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CC Resolution No. 09-193 Quitlcaim 7948 Woodlark WayRESOLUTION N0.09-193 A RESOLUTION OF THE CITY COUN(~IL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JOHN ZHE QU AND HONG XIAO, 7948 WOODLARK WAY, APN 362-04-043 WHEREAS, John Zhe Qu and Hong Xiao, have 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; a.nd 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 special meeting of the City Council of the City of Cupertino this 30th day of November, 2009, by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk APPROV D: /~ yor, City of Cupertino QUITCLAIM DEED APJD AUTHORIZATION FOR UNDERGROUrdD WATER RIGHTS APN 36~:-04-043 7948 Woodlark Way, Cupertino, CA 95014 John Zhe Qu and Hong Xiao, husband and wife, as community property, hereinafter referred to as the "GRANTOR", this ~~~ day of , v'-~a~ ~i' , 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 a~; in expectancy of the GRANTOR as owner of that certain real property situate in the Cou~ity 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 GRA1~tTOR and its successors in ownership of overlying lands in the said lot to take from sai~~ underground basin within the said lot 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 nothir-g 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 shal l bind the owner of said lot within said legal description. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: --,N=~ John Zhe Qu _.., .___. ---` --1 _`_ -- ~ '- Tong Xiao (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~a, i L~E.. ~~~ f~` On ~~ t `f d before me, ~tifCT `J (~~'1C7, C,~ /~~a ~y (~k~6li G Date Here Insert Name and Title of the Officer ~- personally appeared o dt n Z Gt e ~~ ,.-ti ~ ~ o nr X (•ci ~ DING JIANG Commission ~ 1795513 i •: Notary Public -California Z Santa Clara County M Comm. Expires A r 20, 2012 whc 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 befs~re/they executed the same in ktis~i~e~/their authorized cap~~city(ies), and that by I~isfher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ce•tify under PENALTY OF PERJURY under the laws of tree State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTION,4L Though the information below is not required by law, it may Frove valuable to persons relying 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ^ Individual I~ Individual ^ Corporate Officer -Title(s): - ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General [~ Attorney in Fact ^ Trustee [~ Guardian or Conservator [~ Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg `Item #5907 Reorder: Call Toll-Free 1-800-876-6827 LEGAL DESCRIPTION EXHIB:[T °A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED A.S FOLLOWS: Lot 31, as delineated upon that certain Map entitled 'Tract No. 3444", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on July 19th, 1963 in Book 164 of Maps, at Page 10. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California Corporation, by Instrument, dated August 13th 1963, recorded August 14th 1963 in Book 6147 of Official Records, Page 72. APN: 362-04-043