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CC Resolution No. 99-095- RESOLUTION NO. 99-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM TONY AND DIANA WONG, 22385 SANTA PAULA AVENUE, APN 357-04-006 WHEREAS, Tony and Diana Wong 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 particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". 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 5th day of April, 1999, by the following vote: Vote AYE S: NOES: ABSENT: ABSTAIN: Members of the City Council BURNETT, CHANG, JAMES, STATTON, DEAN NONE NONE NONE ATTESTk Ci~- APPROVED: Mayor, City o~upe~ino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-004-006 22385 Santa Paula Avenue Tony Wong and Diana Wong, hereinafter referred to as the "GRANTOR', this V day of ~-~ 199.~, hereby grant, bargain, assign, convey, remise, release and_ forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, ail the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOK 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" & "B" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficiai 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. Cupertino City Council Resolution No. 99-095 attached. This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. 1N WITNESS WHEREOF, GKANTOR has executed this instnanent the day and year first above written. OWNERS: Diana Wong f/~' (Acknowledgment and Notarial Seal Attached) "EXHIBIT A" All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows; A portion of Lot 32, as shown upon that certain Map entitled," MAP OF LAS PALMAS, MONTA VISTA" which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 1 lth, 1917 in Book "P" of Maps, at Page 17, and more particularly described as follows: Beginning at the point of intersection of the northerly line of Santa Paula Avenue ( 60 feet wide ) with the westerly boundary of the property line of said Lot, running thence along the said westerly property line N 0 07' E 90.12 feet; Thence leaving the westerly property line S 89 53' E and parallel with the northerly line of Santa Paula Avenue 100.12 feet to a point at the easterly boundary of the property line of the said Lot; Thence S 0 07' W 90.12 feet and along the easterly boundary of the property line of the said Lot to a point being at the northerly line of Santa Paula Avenue; Thence N 89 53' W 100.12 feet along the northerly line of Santa Paula Avenue to the Point of Beginning. Containing: 9023 square feet, more or less. 0.207 acres, more or less A. P. N.: 357 ~ 04- 006 GENERAL ACKNOWLEDGMENT CHICAGO TITLE COMHPANY STATE OF CALIFORIqIA } COUlqTY OF SANTA CLARA } Notary inand for said County and Sta%.e, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and ack- nowled~ed to me that he/she/they executed the same in his/her/their authorized capa- clty(ies), and that by his/her/their sig- nature on the instrument the.person(s), or t_he entity upon behalf of which the per- son(s) acted, executed the instrument. WITNESS my hand and official seal. Notary' ~ Signature THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT TITLE OR TYPE OF DOCUM/ENT DATE OF DOCUI~ENT (Notarial stamp or seal) ~;.~ WAI-LIN MASON ~,