13. Quitclaim 10552 John Way~~
RESOLUTIOI~T NO. 09-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS, L1N TU AND
SHAO JING Y"i_TAN TU, 10552 JOHN WAY, APN 359-18-007
WHEREAS, Lin Tu and Shao Jing ~'uan Tu, 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 i n 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 tende~~ed; 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 reguhir meeting of the City Council of the City of
Cupertino this 21st day of April, 2009, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 359-18-007
10552 John Way, Cupertino, CA 95014
Lin Tu and Shao Jinn Ynan Tu. husband and wife as ioint tenants hereinafter referred
to as the "GRANTOR", this ~ day of /q'p/'= ~ , 2009, hereby grants, bazgains,
assigns, conveys, remises, releases and forever quitclaims unto the CTTY OF
CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its
successors and assigns, all the rights, titles, interests, estates, cla;,,,~ 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 Claza, State of California, and
specifically described as follows:
SEE ATTACHED F.XNiRIT "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 or
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 Iands 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.
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IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
C~
'Lin ~
:3hao J' g '~ n ~n
(Aclaiowledgment and Notarial Seal Attached)
PLEASE SEE ATTACHED
CURNOTARY FORMN~A
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California n ~-
County of ~~R (~ ~G2 !/'CC
On _1~ ~ before me~~Ari'~~ ~!/~~~~ IVY TG"'`/' 1 GLJ C f~ ~--
ata ~ // / Hare In ems antl Title aft a Officer
personally appeared ~ / /'1 ! +~ Gl' !'7 cJ/ ~vlctT~ S ,-~ ~ ~~L[c,~f 7t~C
Name(s) of Sign s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)~re subscribed to the
within instrument and acknowledged to me that
t~af~e7tT-ey executed the same in his/J~r/their authorized
capacity(ies), and that by hifrieir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
KAREN ARMSTRONG 1 certify under PENALTY OF PERJURY under the laws
°'~ COMM. #1578921 cam-) of the State of Oalifornia that the foregoing paragraph is
~ ® ° NOTARY PUBLIC -CALIFORNIA`-~ ~ true and COrreCt.
t- i SANTA CLARA COUNTY
+~ Fpp ~ My Comm. Expires June 12, 2009
WITNESS my ha d d offici eel.
~~
Signature
Place Notary Seal Above Signature of h P.ubile
OPT/ONAL
Though the information be/ow is not required by law, it may prove va/uab/e to persons relying on the document
and cou/d prevent fraudulent remove! and reattachment of this form to another document. -
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
~ Corporate Officer -Title
O Partner - O Limited p 1
f~ Attorney in Fact
O Trustee
O Guardian or Conservator
O Other.
Signer Is Representing:
Pages: ~-
Signer's Name:
O Individual
O Corporate Officer -Title(s):
n P~rtr,cr - f-l 1 imitcri r1 r~cr,cr~l
®2007 National Notary Assor3ation- 9350 Da Soto Ave., P.O_BOx 2402 -Chatsworth, CA 913132402- www.NationalNOlaryorg Item Y59D'l fteoNer: Call Toll-Free 1-BOO-8766827
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LEGAL bE:3CRIPl'IOFV
EXHIF3TT "A^
THE LAND REFERRED TO HEREIN BELOW IS SITUA7-ED IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED .4S FOLLOWS:
Ail of Lot 65, as shown upon that certain Map entitled, 'Tract No. 834 Felton Park Subdivision Unit No. 4",
which Map was filed for record in the Office of the Re<:order of the County of Santa Clara, State of California
on January 23, 1951 in Book 31 of Maps, at Page 43.
Excepting therefrom the underground water with no rights of surface entry, as granted in the Deed from
Fisher-Burke Construction Co., a California Corporation, to San Jose Water Works, a California Corporation,
dated January 31, 1951, recorded February i, 1951 in Book 2144 Official Records, Page 537, Santa Clara
County Records.
APN: 359-18-007
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