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CC Resolution No. 9489i • RESOLUTION NO. 9489 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM WEI -LUH CHU AND TSAI LAN CHU, APN 357-15-097,21801 SAN FERNANDO AVENUE WHEREAS, Wei -Luh Chu and Tsai Lan Chu 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. 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: 06M AYES: Bautista, Burnett, Koppel, Sorensen; Dean NOES: None ABSENT: None ABSTAIN: None APPIjAVED: Mayor, City ottupertino ATTEST:. City Clerk 0 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 - 15-097 21801 San Fernando Avenue Wei -Luh Chu and Tsai Lan Chu. hereinafter referred to as the "GRANTOR', this day of Lo�1991-f—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 that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" & "B" 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. 0 E 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. OWNER: Wei- sat Lan Chu (Acknowledgment and Notarial Seal Attached) STATE OF CALIFORNIA) ACKNOVAMGNOM County of San Francisco ) On /o - ? before me, AJat n 4'( .� 1% A Notary Public. ply Wear8d 14af f rb LV0 i - • A f, ° u personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscnbed to the within instruniM and admowledgOd to me that hel she /they executed the same in his/huhheir authmized eapacity(ies), and that by hWher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) awed, executed the instrument. WITNESS my hand and official seal Notary public in and for said County and state NANCYJEN W COMM.11042079 tkt�ry Pu0bCs6ortda Ors► it�le The land referred to in this policy is situated in the County of Santa Clara State of California, and is described as follows: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF ORANGE AVENUE WITH THE CENTER LINE OF SAN FERNANDO AVENUEr SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED IN THE DEED FROM MAURICIO RUIZ, ET AL, TO CALIFORNIA ASSOCIATION OF SPANISH CHURCHES DATED OCTOBER 26,.1967 AND RECORDED NOVEMBER 29, 1967 IN BOOR 7945 OF OFFICIAL RECORDS, PAGE 15, SANTA CLARA COUNTY RECORDS; RUNNING THENCE ALONG THE WESTERLY LINE OF SAID ORANGE AVENUE, NORTHERLY 98.42 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID ORANGE AVENUE AND RUNNING PARALLEL WITH THE CENTER LINE OF SAID SAN FERNANDO AVENUE, WESTERLY 100.15 FEET TO A POINT IN THE WESTERLY LINE OF SAID' PARCEL OF LAND CONVEYED TO CALIFORNIA ASSOCIATES OF SPANISH CHURCHES ABOVE REFERRED TO; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTHERLY 98.42 FEET TO A POINT IN THE CENTER LINE OF SAN FERNANDO AVENUE; THENCE ALONG SAID CENTERLINE EASTERLY 100.15 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF SECTION 113, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION "A" MONTA VISTA ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 11, 1917 IN BOOR P OF MAPS, AT PAGE 20. LEGEND CERWK LINE of STREET -- f R MIZTY LINE U NOT TO SIAL E fim vo AVE CIO 20 00 EAST 1_00.15 25538 'O Clvt%. 95.15 5.00 �. N ry 't wi QPN 357- 15-Og7 � � � w O R-2o.op u1 SCALE (� =30 ' Q•90 00'00 EA&T 75.15 L=3142 - jFAsT too-15 g6 STREET PmeAnON, TOp - 454 5RF% ci D.o 2 Z Pt�ES 6AN FE RWI c0 AVENUE LEGEND CERWK LINE of STREET -- f R MIZTY LINE EXHIBIT B PRDmap :mw DEP14ATiON Ta -ME eh"f of CUPERTIND GATE: 5EP1 HMt 45 SCALE ' 1 * =30' Jay. .J e- iEY' ,jIMESCLHE� CE,S�. Yo. MY 20302 -414 -"El 44 115 U NOT TO SIAL E fim vo AVE CIO AVAUX, EXHIBIT B PRDmap :mw DEP14ATiON Ta -ME eh"f of CUPERTIND GATE: 5EP1 HMt 45 SCALE ' 1 * =30' Jay. .J e- iEY' ,jIMESCLHE� CE,S�. Yo. MY 20302 -414 -"El 44 115 VICINITY MAP NOT TO SIAL E CIO QROFESSI N� 25538 'O Clvt%. O,F . I VA � EXHIBIT B PRDmap :mw DEP14ATiON Ta -ME eh"f of CUPERTIND GATE: 5EP1 HMt 45 SCALE ' 1 * =30' Jay. .J e- iEY' ,jIMESCLHE� CE,S�. Yo. MY 20302 -414 -"El 44 115 ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COl INTY OF On '»i 'q.1 hcfnrc me. —AM h G f i) &V% , of q ON s, 6 (�+f� DAII NAMU. rrlj .i-t11 -( III -WI:R- I..G.'IANFIMR:.NOTARY I'I //01.1% - Ix rsonally appeared. ( [/%A f\ e, la personally kno%%u w me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /arc subscnIx•d lu the within instrument and acknowledged to ITIe that he /she/they executed the sane in his/her /their authorimd capaclt) (ics), and that by his/her /their signaturew on the instrument the per%on(s). or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. AL) NOTARY PUBLIC SIGNA U OPTIONAL INFORMATION LowNANf.`Y JEN COML1.1104207J Natary PubBc•CafiloMa SAN FFUNCISCO y Comm. Exp. NOV. 0, 1898 TITLE OR TYPE OF DOCUMENT DATE. OI' DOCUMENT NUMBER OF PAGES SIGNER(S) OTIIER TIIAN NAMED ABOVE