CC Resolution No. 98-251RESOLUTION NO. 98-251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KEVIN C. H. AND LYNN
M. CHING, 22450 SANTA PAULA AVENUE, APN 357-05-023
WHEREAS, Kevin C. H. and Lynn M. Ching 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 22450 Santa Paula Avenue,
APN 357-05-023.
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 19th day of October, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cit~r~'~
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-05-023
22450 Santa Paula Avenue
Kevin C. H. Ching and Lynn M. Ching, hereinafter referred to as the "GRANTOR",
this L{ .. day of ~P~ , I9___,~ hereby grant, bargain, assign, convey,
remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal
corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the
fight, rifle, interest, estate, claim and demand, both at law and in equity, and as well in
possession as in expectancy of the GRANTOR as owner of Lot 39 & 42, of that certain
subdivision of real property situate in the Country of Santa Clara, State of California, and
specifically described in the map thereof filed in the Office of the County Recorder of the
County of Santa Clara on the llth day of Al~ril, 1917 in Book 68 of Mal~s at Pa~e 17,
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 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 98-251 attached. Page I of 2
This assignment, conveyance and authorization is made for the benefit of Lot 39 &
42~ within the above described subdivision and shall bind the owner of said lots within
said subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNERS:
Kevin C. 1t. Ching
L~In M. Ching ~/
(Acknowledgement and Notarial Seal Attached)
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