08. Quitclaim 21885 McClellan Rd._. !1
RESOLUTIOrv NO. 09-032
A RESOLUTION OF THE CITY COUI~ICIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, MICHELLE WANG A1~1D CHENG-YUAN MICHAEL WANG,
21885 MCCLELLAN ROAD, APN 357-14-008
WHEREAS, Michelle Wang and Cheng-Yuan Michael Wang, 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 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 Exhibits
"A 8~ B".
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 3rd day of March, 2009, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
s-i
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-14-008
21885 McClellan Road
Michelle Wanes and Cheng-Yuan Michael Wanes, wife and husband as ioint tenants,
hereinafter referred to as the "GRANTOR", this // day of ~P1-_ , 2008,
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 EXHIBITS "A" AND "B"
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 GREINTOR 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 lots 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 lots.
This assignment, conveyance and authorization is made for the benefit lots within
the above described plat and description and shall bind the owner of said lots within said
plat and description.
8-2
IN WITNESS WI-IEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
~~ _
.Michelle Wang l3~ ~ ~/~~
~~heng-Yuan Michael Wang
(Aclcuowledgment and Notarial Seal Attached)
StateolCvUfomta, Counryof SonfaClaro
On /,~-) ~ - o~ before me, Shirley Ch ng, Notary Pub_ Iii
Personalty appeared W _ r~
who proved fo me on the basis of sa factory evidence fo be a person sj
whose name(s) is/are subscribed to the withi hument and- cknowledged
fomethathe yexeculedfhesameinhi er elrauthorizedcapac8y(les),
and that by hi er etr signature(s) on the Instru ent the person(s), or the entity
1 cerllfy under PENALTY Of PERJURY aride ~thti laws of theeSlateeot Ctailfomia
that the foreyoing paragraph it true and correct.
WITNESSmytwndandofliclaiseol. ,-, Q
(/il//~
__ SHIRLEY CHENG
COMM. # 1787822
? . .o • ~ NOTARY PUBLtC -CALIFORNIA ~+
SANTA CLARA COUNTY
My Comm_ Expires Jan_ 27, 2012
8-3
CIt1~.Al=OIiLd1A AL.L-PUR~~~E ACI~A~AOWLE®~AF/I~C~f'f'
K.nvd:~~_~.._•4'~ ~_,_c'~~^~i._" ~. ~~~:K L. -:'"::._~C _ _. ,~._-J'!F-C ... .i' _ _ _.a __- ~~ .."-.riK i- t\'.i= -~- !F =i-.,~ -_Y~>v:~ _,~.. ;=;2
State of California ^ ~
County of//~~ ~i/~+~1 L~CII?, O~
On ~~.(ri- ~ ZOO j before me, l y
at
personally appeared
SHIRLEY CHENG
~ _~~ -•'_ COMM_ # '1787922 z
Z ° s ~ NOTARY PUBLIC - CALIFORNIA
_ SANTA CLARA COUNTY
• fJry Comm. Expires Jan. 27, 20'12
l~.r rYl_ ~VI rl t' rt ~X WL
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i re ubscribed to the
v/ithin instrument and acknowledged to me that
he/she~jt~xecuied the same in his/her eir uthorized
capacity res), and that by his/he~ signature(s) on the
instrument the person(s), or the entity upon behalf of
vehich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of [he State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature -t-~~~
Place Notary Sear Above Signature 'Notary PubtlO
OPT/OIVAL
Though the information below is net required by /aw, it may proves va/uable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: _
Document Date: _ ~ ~ ~ ~ / ~ (~ ~ Number of Pages:
Signer(s) Other Than Named Above: !~2 /~1
Capacity(ies) Claimed by Signer(s)
I net's Name: /vl it O~~ ~I~ ~~ //'1 /~ Si net's Name: ! il~ ~i/t_LI '~yf/.tl'l. /V~ll~'16t.~i(" Lti~CN~C
.~~(ndividual ~-~ L~ 1Cldividual ----~ , J
(- Corporate Officer -Title(s): U Corporate Officer -Title(s):
U Partner - O Limited U General _ _ _ O Partner - CI Limited rJ General _ _
_! Attorney in Fact _ f] Attorney in Fact • - • •
Trustee ~°°' °l °i~~"r' h2fe Cl Trustees Top of rhumA here
~~~ Guardian or Conservator ~t U Guardian or Conservator
i :: Other: r l/////// L~ Other: 1~////'''
Signer Is Representing: / C~ Signer Is Representing: /`~
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- 2007 Narwnal NO.aq•~ASSO.^ialmn • 9350 De Solo AVO.. RO. Box 2402 • Chalsv'otlb, CA 9131]-2J02 • anav.NdliOnaiWOlary.0r9 rlam rc690r! ReONar. CaPTOII~Ree t 800 876'6627
8-4
IN WITNESS WHEREOF, GRANTO]E2 has executed this instrzunent the day and
year first above written.
OWNER:
Michelle Wang ~~
Cheng-Yuan Michael Wang
(Acknowledgment and Notarial Seal Attached't
StaleofCa forma, Countyol SontaClara
On - b~(oreme,ShirleyCt~eng,NotaryPu¢I'ic, ! /~
Personallyoppear d (_=~,;.s Y.~r.-.~. /L"7~`Gi'gli~f' L ~~?1
who proved to on the basis sails ac ory evi~e o be t e person s c/(
whose name( 15 are subscttbBd tohin,instrument and acknowledged f
to me tga"(h~she/ihey executed the samednNs/Iter/their authotlzed capacity(IesJ,
and tha erlfhelr algnoture(s) on the inshument the person(sJ, or the entity
upon beha f "of which the person(s) octed, executed the instrument.
I certify under PENAEtt OF PFRJURY under The laws of the State of Cailfornia
that the toregoing9 paragraph is true and correct. .
WITNESSm h~andandolt~lalaeol,
`__SC Ll
SHIRLEY CHENG
`~~--;~' COMM. # '1787922
~ = - - -
z - v -- NOTARY PUBLIC - CAUFORNIA~
SANTA CLARA COUNTY
rwy Comrn. Expires Jan. 27, 2012
s-5
~~~ c~c~o~~~~o~c~9 0~~0
- P.O. Box 12468, -
Pleasanton, CA. 945BB
TEL: (925) 426-8077, FAX.' (925) 485-7250
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' AREA QUIT CLAIM DEED FOR '
°oI UNDERGRUUND HATER RIGHTS I°o
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o t CUPERTINO, CA 95014 io
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ZI I° Scale: 1" = 30'
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MONUMENT LINE
McCLELLAN
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OLD R/V LINE
EXHIBIT At QUIT CLAIM DEED FOR UNDERGR^UND WATER RIGHTS
Date: 12/ 1 /2008 PROJECT= Approved: Scale: 1" = 30'
Drawn: SS 21885 McC l e t l o.n Road, C 3 3 8 9 7
Cu ert . no CA 95014 cad i=iie Name:
P Civil Engineer R.C.E. No. g _ g
checked: HPT APN 357- 1 4-08 Disk No.:
Revision:
Sheet No. ~ of ~ Sheets
~- EXHIBIT B
QUIT CLAIM DEED FOR iJNDERGROUND WATER RIGHT
LEGAL DESCRIPTION
The undersigned, being the legal owner of the: real property hereinafter described, hereby
quit claim deed for underground water right as follows:
Beginning from the centerlines of Byrne Avenue (formerly known as Buena Vista
Avenue) and McClellan Road, thence along the centerline of McClellan Road due East; a
distance of 348.00' to a point on the centerline; thence due North; a distance of 30.00' to
the True Point of Beginning.
From the True Point of Beginning; thence due East, a distance of 100.15'; thence due
North, a distance of 99.21'; thence due West, a distance of 100.15', thence due South, a
distance of 99.21' back to the True Point of Beginning. Containing an azea of
9935.88 Square Feet or 0.23 Acres, more or less.
~~ ~ ~ ~.
Igo. 33 97 ~
Exp.4y~~~
8-7
Adopt a resolution accepting a Quitclaim Deed and
Authorization for Underground Water Rights,
21885 McCleallan Road, APN 357-14-008.
The property owners of this residential development agree
to grant to the City the right to extract water ftom the
basin under the overlying property.
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