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12. Quitclaim Deed 10391 Ann Arbor Ave21i RESOLUTION NO. 10 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JEFF CHEN AND YING LONG, 10391 ANN ARBOR AVENUE, APN 326 -28 -028 WHEREAS, Jeff Chen and Ying Long, 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 Cite Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 12 -1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -28 -028 10391 Ann Arbor Avenue Cupertino, CA 95014 Jeff Chen and Ying Long, husband and wife as community property with rights of survivorship hereinafter referred to as the "GRANTOR", this 'Z day of MA CAn , 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 ill 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. 12 -2 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: r Jeff Che `ring on (Acknowledgment and Notarial Seal Attaches) 12 -3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of � - z°1 DAKSHA PATEL COMM. #1849622 -+ r� = NOTARY PUBLIC - CALIFORNIA ti SANTA CLARA COUNTY My Comnt. Expires May 17, 2013 On NlPOZCH • 2C ao I tD before me, pi Hare insert Name and Title at tM Offder personally appeared p„J L-oP�tU Names of Signer who proved to me on th e basis of satisfactory evidence to be the personal whose name& !Ware subscribed to the within instrument- and acknowledged to me that h/they executed the same in /their authorized capac' es , and that by kiaAw/their signatureaa ' on instrument the person, or the entity. upon behalf of which the person(Q acted,- executed the instrument, l 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. Signature Place Notary Sea! Above Slgnatura df Notary Public OPTIONAL Though the information below 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: ..Apo d CLJ ' A< - k - 0 h o t� Foy ' ro k"n 4 5k Document Date: Number of Pages: . Signer(s) Other Than Named Above: Capacity(ies) Claimed-by Signer(s) Signer's Name: Signer's Name: 0 Individual D- individual ❑ Corporate Officer -- Title (s): O Corporate Officer — Title(s): ❑- Partner. ❑ Limited -O General ❑ Partner - O Limited ❑ GE:neral _ El Attorney in Fact • - ❑ Attorney in •Fact. I-] Trustee Top hthumb here (] Trustee Top of thumb here ❑ Guardian'or Conservator C3 Guardian or Conservator ❑ Other: 0 Other Signer is Representing: Signer Is Representing: ®2(107 - National Notary Awodafiow- :0350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 w— org ftem #5807 Reorder. CaIl Tbil-Free 1= 800 - 876-6827 12 -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: All of Lot 106, as shown upon that certain Map entitled, "Tract No. 682 Garden Gate Village Unit No. 2 ", which Map was filed for record in the Office of the Recorder of tre County of Santa Clara, State of California, on February 20, 1950 in Book 26 of Maps, at Pages 24 and 25. APN: 326-28 -028 12 -5 mi j T� F M, r t_ T _ - ��.. -..�. ..., P t7;�f . -' .7. >� � _ � ` fat _ .. . ....... V %TP 1z' FV *M oiv Pi �im � LU; rim J < r O jI F V Z M7. ff 'MI Ta 1: V _-7 ;Ij 5& F777 _ � ....i �i ' � � ,,; c 1o.es �eM�� - D '"' �.oSX"�. 7 � m,�:ti�- °---�� i � � f - �� i e 4 TV 14 1Z VS, 74Y y :MM t IS- Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Jeff Chen and Ying Long, 10391 Ann Arbor Avenue, APN 326-28- 028, Resolution No. 1 _3 9G The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. -��`� � � e- . �" � �dra y � '�.� g a c � - � � [ 'fin �y - i �-� =^ d i � ,�� r" ,�.y