CC Resolution No. 98-249- RESOLUTION NO. 98-249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KELVIN KANG AND
MARTHA SHAN PING KANG, TRUSTEES OF THE KANG REVOCABLE
TRUST DATED SEPTEMBER 19, 1994, 21900 LOMITA AVENUE,
APN 357-15-003
WHEREAS, Kelvin Kang and Martha Shah Ping Kang, Trustees of the Kang
Revocable Trust dated September 19, 1994, have executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming all their 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 described in Exhibit "A" and Exhibit "B", attached hereto and made a
part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 21900 Lomita Avenue, APN
357-15-003.
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 19~ day of October, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-003
21900 Lomita Avenue
Kelvin Kang and Martha Shah Ping Kang, Trustees of the Kang Revocable Trust dated
Seotember 19, 1994, hereinafter referred to as the "GRANTOR', this Zt2 day of-.~;~ 199~
, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY
OF CUPERTINO, a municipal.corporatiun, hereinafter referred to as the "GRANTEE", its
successors and assigns, ail the right, title, interest, estate, claim and demand, both at law and
in equity, and as well in possession as in expectancy of thc 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" & "B"
to pump, take or otherwise extract water from the underground basin or any underground
strata in the Santa Clam 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
lots to take from said underground basin within the said lots '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 lots delineated upon the above described map or to
authorize GRANTEE to make any withdrawal of water which will result in damage to any
building or structure erected upon said lots.
Resolution 98-249 attached.
This assignment, conveyance and authorization is made for the benefit of lots within the
above described plat and description and shall bind the owner of said lots within said plat and
description.
1N WITNESS WHEREOF, GRANTOR has executed this instmmem the day and year first
above written.
Trustees to Kang Revocable Trust
Dated September 19, 1994
(Acknowledgment and Notarial Seal Attached)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFO~qT'A~.,... OQCJ,-~
cou, w
Z~r proved to me on the basis of satisfactory eviaence) to b~e person(s) whose n~me(s)~re
~dbscribed to the within instrument and acknowledged to me that~/~e"they exesute~'~h~: same
in ~ ~r 't~eir authorizedc~p~- --'r~y(le~' ~";. ~.- ~,~ ~ '~,, ,~.-~ by ~,~r their sianature(s~_ . on tree inszrument '~,, ,=-
~.~,,,.~ or u,e entity upen behalf c, which ~ ~erson(sl -~' ~
WITNESS my hand anc official seal.
No, my public -
Santa Clam County
Jther sicnatures not 8ckno,,vleda="'"~--o " ~
q
EXHIBIT
DESCRIPTION OF LAND FOR OUITCLAIM DEED
FOR UNDERGROUND WATER RIGHTS
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being all of Section
84 as shown upon "MAP OF SUBDIVISION 'A' - MONTA VISTA", which
map was filed for record on April 11, 1917 in Book (Volume) 'P'
of Maps at Page 20, Santa Clara County Records.
Refer to EXHIBIT "B", PLAT, which is hereby made a part of this
description.
Date: July 28, 1995
APN: 357-15-003
Site: 21900 Lomita Ave.
N
~N
EXHIBIT "B"
P~T OF QUITC~IM DED FOR ~ER~O~ ~TER RI~S
TO THE CITY OF .CUPERTINO. ca.
Date: July 28. 1998 S~le:
00.5
~I,~00 LOM[TA AJ~c,