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CC Resolution No. 9790RESOLUTION NO. 9790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM LILY CHANG, INC., A CALIFORNIA CORPORATION AND W.B.F. ENTERPRISES, LIMITED PARTNERSHIP; APN 326-25-018, 10036 PENINSULA BOULEVARD WHEREAS, Lily Chang, Inc., a California Corporation and W.B.F. Enterprises, Limited Partnership 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 the attached Exhibits "A" and "B". 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 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 February, 1997, by the following vote: Members _of the City Council AYES: Burnett, NOES: None ABSENT: Sorensen ABSTAIN: None Chang, Dean, Bautista ATTEST: City Clerk APPROVED: ~of C~tp~rtino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326-25-018 10036 Peninsula Blvd. Lily Chang. Inc. a California Corporation and W.B.F. Enterprises, Limited Partnership, a California limited partnership hereinafter referred to as the "GRANTOR', this __k2?day of~..~ 199~, hereby grant, bargain, assign, convey, remise, release and forever quitclai~n 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. 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: Lily Chang, Inc., a Califronia Corporation W.B.F. Limited Partnership, a California Limited Partnership By: ~, (Acknowledgment and Notarial Seal Attached) r ~ CALIFORNIA ALL'PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On January 13, 1997, before, me, Roberta ~ ~ ROBERTA ANN WOLFE ~ Comm. No. 996834 ~ ~~ NOTARY PUBLIC CALIFORNIA ~ g,~ - ~: SANTA CLARA COUNTY ~ Ann Wolfe, Notary Public, personally appeared Lily Chang, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WlT/N~SS my hand and official seal. , ~oic~n'atfi~:e of Notary ~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1~LCINDIVIDUAL O~PORATE OFFICER / TITLE I-IPARTNERS I-ILIMITED I-IGENERAL I-ITRUSTEE(S) I-IGUARDIAN/CONSERVATOR I-IOTHER Quitclaim Deed and Authorization for Underground Water Rights TITLE OR TYPE OF DOCUMENT ATTORNEY-IN-FACT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: .ily Chang, Inc. I January 13. 1997 DATE OF DOCUMENT WBF Limited Partnerhsi_D SIGNER(S) OTHER THAN NAMED ABOVE County of~ On A personally appeared NAIaEISl OF SlGNER{$1 r"'] personally known to me - OR -"~roved to me on the basis of satislactory evidence -- to be the person(s) whose name(s)is/are subscribed to the within instrument and ac- knowledged to me that he/she/Ihey executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument Ihe person(s), or the entit.y upon behal! o! which the person(s) acted, executed the instrument. WITNESS m.y hand and orris, iai seal. S~..,~T~E OF NOT/~IY Though the dala below Is nol required by law, il may prove valuable Io persons relying on the documenl and could prevenl fraudulent reallachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER r-1 P~mER(S) E] uMrrED r"l GENERAL O ATTOFffqEY-IN-FAGq' D TRUSTEE(S) D GUARDIAN/CONSERVATOR D SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT S) OTHER TH/~IN NAMED ABOVE 01~93 NATIONAL NOTAnY ASSOCIATION · 0236 rlon~nel Ave., P.O. Box 7184 · ConoOa Palk, CA BI30~.?184 APN 326-25-018 EXHIBIT A QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS --PARCEL Ail that certain real property situated in the City of Cupertino, county of Santa Clara, State of California, being all of Lot 10 and a portion of Lot 11, Block 3, as shown upon that certain Map enti- tled "MAP OF MONTA VISTA FIRST ADDITION", which map was filed for record in the Office of the Recorder of said County and State on April 11, 1917 in Book P of Maps at Page 23~ AND a portion of Peninsula Avenue (formerly Boulevard;, more particularly described as follows: Beginning at a point of cusp on the northeasterly line of said Peninsula Avenue at the southerly corner common to Lots 9 and 10, Block 3 of said Map~ thence along the dividing line between said Lots, N38'41'02"E 100.00 feet to the northerly corner common to said LOts: thence along a non-tangent curve to the left having a radius of 487 feet, along the northeasterly line of Lots 10 and 11. Block 3 (a radial line of said curve through said point bearing N39°09'49"E) through a central angle of 3'44'19" an arc length of 31.78 feet (a radial line of said curve through said point bearing N35'25'30"E); thence leaving said line non-tangentially and parallel with the dividing line between Lots 12 and 13, Block 3 of said Map, s30'42'30"W 106.30 feet to a point on the northeasterly line of Peninsula Avenue; thence along a non-tangent curve to the left having a radius of 248 feet (a radial line of said curve through said point bearing S49'37'01"W) through a central angle of 10'48'43" an arc length of 46.80 feet to the point of beginning (a radial line of said curve through said point bearing S38'48'18"W). Containing 3963 square feet, more or less. Date: December 10, 1996 ', e ~. ,, ..-~=~7 u, ti, PLAT OF ~U ITCLAI~ DEED L~LY~~ ~,Z~C ~ W.B.F ENTERPR~SES, LLL'