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CC Resolution No. 00-011- RESOLUTION NO. 00-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM CHUNG-SONG CHEN AND JIAN-PYNG CHEN, 21880 ALCAZAR AVENUE, APN 357-14-035 WHEREAS, Chung-Song Chen and Jian-Pyng Chen have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all (his) 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 3~a day of January, 2000, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: Burnett, Chang, James, Lowenthal, Station None None None ATTEST: City Clerk JMayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS 21880 Alcazar Avenue APN 357-14~035 Chung-Song Chen and Jian-Pyng Chen, hereinafter referred to as the "GRA. NTOR', this day of /k.J~ ~/. 1999__, 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. CA'LIFOHNIA ALL-PURPOSE ACKNOWLEDGMENT .o 5907 Stale of California County of Santa Clara November 19, 1999 before me, Wai Ling Chu oersonally aopeared Chung-Song Chert and 'Jian-Pyng Chert persoaally known to me - OR - I~} proved lo me on the basis of satis~acto~ evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that~ by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ' " '" OPTIONAL Thougl~ the dala below ~s not required by law, II may prove valuable 1o persons relying on the document and could prevenl Iraudulenl reallachmenl of thi~ form. CAPACITY CLAIMED BY SIGNER (] INDIVIDUAL [] CORPORATE OmCER DESCRIPTION OF A"ITACRED DOCUMENT L~ PARTNER(S) [] ATTORNEY-IN-FACT TITLE(S) [] LIMITED [] GENERAL [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCOMENT SIGNER IS REPRESENTING: SIGNER(S) OTitER THAN NAMED ASOVE 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: (Acknowledgment and Notarial Seal Attached) ChungZSofl4~ Chen Jian-Pyng Chen EXHIBIT "A" DESCRIPTION OF LAND FOR QUITCLAIM FOR UNDERGROUND WATER RIGHTS DEED Ail that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, bein§ a portion of Lot 135 of "MAP OF SUBDIVISION 'A' MONTA VISTA" which map was filed in Book "P" of Maps at page 20, Santa Clara County Records, more particularly described as follows: Beginning at the intersection of the Easterly line of said Lot with the Southerly line of Alcazar Avenue, 40 feet wide as shown upon the above referred to Map; thence along the Easterly line of said Lot, South 90.82 feet to the Southeasterly corner thereof; thence along the Southerly line of said Lot, West 100.15 feet to the Southwesterly corner of said Lot: thence along the Westerly line thereof, North 90.82 feet to the above referred to Southerly line of Alcazar Avenue; thence along said Southerly line, East 100.15 feet to the point of beginning. Date: August 23, 1999 APN: 357-14-035 Address: 21880 Alcazar Avenue N LcA z Ec~$f lo0.1~ L(~T l-b~ "p" lvtAP5 2.0 ',,x/e~f- 100. I~ E X I-.II, I T PLAT 0F©L)ITC_L~,It',,'I DEED U~DERGROUKID Vv'A~'E~ P--.IGH-T5 'TO -THE Ct-Th" OF CA LIFOFLNIA D/:k~'~_: AUG. 2d5~ IC~9 Apkt'. ~57- [4,- o~5' ADD P.E ~: 5TALE: I'f= ?1,880 ALCAEAP.. AVE:.