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CC Resolution No. 00-023- RESOLUTION NO. 00-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JYH HORNG YINN AND CHIUNG CHU YIN WEI; 10120 CAMINO VISTA DRIVE, APN 342-14-064 WHEREAS, Jyh Homg Yirm and Chiung Chu Yin Wei 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 18~ day of January, 2000, by the following vote: Vote Members of the City Council AYES: NOES: None ABSENT: None ABSTAIN: None Burnett, Chang, James, Lowenthal, Statton ATTEST: City Clerk ,,,,~Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-064 10120 Camino Vista Drive Jyh Horng Yinl~ and Chiung Chu Yin Wei, hereinafter referred to as the "GRANTOR', O this/ aay of ~.,-~'f-" 1999_, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a mmficipal 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. 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. (Acknowledgment and Notarial Seal Attached) Chiung/(Chu Yin '~i "EXHIBIT A" QUITCLAIM DEED UNDERGROUND WATER RIGHTS TO THE CITY OF CUPERTINO NOVEMBER, 1999 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows; All of Lots 27, in Block 3, as shown upon that certain Map entitled, "Tract No. 1903 Carolyn Gardens Unit No. Y', which Map was filed for Record in the Office of the Recorder of the Cotmty of Santa Clara, State of California, on May 4, 1953 in Book 42 of Maps, at Page 37, and more particularly described as follows: Beginning at the point of the northwest comer of said Lot 27, thence running N 89 deg. 50' 00" E 129.91 feet: Thence running S 00 deg. 10' 00" E 68.00 feet; Thence running S 89 deg. 50' 00" W 141.00 feet; Thence running N 00 deg. 10' 00" W 3.81 feet; Thence running on a curve to the right, with a radius of 120 feet, through a central angle of 16 deg. 28' 13 ", for a distance of 34.50 feet; Thence running on a reversed curve to the left, with a radius of 180 feet, through a central angle of 9 deg. 48' 32 ", for a distance of 30.81 feet to the Point of Beginning. Containing: A.P.N.: 9280 square feet, more or less. 0.21 acres, more or less 342-14-064 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA cov~r¥oF On ,]TZ"//z--~'["~/ beforeme,' [,--~','qcl /--7-~1 ~49ck Id~J'b,.A , DATE N~,ME, TI~E OF OF I~R - E.G., ",JANE DOE, NOTARY PUBLIC" personally appeared, ~_~l~ ~o~' "[~.~ '~ CI~ L'~ Y~'~J' personally known to me (or proved to me on the basis of satisfactory e~4dence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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. NOTAR?'PUBLlC SIGNATURE OPTIONAL INFORMATION DATE OF DOCUMENT ] ~_'--/ / --q~ S,ON~R(s) oT.~.. T. AN NAMED ^,ORE NUMBER OF PAGES