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CC Resolution No. 00-024- RESOLUTION NO. 00-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM EUNHEE KlM; 10363 SAN FERNANDO AVENUE, APN 357-12-003 WHEREAS, Eunhee Kim has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all his 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 that certain map filed in the Office of County Recorder of the County of Santa Clara on the 6th day of April, 1962, in Book 7of Maps at Page 31, Lot 58 and Northerly 20 feet from the rear measurements of Lot 57, Tract No. 211. 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 18t~ day of January, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: None ABSTAIN: None Bumett, Chang, James, Loweuthal, Statton None ATTEST: Ci~~ ~of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-12-003 10363 San Fernando Avenue EUNHEE KIM, hereinafter referred to as the "GRANTOR", this ~ day of '~a. ~, ., ),9 , 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 Lot 58 & Northerly 20 Feet from the rear measurements of Lot 57~ Tract No. 211, 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 6th day of April, 1962 in Books 7 of Maps at Pages 31, 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. Page I of 2 This assignment, conveyance and authorization is made for the benefit of Lot 58 & Northerly 20 Feet from the rear measurements of Lot 57, Tract No. 211, within the above described subdivision and shall bind the owner of said lots within said subdivision. 1N WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: (Acknowledgement and Notarial Seal Attached) Page 2 of 2 _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 5, 2000, before, me, Yvonne L. Kelley, Notary Public, personally appeared Eunhee Kim, proved to me on the basis of satisfactory evidence, to be thc ~erso l(s) whose ~s) is/are subscribed to the within instrument and acknowledgedto me that they executed tbe same in his/h_~er/their authorized capacity(s) and that by bis/her__/their'" signatu~(s) on thc instrument the. pearson(s), or the entity upon behalf of which the person(s) acted, executed thc instrument. WITNESS my hand and official seal. Siggnature of Notary NOTARY PURLIC - CALIFORNIA COMMISSION # 1161077 SANTA CLARA COUNTY My Comm. Exp. Nov. 8. 2001 OPTIONAL Tbough the data below is not required by law, it may prove valuable to person(s) relying on Iht document and could prevent fraudulent re-attachment of this tbrm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACtl ED I)OCU M ENT [] Individual [] Corporate Officer Quitclaim Deed TITLE OR TYPE OF DOCUMENT [] PARTNERS [] LIMITED [] GENERAL ATTORNEY IN FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER 2 NUMBER OF PAGES January 5, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: Eunhee Klm