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11. Quitclaim Deed 10640 Flora Vista AveRESOLUTION NO. 10 -062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, CHENG YU LIN AND STEPHANIE YU TING PENG, 10640 FLORA VISTA AVENUE, APN 326 -08 -039 WHEREAS, Cheng Yu Lin and Stephanie Yu Ting Peng, 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 tine 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: i Vote Members of the Cit Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 11 -1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -08 -039 10640 Flora Vista Avenue, Cupertino, CA 95014 Cheng Yu Lin and Stephanie Yu Ting Peng, husband and wife, as Joint Tenants, hereinafter referred to as the "GRANTOR ", this Z 7 fi'4 day of MArt , 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. 11-2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: min OR Stephanie Yu Ting P (Acknowledgment and Notarial Seal Attached) 11 -3 State of California ) County of Santa Clara ) On 03/27/2010 before me, Vivian Stoklosa a Notary Public, personally appeared STEPHANIE YUTING PENG AND CHENG YU LIN , who proved to me on the basic of satisfactory evidence to be the person(s) whose name(s) is /ark subscribed to the within instrument and acknowledged to me that he /she /t e executed the same in his /her/ ei authorized capacity(ies), and that by his /her /t eir ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. / certify under PENAL TY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and offii Signature VIVIAN STOKLOSA r comm. #1801190 k NOTARY PUBLIC • CALIFORNIA n SANTA CLARA COUNTY Comm. Exp. JUNE 10, 2012 11-4 LEGAL DESCRIPTION EXHz BIT *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 19, as shown on that certain Map entitled 'Tract No. 631 Garden Gate Village ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 23, 1949 in Book 22 of Maps at page(s) 56. APN: 326 - 08-039 11 -5 .............. ............ -- Frl Rk J Z XXXII, 4 RA .r" - iI �.A..- _ .• ��'°°°. _ � .. ' � S .:... _ sue, �.• .. �' d -.. ,�i cry^': - _ ,am , a. -2' r• �d. g� .,7 a - v 77 to '� f r t itrm' 3 'C 1 .r O •e2'°,i4 a -i ew� moh � 7 ' ? � r - K`..e� -r r� { —�� °err.;; �„ � ■s V►LLE: F_� � - t ~ � .s '. t 5 �'. •. '- . +� P � ��,':` �1• �" jf03M Y CFE "08 � 1]9}3 �u �,�. � � 3'10BR �.� 7 � a!: ^. 'm- ta y c S pk � 3 � at7 Y y i $ a s w 4 4 l sss II _ XXX cr�i 5, TGB19� � � .. � ' {.:: y �.y. �' II�1 � 4 - :,� '.' ,,� � �Aj � � ' � �� 'y -•• fr a t 1 a 7 AL $also . ;% f " •. . ...t �' — '�- - - ,.�!' a fir ,.�4e T c�� " v � �,�� ^tip �" • � ��.' OF gm td - to �. °T - 5 •.- T f �`�'�., .�.re...,.++, s. 5 ' • 1 211 - ...-. .:. W q 8i+• ] n • �fi k'k'ry F F 9 muss, a 6c� g� s Lw 'i 3 Rc.iSCZC '� - u . _ x- - cc1�zs _Yee. ..,.ti .� f...+ f y Adopt P 1 � r r Authoriz 0 Fl 1aln ,fit Ri g h ts , - • Y u Li n r • S tep h an i e • - • • • ra Vi sta ri ght Avenue, APN 326-08-039, Resolution No. 10-6�- A The pro rty owners of this pe • - • •. residenti u overlying property �L ®f z - - . 3 t