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CC Resolution No. 10-229 Quitclaim Deed and Authorization for Underground Water Rights, 10450 Ann Arbor Avenue, APN 326-28-017 RESOLUTION NO. 10 -229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, HUNGWEN LI AND HUNG -YING LI, 10450 ANN ARBOR AVENUE, APN 326 -28 -017 WHEREAS, Hungwen Li and Hung -Ying Li, 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 21st day of December, 2010, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: e r City Clerk / ayor, City of Cupertino / QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -28 -017 10450 Ann Arbor Ave, Cupertino, CA 95014 Hun en Li and Hung -Vine Li, Husband and Wife as Community Property with Right of Survivorship, hereinafter referred to as the "GRANTOR ", this day of t , 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 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 tot within said legal description. • • IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Flungwen Li Hung -Ying Li 1 (Acknowledgment and Notarial Seal Attached) • • • • • { • - -• • - ..'..:..: l':.:. - and is The land referred to In this Report is situ ituated in the County of Santa Clara, City of Cupertino, St of Ca • ( described as follows: . - - : . on that certain Map entitled "Tract loo. 682 Garden Gate Village Unit No. 2 ", flied for !.•-• : 1 • • :; - : Lot 95, as delineated u p • record in the Office of the Recorder of the County of Santa. Clara, State of. California, on February 20th , 1950 • ' • ! in Book 26 of Maps, at Page 24 and 25. . • . • • APN: 326 -28 -017 • i • i 1.. .• i I • I . 1 • . . _...,.. ; i • 11 :. . ACKNOWLEDGMENT State of California County of Santa Clara On November 26th, 2010 before me, Herbert R. Flores (Aokz - gk)lo\te - (insert name and title of the officer) H un wen Li & Hun Yin personally appeared J Hung Li who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)g /are subscribed to the within instrument and acknowledged to me that f & /sttie /they executed the same in tfs/ r /their authorized capacity(ies), and that by Ws/her/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. HERBERT R. i LORES WITNESS my hand and official seal. Commission # 1755049 Y 1 Notary Public - California Santa County Clara 1 tyComm.Explr ou 1.2011 Signature h \c� r C. (Seal)