CC Resolution No. 98-253- RESOLUTION NO. 98-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOP,
UNDERGROUND WATER RIGHTS PENG-CHENG LIN AND SUE-MAY JIN,
22310 JANICE AVENUE, APN 357-02-031
WHEREAS, Peng-Cheng Lin and Sue-May Jin 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 22310 Janice Avenue, APN 357-
02-031.
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:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
ATTEST:
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-02-031
22310 Janice Avenue
Peng-Cheng Lin and Sue-May Jim hereinafter referred to as the "GRANTOR", this
J'ql)/ , 192~ hereby grant, bargain, assign, convey,
day
of
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
right, title, 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 46, 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 9th dav of February, 1954 in Book 48 of Maps at Pa~e 8
and 9, 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 ail 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.
Page 1 of 2
Attached Resolution 98-253
This assignment, conveyance and authorization is made for the benefit of LOt 46,
within the above described subdivision and shall bind the owner of said lots within said
subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this in.stmment the day and
year first above written.
OWNERS:
Su
(Acknowledgement and Notarial Seal Attached)
Page 2 of 2
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
a Not~rY P.~blic in ,a~.d for said State, personally appeared
~rove~to me on fhe basis of satisfactory egidence) to be the person(s) whose
name (s) Mare subscribed to the within instrument and acknowledged to me that
h~/'~J~-/they executed the same in .b~/~Z~their authorized capaclty(ies) , and
that by b/~/~their signature(s) on the instrtunent the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signed
Comm. # 1057827