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D-497 Quitclaim Deed and Authorization for Underground Water Rights, 10283 Orange Ave, APN 357-19-030, Reso 11-046 DOCUMENT: 21143061 Pages 7 RECORDING REQUESTED BY 1111 1 Fees .... No Fees Taxes.. City of Cupertino Copies . . AMT PAID WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 009 City Clerk's Office SANTA CLARA COUNTY RECORDER 4/12/2011 Y Recorded at the request of 10 54 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 WATER RIGHTS 10292 Orange Avenue APN 357 -19 -030 Mimi Tsui Original O For Fast Endorsement RESOLUTION NO. 11 -046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MIMI TSUI,10292 ORANGE AVENUE., APN 357 -19 -030 WHEREAS, Mimi Tsui, has 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 5th day of April, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: / / iI� - City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -19 -030 10292 Orange Avenue, Cupertino, CA 95014 Mimi Tsui, Trsutee of the Mimi Tsui Living Trust dated May 20, 2010, hereinafter referred to as the "GRANTOR ", this 10 _ day of NIA rc"i'v , 2011, 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 F ' 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 GRA [4TEE 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: • Mimi Tsui (Acknowledgment and Notarial Seal Attached) Exhibit A Real property in the City of CUPERTINO, County of Santa Clara, State of CA, described as follows: ALL OF LOT 5, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, 'TRACT NO. 97 OF NOONAN SUBDIVISION UNIT NO. 1, BEING A PART OF THE SW. 1/4 OF THE SECTION 14, T. SR. 2W., M.D.B. & M. ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 3, 1939 IN BOOK "3" OF MAPS AT PAGE(S) 43. APN: 357 -19 -030 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I 1 State of California 1 County of ,/1 T01 ( jq 1 Ci G 1 On It('� U t � � before me, � . �tll t, f f 1 i a , I (Here insert name and t' c of the o I d m personally appeared i X i\ t L � �� 1 1 l'' 1 who proved to me on the basis of satisfactory evidence to be the person(s -whose name(4) is /are subscribed to I the within instrument and acknowledged to me that-he/she/they executed the same in Ws/her /their authorized 1 capacity(iee and that by his /her/tite r signature(-$] on the, instrument the persons, or the entity upon behalf of 1 which the persons acted, executed the instrument. 1 , I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELAINE CRENSHAW . ITNESS my hand and off ' ial seal. s :�" ' .. .�_ Commission # 1856627 _I y .. - Notay Public - ColSomio f , Sanfa Clam County � � MV Comm. Expires Jul 3, 2013 r• �, (Notary Seal) ' • u o ,ry ub'l �7 I i r • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM i Any acknowledgment completed in California must contain verbiage exactly as i DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be I properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative I (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the nolmy to do something that is illegal for a notary in Califaria (i.e. certifying the authorized capacity of the signer). Please check the I document carefully for proper notarial wording and attach this form if required ! (Title or description of attached document continued) I • State and County information must be the State and County where the document Number of Pages Document Date 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. (Additional information) • 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 i notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.c. ❑ Individual (s) he /she /they is /afe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. i Impression must .not cover text or lines. if seal impression smudges, re -seal if a (Title) sufficient arca permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact : Additional information is not required but could help to ensure this i ❑ Trustee(s) acknowledgment is not misused or attached to a different document. I ❑ Other Indicate title or type of attached document, number of pages and date. i indicate the capacity claimed by the signer. if the claimed capacity is a 'E •• corporate officer, indicate the title (i.e. CEO, CFO, Secretary). I L ._ • Securely attach this document to the signed document i I 2008 Version CAPA v12.10.07 800 -873 -9865 www.NotaryClasscs.com "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 March 10` 2011, from 10292 Orange Avenue to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on April 5 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: April 8, 2011 By: Kirsten Squarcia Clerk Receptionist