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CC Resolution No. 10-174 Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson Avenue, APN 375-28-036 RESOLUTION NO. 10 -174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, GANG ZENG, TIE JUN ZENG AND ZHONGHUA ZHENG, 10544 JOHNSON AVENUE, APN 375 -28 -036 WHEREAS, Gang Zeng, Tie Jun Zeng and Zhonghua Zheng, 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 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: Chang, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: / City Clerk / : yor, City of Cue , rtino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375 -28 -036 10544 Johnson Avenue, Cupertino, CA 95014 Gang Zeng, a single man and Tie Jun Zeng and Zhonghua Zheng, husband and wife, all as joint tenants hereinafter referred to as the "GRANTOR ", this 2 1 5-1 day of b E , 2009, 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 suc i 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: Gang Zeng p'01 2 Tie Jun Zeng Zhonghu ,heng (Acknowledgment and Notarial Seal Attached) EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE LI I Y OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 118, as shown on the Map of 'Tract No. 1183 ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on June 23, 1953, in Book 44 of Maps, at Pages 11, 12 and 13. Excepting therefrom the underground water, as conveyed by Valley Title Company of Santa Clara, a California Corporation to San Jose Water Works, a Corporation by Instrurment dated December 15, 1953, recorded January 21, 1954, in Book 2799 of Official Records, Page 73. APN: 375 -28 -036 • • • • ACKNOWL.EDGMENT State of California County of SAt.JTA Ci;\ --PA On %, Ci L _ L t LCt before me, A (� -) A . ` 1 f \ , AAYTA (insert name and title of the officer) personally appeared GAP-ft zeloil \- I �' - �="�'� i L Hc061-1iA-A who proved to me on the basis of satisfactory evidence to be the person® whose name s®jgfare subscribed to the within instrume and acknowledged to me that ! /they executed the same in bit /her /their authorized capacity 4451 and that by b /I}er /their signatur60 on the instrument the persona or the entity upon behalf of which the person s) cted, executed the instrument. I 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. �.. DAMIAN A. DEPA _\ , �,ti � Comm 1 .;y„a Notary Public ission C 321 a � Santa Clara County Signature Q✓r` -1 � � (Seal)