CC Resolution No. 10-062 Quitclaim Deed and Authorization for Underground Water Rights, 10640 Flora Vista Avenue, APN 326-08-039 RESOLUTION NO. 10 -062
A RESOLUTION OF THE CITY COUNC[L OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, CHENG YU LIN AND STEPHANIE YU TING PENG,
10640 FLORA VISTA AVENUE, APN 326 -08 -039
WHEREAS, Cheng Yu Lin and Stephanie Yu Ting Peng, 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 in 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 regular meeting of the City Council of the City of
Cupertino this 6th day of April, 2010, by the following vote:
Vote Members of the City Council
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/ - .I
City Clerk / G ayor, City of Cupe no
QUITCLAIM DEED ANI) AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326 -08 -039
10640 Flora Vista Avenue, Cupertino, CA 95014
Cheng Yu Lin and Stephanie Yu Ting Peng, husband and wife, as Joint Tenants,
hereinafter referred to as the "GRANTOR ", this Z 7rN day of /Awe h 2010,
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 properly 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 of
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.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
A ANN/ te:
Cheng Yu L'
Stephanie Yu Ting P
(Acknowledgment and Notarial Seal Attached)
State of California )
County of Santa Clara )
On 03/27/2010 before me, Vivian Stoklosa, a Notary Public, personally appeared
STEPHANIE YUTING PENG AND CHENG YU LIN , who proved to me on the
basic of satisfactory evidence to be the person(s) whose name(s) is /ate
subscribed to the within instrument and acknowledged to me that he /she /t
executed the same in his/her/ 4P authorized capacity(ies), and that by
his /her /t eir ignature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
/ certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official se .
• G U
Signature ( al)
VIVIAN STOKLOSA
4L___`1. � comm. #1801190 E
C) ' NOTARY PUBLIC • CALIFORNIA n
2 SANTA CLARA COUNTY
" Exp. JUNE 10, 2012
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot 19, as shown an that certain Map entitled 'Tract No. 631 Garden Gate Village ", which Map was filed for
record in the Office of the Recorder of the County of Santa Clara, State of California, on May 23, 1949 in Book
22 of Maps at page(s) 56.
APN: 326 -08 -039
•
•