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CC Resolution No. 10-172 Quitclaim Deed and Authorization for Underground Water Rights, 10131 Santa Clara Avenue, APN 326-24-050 RESOLUTION NO. 10 -172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, HSUEHLI JOSEPH YEH AND HSIAOWEN TUNG, 10131 SANTA CLARA AVENUE, APN 326 -24 -050 WHEREAS, Hsuehli Joseph Yeh and Hsiaowen Tung, 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 / ► . nor, City of Cupert o QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -24 -050 10131 Santa Clara Avenue, Cupertino, CA 95014 Hsuehli Joseph Yeh and Hsiaowen Tung, Husband and Wife as Community Property with Rieht of Survivorship, hereinafter referred to as the "GRANTOR ", this fi day of Avt , 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 GRAN'T'EE, 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 nothir..g 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 shalt 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: `c ? , { i Hsuehli Jos / eh _ 14 siaowen Tung (Acknowledgment and Notarial Seal Attached) 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 Lots 22, 23 and 24 In Block 2, as shown upon that certain map entitled "Map of Monta Vista First Addition ", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book P of Maps, at Page 23. APN: 326 -24 -050 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 State of California 5 County of q 'R *G CV C- - -Q-77 — 2bl Dbefore me, 1---S )-1 a R - ? RT E L , v'i 1 —) P / i cc_ i (Here insert name and title of the officer) } ! personally appeared C"4 S U.. ,. "Z S PA h 7 L_ h ca'i1cl, Nt S l q c W E 1 -T1--1 f , i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /subscribed to the within instrument and acknowledged to me that hei thOxecuted the same in his/b. r/t eir authorized capacity(ies), and that by l3is /th 'r si ture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed ttrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i I s NISHA R. PATEL rr i WITNESS my hand and official seal. Commission # 1781341 L ! 1 - ' 4� « , Notary Public - California a Ir 1 ¢ ` ., Y ' � i Santa Clara County it - t . i _=m...j - fJf?rCarn X 172011 j (Notary Seat'° '7°'a it' Signature of Notary Public e 34 I i • j ADDITIONAL OPTIONAL INFORMATION 1 INSTRUCTIONS FOR COMPLETING THIS FORM 4 Any acknowledgment completed in California must contain verbiage exactly as II DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a 1 ci u.T�c � m I) E _ e d q nL document is to be recorded outside of California. In such instanc any alternative !, `' acknowledgment verbiage as may be printed on such a document so long as the ` (Title or description of attached document) verbiage does not require the notmy to do something that is illegal for a notary in Al4_ 1 V1-12.A - For qflr�e- 61- 0 urtet.- California (i.e. certi(5ing the authorized capacity of the signer). Please check the } e:Y'r_s document carefully for proper notarial wording and attach this form if required. ?' (Title or description of attached document continued) I -- � �5 t A State and County information must be the State and County where the document • N umber of Pages Document Date o S Z7 p signer(s) personally appeared before the notary public for acknowledgment. I • Date of notarization must be the date that the signer(s) personally appeared which i must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her I commission followed by a COtllma and then your title (notary public). I • Print the name(s) of document signer(s) who personally appear at the time of ! notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Individual (s) he/she/they, is /are) or circling the correct forms. Failure to correctly indicate thi information may lead to rejection of document recording. , ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. j Impression must not cover text or lines. If seal impression smudges, re -seal if a r l I (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact ' • Additional information is not required but could help to ensure this ! ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other .b Indicate title or type of attached document, number of paces and date. !: Indicate the capacity claimed by the signer. If the claimed capacity is a j corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document it i 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com •