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CC Resolution No. 00-178- RESOLUTION NO. 00-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JOHAN A. DARMAWAN AND SUSANA T. DARMAWAN; 22650 ALCALDE ROAD, APN 342-16-042 WHEREAS, Johan A. Darmawan and Susana T. Darmawan 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 19~ day of June, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Burnett, Chang, James, Lowenthal, Statton None None None ATTEST: PRCi D: Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-16-042 22650 Alcalde Road Johan A. Darmawan and Susana T. Darmawan, hereinafter referred to as the "GRANTOR', this ~o(~ay of ~ 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 fi.om 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 emitled 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) Johan A. Darmawan Susana T. Darmawan Comm, # 115!370 NOTARY PUBLIC CALIFORNIA EXHIBIT A (Dedicetion of Underground Water Rights) All of that certain property in the City of Cupertino described as follows: All of Sections 95 and 96 as shown on that certain map entitled "Map of the Inspiration Heights Monta Vista", as recorded in Volume P of Maps, page 13, Santa Clara County Records SANTA LUCIA ROAD NOO'OO'OO'E ca [, NOO'OO'OO"E 79.42' N00'03'13"W EXHIBIT B Marie E. Bresani, Notary Public, 20380 Town Center Lane, Suite 110, Cupertino, CA 95014, (408) 996-2202 FAX 408) 996-2770 Notary Acknowledgment State of California County of Santa Clara On May 26th., 2000 before me, Marie E. Bresani, a Notary Public, personally appeared Johan Agus Darmawan and Susana Tedja Darmawan personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instmmant and acknowledged to me 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 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Notary Public for the State of California My commission expires August 15, 2001 [~ n C0mm.#1151370 [~j OTARY PUBLIC - CAUFORNiA x,"~'r~m~/ Sa~a Clara County (Seal)