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CC Resolution No. 10-065 Quitclaim Deed and Authorization for Underground Water Rights, 21911 Dos Palos Court, APN 326-45-017 RESOLUTION NO. 10 -065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, WEN -TSING CHEN AND SHERRY CHYN -YUN T. CHEN, 21911 DOS PALOS COURT, APN 326 -45 -017 WHEREAS, Wen -Tsing Chen and Sherry Chyn -Yun T. Chen, 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 City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: r City Clerk / Ma • , City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -45 -017 21911 Dos Palos Court, Cupertino, CA 95014 Wen -Tsing Chen and Sherry Chyn -Yun T. Chen, as Trustees of The Wen -Tsing Chen G and Sherry -Shyn -Yun T. Chen Family Trust, dated December 15, 2000, hereinafter referred to as the "GRANTOR ", this c 4 day of Al et._ , 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Wen -Tsing Chen SEE ATTACHED �. CALIFORNIA NOTARIZATION Sherry Chyy -Yun T. Chen (Acknowledgment and Notarial Seal Attached) Exhibit A The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: All of Lot 108, as shown upon that certain Map entitled, "Tract No. 1647 Mann Craft Manor Unit No. 3 ", which Map was filed for record in the, Office of the Recorder of the County of Santa Clara, State of California, on March 27, 1956 in Book 68 of Maps, Page 8. APN: 326 -45 -017 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT "s.. . - - - �.- c� c r a rczrc c c r ec crc rc�c rc r>c rrcr State of California • County of On Moviha5" • 10I 0 before me, -ThaL-s )4 Qa-ej `'`,`ri- 1 t". Date Here Insert Name and Tint of the Officer • personally appeared w �,.rrs lr.3G C i em) 0 CH -IN H tire) Tpr..t 2 CH c Name of Signert • who proved to me on the basis of satisfactory evidence to . be the persona) whose name( is /are subscribed to the within instrument- and acknowledged to me that . hiti.sheithey executed the same in histaritheir authorized " capacitAGI, and that by hisi:/their signature( on the • instrument the persong or the entity upon behalf of .,� DAKSHA'K. PATES which the persOrF acted, executed the instrument. " N . comM #1849622 c , • . , n; - NOT SAN7A CLARA COU TyNIA yr My Comm. Expires May 17, 2013 C certify under PENALTY OF PERJURY under the laws A of the State of California that the foregoing paragraph is true and correct. • WITNESS my hand and official seal. Signature gRi0 • Place Notary Seal Above Signature of 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 • ON 3 it - O 1-1 Title or Type of Document: DXtd a J - �r.��J ✓� t L t�� r2�� Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: • • Capacity(ies) Claimed by Signer(s) Signer's Name: • Signer's Name: ❑ Individual ❑ Individual • ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner,— ❑ Limited ❑ General • ❑ Partner — ❑ Limited ❑ General RIGHTrHUMBPRINT RIGHTTHUNIBPRINT ❑ Attorney in Fact OFSIGNER ❑ Attorney in Fact . OF SIGNER ❑ Trustee • Top of thumb her ❑ Trustee • Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator • ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: • • !1 - v-'dI - �' - d ' -, 'd �.j'0�. w. .. d -'f/ 'A- •'�- 'd.•'P1 'd 'd'.'d. -_,. - d - b, n _ _ .•y. `d -d 'dl'P!. "tl 'a! �. `d' 'A• - d C✓• w - fY.' •'C/. W ©2007 National Notary Association • :9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313 - 2402 +www.NationalNotaryorg Item #5907 Reorder: Cali Toll -Free 1-800- 876-6827