D-405 Quitclaim Deed, 10552 John Way, Reso 09-057
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 359••18-007
10552 John Way, Cupertino, CA 95014
Lin Tu and Shao Jing Ynan Tu, husband and wife as ioint tenants, hereinafter referred
to as the "GRANTOR", this ~ day of _,~pr' ~ , 2009, hereby grants, bargains,
assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
CUPERTINO, a municipal corporation, herein~~fter referred tv 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 iin 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 GRAN"COR 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 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 GRA:vTEE 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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of C(
On v~2Q~`' before me, Y at `'ti
ate /~
personally appeared ~ ~ n ' ~ q /'l cY S~1c
~U~"~' ~Cl.~ ll` L
KAREN ARMSTRONG ~
`,p COMM. #1578921 ~
...
C7 ~ NOTARY PUBLIC -CALIFORNIA ~
F- • SANTA CLARA COUNTY
2 2009
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
I~af~e'/'tfiey executed the same in his/,I~r/their authorized
capacity(ies), and that by hisfl~er/tfieir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certif}r under PENALTY OF PERJURY under the taws
of the State of California that the foregoing paragraph is
true and correct.
IF aN` My Comm. Expires June 1 ,
WITNESS my had d offici eal.
Signature
Place Notary Seal Above Signature of NOf Public
OPTIONAL
Though the information below is not required by law, it may prover valuable to persons relying on the document
and could prevent fraudulent removal and reattachmerrt of this form to another document.
Description of Attached~lDocument
Title or Type of Document: c-C u i ~(~ (c
~D r, ~/ 7, ~~9Pr ~dvu
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Individual
^ Corporate Officer -Title
^ Partner - ^ Limited ^
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Signer Is Representing:
p !~ or f 2a~t y~+t-y/
Number 8f Pages:
Signer's Name:
^ Individual
^ Corporate Officer -Title(s): _
^ Pi~rtner - ^ Limited ^ General
^ A1t_orney in Fact .
^ Trustee
^ Guardian or Conservator
^ Other:
®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2.102 • vnvw.NationalNotaryorg Item k5907 Reorder: Call Toll-Free 1-600-876-6827
LEGAL DESCRIPTION
EXHIBIT "A°
THE LAND REFERRED TO HEREIN BELOW IS SITUAT~.D IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED P,S FOLLOWS:
AN 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 Rec~~rder 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, i951 in Book 2144 Official Records, Page 537, Santa Clara
County Records.
APN: 359-18-007
RESOLUTIOr~ NO. 09-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ACCEPTING QUITCLA[M DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS, L1N TU AND
SHAO JING YUAN TU, 10552 JOHN WAY, APN 359-18-007
WHEREAS, Lin Tu and Shao Jing Yuan 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 iii the City of Cupertino, County of
Santa Clara, State of California, as sho~~vn 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 21st day of April, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the ~~ity Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
City Clerk
APPROVED:
Mayor, City of pertino