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CC Resolution No. 9383RESOLUTION NO. 9383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM KYU HYUN CHOI AND GEU BAE CHOI, APN 357 -02 -012; 10387 SCENIC BOULEVARD WHEREAS, Kyu Hyun Choi and Geu Bae Choi 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 that certain map filed in the office of the County Recorder of the County of Santa Clara on the 9th day of February, 1954, in Book 48 of Maps at pages 8 and 9, Lot 3. 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 be and she is hereby authorized to record said "Qt; itcWm Deed and Authorization' and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of July ,1995, by the following vote: Y= Members of the Ci1K Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None APP OVED: � jA'mA. Mayor, City of C&Wino • • QUrrCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -02 -012 10387 Scenic Boulevard Kvu Hvun Choi and Geu Bae Choi hereinafter referred to as the "GRANTOR this day of !/3v 19` hereby grant, bargain, assign, convey, ranise, 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 Lot 3 of that certain subdivision of real property situate in the Country of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 9th day of February , 1954 in Book 48 of Maw at Paces S di 9 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 lou 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. Page 1 of 2 0 0 This assignment, conveyance and authorization is made for the benefit of 1&U 3 within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: (Acknowledgement and Notarial Seal Attached) Page 2 of 2 r 1r. sae Choi 0 0 State of California S3.��," ow�o County of -5aVll-a Na.✓6n, On jJUjp3() /CR5 foreme !ek- Notary Public, personally appeared e (or proved o me on t e basis of satisfactory evidence) to be the �rs.ot (s) whose name(!) is/ re �bd to the within instrument and acknowled to me that he/she/ ecuted the same in hit' er tthorized capacity(ies), and that by his/her their ignature(s) on t trument the person(s), or the upon behalf of which the person(s) acted, exe uted the instrument. Wy hand and official seal. _ oFFIC1ALt�TARrsEA� Y (4 curu couNrY ny conrn. EapYw NOV n Loos FD -1 (Revised 1/93)