CC Resolution No. 11-127 Quitclaim Deed and Authorization for Underground Water Rights, 10611 Culbertson Drive, APN 375-36-025 RESOLUTION NO. 11 -127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, DA -YUAN TUNG AND HSIN -NING KENG,
10611 CULBERTSON DRIVE, APN 375 -36 -025
WHEREAS, Da -Yuan Tung and Hsin -Ning Keng, 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 2nd day of August, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Kimberly Smiti ity Clerk Gilbert Wong, Mayor, City-Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 375 -36 -025
10611 Culbertson Drive„ Cupertino, CA 95014
Da -Yuan Tung and Hsin-Ning Keng, husband and wife as community property with
right of survivorship, hereinafter referred to as the "GRANTOR ", this c 6 day of
7 4 , 2011, 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 specific ally 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:
D a Tun
Hsin -Ning Keng
(Acknowledgment and Notarial Seal Attached)
EXHIB:ET "A"
THE LAND REFERRED TO .HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF 'CALIFORNIA AND DESCRIBED As- FOLLOWS:
Lot 108, as shown on that certain Map entitled "Tract No 1088" which Map was filed for record in the Office of the
Recorder of the County of Santa Clara, State of California, on April 16, 1953 in Book 24 of Maps at page(s) 25, 26 27
I
28, and 29.
APN; 375-36
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CALIFORNIA ALL - PURPOSE I
CERTIFICATE OF ACKNOWLEDGMENT '.
■
State of California It: ,
County of cjel L (him
On J 6 > 2 I l be fore me, ��' c itSi -tf' , N a � k !� C ii
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(Here insert name and title of the officer
personally appeared -Y (, k vt-b t �n� S(?'2 & ez,t/o
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Aare subscribed to I
the within instrument and acknowledged to me that j,'s�re /they executed the same ina sef /their authorized
capacity(ies), and that by h0/ter /their signature(s) on t1 instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
a.. SWAP
li, Commission 0 1791114
WITNESS my hand d official seal. i : ; i Notary Public • California i
" R/ Santa Clara County
�y Corms Feb 1 2012
(Notary Seal)
Signature of N ublic
•
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Army acknowledgment completed in California must contain verbiage exactly as I
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