CC Resolution No. 00-048RESOLUTION NO. 00-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS THINH H. NGUYEN AND
RUBY T. NGUYEN, 10325 ORANGE AVENUE,
APN 357-15-060
WHEREAS, Thinh H. Nguyen and Ruby T. Nguyen 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 7~ day of February, 2000, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
Mayor, C~ty of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
10325 Orange Avenue
APN 357-15-060
Thinh H. Nguyen and Ruby T. Nguyen~ hereinafter referred to as the "GRANTOR*, this
day of~t~49~. , hereby grant, bargain, assign, convey, remise, release and forever
quitclaim unt6 the CITM 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.
OWNERS:
(Acknowledgment and Notarial Seal Attached)
Thinh II. Nguyen f ~
R~by T. ~'g~.lyen 7
CA. LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State Of California
Coumy of Santa Clara
On J~nuary 13, 2000 before me, Wai Ling Chu
DATE NAME, TITLE OF OFFICER · EG. "JANE DOE, NOTARY PUBLIC" '~
personally appeared Thinh H. Nguyen and Ruby T. Nguyen
Iii ~ersonally known to me - OR - I~ proved to me on the basis of satisfactory evidence
COMM. # 3243238
NOTARY PUBLIC
CALIFORNIA
SANTA C~RA COUNTY
EXPIRES DEC. ~, 2003~.
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged ~o me that he/she/they executed
the same in his/her/their authorized
capacity(Les), 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.
....
sloL~E 6~ NO'~RY' -
' "' '"' ...... OPTIONAL'
Thoogh the dala below is not required by law, il may prove valuable to persons relying on the document and could prevent
fraudulenl reattachmsnl of this Iorm.
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] CORPORATE OFFICER
DESCRIPTION OF AT[ACHED DOCUMENT
TITLE(S)
[] PARTNER(S) [] LIMITED
[] GENERAL
[] A'I-rORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCOMENT
SIGNER IS REPRESENTING;
NAME OF PERSO~(8) OR ENTITY(lES)
SIGNER(S) OTHER THAN NAMED ABOVE
~19U3 i'IA'I'IONAL NO I A,'NY ASSOCIATION · 8236 Hemmel Ave, P.O: Box 7184 · Canoga Park, CA 91309-7t84
'LEGAL DESCRIPTION ExHi~ZT
All tha= certain Real Property in the City of Cupertino, County of Santa Clara, State of
Portion of Secuion 114 and portion o~ Section 130, as shown on uhat ceruain Map entitled,
~p of Subdivision "A" ~4onta Vista, which Map was filed for record in the O£fice of the
Recorder of the County of San~a Clara, State of California, on April 11, 1915 in Book
of ~aps, Page 20, and being more particularly described as follows:
Beginning a= a point on the West line of Orange Avenue distant thereon South 0 deg 12'
55" wes= 70.00 fee= from the intersection thereof with the center llne of San Fernando
Avenue, as said Avenues are shown upon said ~ap; thence along the West line of Orange
Avenue South 0 deg 12' 55" W~st 55.66 feet; thence North 89 deg 59' 45" Wes~ and paral_~i
with the center line o.~_~ls.~Avsnue as shown upon said ~p 100.21 feet to a po~ on
uhe li~e dividing Sections 129 and x3'g~as show~ upon said ~aD; thence North 0 des 1~' 55
East along said line dividln~ Sections 129 and 130 and con~inuin~ along the line dividin~
Sections 114 and 115 as show~ upon said Map, 55.65 fee= ~o a point on said last na~ed
line distant thereon South 0 des 12' 55" west 70.00 feet from the intersection thereof
with ths center line of San Fernando Avenue; ~hence Eas~ and parkllel_with ~he cen~___er
line of San Fernando Avenue 100.21 f~et ~o the Point of Beginning.
EXfllBIT A
EXHIBIT B