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CC Resolution No. 9989- RESOLUTION NO. 9989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM KAM T. LI AND BETTY W. LI, APN 326-15-011, 22363 STEVENS CREEK BOULEVARD WHEREAS, Kam T. Li and Betty W. Li 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 in the attached Exhibit "A" and Exhibit "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 20th day of October, 1997, by the following vote: Vote Members o._fth~e Ci_ty Council AYES: Burnett, NOES: None ABSENT: None ABSTAIN: None Chang, Dean, Sorensen, Bautista ATTEST: APPROVED: /)J~ty ol QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-15-011 22363 Stevens Creek Blvd. Kam T. Li and Betty W. Li, Trustees of the Kang Revocable Trust dated September 19, 1994, hereinafter referred to as the "GRANTOR', this~O£'~day of ~c-,or. 1997, 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 fight, 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. OWNERS: Betty ~y,~ Li (Acknowledgment and Notarial Seal Attached) State of California County of SANTA CLARA 0n~30, 1997, before me, the undersigned, a NotaryPublic in and for said State, personally appearedKAMT. LI AND BEITYW. LI__ personally kDJDwn to me (or proved to me on the basis of satisfactory evidence) tO be the person(s) whose name (s) is/are subscribed to the within ir~trument and ackD~wledged 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. WITNESS my haux~ and official seal. Name: T ,l~"~q MIf/-]ART, (typed or printed) COMM #1024165 SANTA CLAR~ COUNTY (~l) HMH, Incorporated Civil Engineers · Planners · Surveyors A LEGAL DESCKIPTION FOK 22363 STEVENS CREEK BOULEVARD CUPERTINO, CALIFORNIA James T. Harper William J. Wagner, R.C.E. September 16, 1997 Job No. 2611-00 All of Lot 24, as delineated upon that certain Map entitled "Map of Inspiration Point Monte Vista," filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book P of Maps, at page 18. Portion of Sylvan Way (now abandoned), as shown upon that certain Map entitled "Inspiration Point Monte Vista," which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917, in Book "P" of Maps, at Page 18, and more particularly described as follows: Beginning at the southerly common corner of Lots 23 and 24 on the northerly line of Sylvan Way (now abandoned) as said Lots and Way are shown upon the Map above referred to; running thence southerly along the prolongation southerly of the dividing line between said Lots 23 and 24 a distance of 40 feet, to the northerly line of Stevens Creek Road, as said road was established ~by Deed from Joseph Bargette, et al, to the County of Santa Clara, a body corporate and politic and a political subdivision of the State of California, dated June 30, 1947, and recorded November 20, 1947 in Book 1446 of Official Records, Page 598, Santa Clara County Records; running thence easterly along the said northerly line of Stevens Creek Road 100 feet, more or less, to the intersection thereof with the prolongation southerly of the easterly line of said Lot 24; running thence northerly along said prolonged line 40 feet, more or less, to the southeasterly corner of said Lot 24 on the said northerly line of Sylvan Way; running thence westerly along said northerly line of Sylvan Way 100.12 feet to the POINT OF BEGINNING. San Jose Office 1570 Oakland Road, Ste. 200, ~n Jo=e, CA 95~31 · PO, Box 511510, San Jose, CA 95161-15~0 · 408/487-2200 · F~: 408/487-2222 · e-mail: hmh-s~ix.netccm.com Pleasanton Office EXHIBIT B ...... Deed Data Serial No. 15555490 Preliminary Title Report //447106-LM Dated February 24, 1997 Prepared by Old Republic Title Company. P.O.B. OF PARCEL5 152c5 100.12' 100.12' 100.12' STEVENS CREEK HMH, Incorporated Ci~i.~ v~i~eers. ?lar~r~rs. £urw~ors ~?00A~La~n ROLO. ~J~ 200 P.O. BOX 611510 SAN JOSI[. CAUFORNIA 95161-1510 (408) 487-2200 FAX: (44:~8) 487-2222 Submitted b~ PLAT TO ACCOMPANY LEGAL DESCRIPTION 22363 STEVENS CREEK CUPERTINO, CA BLVD.