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CC Resolution No. 98-020- RESOLUTION NO. 98-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM KC & J INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; APN 357-19-013, 21720 ALCAZAR AVENUE WHEREAS, KC & J Investment, LLC, a California Limited Liability Company, has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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: 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 54 day of January, 1998, by the following vote: Vote Members of the City Council AYES: Burnett, Dean, James, Statton, Chang NOES: None ABSENT: None ABSTAIN: None ATTEST: Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-19-013 21720 Alcazar Avenue K C & J Investment, LLC a California Limited Liability Company, hereinafter referred to as the "GRANTOR', this Z day of ,:~C 199.~, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, 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" & "B" 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 or overlying lands in the said lots to take from said underground basin within the said lots 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 lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: K C & J Investment, LLC a California Limited Liability Company. By:Mai~a~Kang (."~~ ~ (Acknowledgment and Notarial Seal Attached) ALL-PURPOSE ACKNO'~VLEDGMENT On 12- - Z - qxr before me, 4%~ ~. personally appeared /bJd~'f,x~k ~ vc3 County } . ss: [] personally known to me - OR - [] proved to me on the basis o[ satisfactory evidence to be the person(it) whose name(~) is/~e subscribed to the within instrument and acknowledged to me that 4~/she/t~y executed the same in h~/her/tltr~ir authorized capacity(~), and that by l~/her/th~r signature(ffi on the instrument the person(~), or the entity upon behalf ot~ which the personCa) acted, executed the instrument. WITNESS my hand and official seal. Signature: , Name (typed or printed) My Commission expires: Commission ~ 10,51695 Notary Public: -- CallJomla My Com.~Di[es Feb 13,1999 DESCRIPTION OF LAND FOR CLAIM DEED FOR UNDERGRO[3ND QUIT-- WATER RIGHTS Ail that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 19 as shown on that certain map entitled: "TRACT No.300, MAP OF NOONAN SUBDIVISION-UNIT No. 2", which map was recorded on May 6, 1946 in Book 10 of Maps at Page 16, in the office of the Recorder of said County and State. Refer to,. EXHIBIT "B", Plat, which is hereby made a part of this description. Date: October 27, 1997 City File: 52,099 APN: 357-19-013 Address: 21720 Alcazar Ave., Cupertino, CA. AL ~A ~0.00 PLAT OF,, QUIT C/II 11~ DEED 1,41,4 .SCALP, / fi=' ~O - c~ ~ r b'n o