CC Resolution No. 00-136RESOLUTION NO. 00-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS ALLEN K. HSU AND CINDY S. HSU,
22360 SANTA PAULA AVENUE, APN 357-05-035
WHEREAS, Allen K. Hsu and Cindy S. Hsu 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 1st day of May, 2000, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT: None
ABSTAIN: None
Bumett, Chang, James, Lowenthal, Statton
None
ATTEST:
City Clerk J -
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-05-035
22360 Santa Paula Avenue
Allen K. Hsu and Cindy S. Hsu, hereinafter referred to as the "GRANTOR', this day of
}999_, 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.
OWNERS:
(Acknowledgment and Notarial Seal Attached)
Allen K. Hsu
"EXHIBIT A"
QUITCLAIM DEED
UNDERGROUND WATER RIGHTS TO THE CITY OF CUPERTINO
DECEMBER, 1999
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows;
Ail of Lots 74, 74A, 75, 76A and a portion of Lot 76 are 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 11, 1917 in Book P of Maps,
at Page 17, and more particularly described as follows:
Beginning at the point of the northwest comer of said Lot 74A, thence running on Southerly line
of Santa Paula Avenue ( 40.00 feet wide) S 89 deg. 53' 00" E 150.12 feet:
Thence nmning S 00 deg. 07' 00" W 200.24 feet;
Thence running N 89 deg. 53' 00" W 150.12 feet;
Thence running N 00 deg. 07' 00" E 200.24 feet; to the Point of Begirming.
Containing:
A. P.N.:
30,060 square feet, more or less.
0.69 acres, more or less
357- 05- 035
25538
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NOT TO ~,CAIE
EXHIBIT J~
~ate of California
bounty of Santa Clara
On Apri~ z4. 2000 , before me, G. SWANSON,
Notary Public, personally appeared
A~]Len K. Hsu and Cindy S. Hsu
a
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 ~vithin instrument and acknowledged to 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 their entity upon behalf of which the
person(s) acted, executed the instrument.
W'TNESS my hand and official seal.
G. Swanson
(Seal)