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CC Resolution No. 10-069 Quitclaim Deed and Authorization for Underground Water Rights, 22685 Stevens Creek Boulevard, APN 342-12-024 RESOLUTION NO. 10 -069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, SAI\ G OH LEE AND HYE YOUNG LEE, 22685 STEVENS CREEK BOULEVARD, APN 342 -12 -024 WHEREAS, Sang Oh Lee and Hye Young Lee, 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: dOr City Clerk ( Ma, or, City of Cuperti • 7 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342 -12 -024 22685 Stevens Creek Boulevard, Cupertino, CA 95014 Sang Oh Lee and Hye Young Lee, husband and wife as community property with right of survivorship, hereinafter referred to as the "GRANTOR ", this k day of M ck , 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 ir. 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: Air ' "-----________ /i.cP-/j-o Sang Oh Let/ _ 6 (Y /(o Hye Young Lee (Acknowledgment and Notarial Seal Attached) •. ERWIN YOUNG CNOI : '' ► ' Commission • 1820105 , • " Notary Public - California ----7 sVi!►'% Santa Clara County , / Comm. E ices Oct 30, 2012 „74110V / /s - • 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: Beginning at a point on the Northerly line of Permanente Road as said line was established by the deed from Phillip Lombardo, et ux to the County of Santa Clara, dated June 10, 1949 and recorded June 15, 1949 in Book 1803 of Official Records, page 240, Santa Clara County Records; distant thereon North 89° 39' West 375.00 feet from the intersection thereof with the Westerly line of that certain parcel of land described in the deed from Phillip Lombardo, et ux, to. W.L. Stepp, et al, dated March 18, 1948 and recorded March 18, 1948 in Book 1587 of Official Records, page 272, Santa Clara County Records; running thence North 89° 39' West along the said Northerly line of Permanente Road 75.00 feet; thence leaving said last named line and running thence North and parallel with the Westerly line of the and so described in the deed to said Stepp, et al, 140.00 feet; thence running South 89° 39' East and parallel with the • said Northerly line of Permanente Road, 75.00 feet; running thence South and parallel with the Westerly line of the land so described in the deed to said Stepp, et al, 140.00 feet to the point of beginning, and being shown upon that certain Map entitled, "Record of Survey of property of Phillip Lombardo ", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on June 20, 1949 in Book 23 of Maps, at page 22. APN: 342 -12 -024 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of cit‘A-6k, On 0 3 //4 //o before me, Eh:J ZA "( C_Ine 1 1Jo pw�O1= c , Date Here Insert Name and Title of the�fficer I personally appeared A ()IA Gl.uj \ y P Name(s) of Signer(s) 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Bare subscribed to the within instrument and acknowledged to me that lam; /they executed the same in itistiazdtheir authorized capac :ity(ies), and that by /their signature(s) on the . ERWIN YOUNG CHOI instrument the person(s), or the entity upon behalf of Commla :ion • 1820905 which the person(s) acted, executed the instrument. r . Notary Public - California 11 f Santa Clara County "" M Comm. Ex ires Oct 30. 2012 • I cert fy under PENALTY OF PERJURY under the laws of the State-of California that the foregoing paragraph is true and correct. WITNESS my h d official seal. Signature 1 4J _■16111- Place Notary Seal Above / I, = ignature 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 Title or Type of Document: � i>L :-�CA cx`om h�e �►�,�d Ac t ovJ 4v. umoi?e tat' Q%5�"fS Document Date: b7/1(9//t Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: M el 9 E•e__ Signer's Name: 1.e '' c.w-c 1_.3e--e- I' Individual 03 ❑ Corporate Officer — Title(s): L] Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C] Partner — ❑ Limited ❑ General 'RIGHTTHUMBPRINT RIGHT THUMBPRINT' ❑ Attorney in Fact OF SIGNER. ❑ Attorney in Fact SIGNER ,.. ❑ Trustee Top of thumb here [] Trustee Top of thumb here ❑ Guardian or Conservator C] Guardian or Conservator ❑ Other: [1 Other: Signer Is Representing: Signer Is Representing: ' E?4 %C4X:t> ��' _ _ y �: y = �6 "�6:t! L •✓:'._. _�' _ _ '`r- �?. - y, .- • 4 :t, er • ev s _ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827