CC Resolution No. 09-180 Quitclaim 20655 Nancy Ct.RESOLUTION N0.09-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AU'T'HORIZATION FOR UNDERGROUND
WATER RIGHTS, KAREN H. TSENG AI`~D JOSEPH R. KATZ, 20655 NANCY
COURT, CUPERTINO, CA 95014, APN 359-15-027
WHEREAS, Karen H. Tseng and Josf;ph R. Katz, have executed a "Quitclaim
Deed and Authorization", which is in good anti 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 in the City of Cupertino, County of
Santa Clara, State of California, as shov,m 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 tJ7is resolution.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 30th day of November, 2009, by the following vote:
Vote
Members of the (:itv Council
AYES: Mahoney, Sandoval, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~~~ ~
City Clerk ~~~
APPROVED:
yor, City of pertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 359-15-OZ~
20655 Nancv Coart, Cupertino, CA 95014
Karen H. Tsen~ and Joseph R Katz. Trastees of the Tseng Katz 2008 Trust,
hereinafter referred to as the "GRANTOR", this : ~ `lr day of ~-~ ~-~~ ~>~i C.i; 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 ~~s follows:
SEE ATTACHED EXHIBIT "A"
to pump, take or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Walley for beneficial Lase upon the lands overlying said
underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRAr1TOR and its successors in ownership or
overlying lands in the said lot to take from said underground basin within the said Iot any
and all water which the owner or owners of said overlying lands may be entitled to take for
beneficial use vn 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 GRAI~ITEE to enter upon any of the lot delineated upon the above
described legal description or to authorize GR~~NTEE 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.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
. !~~
~/~-;
Karen ~ seng
~~
~~seph R. Katz i
(Acknowledgment and Notarial Seal Atta~chedl
PLEASE SEE ATTACHED
CURNOTARYAFORM NIA
CAL1~'ORN9A ALL-~IJRP05E ACKNOWLEDGMENT
o~~*~i~-C`z~`~-^s^a°~.c~^~~^.c~`~s~rvs~~s-c~^^~~~x~srra,.~a~o<~^.~^~..~'~~`-. - ..,,[~,,c~.`- - -..c~~.=~^..8-(~
State of California n
County of S~err2+a t ~~ ~'Q
On Dc ~ ~r'~ y'.o70~ before me,
Date r.+-. •
personally appeared
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
I~/s~/they executed the same in iais/I~/their authorized
capacity(ies), and that by faiath~r/their signature(s) on the
~~~" " " " instrument the person(s), or the entity. upon behalf of
~.p ,~~ KAREN ARMSTRONG ~ which the person(s) acted,, executed the instrument.
;-, . ~ ~ COMM. #1855938 ~ _
;.: ~ NOTARY PUBLIC -CALIFORNIA ~-
'' SANTA CLARA COUNTY I certify under PENALTY OF PERJURY under the laws
t v My Comm. Expires June 27, 2013
~~-~~, of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h d and offici se ,
Place Noia seal Above Signature
~' Signature of Notary Pu '
OPTIONAL -
Though fhe information below is not required by law, if may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment ,~f 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)
Number of Pages:
Signer's Name: Signer's Name: _
^ Individual '"~
^ Corporate Officer -Title(s): ^ Cor•p~te Officer -Title(s):
^ Partner.- ^ Limited .^ General _ _ ^ P nt er - ^ Limited ^ General _
^ Attorney in Fact - ^ ttcirney in Fact . •
^ TfLlStee Top of thumb here ^ U3tee Top of thumb here
^ Guardian or Conservator ^ G ~irdan or Conservator
^ Other: ^ Oth
Signer Is Representing: Signer is Repr nting:
02007 National Notary Assotdalion ~ 9350 De Soto Ave., P.O.Box 2402 • Chatsworth, CA 9'1313-240:? • www.NationalNotaryorg Item 85907 Reorder. Call Toll-Free 1-800-876.6827
LEGAL DESCRIPTION
Rea! property in the City of Cupertino, County of :Santa Clara, State of CA, described
as follows:
ALL OF LOT 45, AS SHOWN UPON THAT CERTAIIJ MAP ENTITLED, 'TRACT N0. 3407 PARADISE
WEST", WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, ON MAY 6, 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 70SE 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 27, 1963 IN BOOK 6039 OF OFFICiAI RECORDS, PAGE
693.
APN:359-15-027
EXHBITA