CC Resolution No. 98-278RESOLUTION NO. 98-278
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM SUE LEE Y1NN,
22460 PALM AVENUE, APN 357-04-071
WHEREAS, Sue Lee Yinn has executed a "Quitclaim Deed and Authorization",
which is in good and sufficient form, quitclaiming ail 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 Caiifomia, located at 22460 Palm Avenue, APN 357-
04-071.
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 164 day of November, 1998, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
ATTEST:
City Clerk ~7 ·
Mayor, City of Cupertino ~
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-004-071
22460 Palm Avenue
Sue Lee Yinn, hereinafter referred to as the "GRANTOR', this }??day of ~z'-A99--~','~'
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 GRANTOK 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 #98-278 attached)
This assignment, conveyance and authorization is made for the benefit of lots within the
above descr/bed plat and description and shall bind the owner of said lots within said plat and
description.
1N WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first
above written.
~e ~ee Ym~ ~ --
(Acknowledgment and Notarial Seal Attached)
- "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 2, 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 p~roperty line of said Lot, said point also being the northeast comer
of the Lot 2, running thence along the said southerly line of Palm Avenue N 89 deg. 53' 00" W
100.12 feet;
Thence leaving the southerly line of Palm Avenue S 00 deg. 07' 00" W 90.12 feet;
Thence S 89 deg. 53' 00" E 100.12 feet;
Thence N 00 deg. 07' 00" 90.12 feet to the Point of Beginning.
Containing: 9023 square feet, more or less.
0.207 acres, more or less
A.P.N.: 357-04-07~
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EXHIE31T l~
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTy OF ~'~c~-~,., ~t~'~_ )
On o~ _ b ~ - ~ ~V before me,
DATE
NAME, TITEE OF OFFICEF~- E.G., JANE DOE, NOTARY PUBLIC"
personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
(SEAL)