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CC Resolution No. 10-033 Quitclaim 21350 Vai AveRESOLUTION NO. 10-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AU'T'HORIZATION FOR UNDERGROUND WATER RIGHTS, DAVID K. KANEDA ~,ND STEPHANIA WONG KANEDA, 21350 VAI AVENUE. APN 362-OS-029 WHEREAS, David K. Kaneda and Stepharlia Wong Kaneda, 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 certai~i 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; ~~nd 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 adjourned meeting of the City Council of the City of Cupertino this 16th day of February, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk QUITCLAIM DEED APED AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 362-OS-029 21350 Vai Avenue, Cupertino, CA 95014 David K. Kaneda and Stephania Wong Kameda, Trustees of the Kaneda Family Trust U/D/T DTD June 12, 2003, OR SUCCESSOR TRUSTEES, hereinafter referred to as the "GRANTOR", this ~ day of ~r~,~ ~' ~~ hey grants, bargains, assigns, conveys, remises, releases and forevel• 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 Cour..ty of Santa Clara, State of California, and specifically described as follows: SEE ATTACHEI) EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial i~se upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRArdTOR 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 sai d 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 ~n 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 GRI~NTEE 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. (Acknowledgment and Notarial Seal Attached; PLEASE SEE ATTACHED CURRENT CALIFORNIA NOTARY FORM C,>ai~.~iFOR~iA Alta.-P~R~~S~ d~Ca(~®11V1! ~3~GiUliE~!"atT - - - - - - - .,c=~.-, - _ - - _ - - - „~.~:F,- -.,,c-~.,Gr,,~~:,~..~,r,.crr..c~^.c:c.,~,.cr<c<c;~~..c~c.:~.cr„~~.c=;gin=~c'<~~ State of California County of ~G;! ~~d ~ ~ Q !~' ~ On~4 n.u ~x ~ y o2 `~.a20/~ before me, Date personally appeared KAREN ARMSTRONG r, COMM. #1855938 -i ~ ~ NOTARY PUBLIC -CALIFORNIA • SANTA CI.ARA COUNTY F a ` My Comm. Expires June 27, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the ~lerson(s) whose name(s)~are subscribed to the within instrument and acknowledged to me that. ,~e/sl~e/they executed the same in his/her/their authorized capacity(ies), and that by t~lher/their signature(s) on the instrument the person(s), or the entity upon behalf of which tl-e 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. WITNE~~S my h Signatur OPTIONAL ~ ~ Though the information befow is not required by law, 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: 1 h't ,,- ~ ~ ~P r ~:; Document Date: ~CGL n ~ a r y ~ 9; poi Signer(s) Other Than Named Above: Capacity(ies) Claimed by ~.igFier(s) 1 ~.cL:T~O~ ICJ :-t_~ Number of Pages: Signer's Name: ~ Signer's Name: ^ Individual ~ ^ Individual ^ Corporate Officer -Title(s): ~ ^ Corporate Office e(s): - ^ Partner.- ^ Limit ^ Gener I ~ er - ^ Limited ^ General ^ Attorney in Fact ~ - ^ Att~~rney in Fact . • ^ TCUStee Top of thumb here ^ TfUStee ~ Top of thumb here ^ Guardian or Conservator ^ Guardian or Conservator ^ Otherc '`•,, ^ Other: Signer Is Representing:. ~ Signer Is Representing: ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-24C 2 • www.NationalNotary.org Item #5907 Reorder. Call Totl-Free 1-800-876-6827 EXHIBIT A Beginning at the Northeasterly corner of Lot 28, of 7,ract No. 597 Bianchi Terrace. In the Southerly line of Val Avenue, 60 feet wide, as said lot and avf;nue are shown upon the Map of said Tract No. 597 Bianchi Terrace, filed for record in the Office of the Recorder of the County of Santa Clara, State of California on Apri126, 1949 in Book 22 of Maps, Page 43; thence along said line of Val Avenue, S. 89 degrees 55' E. 100 Feet; thence parallel with the Easterly line of said Lot 28, South 149.00 feet to the center line of the 18 foot right of way granted by Mrs. E.L. Watson to Harry Regnart, by deed dated February 3, 1891 and recorded in Book 134 of deeds, page 286, Santa Clara Count}~Rpccrds, thene~ al~rrg s-aid centerline ~f said right of way, N: ~S~ degrees~59' W. 100 feet to the Southeasterly corner of said Lot 28; thence alon;; the Easterly line of said Lot 28, North 149.00 feet to the point of beginning; and bP~g a porti.or_ of the ~TOrtbi~~lest 1/4 0l the So~:theast i/4 of Section 23, Township 7 South, Range 2 West, Mount Diablo Base and Meridian. A.PN/ARB: 362-OS-029