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CC Resolution No. 98-253- RESOLUTION NO. 98-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOP, UNDERGROUND WATER RIGHTS PENG-CHENG LIN AND SUE-MAY JIN, 22310 JANICE AVENUE, APN 357-02-031 WHEREAS, Peng-Cheng Lin and Sue-May Jin have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their 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 described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located 22310 Janice Avenue, APN 357- 02-031. 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 19~ day of October, 1998, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: BURNETT, DEAN, JAMES, STATTON, CHANG NONE NONE NONE ATTEST: QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-02-031 22310 Janice Avenue Peng-Cheng Lin and Sue-May Jim hereinafter referred to as the "GRANTOR", this J'ql)/ , 192~ hereby grant, bargain, assign, convey, day of remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of Lot 46, of that certain subdivision of real property situate in the Country of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 9th dav of February, 1954 in Book 48 of Maps at Pa~e 8 and 9, 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 lots to take from said underground basin within the said lots any and ail 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 lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. Page 1 of 2 Attached Resolution 98-253 This assignment, conveyance and authorization is made for the benefit of LOt 46, within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this in.stmment the day and year first above written. OWNERS: Su (Acknowledgement and Notarial Seal Attached) Page 2 of 2 STATE OF CALIFORNIA COUNTY OF SANTA CLARA a Not~rY P.~blic in ,a~.d for said State, personally appeared ~rove~to me on fhe basis of satisfactory egidence) to be the person(s) whose name (s) Mare subscribed to the within instrument and acknowledged to me that h~/'~J~-/they executed the same in .b~/~Z~their authorized capaclty(ies) , and that by b/~/~their signature(s) on the instrtunent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signed Comm. # 1057827