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CC Resolution No. 00-082RESOLUTION NO. 00-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM NAN YIN KU, 10112 CAMINO VISTA DRIVE, APN 342-14-065 WHEREAS, Nan Yin Ku has have 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 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 64 day of March, 2000, by the following vote: Vote Members of the City Council AYE S: NOES: None ABSENT: None ABSTAIN: None Burnett, Chang, James, Lowenthal, Statton ATTEST: City Clerk QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-065 10112 Camino Vista Drive Nan Yin Ku, hereinafter referred to as the "GRANTOR', this 18 day of FEBRUARY, 2000, 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. 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. Nan Yin Ku (Acknowledgment and Notarial Seal Attached) EXHIBIT 'A' DESCRIPTION OF LAND FO~ ~UITCLAIM nk~n FOR UNDERGROUND WATER RIGHTS All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 28 in Block 3 of Tract No. 1093, filed for record on May 4, 1954 in Book 42 of Maps at page 37, in the Office of the Recorder of said County and State. Refer to EXHIBIT "B", Plat, which is hereby made a part of this description. Date: February 14, 2000 Site Address: 10112 Camino Vista Drive 5 T EVE. lq5 CREEK ,D LVP, PLAT OF ~)UITCLA. iM DE ED U I~DER. G'ROU Iq.P W'ATEP.. SCALE-. l^~-4o' I:E~. 14, '2.000 $1-J'F_ ADDD..~-SS: 101l'2. CAI,4INO VISTA D~. CUP E~TINO, CA. STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA a Nora Publi~ · ry i and for said State, personally appeared n L% ~ 6g. L~- ,~ ~J.6t/P%,~ , persona~l~own to me (or proved to me on the basks 0f~atisfactory evidence) to be the person(s) whose name(s) is/a-me subscribed to the within instrument and acknowledged to me that --he/she/th~executed the same in~d~s/her/tq~r authorized capacity(les), and that bY k~i-s/her/th¢ir-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. Signed LETTERI-8/17/93*JPS