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12. Quitclaim 21600 Rainbow Dr~~ RESOLUTIOl~T NO. 09-056 A RESOLUTION OF THE CITY COUI~ICIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEEL> AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, LOUIS YING LAU AND PHYLLIS ANN CHOY LAU, 21600 RAINBOW DRIVE, APN 366-38-012 WHEREAS, Louis Ying Lau and Phyllis Arai Choy Lau, 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 Claza, 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 21st day of April, 2009, by the .following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino i2-i QUITC`i.ATM DEED AND AUT`HOR77.ATION FOR UNDERGROUND WATER RIGFTTS APN 366-38-012 21600 Rainbow Drive Cupertino, CA 95014 Louis YIIIQ Lau and Phyllis Ann Chov Lan Trustees of the Lau Family Living Trost. hereinafter referred to as the "GRAN"TOR", this /07 ~i' day of /y~f}~?CH .2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OE CUPERTINO, a municipal corporation, hereinafter refesed 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 GRAN'T'OR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows- SEE ATTACHED EXI3IBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Claaa Valley for beneficial use upon the lands overlying said underground basin, -and GRAN'T'OR hereby irrevocably authori7-ed GRANTEE, its successors and assigns, on behalf of the GRANTOR 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 GRAN"I'EE to enter upon any of the lot delineated upon the above described Iegal description or to authorize GRAN"I`EE 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. 12-2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year fnst above written_ OWNERS: Louis Ying su Phylli Ann Choy Lau (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~j / County of ~Fl-.nth ( `~/~~79 On ~ ~ ` ~~- ~d~y before me, ~ c~I~ ~ /V~/~-~ ~~/~` , Date Here Inse Name and Ti\le of the ff,cer personally appeared ~ U(~/ / ti ~~ ~L- C~{ ~~ a~ 0 5/ ` rises / ~_ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),tsf/are subscribed to the within instrument and acknowledged to me that -kta/skae/they executed the same in MfsNaer/their authorized capacity(ies), and that by :i°.,~,~r/their signature(s) on the JUDY CHOL instrument the person(s), or the entity upon behalf of • Gommisslon ~ 1620270 which the person(s) acted, executed the instrument. • -® C Notary Public -California ~ ., Santa ciaro county 1 certify under PENALTY OF PERJURY under the laws My Comm. Expires Dec 7. 2009 of the State of California that the foregoing paragraph is - true and correct. WITNESS m_y ha d and official seal. Signature ~~-e~~~~ Place Notary Seal Above Signature of Notary tc OPT/ONAL Though the information befow is not required by law, it may prove va/uab/e to persons relying on the document and cou/d prevent lraudu/ent remove/ and reattachment of this form to another document. Description of Attached Document® ~ ^/ ~/ _y`~_ Title or Type of Document: ~ ~ ~/~~' 7 !~t"o,P~l" Q~~ea-r~-G:~~-til--~~v~/1 7TiY~/ - Document Date: ~ ~-/ 0 ~ ~~~~ mbe o Pages:,--~-- i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Si ner's Name: Signer's Name: ~Lodividual ~ Individual O Corporate Officer -Title(s): O Corporate Officer -Title(s): O Partner - O Limited O General _ _ _ ~ Partner - O Limited O General _ __ _ O Attorney in Fact O Attorney in Fact O Trustee Top of thumb here O Trustee Top oT thumb here O Guardian or Conservator O Guardian or Conservator O Other: ~ Other: Signer Is Representing: Signer Is Representing: ®20D] National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91 31 3-2402 • www.NationalNO\ary.org Item #590] Reorder Call ToII-Free t-800-8]6-6B2] 12-4 EXHI131T A REAL PROPERT(in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 15, as shown on that certain map entitled "Tract No_ 5990 Rainbow's End", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on May 22, 1979 in Book 442 of Maps, at Pages 12 and 13. APN: 366-38-012 12-5