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D-246 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10115 LOCKWOOD DR, APN 342-14-028 RES. 9783, 9784 RECORDING REQUESTED BY City of Cupertino DOCUMENT: 13609467 Titles 1 / Pages: 7 WHEN RECORDED MAIL TO Fees. . . . No Fees Taxes. . . City of Cupertino ■0013609467■ Cop i es. . AMT PAID 10300 Torre Avenue Cupertino, CA 95014 BRENDA DAVIS RDE # 002 SANTA CLARA COUNTY RECORDER 2/11/1997 Recorded at the request of 2:30 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) D pNGE .SS ItA A GOQ 5103 N W,, N Gov QUITCLAIM DEED & AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, APN 342-14-028, 10115 LOCKWOOD DRIVE SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-028 10115 Lockwood Drive Chen's Golden Star Investments LP a California limited partnership hereinafter referred to as the "GRANTOR', this a3 day of e,k 199 4, 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 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" & "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 GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or overlying lands in the said lots to take from said underground basin within the said lots 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 lots 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 lots. This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNER: Chen's Golden Star Investments, LP, a California Limited Partnership B . (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Guaf_�� County of i C�LAC�_On (S before me, �J a v_ �Q, U ' Date Name and Title of Offic (e.g.,"Jane Doe,Notary Publ'") personally appeared 1ain -" TUN d Cke N) Name(s)of Signer(s) ❑personally known to me-OR-'&roved to me on the basis of satisfactory evidence to be the person whose names is/subscribed to the within instrume t and acknowledged to me that fWshe/tW executed the same in /her/th6t authorized capacity(ieeand that by 1ie her/thW signatureoa on the instrument the person(§ ,r or the entity upon behalf of which the person*acted, J.VELOZ executed the instrument. a Commission#1119396 Z Z , Notary Public—California Z Santa Clara County ' WITNESS my hand and official seal. My Comm.Expires Dec 7,2000 nature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ El or Conservator El Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 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 E X H I B I T A QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS TO CITY OF CUPERTINO, CA, GRANTORS : CHEWS GOLDEN STAR INVESTMENTS, LP All that certain real property situated in the City of Cuper- tino, County of Santa Clara, State of California, being all of Lot 19, in Block 2, as shown upon that certain Map entitled, "Tract No. 1034, Carolyn Gardens Unit No. 2 " which map was filed for record in the Office of the Recorder of said County and State on August 12, 1952 in Book 40 of Maps at Page 80 Q�pFESSlpyq! City File No. 52053 4t*: � HAyq C . a "'' No.C13318 z Exp: 3-3 ovi� Tc� CFC STEVEN5 C (, EEK BLVD . ( FOR MER L*-/ PER MA KEkTE 90) 30 30 !1 146. sQ ° W L 0 ? /�q, SLock 2 0 o O v �© TRACT A/o. /034- t6 10 O v clv F Al S COL 1)E A/ s 7-A)e � Q 1 AI V,E S T M - AI T S, LP 146. so �i Q����.��s��.�q� //S9°50"E V � O 3. HAy ca, Qa rm "' No.Cl 3310 -V Ex : 3- Mfr OF CAt��o .151L A T 4 Q U / 7 C L A / /vi fel G"/-/ 75 TO Cl T Y Olt- COREA---"TWO, (f4 A1,)V5 M15,5R 20, 1096 C / -TY LE 52, 0.G 3 "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 23, 1996, from CHEN'S GOLDEN STAR INVESTMENTS LP to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on February 3, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 6, 1997 By: _ Deputy City Cler City of Cupertino RESOLUTION NO. 9783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE LOCATED AT 10115 LOCKWOOD DRIVE; DEVELOPER, CHEN'S GOLDEN STAR INVESTMENTS, LP, AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN AND AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval of the final plan for the improvement of street frontage at 10115 Lockwood Drive by Chen's Golden Star Investments, LP; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, gutters, sidewalks, and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said plan, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT said final plan for the improvement of street frontage at 10115 Lockwood Drive be and the same is, hereby approved; and the City Engineer is hereby authorized to sign said final plan; and the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of February, 1997, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Bautista City Clerk Mayor, City of Cupertino Resolution No. 9783 Page 2 EXHIBIT SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single-Family Homes Chen's Golden Star Investments, LP LOCATION: 10115 Lockwood Drive A. Faithful Performance Bond: $ 11,450.00 ELEVEN THOUSAND FOUR HUNDRED FIFTY & 00/100 DOLLARS B. Labor& Material Bond: $ 11,450.00 ELEVEN THOUSAND FOUR HUNDRED FIFTY & 00/100 DOLLARS C. Checking & Inspection Fees: $ 266.00 TWO HUNDRED SIXTY-SIX & 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 500.00 FIVE HUNDRED & 00/100 DOLLARS F. Storm Drainage Fee: Basin#3 $ 295.00 TWO HUNDRED NINETY-FIVE & 00/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: Zone I N/A Acct # 480-416-011 K. Water Main Reimbursement: $ 1,530.00 ONE THOUSAND FIVE HUNDRED THIRTY & 00/100 DOLLARS L. Maps &/or Improvement Plans: As specified in Item #23 of agreement y RESOLUTION NO. 9784 . v.� .. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM CHEN'S GOLDEN STAR INVESTMENTS LP, APN -342-14-028, 10115 LOCKWOOD DRIVE WHEREAS, Chen's Golden Star Investments LP has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all its 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 in on the attached Exhibits "A" and "B", 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 3rd day of February, 1997, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Bautista City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-028 10115 Lockwood Drive Chen's Golden Star Investments LP a California limited partnership hereinafter referred to as the "GRANTOR', this a3 day of199�, 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 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" & "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 GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or overlying lands in the said lots to take from said underground basin within the said lots 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 lots 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 lots.