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CC Resolution No. 10-215 Quitclaim Deed and Authorization for Underground Water Rights, 20136 Peachtree Lane, APN 316-33-059 RESOLUTION NO. 10 -215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, CHENG -CHIH HSU AND YI -TING WU, 20136 PEACHTREE LANE, APN 316 -33 -059 WHEREAS, Cheng -Chih Hsu and Yi -Ting Wu, 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 29th day of November, 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: 6/ak_cCcivv / City Clerk i {- `for, City of Cupe ino "v" 1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 316 -33 -059 20136 Peachtree Lane, Cupertino, CA 95014 Cheng -Chih Hsu and II-Ting Wu, husband and wife, hereinafter referred to as the "GRANTOR ", this 3`'d day of /f p v _ 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 expectmcy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specially 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 or 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 author ze 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: ( Chen'' Hsu ) Yi -Ting Wu (Acknowledgment and Notarial Seal Attached) EXHIBIT A Real property in the City of Cupertino, County of Santa Clara, State of California. described as follows: Lot 95, as shown upon that certain map entitled "Tract No. 2953, Triumph No. 2" which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on September 22, 1961, in Book 138 of Maps, at Pages 20 and 21. Excepting therefrom the underground water rights granted to California Water Service Company, a California Corporation, by instrument recorded September 28, 1960 in Book 5312 of Official Records, Page 264. APN: 316 -33 -059 California All Purpose Certificate of Acknowledgment State of California ) ) ss. County of Santa Clara ) `-G M On �� �� , 2.6 \ O before me, HIM R q • MCI , NA efi ��b0 � c. Date , (Title) personally appeared Cheng -Chih Hsu and Yi -Ting Wu — who proved to me Names(s) of Signcr(s) on the basis of satisfactory evidence to be the person(s) whose name(s),i /are subscribed to the within instrument and acknowledged to me that executed the same in ? i1/1;lef /their authorized capacity(ies), and that by /lf /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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. ®31311111MIEBII6IMEISISEM10D 1111PDe r Hul • "` °`'. HEIA V. MOD) ii WITN S my hand nd official seal. M W— COMM. NO. 1887053 R n �� + --- , - . 1 ,1t::: NOTARYPUBLIC- CALIFORNIA g , ' � I�,1b (SEAL) 1 141;1-' SANTA CLARA COUNTY - . I , signature of Notary Public COMM. EXPIRES MAY l5 2014 Et laiiscaewaSSZESidsE M5LaxcreaLYnasmitilVg ® OPTIONAL Though the information requested below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED Individual(s) i DOCUMENT ❑ Corporate(s) Officer(s) Quitclaim Deed Authorization for Underground Water Title or Type of Document 3 (Titles) Number of Pages ❑ LLC Officer(s) 11-3- V) Date of Doument (Titles) Signers(s) Other than Named Above ❑ Partner ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: (Name of persons or entities) U ndAck.02- WA010808