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18. Quitclaim Deed 10867 E. Estates DrDR,4Fi RESOLUTION N0.09-188 A RESOLUTION OF THE CITY COUr1CIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AjJTHORIZATION FOR UNDERGROUND WATER RIGHTS, CHIE JIN CHENG, 10867 EAST ESTATES DRIVE, APN 369-22-022 WHEREAS, Chie Jin Cheng, has executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all 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 in the attached Exhibit "A". 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 ~~ity Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resc-lution. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 30th day of November, 2009, by th.e following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 18-1 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 369-22-022 10867 East Estates Drive, Cupertino, CA 95014 Chie Jin Chen, An Unmarried Man, hereinafter referred to as the "GRANTOR",.this day of , 2009, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the rights, titles, interests, estates, claims and demands, 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" 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 of overlying lands in the said lotto take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands maybe 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 lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 18-2 IN WITNESS WHEREOF, GRANTOF: has executed this instrument the day and yeaz first above written. OWNERS: :~ f ~ _ ~ n,, `` \ ~ V "\ ` ~ f / ~~/~ Clue -Jin Chan (Acknowledgment and Notarial Seal Attached) 18-3 EXklIBIT A All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: All of Lot 84, as shown upon that certain Map entitled, "Tract No. 1566, Alderbrook Estates IInit No. 2", which Map was filed for Record in the Office of the Recorder of the County of Santa Clara, State of California, oa August 16, 1955 in Book 62 of Maps, at Pages 18 and 19. Excepting therefrom the underground water with no right of surface entry as granted from Peninsula Title Guaranty Company, a Corporation, to San Jose water Works, a Califo~ia Corporation Dated September 16, 1955 and Recorded September 6, 1955 in Book 3281 of Official Records, Page 188. 18-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _~ ~~ ,~~•--, ~ .~ ~ On~~~~~ ~~rbfefore me,~~_~ c.. ~~.~~ ~: ~~s~g~ S,Sc~.a-~ , Date ~ Here Insert~ame and Tii l5 a of the Office ~ _ personally appeared JACQUELINE C. HEREM Commission # 1670881 z ; -a; - Notory Public - Calltornia ~ Santa Clara County My Comm. Expires Jun 25, 2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand.a fficial seal. Signature=~ /~~~~_ Place Notary Seal Above /~ Signature df Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: t .-.~ I Foy ~. ~ ~~: ~ Document Date: c~'~ --3b Pages: "~-- Signer(s) Other Than Named Above: ,,~(~1~~E, Capacity(ies) Claimed by Signer(s) Signer's Name:~~~~-~~ ~ ~I'ndividual D Corporate Officer -Title(s): ________ __. ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Signer's Name: ^ Individual ^ Corporate Officer - Titie(s): ^ Partner - ^ Limited ^ C3ef ^ Attorney in Fact , ~' ^ Trustee ^ Guardian or Col ^ Other: Signer Is Representing: ©2007 National Notary Association • 936D De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotaryorg Item x5907 Reorder: Call Toll-Free 1-800-876-6827 18-5