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CC Resolution No. 00-102- RESOLUTION NO. 00-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JAMES JYH-GANG YEH AND DORIS TAU-WEN YEH, 10354 IMPERIAL AVENUE, APN 357-19-049 WHEREAS, James Jyh-Gang Yeh and Doffs Tau-Wen Yeh 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 yd day of April, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: Statton ABSTAiN: None ATTEST: /~i[y Clerk~/9~---~ !- /-- - Vice-Mayor, City o[/~l(ertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-19-049 10354 Imperial Avenue James Jyh"Yeh and Doris Tau-Wen Yeh, hereinafter referred to as the "GRANTOR', this 2.5 day of ~2~ ~) ~__, 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. (Acknowledgment and Notarial Seal Attached) OWNERS: Doris Tau-Wen Yeh -- EXHIBIT "A" DESCRIPTION OF LANDS 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 Parcel One of Record of Survey filed in Book 111 of Maps at Page 39, Santa Clara County Records, more particularly described as follows: Beginning at the northwesterly corner of said Parcel on the Easterly right of way line of Imperial Avenue, 60 feet wide; thence along the Northerly line of said Parcel, S89°57'30"E 135.00 feet to the Northeasterly corner thereof; thence along the Easterly line thereof and parallel with the centerline of Imperial Avenue, South 79.00 feet to the Southeasterly corner thereof; thence along the southerly line thereof N89°57'30"W 135.00 feet to the Southwesterly corner thereof; thence along the Easterly line of Imperial Avenue North 79.00 feet to the point of beginning. Date: August 4, 1999 APN: 357-19-049 Address: 10354 Imperial Avenue, Cupertino OL~XJE A~/E. % PARceL OLAF.. ~J 8~°b-U' 3o"w' I~L A 7' <95: OUIT~£AI/'4 DEED FOR UNDER JR OU/~D ~I~HT5 7~0 C/TY ~)F::CUPER'TINO State of California County of Santa Clara On FebI~,~ry 23, 2000 before m~, the undereigned, a Notary Public in and for said State, persc~ally appeared J~nes Jyh-Gan~3 Yeh and doris Tau-Won Yeh, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose na~e(s) is/are subscribed to the within instl/arent and acknowledged to m~ that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument th~ person(s), or the entity upc~ behalf of which the person(s) acted, executed the instr~m~nt. WITNESS my har~ and official~B1. Name: ~rer/Cornett (typed or printed) COMM. #1209538 SANTA CLARA COUNTY My Comm. Ex~t~es FeO. 21,2003~ (Seal)