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CC Resolution No. 11-030 Quitclaim Deed and Authorizaiton for Underground Water Rights, 10108 South Tantau Avenue, APN 375-07-040 RESOLUTION NO. 11 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, STEPHEN WU AND CHINLING LEE, 10108 SOUTH TANTAU AVENUE, APN 375 -07 -040 WHEREAS, Stephen Wu and Chinling Lee, 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 1st day of March, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney NOES: None ABSENT: Wang ABSTAIN: None ATTEST: APPROVED: / "tq/(4-' City Clerk / Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 375 -07 -040 10108 South Tantau Avenue, Cupertino, CA 95014 Stephen Wu and Chinling Lee, husband and wife, as community property with right of survivorship, hereinafter referred to as the "GRANTOR ", this day of LAM C , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever q itclaims 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 ATTACHEI) 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 no 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: Stephen Wu Chinling Lee (Acknowledgment and Notarial Seal Attached) EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: LOT 141, as delineated upon that certain Map entitled "Tract NO. 550 ", fled-for record in the Office of the Recorder of the County of Santa Clara, State of California, on January 3rd, 1949 in Book 22 of Maps, at Page 4 and 5. APN: 375 -07- 040,99 • • • i CALIFORNIA ALL— PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Ii State of California li :; County SOIN c ■ C lAYA r • li 7 On T- t, 4 ` ' t 'Z D 1 \ before me, f ,A C 5.- t \1L, n ` 6'� - P,:.) c 1 c iv C') , .r ` a (Here insert name Ind title of the officer] / personally appeared e l _e ..\ \i 1 W u' C k \ `� — L 0, q L -,0 - � , who proved to me on the basis of satisfactory evidence to be the person(aYwhose name(s) ,A are subscribed to the within instrument and acknowledged to me that h /sj /they executed the same in j/3�er'/their authorized ' capacity(ies), and that by 1yi�lyef /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 PERT Y under the laws of the State of California that the foregoing paragraph i is true and correct. a = - =: rs j —� ADRIAN CAS T ILLO TOPETE JR ;l A __ ! a l Comm. 1814886 c ` I WITI'E$S mykiand Id official seal., � ` NOT ARY PUBLIC • CALIFORNIA c \ \- ) SANTA CLARA COUNTY /� ,� ,f /) l /, ' Y , # My commiss expires September 25, 2012 ; T / U// (.Nola y' esll r -.• .� ,��-.� , I -r,, ,,,..:. -. rig t of N atar2il/ J ubl' t • • s l I ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM . 9rn• acknowledgment completed in California must contain verbiage exactly as I ', DESCRIPTION OF THE ATTACHED DOCUMENT q'pears above in the notary section or a separate acknowledgment font must be pwpe'ly completed and attached to that document. The only excepticm is if a ! dxtanent is to be recorded outside ofCalif In such ins7ances, any alternative I i (Title or description of attached document) a :knowledgrnenl verbiage as may he printed on such a document so long as the I 7'o - h7age does not require the notary to do something that is illegal for a notary in i I S California (i.e. c7o riJ d)7g the authorized capacity of the signer). Please check the dscwnent carefulh'.for proper notarial wending and attach this font if required. 1 (Title or description of attached document continued) 1 I • State and County information trust be the Stale and County where the document Number of Pages Document Date signcr(s) personally appeared before the notary public for acknowledgment. II • Date of notarization must he the date that the siguer(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 n ame as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at thc time of notarization. CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect fortis (i.e. • ❑ Individual (sj he /she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocwnetu recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. impression must not cover text or Tines- If sea/ impression smudges, re -scat if a (Title) sufficient area permits. otherwise complete a dilfcrcnt acknowledgment form. • Signature of the notary public must thatch the signature on file with the office of ❑ Partner(s) 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 Indicate title or type of attached document, number of pages and date. Indicate thc capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i -e_ CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA Yi 2.10.07 00-S73-9865 www.NotaryClasscs.com