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D-363 QUITCLAIM FOR UNDERGROUND WATER RIGHTS 21672 GRANADA AVE, APN 357-17-030 RES. 03-011 DRAFT RESOLUTION NO. 03-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM MICHAEL SHIM AND CHRISTINE H. HOANG, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, 21672 GRANADA AVENUE, APN 357-17-030 WHEREAS, Michael Shim and Christine H. Hoang, husband and wife as Community Property with, Right of Survivorship, 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 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 the attached Exhibits "A" and`B". 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 21St day of January 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino / ,:;z C- QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-17-030 21672 Granada Avenue Michael Shim and Christine H. Hoang, husband and wife as Community Property with Right of Survivorship, hereinafter referred to as the "GRANTORS",this g""day of � „fin y 2003, 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 GRANTORS as owners of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT"A" & `B" 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 GRANTORS hereby irrevocably authorize GRANTEE, its successors and assigns, on behalf of the GRANTORS 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 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 map 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 of lot within the above described plat and description and shall bind the owner of said lot within said plat and description. IN WITNESS WHEREOF, GRANTORS have executed this instrument the day and year first above written. OWNERS: M' him Christine H. Hoang (Acknowledgment and Notarial Seal Attached) 1�c�3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �- - - - - , I' State of County of SAAJ MAR-60 On — ,AAV ft, q, 0c) 3 before me, L• A Fel&elC- i ate Name and Title of Officer e.g.,"JaneDory Public") personally appeared k C4 A C L L I AA t L' p STJN6- 9. 14p4A16 Name(s)of Signer(s) personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) I whose name(s) is/6e)subscribed to the within instrument and acknowledged to me that he/she/(9 executed the ) same i&hier7oauthorized capacity(ies), and that by his/her/ ignature(s) on the instrument the person(s), ) LORI L. HORN or the entity upon behalf of which the person(s) acted, Iw TMYPun *am u executed the instrument. I ` SAN MATEO c0WM, Q°'"'" Exp. 17,2004 WITNESS my hand and official seal. Signature of Notary Public I` OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ) Title or Type of Document: &U1-'c_L4jrn i7E67D Fo(Ly A1D&GAjtj D NpcTER— Q11.41- 'I Document Date: a0 0 3 Number of Pages: Signer(s) Other Than Named Above: .$ 1 Capacity(ies) Claimed by Signer(s) Signer's Name: AlaV`i{ Elr L•S 11LL Signer's Name: CA 2 L ST)14 6 P0AJ-46 � R Individual 2rindividual 1 ❑ Corporate Officer ❑ Corporate Officer i Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here � I Signer Is Representing: Signer Is Representing: ,l ) ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 -ISG-Y EXHIBIT A All of that certain property situate in Cupertino, California described as follows: BEGINNING at the point of intersection of the South line of Granada Street with the line dividing Lots "C" and "Dn in Block 5 of the Subdivision as delineated upon that certain Map entitled "RESUBDIVISION OF SUBDIVISION NO. 1 TOWN OF MONTA VISTA", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 11th, 1917 in Book P of Maps, at Page 24; thence West along said line of Granada Street 50 feet to a point that°is distant East along said line 50 feet from the line dividing Lots "B" and "C in said Block 5, thence South and parallel with the line dividing said lots "C° and "D" 100 feet; thence East and along the said line of said Lot "C" 50 feet to the line dividing said Lots "C" and "D"; thence North 100 feet to the point of BEGINNING. Containing 500 square feet more or less and consisting of a portion of LOT C, BLOCK 5, as delineated upon that certain map hereinabove referred to. APN 357-17-030 J.Vdbslshimlexib-A.doc QROFESS/py E. N0, 20597 m qT CIY11r �of cauF°� SCALE: 1"=30' EAST 50.00' o 0 Z � w 0 I WEST 50.00'' I 30' GRANADA A VE. 30' 35' 35' QROFESSI, E.CZ CIO No. 2 597 PLA T TO ACCOMPANY EXHIBIT A t��r CAL1�� FOR THE DEDI CA TION OF UNDERGROUND WATER RIGHTS