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10. Quitclaim Deed 1138 Derbyshire DrRESOLUTION NO. 10 -060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, HONG ZHANG AND SHUXIONG SHI, 1138 DERBYSHIRE DRIVE, APN 362 -21 -029 WHEREAS, Hong Zhang and Shuxiong; Shi, 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 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 regular meeting of the City Council of the City of Cupertino this 6th day of April, 2010, by the following vote: Vote Members of the Cit}7 Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 9 -1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 362 -21 -029 1138 Derbyshire Drive Cupertino, CA 95014 Hong Zhang and Shuxiong Shi, husband and wife, hereinafter referred to as the "GRANTOR ", this 13M day of /n fiCC� , 2010, 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 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. 9 -2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: —l/g-� Hong Zhang Shuxiong Sf SIX ATTACHED cALIFORNIA NI:)TARIZATION (Acknowledgment and Notarial Seal Attached) 9 -3 Exhibit A LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: LOT 33, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED, 'TRACT NO. 2591 HUNTINGDON VILLAGE, FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON DECEMBER 9, 1959 IN BOOK 114 OF MAPS, AT PAGE 35. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO WITH NO RIGHT OF SURFACE ENTRY, AS GRANTED TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT RECORDED MARCH 18, 1960 IN BOOK 4729 OF OFFICIAL RECORDS, PAGE 521. APN: 362 -21 -029 -00 9 -4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State df California County of CJ0-A0­ J On �1 1 aO 1 b before me, I J:Z� , �,.n- L Lt C_ Date Hers - Insert Name and TiU9 of the otfi personally appeared _ W or�q 'Zha�•q - Nemejo of Slgner sm DItKSItA K. PATEL COMM. #1843622 - - NOTARY PU$LIC CALIFORNIA SANTA CL ARA COUNTI My Canm. Expires May 17, 2023 who pn)ved to me on the basis of satisfactory• evidence to be the persorQ) whose named ea'are subscribed to the within instrument- and acknowledged -to me that ire /' "hey executed the same in hr/their authorized capacity es , and that by tamer /their signature)' on the instrumarit the persoriM or the entity, upon behalf_ of which the persbn/oacted, executed the instrument C certify under PENALTY OF PERJURY under the' laws :. of the State of California that the foregoing paragraph is true and correct. - WITNESS my hand and official seal, Signatu;�e Place Notary Seel Above Signature of No Public OPTIONAL Though the fnformatlon 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 1 }t�cit nr. Document Date: 9 Number of Pages; Signer(s) Other Than Named - Above: Capacity(ies) Claimed Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s: ❑- Partner.— 0 Limited .❑ General _ - ❑ Pa trier — ❑ Limited ❑ General -- ❑ Attorney in Fact O At:omey in •Fact . -- ❑ Tr Top of thumb here Top of thumb here ❑ Trustee . ❑ Guardianor Conservator ❑ Guardian or Conservator ❑ Other. ❑ Other Signer Is Representing: Signer Is Representing: s. �.- �.�..�. m �.. � �. �. ��a. �o; �:. �a:. saasa; ��o;, x��: yaa�a, �:• r�e�xspatc�. w�:. se :.y�;•.o�.se� ��:.5���.:�� 02 National Notary Assocafimr .9350 Do Soto Ave., P.Q.Box 2402 •Chatsworth, CA 91313 -24 32• www NationaRtic taryorg Item #5907 Reorder. CaQTdI -Free 44M-876 -6827 PIN "lob - RQ 11D2 1"ID - '� � - � is � •- _ � � � - �� 1107 _ J 1 ° .. t¢ 1D i. • ro H `� . > - 11'3 �. 1 1�,. -111 , E i 1117 _. 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