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15. Quitclaim Deed 10613 Baxter AveDRAFT RESOLUTIOJV N0.09-185 A RESOLUTION OF THE CITY COUr1CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AiJTHORIZATION FOR UNDERGROUND WATER RIGHTS, JOK TONG YIU, 10613 BAXTER AVENUE, APN 326-11-014 WHEREAS, Jok Tong Yiu, has exectrted 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 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 th.e City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a speci~~l meeting of the City Council of the City of Cupertino this 30th day of November, 2009, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 15-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-11-014 10613 Baxter Avenue, Cupertino, CA 95014 Jok Toni Yiu, a married woman as her sole and separate property, hereinafter referred to as the "GRANTOR", this Z~+~ day of~C'~~f , 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERT]NO, 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 of overlying (ands 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. 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. 15-2 IN WITNESS WHEREOF, GRANTO);: has executed this instrument the day and year first above written. OWNERS: J ~~C ~~ ~ Jok Tong Yiu ~ ~ " (Acknowledgment and Notarial Seal Attached) 15-3 EXHIBIT A L86AL D88CRII'TIOff S~t28IT All that certain Aeal property in the Qnincorporated Area, County of Sa7~ta Clara, State of California, described an Folioura: ~'~i GY :.3t i13, 39 ::~:u'Yr~ t~L' "~'L .^..°.~..31~ ssp yt~3.ltd, '~^1S~a:t `a'1:1.~al 74Q CS.:st~II L:Sit 2•. which map was riled ror Record is the ofiica of the Recozder o= the county of Santa Clara, State of California, on Jnue 4, 1953 in Book 50 of Maps. at pages 32 and 33. 15-4 GALIF®RNIA ~1LL-P4,I~I~f~SE t~GICN®WLEI~GIME6~T S~".:>.S~'~.~:'~'n~a::.~~.''Sre,`:i. s~:~^-'.~~2_s~.5-t~:.s`~~^.~:,;~'~?-t~~ -f~3="...>t_~( ~L-L~aC:_;'. ~~_~--,.'i'S~S~~~"e.:;5`.:r~~i~ __G »._~-. State of.~ati#errria ~~' ytN County of ~~~~nS On 2-~ ~ QC D Zbefo+re me, E-r-~ `~ ~ ~ r ~~~ P'"H jr ~- Date Hars n Name arse 7dfe of 1 :officer personally appeared KELLY H. FUNG No.01FU6126988 Notary Public, State of New York 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 acknowledged to me tha( he/she/they executed the same in his/hei/tlreir• authorized capacity(ies), and that by his,'her/their signature(s) on the instrument the person(s), or the entity upon bei~alf of which tl~e person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. Qualified m Queens County \~IITNESS my hand and official seal My Commission Expires 0 5/1 612 0 1 3 Signature-- -- -___-.- --__-_. Place salary Ssa! Above ~ SignaWri- o. N Lary Puh!~c a~rroN~L Though the inlormalion bolow is rot required hy'aw, it may prove valuable fo person; relying on the document ar,d could prevent Iraudulent r~movai and reattachment v! this form ro another document. 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