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CC Resolution No. 99-053RESOLUTION NO. 99-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM ALAN K. yLrEN AND MEEKIE Y. CHEUNG; 22277 CRESCENT ROAD, APN 326-16-084 WHEREAS, Alan K. Yuen and Meekie Y. Cheung 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 smd Qmtclmm Deed and Authorization and thru resolut o . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 165 day of February, 1999, by the following vote: Vote Members of the City Council AYES: BURNETT, CttANG, J/~ES, NOES: NONE ABSENT: NONE ABSTAIN: NONE STATTON, DEAN ATTEST: ' Cit~ Clerk~~~'~ APPROVED: Mayor, City bf Cupertino QUITCLAIM DEED 'AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 'APN 326-16-084 22277 Crescent Road Alan K. Yuen and Meekie Y. Cheung, hereinafter referred to as the "GRANTOR', this day of ~?.J~n~rf 199 c/, 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, 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 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 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 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 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. Resolution No. 99-053 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. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Al'-~n ~.7~ue~y Meekie Y. Cheung ~ 67 (Acknowledgment and Notarial Seal Attached) EXHIBIT A LEGAL DESCRIPTION: 22277 Crescent Road, Cupertino, CA95014 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Portion of Lots 37 and 38, as shown on the Map entitled, "Russelhurst Monta Vista", filed for record on April 11, 1917 in Book "P" of Maps, at page 22, more particularly described as follows: Beginning at the Southwesterly comer of that certain mai property conveyed to Cart A. Doak, Jr., et ux, in the deed recorded October 18, 1966 in Book 7537, page 589, said point being in the Northerly line of Crescent Road, thence North 9 deg. 19' 48" West along the Westerly line of said land conveyed to Doak 100.26 feet to the intersection thereof with the Northerly line of the parcel of land conveyed to Bruno Riccoboni, et ux, by Deed recorded September 28, 1965 in Book 7119 of Official Records, page 560; thence South 86 deg. 11' 27" West along said Northerly line 97.13 feet to the intersection thereof with the Westerly line of said Lot 37; thence South 4 deg. 40' East along said Westerly line 127.05 feet to a point in the Northerly line of Crescent Road; thence along said Northerly line of Crescent Road along the arc ora curve through a central angle of 12 deg. 25' 02" for an arc distance of 47.68 feet with an arc radius of 220 feet; thence continuing along said Northerly line of Crescem Road tangent to the preceeding curve North 74 deg. 21' 20" East 60.93 feet to the point of beginning. ARB No. 326-16-084 EXHIBIT B -q. ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara ~t~ SANTA C~P~ COUNTY ~ ~ My Commission Expires ~[ ~___~'"~.______ July 21, 2001 On February 4, 1999, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Alan K. Yuen and Meekie Y. Cheung, proved to me On the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WIT~E~S my hand and official seal. Signature of Notary - - OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT DINDIVIDUAL r'ICORPORATE OFFICER DPARTNERS r-ILIMITED FtGENERAL r~TRUSTEE(S) r-IG UARDIAN/CONSERVATOR BOTHER Quitclaim Deed TITLE OR TYPE OF DOCUMENT ATTORNEY-IN-FACT Four NUMBER OF PAGES February 4, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Selves None SIGNER(S) OTHER THAN NAMED ABOVE