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CC Resolution No. 11-173 Quitclaim Deed and Authorization for Undergound Water Rights, 10382 Palo Vista Rd APN 357-02-050 RESOLUTION NO. 11 -173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, TRACY HSU AND HUEI -HWANG HUNG, 10382 PALO VISTA ROAD, APN 357 -02 -050 WHEREAS, Tracy Hsu and Huei -Hwang Hung, 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 4th day of October, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang NOES: None ABSENT: Mahoney, Wang ABSTAIN: None ATTEST: APPROVED: Kimberly Smith, Qi Clerk albert Wong, Mayor, City o Cupertino t;' QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -12 -011 22080 San Fernando Court, Cupertino, CA 95014 AZ Chemicals, Inc. as to an undivided 50% interest and Ronsdale Management, LLC, as to an undivided 50% interest, as tenants in common, hereinafter referred to as the "GRANTOR ", this ,1 day of j - , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, here Lnafter 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 a; 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 lot within said legal description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Carlson in Chan Chief Executive Officer (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 47, as delineated upon that certain Map entitled "Tract No. 211 Stevens Creek Subdivision Map No. 4 ", filed for record in the Office of the Recorder of the County of Santa Clara, State of 1 Califomia, on April 6, 1942 in Book 7 of Maps, at Page 31. APN: 357 -12 -011 • • • • • • • Page ].ofi • CALIFORNIA ALL - PURPOSE 111 C;ERTIF'IC;ATE OF ACKNOWLEDGMENT I h State of California l t` I County of � %r `t C o 1‘ On 9 I b efore me, � ` (=) �7'�- -� ,vJ/ , 1., ,;' (Here insert name and title of the officer) V i ii ti personally appeared GL �'L�� , li 11 I who proved to me on the basis of satisfactory evidence-o be the person(s) whose name s ® are subscribed to the within instrument and lowledged to me thane /she /they executed the same in dr ' ier /their authorized � IE capacity(ies), and that b is/ •ler /their signature(s) on the instrument the person(s), or the entity upon behalf of i 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 t ill • l' is true and correct. µ MARY ELLEN SMITH i9; ij ,,..; Commission # 1812652 j - sw; Z `ffi •tact Notary Public - California , WITNESS my hand and official seal. Z � fo l y Santa Clara County 4P My Com m. Expires Sep 22, 2012 I _ RI. (Notary Seal) Signature of Notate .tic 1, ® 1 ADDITIONAL OPTIONAL INFORMATION `` INSTRUCTIONS FOR COMPLEI ING THIS FORM A ny acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate aclaaowledgment form must be properly completed and attached to that document. The only exception is if a 9 t 9 ; document is to be recorded outside of California. In such instances, any alternative 1 ( or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the I verbiage does not require the notary to do something that is illegal for a notary in I California (i.e. cer•t ping the authorized capacity of the signer). Please check the 3t , ( Title or description of attached document continued) document carefully for proper notarial wording and attach this f n rn if required. i ?1 • State and County information must be the State and County where the document Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment. • • Date of notarization must be the date that the signer(s) personally appeared which ? 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 comma and then your title (notary public). j • Print the name(s) of document signer(s) who personally appear at the time of 1 notarization. CAPACITY CLAIMED BY THE SIGNER • hrdicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he /sholthey is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. I Impression must not cover text or lines. if seal impression smudges, re -seal if a I • (Title) sufficient area permits, otherwise complete a different acknowledgment form. if • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. ❑ Attorney-in-Fact Additio information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document i l l ❑ Other Indicate title or type of attached document, cumber of pages and date, •. Indicate the capacity claimed by the signer. if the claimed capacity is a rt t' =. =, corporate officer, indicate the title i:e. CEO, CFO, Secreta i " i • Securely attach this document to the signed document ;t; -«gym. ..e.�.. �.. :> : ..�. 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