10. Quitclaim 20655 Nancy CtDRAFT
RESOLUTI01v N0.09-180
A RESOLUTION OF THE CITY COUI`dCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, KAREN H. TSENG AND JOSEPH R. KATZ, 20655 NANCY
COURT, CUPERTINO, C~, 95014, APN 359-15-027
WHEREAS, Karen H. Tseng and Joseph R. Katz, have executed a "Quitclaim
Deed and Authorization", which is in good acid 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 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 speci~il meeting of the City Council of the City of
Cupertino this 30th day of November, 2009, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
10-1
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 359-15-027 .
20655 Nancy Court, Cupertino, CA 95014
Karen H. Tsen~ and_Joseph R. Kate. Trastees of the Tsen~ Katz 2008 Trust,
hereinafter referred to as the "GR.AN'fOR", this ~ = ~ day of a ~ -`'~ ~~ 2009,
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 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 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 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.
.~
~0-2
IN WITNESS WHEREOF, GRAIVTO~L has executed this instrument the day and
year first above written.
OWNERS:
/, .~ ~`'~
G~-f "
_ ~-
Karen H. - e
~~
~.~. ~>~.
~~seph R. Katz
(Acknowledgment and Notarial Seal Attached) PLEASE SEE ATTACHED
CURRENT CALIFORNIA
NOTARY FORM
._~ -
10-3
i
CAL1~'Oi~NOA ALL-PlJRPOSE ACKNOWLEDGMENT'
~~~~r.~S,~.r=d`.~K`.~ ~ .z~~ .,~r..~....~.~..zr..u~c~e~r~„~r..icw~c`..z~.,z~r~
State of California -
County of
d ~~ D9 n ~r~n `~ /D ~ ~(u H ~ •,
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On
before me,
Date
~ Herednsert Name and Titl he Otficer
D
• personally appeared t" /1 1°x'1
'
Names or
• who proved to me on the basis of satisfactory evidence to
' ~• be the person(s) whose name(s~are subscribed to the
within instrument- and acknowledged to me that
rl~ekkr>s/they executed the same in taiislAlherltheir authorized
capacity(ies), and that by hatsfher/their signature(s)• on the
instrument the person(s), or the entity. upon behalf of
. ~~• KAREN ARMSi'RONG ~ which' the person(s) acted,' executed the instrument. •
.. COMM. #1855938 -~ -
m NOTARY PUBLIC • CALIFORNIA ~ ~
SANTA CIARA COUNTY f certify under PENALTY OF PERJURY under the laws
ray Comm. Expires June 27, 2013 ~ of the State of California that the foregoing paragraph is
.. true and correct. -
A
WITNESS my her and official ~ 11 ,
Signature~,C t ~~" ~ v'•"'`
Place Notary Seal Above S1gnaWra of Notary P4pc
OPTIQNAL ~ ~
Though the information below Is not required by law, it may prove valuable.to persons relying on fhe document
and could prevent fraudulent removal and reattachment of thla form to another document
Description. of Attached
Title or Type of Document: ~
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by
Number of Pages:
y~u~
Signer's Name: ' ~ ~ Signer's Name:
^ Individual - D~Individual
^ Corporate Officer - Titl ff
icer -Title(s):
^ Partner.- ^ Limited ^ General _' _
Partner - ^ Limited ^ General __
~
•
^ Attorney in Fact ~ - ~ Attorney inFact . -
^ TrUStee ~ ~ Top of thu here ^ TrUStee . Top of thumb here
^ Guardian or Conservator ~ ^ Guardan or Conservator
^ Other. D Other
Signer Is Representing: - . Signer Is Representing:
®2007 National Notary Assadaticn •.9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 81313.2402 • www NatlonalNoteryorg Itam A5907 Reorder: Call Toil-Free 1.800-878-6827
10-4
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of CA, described
as follows:
ALL OF LOT 45, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, 'TRACT N0. 34d7 PARADISE
WEST", WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, ON MAY 8, 1963 IN BOOK 161 OF MAPS, AT PAGES 2 AND 3.
EXCEPTING THEREFROM THE UNDERGROUND WATER AS GRANTED IN THE DEED EXECUTED BY
CITY TITLE INSURANCE COMPANY, A CORPORATION, TO SAN J05E WATER WORKS, A CALIFORNIA
CORPORATION, RECORDED MAY 17, 1963 IN BOOK 6029 OF OFFICIAL RECORDS, PAGE 29.
ALSO EXCEPTING THEREFROM THE UNDERGROUND WATER AS GRANTED IN THE DEED FROM
MASON ENTERPRISES, INC., FORMERLY MASON BROS., INC., TO AN CITY OF CUPERTINO, A
MUNICIPAL CORPORATION, RECORDED MAY Z7, 1963 IN BOOK 6039 OF OFFICIAL RECORDS, PAGE
693.
APN: 359-15-027
EXHIBIT ~
7E'' ~~ s ~~ girt. • _ . ~ ..,_.~ . or ~ll.~. ~.