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CC Resolution No. 00-047- RESOLUTION NO. 00-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM CHI-YEN LIN AND MENG-YIN LEE LIN, 21925 ALMADEN AVENUE, APN 357-15-022 WHEREAS, Chi-Yen Lin and Meng-Yin Lee Lin have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their fights 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 7t~ day of February, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Burnett, Chang, James, Lowenthal, Statton None None None ATTEST: City~ Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-15-022 21925 Almaden Avenue Chi-Yen Lin and Meng-Yin Lee Lin, hereinafter referred to as the "GRANTOR', this ! c~ day of · "JT~t~x 1 ~__, 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 GRANTOR as owner of that certain reai property situate in the County of Santa Clara, State of Caiifomia, and specificaily 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. 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) OWNERS: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ County of .~'¢ ~. ~. ,/'~/~z.~_~.. / ss. personally appeared [] personally known to me .,.~'proved to me on the basis of satisfactory evidence ~J /.,.//~"~:,~-2'~ Commission f~ ]181424. ~ (h~i ~,~ Nofa~ Public - Ca fom~ ~ k~:~ Santa Clara Coun~ to be the person(s) whose name(s) is/a,r,e.-- subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his/~ authorized capacity(les), and that by his/hefRh.a~ 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. Signsture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Oocument Document Date: )- /4 - '~.(_~C)O Number of Pages: 2- Signer(s) Other Than Named Above: ,~t'le.3~ "- 7;"' ~'e'~ C.', k Capacity(les) Claimed by Signer Signer's Name: (' h; - '"'/'~ ,". /-"" t~ Individual [] Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb her( 1997 National Notary Association. 9350 De Soto Ave., P.O, Box 2400 · Chalsworlh, CA 91313-2402 Prod, No. 5907 Reorder: Call Toll-Frae 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California. '~ County of :,~ ~. ~'/__~,~_ .~ ss. personally appeared ~',.~?~' '~,% ~ ff_~fl~ [] personally known to me .'~"proved to me on the basis of satisfactory evidence Commission# 11814-24 to be the person(s) whose name(s) is/au'e- subscribed to the within instrument and acknowledged to me that.he/she/fl'fey executed the same in his/her/the~ authorized capacity(les), and that by h~/her/t,".cqr- 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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ,.. Title or Type of Document: 0 .,;t. ~/~.~'~'t {~. ~,. ~[. ~."/'~ a,4~'~..~.. J~: ~. J~O~- OocumentDate: /~ /"'~-)...OO,,_~ Number of Pages: 2 ~ ~ Signer(s) OtherThan Named Above: ~ ~ ' ~ff~ ~"~ Capacity(les) Claimed by Signer Signer's Name: ~/e' ,~,~ ~ "/~' ~1 ,~ Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee E3 Guardian or Conservator E] Other: Signer Is Representing: Top of Ihumb here 1997 National Notary Association · 9350 De Soto Ave., P.O. Sox 2402 · Chatswoffh, CA 91313-2402 Prod. NO, 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" DESCRIPTION OF LAND FOR QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS Ail that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, beinG a portion of Section 89 of "MAP OF SUBDIVISION 'A' MONTA VISTA", filed on April 11, 1917 in Book P of Maps at page 20, Santa Clara County Records, more particularly described as follows: BgGinninG at a point in the centerline of Almaden Avenue 40 feet wide, that is intersected by a line dividinG Sections 88 and 89 of the subdivision hereinabove referred to; thence alonG the centerline of Almaden Avenue, East 50.00 feet; thence parallel with the West line of said Section 89, North 218.42 feet to the North line of Section 89; thence alonG said line, West 50.00 feet; thence South 218.42 feet to the point of beginninG. APN: 317-15-022 Address: 21925 Almaden Road, Cupertino, CA 50.00 A L l',,d AiP E ~ 1"=..60' AVE. £XH,~ ,~ /'7' PLAT OF QUITCLAI NJ DEED TO THE CtT~ OF CUPERT/~O, CA. Apkl: 357- 15-O?_Z /3, DDP-.E.55:2192.5 .ALMADEN RD., CUpER. TIklO