CC Resolution No. 99-303- RESOLUTION NO. 99-303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KELVIN KANG AND
MARTHA KANG, TRUSTEES OF THE KANG REVOCABLE TRUST
DATED SEPTEMBER 15, 1994; 10334 MIRA VISTA ROAD, APN 357-02-021
WHEREAS, Kelvin Kang and Martha Kang, Trustees of the Kang Revocable
Trust Dated September 15, 1994, 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 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 18~ day of October, 1999, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Mayor, City of~u~rtino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
10334 Mira Vista Road
APN 357-02-021
'Kelvin Kang and Martha Kang, Trustees of the Kang Revocable Trust dated
September 15, 1994, hereinafter referred to as the "GRANTOR', this f2^ day of
1999~, 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 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 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)
OWNERS:
Trustees of the Kang Revocable Trust
Dated September 15, 1994
/
.~el¢in Kany
mart K g /
EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM
FOR
UNDERGROUND WATER RIGHTS
DEED
Ail that certain real property situated in the City of
Cupertino, County of Santa Clara, State of California, being
all of Lot 24 of Tract No. 1113, a map of which was filed on
February 9, 1954 in Book 48 of Maps at pages 8 and 9, Santa
Clara County Records.
Date: August 26, 1999
Address: 10334 Mira Vista Rd., Cupertino
TIP. AcT
LOT Z4-
48 M,AP~ P.
i°A LN1 AVE
10:554- Mira. Vista Rd.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CAI ! FORN]A
Countyof SANTA C.!ARA.
On 8TH OCTOBER 1999. beforeme, ZIGGIE DUDZIUK-NOTARY PUBLIC.
personally appeared KELVIN KANG,MARTHA KANG.- .....
Name(s} of Signer(s}
[] personally known to me - OR -,~proved to me on the basis of satisfactory evidence to be the person(s)
whose name(sJ,,iS/are subscribed to the within instrument
and acknowledged to me that Ae/~Te/they executed the
same in .bJsfl~er/their authorized capacity(ies), and that by
hisCt~r/their signature(s) on the instrument the person(s),
~~-.-~.-.~.~,~.~/ or the entity upon behalf of which the erson s act ,
~~/~ml~,~U~'( ~ executed the instrument. ~ P ( ) ed
~ ~ _ SANTA CLARA COUNTY 0 WITNESS my band a~effic~l .~
hough the ,nlormat,o, belo~ is n~{requlred by law, It m~b[~t0 p~sons relying on the d~u~ent and could prevent
Description of A~ached Document
~tle or Type of Document: QUZTCLA[H DEED AND ATHOR[ZAT[ON FOR UNDERGROUND
WATER RIGHT~S.
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
.,~ndividual
orporate Officer
Title(s):
E~ Partner-- [] Limited [] General
[] Attorney-in-Fact
~...Trustee
[] Guardian or Conservator
[~3 Other: ~op of lhumb h
Signer Is Representing:
Signer's Name:
Number of Pages: _.
[] Individual
[] Corporate Officer
Title(s):
[] Partner -- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing: