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CC Resolution No. 94340 0 RESOLUTION NO. 9434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM PASUR S. SENGOTTAIVAN AND NORMA L. SENGOTTAIVAN , APN 357-02-058,10250 PALO VISTA ROAD WHEREAS, Pasur S. Sengottaivan and Norma L. Sengottaivan 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 49. 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 "Quitclaim Deed and Authorization' and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of September , 1995, by the following vote: Y= Members of the City Council AYES: Bautista, Burnett, Koppel, Dean NOES: None ABSENT: Sorensen ABSTAIN: None APD: Mayor, City of upertino ATTEST: City Clerk 0 0 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -02 -058 10250 Palo Vista Road Pasur S. Sengottaivan and Norma L. Seneottaivan hereinafter referred to as the "GRANTOR", this & 9 17� day of '701- Y , 19�Mereby 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 Lot 49 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 Mans at Pages 8 & 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 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. Pap 1 of 2 This assignment, conveyance and authorization is made for the benefit of Lot 49 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: Page 2 of 2