Loading...
CC Resolution No. 98-277RESOLUTION NO. 98-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM SHUN-LUNG CHAO AND WA-LEE YINN CHAO, 22464 PALM AVENUE, APN 357-04-070 WHEREAS, Shun-Lung Chao and Wa-Lee Yinn Chao 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 particularly 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 22464 Palm Avenue, APN 357- 04-070. 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 16~' day of November, 1998, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: BURNETT, DEAN, JAMES, STATTON, CHANG NONE NONE NONE ATTEST: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357-004-070 22464 Palm Avenue Shun-Lung Chao and Wa-Lee Yinn Chao, hereinafter referred to as the "GRANTOR', this day of .199m, 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 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 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 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 m 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 #98-277 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. IN WITNESS W-HEREOF, GRANTOR has executed this instrument the day and year first above written. Shun-Lung Chao (Acknowledgment and Notarial Seal Attached) Wa-Lee Yinn Cl~o "EXHIBIT A" All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows; All of Lot 17 & 17A, as shown upon that certain Map entitled, "MAP OF LAS PALMAS, MONTA VISTA" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 1 lth, 1917 in Book "P" of Maps, at Page 17, and more particularly described as follows: Beginning at the point of intersection of the southerly line of Palm Avenue ( 60 feet wide ) with the easterly boundary of the/~roperty line of Lot 17A, said point also being the northeast comer of the said Lot, running thence along the said southerly line of Palm Avenue N 89 deg. 53' 00" W 25.00 feet; Thence leaving the southerly line of Palm Avenue S 00 deg. 07' 00" W 190.24 feet; Thence S 89 deg. 53' 00" E 100.12 feet; Thence N 00 deg. 07' 00" E 100.12 feet; Thence N 89 deg. 53' 00" W 75.12 feet; Thence N 00 deg. 07' 00" E 90.12 feet to the point of beginning. Containing: 12,270 square feet, more or less. 0.282 acres, more or less A. P. N.: 357 - 04 - 070 ~E~q"5~'OO'W ~5.12~ t~l ~ ~57-o,f--a70 _-6~l~ : 1%4o' frO. B~' 20~o2