CC Resolution No. 99-054RESOLUTION NO. 99-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM SHYH-HLrNG YINN,
10330 IMPERIAL AVENUE, APN 357-09-051
WHEREAS, Shyh-Hung Yinn has executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming all his 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 16~ day of Febrnary, 1999, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
APPROVED:
ayo, C'ty of C/~pertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
.APN 326-19-051
10330 Imperial Avenue
Shyh-Hung Yinn, hereinafter referred to as the "GRANTOR', thi~2_ 9~ '~' d~ay of c~~-'~ 199_~
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, ail 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 Caiifomia, 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 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 insmnnent 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 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 WHEREOF, GRANTOR has executed this instrument the day and year first
above written.
(Acknowledgment and Notarial Seal Attached)
S~yh-Itung yin~n/ /
Resoluion No. 99-054 attached.
"EXHIBIT A"
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at the point on the line 5.00 feet east and parallel with Easterly line of that certain 4.95
acre tract of land conveyed by David M. Noonan, et ux, to Samuel E. Hawley, et ux, by Deed
dated June 15, 1943 and recorded June 18, 1943 in book 1147 of Official Kecords, Page 270,
distant thereon, South 300.00 feet from the point of intersection thereof with the Southerly line
of Olive Street as established by Deed from David M. Noonan, et ux, to County of Santa Clara,
dated September 18, 1939 an~d recorded November 3, 1939 in Book 952 of Official Records,
Page 471; thence running parallel with Southerly line of Olive Street, N 89 deg. 57' 30" E,
130.00 feet to a point in the Westerly boundary line of existing annexation 0-83;
Thence along the said Westerly boundary line of existing annexation 0-83, South 75.00 feet;
Thence leaving said Westerly boundary line of existing annexation 0-83 and running parallel
with said Southerly line of Olive Street, S 89 deg. 57' 30" W, 130.00 feet;
Thence North 150.00 feet to the Point of Beginning.
Containing: 9,750 square feet, more or less.
0.224 acre, more or less
A. P.N.
357- 19- 51
.,Oo'.~L
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
s'r^r~ o~ c^u~o~, )
On
DATE NAM.E, TITLE O~ OFFICER - E.G., "JANE OOE, NOTAP~ PUBLIC"
personally appeared, ~/~"/~ - H~,~ ~';'~/'7
personally known to me (or prc~ved/to me on the bJasi~ 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.
NOTARY PUBLIC SigNATURE
(SEAL)
OPTIONAL INFORMATION
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