CC Resolution No. 07-159
RESOLUTION NO. 07-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FROM ZHIHONG LID, A MARRIED MAN AS HIS SOLE AND
SEPARATE PROPERTY, 10651 MERRIMAN ROAD, APN 342-16-031
WHEREAS, Zhihong Liu, a married man as his sole and separate property, has
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 as
follows:
All that certain real property situate in the City of. Cupertino, County of
Santa Clara, State of California, as shown and delineated on the attached
Exhibits "A" and "B".
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 18th day of September 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
I
Wang, Lowenthal, Mahoney, Sandoval
None
None
None
ATTEST:
APPROVED:
. ~
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QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
10651 Merriman Road
APN 342-16-031
Zhihonl! Lill. a married man as his sole and separate property. hereinafter referred to
as the "GRANTOR", this day of .2007, hereby grants, bargains,
assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its
successors and assigns, all the rights, titles, interests, estates, Claims and demands, 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 EXHIBITS "A" AND"B"
to pump, take or otherwise extract water from the underground basin or any underground
strata iri 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
I
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.
This assignment, conveyance and authorization are made for the benefit lots within
the above described plat and description and shall bind the owner of said lots within said
plat and description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
~
-
Zhihong Liu
(Acknowledgment and Notarial Seal Attached)
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
10651 Merriman Road
APN 342-16-031
Zhihonl! Liu. a married man as his sole and separate property. hereinafter referred to
as the "GRANTOR", this day of ,2007, hereby grants, bargains,
assigns, conveys, remises, releases and forever quitclaims unto the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its
successors and assigns, all the rights, titles, interests, estates, Claims and demands, 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 EXHIBITS "A" AND "B"
to pump, take or otherwise extract water from the underground basin or any underground
strata iri 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.
This assignment, conveyance and authorization are made for the benefit lots within
the above described plat and description and shall bind the owner of said lots within said
plat and description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
~
-
Zhihong Liu
(Acknowledgment and Notarial Seal Attached)
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
SURVEY IS NEEDED TO LOCATE THE EXACT LOCATION OF THE PROPERTY LINE.
REAL PROPERTY DESCRIBED PER "LEGAL DESCRIPTION", RECORDS OF THE COUNTY OF SANTA CLARA. AS FOLLOWS:
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PORTION OF LOTS 62, 63 AND 85, AS SHOWN UPON THAT CERTAIN MAP ENTITLED. "MAP OF INSPIRATION HEIGHTS,
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 11, 1917 IN BOOK "p" OF MAPS, PAGE 13, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF MERMAN ROAD (FORMERLY ALHAMBRA ROAD) DISTANT
THEREON NORTH 275.16 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE CENTER LINE OF SANTA
LUCIA ROAD, AS SAID ROADS ARE SHOWN UPON THE MAP ABOVE REFERRED TO; SAID POINT OF BEGINNING
BEING ALSO THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM
ANDREW I. ROBICHAUD ET UX, TO OLE M. JOHNSON ET UX, DATED JULY 31,1953 AND RECORDED JULY 31,
1953 IN BOOK 2694 OF OFFICIAL RECORDS, PAGE 71, SANTA CLARA COUNTY RECORDS: THENCE FROM SAID
POINT OF BEGINNING WEST ALONG THE NORTHERLY LINE OF LAND SO DESCRIBED IN THE DEED TO SAID
JOHNSON, 150.00 FEET: THENCE NORTH AND PARALLEL WITH SAID CENTER LINE OF MERRIMAN ROAD, 71.29
FEET: THENCE SOUTH 89.40' EAST, 150.00 FEET TO A POINT IN SAID CENTER LINE OF MERRIMAN ROAD:
THENCE SOUTH ALONG SAID CENTER LINE OF MERRIMAN ROAD, 70.24 FEET TO THE POINT OF BEGINNING.
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PROPERTY
LINES, TYP,
PROJECT ADDRESS:
10651 MERRIMAN RD,
CUPERTINO, CA95014
APN #342-16-032
PROPOSED 2-STORY
NEW RESIDENCE
AREA QUIT CLAIM DEED FOR
UNDERGROUND WATER RIGHTS
1/16"-1'-0.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
}..
County of ~ -Sa Y'\io. ~c1..rcL.
On .s~+e~( ~ l '2.001 before me, Ktm rYla.r~Q Sm.~ Nc5lar'f' PubJ;~
Date . Name and 11tla 01 Dmcer (a,g" "Jana Doa, Notary Publici
personally appeared ? h', V\CJv'\.Q J...J.l)
~ Name(s) 01 Slgnar(s)
o personally known to me
~ proved to me on the basis of satisfactory
evidence
I.-~=:-l
Notary PlbIIc . CaIforna f
IanIa CIaIa Countv d
4. _ ~ ~~~~~2
to be the person~ whose name(s) is/life
subscribed to the within instrument and
acknowledged to me that he/~y executed
the same in his/~ir authorized
capacity(~, and that by his/fletTtf:teir
signature~ on the instrument the person~, or
the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
~~.
Slgnature 01 Notary ublle
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