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D-428 Quitclaim Deed, 10867 East Estates Drive, APN 369-22-022, Reso 09-188RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE /N ACCORDANCE W/TH GOV_ CODE 2728 I~mlmi~EIRY~~WIIIIiI~~lill `e ~:, REGINA ALCOMENDRAS RDE st 006 SANTA CLARA COUNTY RECORDER 12/17/2009 Recorded at the request of 1100 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) QUITCLAIM DEED A vD AUTHORIZATION FOR UNDERGROUi~TD WATER RIGHTS 10867 East l~states Drive APN 369-22-022 Original O For Fast Endorsement QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUi~TD WATER RIGHTS APN 36!~-22-022 10867 East Estates Drive, Cupertino, CA 95014 Chie Jin ChenQ An Unmarried Man Hereinafter referred to as the "GRANTOR", this day of 9~"-'~n~ , 2009, hereb y grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter refeaed 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 lot to take from said 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 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 GRAr7TEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authori:;ation is made for the benefit lot within the above described legal description and shall 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: P /~ ~ / ~ t ~i ~~~~ Chie -Jin Ch ' (Acknowledgment and Notarial Seal Attached'.) ~~~~~~ A A11 that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as followsa All of Lot 84, as shown upon that certain Map entitled, ^Tract No_ 1566, Alderbrook Estates Dnit No_ 2^, which Map was filed for Record in the Office of the Recorder of the County of Santa Clara, State of California, on 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 Guara.~zty Company, a Corporation, to Sea Jose Water Works, a California Corporation Dated September 16, 1955 and Recorded September 6, 1955 iII Book 3281 of Official Records, Page 189. CAL~FORN~A ALL-PURPOSE ACKN~IWLE~GMENT State of California County of ~~-<, s~ -~ ~~a ~ A ~- On~t- C - ~~ ~'bfefore me, -> Dale _ Here Inser me antl TI le of the OHic r ` personally appeared ~" ~ ~ . ^. ame(s) Signer(s) -__, JACQUELINE C. HEREM ~ Commission # 7670887 z . s Notary Public - Coli/ornia ~ ~ • Santo Cloro county MY Comm. Exptras Jun 25, 207 O who proved to me on the basis of satisfactory evidence to be tYle person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sFle/they executed the same in his/tler/their authorized capal;ity(ies), and that by his/her/their signature(s) on the instrtment 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 trued nd correct. WITNESS my hand. arid_Q,fficial seal. Place Notary Seal Above Slgnat-Uri - ~ Signature o/ Notary Public ~. OPT/ONAIL - Though the information be/ow is not required by law, it may probe va/uab/e to persons relying on the document and cou/d prevent fraudulent removal and reatfachmetnt of Phis form to another document. Description of Attached Document Title or Type of Document:~ ~ o Y- Document Date: ~ r*•~ -~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number o~ Pages: Signer's Name:~~~~c- ` r Signer's Name: ~dividual _ O Individual i L7 Corporate Officer -Title(s): U Partner - r~ Limited O General CJ Corporate Officer -Title(s): ~~ -. _ _- rl Parr., ~,. n ~ ._-~_ ~. _ --- --°---^•-~••~~•o•~...m~yorg rtem n5907 R¢ord¢r: Call Toll-Freel- 600-676-6627 RESOLUTIa-N NO. 09-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, CHIE JIN CHENG, 1086' 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, t~ 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 City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resol ution_ 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 Citv Council AYES: Mahoney, Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: ~v-~t\~ City Clerk ~~~ Santoro, Wang, Wong APPROVED: ~~ Mayor, City of Cu ertino ~~NO ]FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated October 26th, 2009, from 10867 East Estates Drive to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on November 30, 2009, and the grantee consents to recordation thereof by its duly authorized officer. Dated: December 4, 2009 By: Julie He' a Clerk Re 'onist