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08. Quitclaim Deed 10170 Peninsula Ave RESOLUTION NO. 09-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JIE MEI, 10170 PENINSULA AVENUE, APN 326-22-038 WHEREAS, Jie Mei, 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 re:al 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 17th day of March, 2009, by th.e following vote: Vote Members of the: Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino s-i QUITCLAIM DEF<D AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS . _ APN 326-22-038 10170 Peninsula Avenue Tie Mei. an unmarried woman. hereinafter referred #o as the "GRAN"TOR", this ti . day of -~ ~ S ~ .2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitcl~~**~¢ unto the CITY OR CUPERTT[~TO, a municipal corporation, hereinafter refen-ed to as the "GRANT'F~", its successors and assigns, all the rights, titles, interests, estates, claims and cl.~mandc, 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 F$TTRFI' "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 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 Yo make any withdrawal of water which will result in damage to any building or stnscture erected upon said lots_ 'I7zis assignment, conveyance and authorization is made for the benefit Iota within the above desca-bed legal description and shall bind the owner of said lots within said Iegal description_ s-z IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNER: ~\ Jie Mei (Ac~nowledgnient and Notarial Seal Attached) I~R»Ih~ ` ~t p~ ~ oQelwame. 3L~Sh~i1C~h~:Sta'/,~ .Ne1a~YPlmie.Vamay ahs piowe a n» an 9i. nom a ~+facmer ACS to w me u~tsl ,Mws. ofnnW Wan sobfc~Ned to Ora wphin iisVmaea ptlackaowM~droan tNrt ha/NdJAry maned tln sane ii NrlaerAni autl~wind capacay@esT.+na ~R M nylrrMekfiy~eLaelaT m b aaaunent tln Dnaonlsl. a Me eadq Wee MFai(a rdetl+tln ows~nb) sWO, areeied 1R9 i ~,~xwraFrEwuRrnaae<u.awsannsemaamaa~rs parnyap0 iefee an0 went / r1iINQS nl t~aad aM oBlaai aaL /~ ~/~=~~ r JUSTtN CHAIKfN ~ ~ COMM. # 1818468 NOTARY PUBLIC - CALIF6RNlA n ALAMEDA COUNTY '~ COMM. EXPIRES OCT. 19 2012 S-3 ~~~~ ~~ 1~1~11 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW tS SITUATED 1N THE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND 1S DESCRIBED AS FOLLOWS: BEING LOTS 7 B AND 1 7, BLOCK i , AS SHOWN ON THAT CERTAIN MAP ENTITLED °MONTA VISTA FIRST ADDITION', WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, ON APRIL 7 1 , '1917 FN VOL. °P° OF MAPS AT PAGE 23, AS DESCRIBED ON THAT CERTAIN NOTICE OF MERGER INTO A SINGLE PARCEL, RECORDED DECEMBER i 3, i 988 iN BOOK K786 ~ AT PAGE " 1053, OFFICIAL RECORDS, TOGETHER WITH THAT PORTION {gDJACENT TO SAID LOT ~ 7} OF NORTHWESTERLY -ONE HALF OF MISSION WAY, A 20-FOOT WIDE PUBLIC ROAD AS SHOWN ON SAID MAP, NOW ABANDONED FOR PUBLIC USE PER RESOLUTION RECORDED IN BOOK 097'1, PAGE 166, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED As FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF PENINSULA BOULEVARD AS SHOWN ON SAID MAP OF MONTA VISTA FIRST ADDITION; THENCE FROM SAID POINT OF BEGINNING ALONG SAID RIGHT-OF-WAY LINE AND THE WESTERLY BOUNDARY OF SAID LOTS 46 AND 17 AND THEIR SOUTHERLY PROLONGATION,. SOUTH 20019'1001 1 EAST, A DISTANCE OF 67.93 FEETTO A POINT ON THE GENT>=RUNE OF MISSION WAY, A 20-FOOT WIDE PUBLIC ROAD AS SHOWN ON SAID MAP, NOW ABANDONED FOR PUBLIC USE PER RESOLUTION RECORDED IN BOOK 0971, PAGE 166, OFFICIAL RECORDS; THENCE LEAVING SAID SOUTHERLY PROLONGATION, ALONG SAID CENTERLINE OF ABANDONED MISSION WAY, NORTH 65° i D'00" EAST, A DISTANCE OF 107 .1 O FEET TO A POINT ON A LINE PERPENDICULAR TO SAI D CENTERLINE FROM THE SOUTHEASTERLY CORNER OF SAID LOT 77; THENCE LEAVING SAID CENTERLINE ALONG SAID PERPENDICULAR LINE, NORTH 24°50 `00° WEST, A DISTANCE OF 10.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 17; Ti-iENCE ALONG THE EASTERLY BOUNDARY OF SAID LOTS 17 AND 7S, NORTH 20°.7 9'00° WEST, A DISTANCE OF 50.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 1 B; THENCE LEAVING SAID EASTERLY BOUNDARY, ALONG THE NORTHERLY BOUNDARY OF SAID LOT 75, SOUTH 69°47'00` WEST, A DISTANCE OF 100.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, PURSUANT TO THE CERTIFICATE OF COMPLIANCE RECORDED JULY S, 2007 AS INSTRUMENT NO. 19493994, OFFICIAL RECORDS. ASSessoYs Parcel No: 326-22-038 8-4