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CC Resolution No. 11-142 Quitclaim Deed and Authorization for Underground Water Rights, 845 Lily Avenue, APN 359-03-039 RESOLUTION NO. 11 -142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, WEIGANG ZHANG AND SONGYAN WU, 854 LILY AVENUE, APN 359 -03 -039 WHEREAS, Weigang Zhang and Songyan 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 16th day of August, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: 1 2/y ly Kimberly Smit ( ity Clerk Gilbert Wong, Mayor, City ofCupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 359 -03 -039 854 Lily Avenue, Cupertino, CA 95014 Weigang Zhang and Songyan Wu, husband and wife, as joint tenants, hereinafter referred to as the "GRANTOR ", this 1-sr day of 6 U &LI 5 T , 2011, 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, ir_terests, 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 herel y 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 lot within said legal description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Weigang Zhang S ongy f r (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 79, as delineated upon that certain Map entitled "Tract No. 2536 ", filed for record in the Office of the Recorder of the County of Santa Cara, State of California, on October 14th, 1959 in Book 113 of Maps, at Page 6 and 7. APN: 359-03-039 ARB: 359 -03 -039 Page 1 of 1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California • County of z c -44 Q • /� • On ust ` �O t 1 before me, _batk5 ks,., V • Pcd1 vlofcL v>,, (tF , (Here insert name and title ofthe office) personally appeared U) C 2J who proved to me on the basis of satisfactory evidence to be the person® whose names) is /are subscribed to the within instrument and acknowledged to me that hhe /they executed the same in her /their authorized capacity el , and that by her /their signature° on the instrument the persona or the entity upon behalf of which the persont`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. �^• • DAKSHA K. PATEL 1 WITNESS my hand and official seal. COMM. #1849622 y { % % NOTARY PUBLIC • CALIFORNIA �\ A ��,► SANTA CLARA COUNTY 2013 R5v() My Comm. 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