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CC Resolution No. 9486RESOLUTION NO. 9486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM JIMMY G. LO AND DAISY K. LOH, APN 357-11-012,10175 BYRNE AVENUE WHEREAS, Jimmy G. Lo and Daisy K. Loh 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 in the attached Exhibit "A" and Exhibit "B, 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 12th day of August, 1940, in Book 5 of Maps at Pages 4 and 5, Lot 21. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and BE IT 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 6th day of November, 1995, by the following vote: Y= Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None APPR VED: ,1 affAffA q&%X-Cat�- Mayor, City o upertino ATTEST: City Clerk QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -11 -012 10175 Byme Avenue Jimmy G. Lo and Daisy K. Loh, hereinafter referred to as the "GRANTOR ", this day of &cr. /G . 19.9 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 Lot 21 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 12th day of August. 1940 in Book 5 of Maws at Pages 4 &5. 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. Page 1 of 2 This assignment, conveyance and authorization is made for the benefit of Let 21 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. • I�l0� . Jimmy G. IA a 6 (AclmoMedgement and Notarial Seal Attached) Page 2 of 2 STATE OF CALIFORNIA COUNTY OF fA47'4 C L /- R4 1 SS. OnaCr0RCil 16, /QQS before me % yA0 — L /A/ KyE/ personally appeared _71N4 C7 LO 418 DAI.Er 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 instrumenr and acknowledged to me that he /shdthey executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the in- strument the persons) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature T"0 -Lln Kuei V Comm. 11027024 OTARY PUBLIC CALIFO BANTA CLARA COUNTY A Mn. Erma" May t& 19" (this ams fa official natsnal stall ST•15516,921