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23. Quitclaim Deed 7948 Woodlark WayDRL~FT RESOLUTIOly N0.09-193 A RESOLUTION OF THE CITY COUl`1CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JOHN ZHE QU AND HONG XIAO, 7948 WOODLARK W,~Y, APN 362-04-043 WHEREAS, John Zhe Qu and Hong :ciao, have executed a "Quitclaim Deed and Authorization", which is in good and sufficient i'orm, 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 the City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a special 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: APPROVED: City Clerk Mayor, City of Cupertino 23-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 362-04-043 7948 Woodlark Way, Cupertino, CA 95014 John Zhe Qu and HOnE Xiao, husband a,,,,~~nd wife, as community property, hereinafter referred to as the "GRANTOR", this ~ltl day of ~ c~ ~i' , 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 Claza 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 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. 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. 23-2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. Q~WNERS: John Zhe Qu ---_-,. Hong Xiao (Acknowledgment and Notarial Seal Attached;. 23-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~Q.~ (st.-~~ ~Q~ r`R- ! / > On ~! I `'f p before me, ~ ~A't~%T ~ l ~J~r Ct, /v9'(-~E1.1~~/ ~~w b (i C , Date Here Insert Name and Title of the Officer personally appeared -o stn Z~2 (.~~ a~ Hlo~ x(•~i~ SING JIANG Commission ~ 1795513 •ttti Notary Public - California Santa Clara County Comm. Ex fires A r 20, 2012 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 that faefs#~e/they executed the same in i3isft~/their authorized capacity(ies), and that by l~+sfl~r/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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal,. t ~ Signature Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual Corporate Officer -Title(s): _ Partner - ^ Limited ^ General Attorney in Fact Trustee Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ®2007 Natbnal Notary Association •9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NadonalNotaryorg Item #5907 Reorder: Call ToN-Free t-800.876.6827 23-4 LEGAL DESCRIPTION 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 3i, as delineated upon that certain Map entitled 'Tract No. 3444", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on July 19th, 1963 in Book 164 of Maps, at Page 10. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California Corporation, by Instrument, dated August 13th 1963, recorded August 14th 1963 in Book 6147 of Official Records, Page 72. APN: 362-04-043 ,-~ ~..r 23-5