D-991 Quitclaim Deed and Authorization for Underground Water Rights, 10611 Culberton Drive, APN 375-36-025DOCUMENT: 21279023 Pages:7
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City Clerk's Office SANTA CLARA COUNTY RECORDER 8/16/2011
City of Cupertino
Recorded at the request of 1 1 :43 AM
City
10300 Torre Avenue
Cupertino, CA 95014 -3255
SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27281
QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS
10611 Culbertson Drive
APN 375 -36 -025
Da -Yuan and Hsin -Ning Keng
in Original
O For Fast Endorsement
RESOLUTION NO. 11 -127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, DA -YUAN TUNG AND HSIN -NING KENG,
10611 CULBERTSON DRIVE, APN 375 -36 -025
WHEREAS, Da -Yuan Tung and Hsin -Ning Keng, 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; 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 2nd day of August, 2011, by the following vote:
Vote Members of the City Council
AYES:Wong, Santoro, Chang, Mahoney, Wang
NOES:None
ABSENT:None
ABSTAIN:None
ATTEST:APPROVED:
4 1" - la 4,1
Kimberly Smit ity Clerk Gilbert Wong, Mayor, City . upertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 375 -36 -025
10611 Culbertson Drive, Cupertino, CA 95014
Da -Yuan Tung and Hsin -Ning Kent, husband and wife as community property with
right of survivorship, hereinafter referred to as the "GRANTOR ", this S? 4 ) day of
7
J k /Y 2011, hereby grants, bargains, assigns, conveys, remises, releases and
forever quitclaims unto the CITY OF CUPER.TINO, 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
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.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
Da-Tun
sin -Ning Keng
Acknowledgment and Notarial Seal Attached)
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot 108, as shown on that certain Map entitled "Tract No 10138i% which Map was filed for record In the Office of the
Recorder of the County Of Santa Cara, State of California, on April 16, 1953 in Book 24 of Maps at page(s) 25, 26, 27,
28, and 29.
APN: 375-36025
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1 CALIFORNIA ALL — PURPOSE
a CERTIFICATE OF ACKNOWLEDGMENT
1 State of California
County of cja C 4
On J 6 , Za I / before rne, bi 5i h NoOn Lb'
Here insert name and title of thc offic
personally appeared Y6( 4Y? uYS rzbv) his(r -- /I/fyl -c, ei.t.0
I! who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)g /are subscribed to
ii the within instrument and acknowledged to me that sWe /they executed the same in) Ilef /their authorized
j capacity(ies), and that by 11),g/Jr/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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II I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
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is true and correct.
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1 Wit Commission • 1791184iWITNESSmyhanddofficialseal.4 Notary Public • California !
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Signature of Notary ublic
Notary Seal)
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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
July 6 2011, from
10611 Culbertson Drive
to the City of Cupertino, a governmental agency, is '.Hereby accepted by order of the City Council on
August 2 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: August 8, 2011
By:
Kirsten Squarcia
Clerk Sr. Assistant