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12. Quitclaim deed 1151 S. Stelling Rd.QRaFr RESOLUTION N0.09-082 A RESOLUTION OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AiJTHORIZATION FOR UNDERGROUND WATER RIGHTS, CHA EUN PARK AND DAVID CHON, AND YOUNG BIN PARK AND 1N SUNG PARK, 1151 S. STl?LLING ROAD, APN 362-22-016 WHEREAS, Cha Eun Park and David Chon, and Young Bin Park and In Sung Park, have executed a "Quitclaim Deed acid 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 situated in the City of Cupertino, more particularly described as follows: All that certain real property situated i n 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 tl;~e City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regul~~r meeting of the City Council of the City of Cupertino this 2nd day of June, 2009, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 12-~ QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 362-22-016 1151 S. Stelling Road, Cupertino, CA 95014 Cha Eun Park and David Chon, wife and husband, and Young Bin Park and In Sunk Park, husband and wife, as tenants in common, hereinafter referred to as the "GRANTOR", this ~~ day of 1~, 2009, 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 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 legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. 12-2 This assignment, conveyance and autl:~orization 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: Cha dun P k ~ avid Chon PTO Bin Park In ung Park (Acknowledgment and Notarial Seal Attached) 12-3 EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 5, as shown on that certain Map entitled Tract No. 2591 Huntindon Village, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on December 09, 1959 in Book 114 of Maps at page(s) 35. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as conveyed to San Jose Water Works, a California corporation, by Deed recorded March 18, 1960 in Book 4729, Page 521 of Official Records. APN: 362-22-016 12-4 CALIFORNIA ALL-PURPOSE ACKNO'4'VLEDGMENT State of California County of Santa C.'lara On 6 ~ ~~ before me, ,Notary Public ATE ~ NAM.E, TITLE OF OFFICER" personally appeared Cr/r~~U~-~~/f'/k fF ~l/[,I ~~'1 ~ll/v~~~ ~~j~ ,~~v~ ~,~1~1.~~fk~ NAME(S) OF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERTURY under the laws of the State of California that the foregoing paragraph is true and correct. ~~~ JISOOh 5, hli~i ~ WITNESS my hand and official seal. ° I''_~~'`, Comm.; 1580944 U1 -~~~~'_'~ ~ r+ou, Y PuFUC ~ cauEoe~la ~ ~.'~ Sarlo Claro County "` /~ Pdv Comm. Expires hSoy 21, 2Q04`~ This area for notarial seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED ^ INDNIDUAL ^ CORPORATE OFFICER TITLE(S) ^ PARTNER(S} ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER; DESCRIPTION OF ATTACHED DOCUMENT T[TLE OR TYPE OF DOCUME1vT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: