �73s Notary Public - California 1 2 1�'�� ' Santa Clara County !! yom !pins_ k n 8,2011 Signature,Q C1. (Seal) --- - M - Cm -- -- -- - -1- - --� "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated December 21s 2010, from 10544 Johnson Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on September 7 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 13, 2010 By:,( Kirsten Squarcia Clerk Receptionist