CC Resolution No. 11-144 Quitclaim Deed and Authorization for Underground Water Rights, 10170 Amelia Court, APN 326-17-013 RESOLUTION NO. 11 -144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, QINGXIANG LI AND LIXIN CHEN,
10170 AMELIA COURT, APN 326 -17 -013
WHEREAS, Qingxiang Li and Lixin Chen, 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 16th 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:
A ' j /"'
y\_/
Kimberly Smith, , Clerk Gilbert Wong, Mayor, Ci f Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326 -17 -013
10170 Amelia Court, Cupertino, CA 95014
Qingxiang Li and Lixin Chen, wife and husband, as community property with right
of survivorship, hereinafter referred to as the "GRANTOR ", this 2q day of
, , 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 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:
/ J
Qingxiang Li
I,ixin Chen
(Acknowledgment and Notarial Seal Attachec.)
1 C ALIFORNIA ALL - PURPOSE i
CERTIFICATE OF ACKNOWLEDGMENT I
is
I State of California
County of +i � � r�
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On WA( y 2q 201( before me, l� . C . 01 ors `� �o 4a ry t tic 6' i ( , I
I (Here insert name and titldof the officer) i
personally appeared L )xi n CJ'teri and [ tk X ■ ,
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1 . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
s the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
i' capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
1 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. r �
2 4 t1. K. C. OLSO
a tCCIv► 1 �. X8 5810 i s it'EoTr,Ryrlu.o C 9 g a d official seal. �,, ��� cxA�A r CQ ;I, U.P1RFSAUG.13,2013 WITNESS my hand
I Signature f Notary Public (Notary Seal)
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t
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2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryClasscs.com
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:
PARCEL ONE:
COMMENCING AT AN IRON PIPE SET AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN 10.06 ACRE
TRACT DESCRIBED IN THE DEED FROM AMASA EATON COMPANY, A CORPORATION, TO JOHN A. CHUK,
DATED AUGUST 3, 1940 AND RECORDED AUGUST 17, 1940 IN BOOK 993
O.R. PAGE 591, IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, CALIFORNIA; AND
RUNNING THENCE ALONG THE SOUTHWESTERLY LINE OF SAID 10.06 ACRETRACT SOUTH 41 DEGREE 27'
EAST 366.50 FEET TO AN IRON PIPE; AND THENCE NORTH 1 DEGREE 08' WEST
208.04 FEET TO AN IRON PIPE WHICH IS THE PCIINT OF BEGINNING OF THE TRACT ABOUT TO BE
DESCRIBED; AND RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH 1 DEGREE 08' WEST 132.58
FEET TO AN IRON PIPE SET AT THE CORNER OF SAID 10.06 ACRE TRACT; AND RUNNING
THENCE ALONG THE NORTHEASTERLY LINE OF SAID 10.06 ACRE TRACT; SOUTH 43 DEGREE 12' EAST 198.18
FEET TO AN IRON PIPE; AND THENCE NORTH 84 DEGREE 53' WEST 133.57 FEET TO THE POINT OF
BEGINNING.
AND BEING A PORTION OF THE AFOREMENTIONED 10.06 ACRE TRACT AND PART OF THAT CERTAIN 61.076
ACRE TRACT DESIGNATED AS PARCEL 1, CONVEYED BY SAN JOSE ABSTACT AND TITLE INSURANCE
COMPANY, A CORPORATION, AS TRUS 1 tt, TO AMASA EATON COMPANY, A
CORPORATION, BY A DEED DATED OCTOBER 27, 192,6 AND RECORDED IN BOOK 799 O.R. PAGE 8, IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, AND IN THE SAN ANTONIO RANCHO.
PARCEL TWO:
A RIGHT OF WAY FOR THE PURPOSE OF INGRESS AND EGRESS OVER A PARCEL OF LAND DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIPE "N" SET IN THE SOUTHE ASTERLY LINE OF THAT CERTAIN 10.06 ACRE TRACT
DESCRIBED IN THE DEED FROM AMASA EATON COMPANY, A CORPORATION, TO JOHN A. CHUK, DATED
AUGUST 3, 1940 AND RECORDED AUGUST 17, 1940 IN BOOK 993
Q.R. PAGE 591, IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, CALIFORNIA,
DISTANT THEREON SOUTH 41 DEGREE 27' EAST 366.50 FEET FROM THE SOUTHWESTERLY CORNER
THEREOF; AND RUNNING THENCE NORTH 1 DEGREE 08' WEST 340.62 FEET TO THE NORTHERMOST
CORNER OF THAT CERTAIN 0.202 ACRE TRACT DESCRIBED IN THE DEED FROM W. L. STAPP, ET AL, TO L.W.
NORTHON, ET UX, DATED JANUARY 8, 1943, RECORDED JANUARY 15, 1943 IN BOOK 1124 O.R. PAGE 312,
SANTA CLARA COUNTY RECORDS; THENCE ALONG THE
PROLONGATION NORTHWEST OF THE NORTHEASTERLY LINE OF SAID 0.202 ACRE TRACT NORTH 43
DEGREE 12' WEST 29.85 FEET TO A POINT 20 FEET MEASURED AT RIGHT ANGLES FROM THE FIRST COURSE
OF THIS DESCRIPTION; THENCE PARALLEL WITH THE FIRST COURSE OF THIS DESCRIPTION SOUTH 1
DEGREE 08' EAST 257.49 FEET; AND RUNNING THENCE ALONG A CURVE TO THE RIGHT W1TH A RADIUS OF •
30 FEET FROM A TANGENT BEARING SOUTH 1 DEGREE 08' EAST THROUGH AN ANGLE OF 139 DEGREE 41'
FOR A DISTANCE OF 73.14 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID 10.06 ACRE TRACT;
THENCE -ALONG SAID SOUTHWESTERLY LINE SOUTH 41. DEGREE 27' EAST 112.63 FEET TO THE POINT OF
BEGINNING.
PARCEL THREE:
AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS OVER A PARCEL OF LAND DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIPE "N" ON THE NORTHWESTERLY LINE OF THAT CERTAIN 10.06 ACRE TRACT OF
LAND DESCRIBED IN THE DEED FROM AMASA EAT
DN COMPANY, A CORPORATION, TO JOHN A. CHUK,
DATED AUGUST 3,-1940 AND RECORDED AUGUST 17, 1940 IN BOOK 993
O.R. AT PAGE 591, SANTA CLARA COUNTY RECORDS, DISTANT THEREON SOUTH 41. DEGREE 27' EAST
EXHIBIT "A" (continued)
366.50 FEET FROM THE SOUTHWESTERLY CORNER OF SAID 10.06 ACRE TRACT; THENCE FROM SAID POINT
OF BEGINNING RUNNING NORTH 1 DEGREE 08' WEST 208.04 FEET TO THE
SOUTHWEST CORNER OF THAT CERTAIN 0.202 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM W.L.
STAPP, ET AL, TO L.W. NORTON, ET UX, DATED JANUARY 8, 1943, RECORDED JANUARY 15, 1943 IN BOOK
1124 0. R., AT PAGE 312, SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE SOUTHERLY LINE OF SAID 0.202 ACRE TRACT; THENCE SOUTH 85 DEGREE 00' EAST
20.12 FEET TO AN IRON PIPE; THENCE RUNNING SOUTH 1 DEGREE 08' EAST 100.56 FEET TO AN IRON PIPE;
THENCE CURVING TANGENTIALLY ON THE RIGHT ON A CURVE OF 70 FEET RADIUS
THROUGH AN ANGLE OF 44 DEGREE 25' FOR AN ARC DISTANCE OF 54.27 FEET TO AN IRON PIPE; THENCE
SOUTH 31 DEGREE 56' EAST 35.79 FEET TO AN IRON PIPE; THENCE SOUTH 10 DEGREE 12' WEST 38.89 FEE)
TO AN IRON PIPE ON THE SOUTHWESTERLY LINE OF THE 10.06 ACRE TRACT SO
DESCRIBED IN THE DEED TO JOHN A. CHUCK ABOVE REFERRED TO; THENCE ALONG SAID LAST NAMED
SOUTHWESTERLY LINE NORTH 41 DEGREE 27' WEST 16.48 FEET TO THE POINT OF BEGINNING.
APN: 326 -17 -013