10. Quitclaim Deed 10160 Stern Ave~`~AF~.
RESOLUTIOl~f NO. 09-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHT'S FROM NANCY HONG AND
DERECK X. LOI, 10160 STERN AVENUE, APN 375-12-006
WHEREAS, Nancy Hong and Dereck X. Loi, have executed a "Quitclaim Deed
and Authorization", which is in good and sufficient form, quitclaiming all their rights in
and authorizing the City of Cupertino, County of Santa Claza, State of California, to
extract water from the underground basin, underlying that certain real property situate in
the City of Cupertino, more pazticulazly descritred as follows:
All that certain real properly situate iri the City of Cupertino, County of
Santa Claza, State of California, as shown and delineated on the attached
Exhibits "A" and "B".
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
"Quitclaim Deed and Authorization" so tenderc;d; 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 12th day of January, 2009, by the following vote:
Vote Members of the city Council
AYES:
NOES:
ABSENT:
ABSTAIN:.
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
io-i
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 375-12-006
10160 Stern Avenue
Nancy Hones and Dereck X. Loi. wife and husband as ioint tenants. hereinafter referred
to as the "GRANTOR", this oZ~ f day of ~-,~~°~, 2008, hereby grants, bargains,
assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred to as the "GRAN"TEE", 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 GFLANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and its successors in ownership or
overlying lands in the said lots to take from said underground basin within the said lots 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 map 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 lots within
the above description and shall bind the owner of said lots within description.
io-2
IN WITNESS Wf~REOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
Nancy Ho
- ~k
Dereck X. Loi
(Acknowled~ent and Notarial Seal Attached)
10-3
ACKNOWLEDGEMENT
State of California } ss.
County of Santa Clara }
On 12- ~3 , 2008 before me, Tajinder P Singh, Notary Public, personally appeared
rvAN~~' HvrvG ow~C ~~REci< X. LGS
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 and official seal_
~ T,bJINDER P. SINGH ~
COMM. # 1546223
NOTARY PUBLIC-CAUFORN~A ~
SANTA CLARA COUNTY 1
COMM. IXP. AUG. 5. 2004
Signature ~ (Seal)
10-4
LEGAL DESC:L2IPTION
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 299, as shown on that certain Map entitled 'Tract No. 1004", which Map was filed for record in the OfFice
of the Recorder of the County of Santa Clara, State of Ceilifornia, on September 10, 1952 in Book 40 of Maps at
page(s) 29 and 30.
APN: 375-12-006
Adopt a resolution accepting a Quitclaim Deed and
Authorization for Underground Water Rights,
10160 Stern Avenue, APN 375-12-006.
The property owners of this residential development agree
to grant to the City the right to extract water from the
basin under the overlying property. ~'~
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