CC Resolution No. 11-046 Quitclaim Deed and Authorization for Underground Water Rights, 10292 Orange Avenue, APN 357-19-030_revised 8-30-23RESOLUTION N0. 11-046
A RF.SOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR tJNDERGROUND
WATER RIGHTS, MIMI TSUI,10292 0RANGE AVENUE., APN 357-19-030
WHEREAS, Mimi Tsui, 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 Saiita 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 sliown 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 tliis resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of April, 2011, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
ATTEST:
Members of the City Council
Wong, Santoro, Chang, Mahoney, Wang
None
None
None
APPROVED:
;M
City Clerk !
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-19-030
10292 0range Avenue, Cupertino, CA 95014
Mimi Tsui, Trsutee of the Mimi Tsui Living Trust dated May 20, 2010, hereinafter
referred to as the "GRANTOR", this. ( P day of u'k ra"V , 2011, 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 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
tfeneficial 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.
l
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS
Mimi Tsui
(Acknowledgment and Notarial Seal Attached)
Exhibit A
Real property in the City of CLIPERTINO, County of Santa Clara, State of CA, described
as follows:
ALL OF LOT 5, AS SHOWN UPON THAT CERTA?N MAP ENTITLED, 'TRACT N0, 97 0F NOONAN SUBDMSION UNIT
N0, 1, BEING A PART OF THE SW. 1/4 0F THE SECION 14, T. SR. 2W., M.D,B. & M.", WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL
3, 1939 IN BOOK "3" OF MAPS AT PAGE(S) 43,
APN: 357-19-030
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
Countyof '>)in'ro ( alo( 4
who proved to me on the basis of satisfactory evidence to be the person(s4whose named is/aw subscribed to
the within instniment and aclaiowledged to me tliat-4e/she/4tey executed the same in his/her/r authorized
capacity% and that by hm/her/-their signahir$) on the insttument the person(-0, or tl'ie entity upon belialf of
whicli tlie perso acted, executed the instniment.
I certify under PENALTY OF PERJURY under the laws of tbe State of California that the foregoing paragraph
is tme and correct.
S n':iy hand and oQial seal.
y (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attachcd document)
(T it}e or description of attached document continucd)
Nuinber of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
€ Individual (s)
[1 Corporate Officer
€
€
€
[1]
(Titlc)
Parhier(s)
Attomey-in-Fact
Tnistee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORA4
Any acRnosvledgmerit completed in California must contain verbiage exactly as
appears abrive in Ihe nolary sedion or a separate acknosvledgment pnn must /ye
properly coinpleted and attaclied to that document. The onl)i exceprrrm rs V a
document fs to be recorded outside ofCr:rldornia. Jnsuch instances, an)i alteriyati>ie
ackw:ru4edgrnem verbtage as rnay be printed on sucJi a documem so Img m the
verbiaga does not require t)ye notary to dowmetMng thar rs il7egal for a notar)i iiy
CalyOrnia (i.e. CertBling //l(! atr(hOriZed CapaCit)l qf(he signer). Please C1leCk the
document carefullyfor proper notarial wording and attach this pm d requ=ed.
State and County infomiation must be the State and County where the documcnt
signcr(s) personally appeared before the notary public for acknowledgment.
Data ofnotarizalton must be the date that the sigmer(s) petsonally appeared whicli
must also be the same data thc acknowlcdgmcnt is complctcd.
The notary public must prin.t l'iis or bit; p,ame as it appcars within his or her
commission followed by a comma and rlien your Htle (notary public).
Print the naine(s) of document signcr(s) who pcrsonally appear at The Time of
notarization.
It)dicntc the correct singular or plural forms by crossing off incorrect fomis (i.c.
he/shcAhey,- is /ara ) or circling ihe correct fomis. Failure to correc(ly indicate this
information may lead to rejection of document rccording.
The notary seal impression must be c]car and p}iotograpliically rcproduciblc.
Impression must,noj cover text or lines. If seal impression smudges, re-seal if a
sufficient arca pcmiTs, olhciwisc complctc a diffcrcnt acknowlcdgincnt forin.
Signahire of the nomry public must match the signature on file with the office of
the county clerk.
"> Additional infonnatxon is not required but could help to ensure this
acknowicdgmcnt is not misused or attachcd to a diffbrcnt docummt.
*:i IndicatctitIaortypeofattacheddocumenl,numberofpagesanddate.
!:4 ItiditiatO thti cnpacity claimcd by the signer. If the clatmed capacity iS a
corporate officer, indicate tbe title (i.e. CEO, CFO, Secretary).
Sccurcly affach this documcnt to (hc signcd document
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