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CC Resolution No. 03-170RESOLUTION NO. 03-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM ROGER LOW AND J1NG-LING LOW, HUSBAND AND WIFE, AS JOINT TENANTS TO AN UNDIVIDED 1/3 INTEREST, AND SHERMAN TUAN AND YUN ZHENG, HUSBAND AND WIFE, AS JOINT TENANTS TO AN UNDIVIDED 1/3 INTEREST, AND SHENG HWA HO AND WEI-TAI-FEN HO, HUSBAND AND WIFE, AS JOINT TENANTS TO AN UNDiVIDED 1/3 INTEREST, AS TENANTS 1N COMMON, 22291 JANICE AVENUE, APN 357-01-017, -018 WHEREAS, Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as Joint Tenants to an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as Joint Tenants to an undivided 1/3 interest, as tenants in common, 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 15th day of September 2003, by the following vote: Vote Members of the City Council AYES: NOES: None ABSENT: None ABSTAIN: None ATTEST: Chang, James, Kwok, Sandoval, Lowenthal ~layor, City of Cupertino GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 357-01-017 & 357-01-018 22291 Janice Avenue Roger Low and Jing-l,in? Low~ husband and wife~ as ioint tenants as to an undivided 1/3 interesh and Sherman Tuan and Yun Zheng~ husband and wife~ as ioint tenants as to an undivided 1/3 interest~ and Sheng Hwa Ho and Wei Tai-Fen Hot husband and wife, as ioint tenants as to an undivided 1/3 interest~ as tenants in common~ grant to the CITY OF CUPERTINO for public roadway purposes, together with the fight to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this,~day of '~/~77 ' 2003. Sheng Hwa Ho / Wei Ta~-Fen Ho f Jing~n~ Lo~,~ Sherman Tuan (Notary acknowledgment to be attached) EXHIBIT "A" DESCRIPTION OF A PORTION JANICE AVENUE OF Ail that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being the southerly 10 feet of Lot 66 and the southerly 10 feet of the westerly 80 feet of Lot 67 as shown upon "Map of Inspiration Point, Monta Vista", which map was filed on April 17, 1917 in Book (Volume) "P" of Maps at page 18, Santa Clara County Records, being more particularly described as follows: Beginning at the southwesterly corner of said Lot 66 on the northerly line of Janice Avenue; Thence along said northerly line N89°51'47"E 180.12 feet to the easterly line of said westerly 80 of Lot 67; Thence along said easterly line, N0°16'17"E 10.00 feet; Thence along a line parallel with the centerline of Janice Avenue and distant therefrom 30.00 feet, right angle measure, S89°51'47"W 180.12 feet to the westerly line of said Lot 66~ Thence along said last-named line S 0°16'40"W 10.00 feet to the point of beginning. Containing 0.0413 of an acre, more or less. Refer to Exhibit "B", PLAT, which is hereby made a part of this description. Date: April 23, 2003 APN: 357-01-17 & -18 City File No: 52355 Address: 22,291Janice Ave. Cupertino STATE OF California COUNTY OF Santa Clara On July 17~ 2003 before me, Joan Lamborn, Notary Public (Name, Title of Officer) personally appeared Yun Zhen,q and Sherman Tuan and Danny Lee 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 instrument 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. WITN~ (Sig~ic) _ ~z" ' L~ Commission # 1383505 z Notary Pubhc - Cahfornia z J Santa Clara County r 1 -~ MyComm. ExpiresNovl3,2(~06~ (This area for notarial seal) ~At,,tt F,:,... E N $D°51' 47" E / ~O./4) F~T~4 5-T x / x-~_/ /I / / / I T /)ED/cA U 71L I TIE 5 CiTY OF PuRPo 5£5 ,'1_ u? £ f~ T/gO, ,,4p~.l : ,_3..57-0/- /'7' ,~. -/ b c/~'f' ~I,'E, 52,3-55' THE ,5(.,4L_¢: /'L-cCd' ,400~-E55: 22,.2:D/ ,.iAi, i/CE ,4 u'E STATE OF California COUNTY OF Santa Clara On July 25, 2003 before me, L. Fredericks (Name, Title of Officer) personally appeared Roger Low and JinR-Linq Low 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 instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. (This area for notarial seal)