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CC Resolution No. 03-171 RESOLUTION NO. 03-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING ROGER LOW AND GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM 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 I/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, 22291 JANICE AVENUE, APNS 357-01-017, -018 WHEREAS, Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an undivided I/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 Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a pan hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 22291 Janice Avenue, APNs 357-01-017, 018 NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. Cupertino this 15th day of September 2003, PASSED AND ADOPTED at a regular meeting of the City Council of the City of by the following vote: Vot~e AYES: NOES: ABSENT: ABSTAiN: Members of the City Council Chang, James, Kwok, Sandoval, Lowenthal None None None ATTEST: //~PROVED: ~ ~ Mayor, ~rti~o (~ QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-01,017 & 357-01-018 22291 Janice Avenue Ro er Low and Jin -L'm Low husband and wife as Joint Tenants to an undivided 1/3 interes and Sherman Tuan and Yurt Zhen husband and wife as Joint Tenants to an undivided 1/3 interes and Shen Hwa Ho and Wei-Tai-Fen Ho husband and wife~ as Joint Tenants to an undivided 1/3 interest, as tenants in commo,,, hereinafter referred to as the "GRANTOR", this 25th day of. July _, 2003, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the rights, titles, interests, estates, claims and demands, 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 EXHIBITS "A" AND "B" to pump, take or otherwise extract water from the underground bas/n 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. OWNERS: Yun Zheng · Sl~eng H,wa Ho /r Wei Tai-Fen Ho~ Jing-f~ing Low'Fi Sherman Tuan (Acknowledgment and Notarial Seal Attached) EXHIBIT "A" DESCRIPTION OF LAND FOR QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS TO THE CITY OF CUPERTINO, CALIFORNIA Ail that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lots 58 and 66 and the westerly 80 feet of Lots 57 and 67 of "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. Refer to Exhibit "B", PLAT, which is made a part of this description. Date: April 23, 2003 APN: 357-01-17 & -18 City file No. 52,355 Address: 22,291Janice Ave., Cupertino 0 ~ "3"A HIc E .se) P{-r~ 57 ~,, ,z::: l,,= 4ld) , ~ 2 , 2.eL ,./,,s x / / m__.E 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 capacitylies), 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 nstrument (This area for notarial seal) STATE OF California COUNTY OF. Santa Clara On July 25, 2003 before me, L. Fredericks (Name, Title of Officer) personally appeared.. RoRer Low and Jinq-Lin,q 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(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. WITNES my hand and. official seal. (Signature of Notary Public) (This area for notarial seal)