CC Resolution No. 08-042 Quitclaim 10585 San Leandro AveRESOLUTION N0.08-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FROM S1N CHON YONG AND YU PING LIN,
10585 SAN LEANDRO AVENUE, APN 357-OS-076
WHEREAS, Sin Chon Yong, a married man as his sole and separate property as
to an undivided fifty percent interest and Yu Ping Lin, a married man as his sole and
separate property as to an undivided fifty percent interest, all as Tenants in Common,
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, Lot 13, Block 4, as specifically described
in the map filed in the Office of the County Recorder of the County of
Santa Clara on the 4~h day of May, 1953 in Book 42 of Maps at Page 37.
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 April, 2008, by the following vote:
Vote Members of the City Council
AYES: Sandoval, Mahoney, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED: ..
. ~~ ~ ;,
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City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
10585 San Leandro Avenue
APN: 357-OS-076
Sin Chon Yong, a married man as his sole and separate property as to an undivided
50 percent interest and Yu Ping Lin, a married man as his sole and separate property
as to an undivided 50 percent interest. all as Tenants in Common,
hereinafter referred to as the "GRANTOR", this day of ~? ~- 2008,
hereby grants, bargains, assigns, conveys, remises, releases and forever quitcl ms 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 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 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.
OWNERS:
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Sin Chon Yo
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Yu Pin~~in
EXHIBITA
LEGAL DESCRIPTION
UNDERGROUND WATER RIGHTS
March 11, 2008
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 57, AS DESIGNATED AND DELINEATED UPON THAT
CERTAIN MAP ENTITLED "MAP OF LAS PALMAS MONTA VISTA," WHICH SAID MAP WAS FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, IN BOOK P OF MAPS, PAGE 17, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 57, AS SHOWN ON SAID
TRACT MAP;
THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 57, SOUTH 89°55'54" EAST,
90.12 FEET;
THENCE SOUTH 00°04'06" WEST, 84.88 FEET TO A CURVE TO THE RIGHT;
THENCE, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET,
THROUGH A CENTRAL ANGLE OF 103°14'42", AN ARC DISTANCE OF 36.04 FEET;
THENCE NORTH 76°41'12" WEST, 67.32 FEET TO A POINT ON THE WESTERLY LINE
OF SAID LOT 57;
THENCE ALONG THE WESTERLY LINE OF LOT 57, NORTH 00°04'06" EAST, 99.20 FEET
TO THE POINT OF BEGINNING;
CONTAINING 8,825 SQUARE FEET, MORE OR LESS.
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EYPiRES 12~'~0~
~ 6435 ~
PREPARED ON MARCH 11, 2008
LC ENGINEERING
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TOM H. MILD
EXPIRATION DATE
LS 6438
12/31 /2008
SHEET 1 OF 2
LC Engineering
2118 Walsh Avenue Suite 120, Santa Clara, CA 95050
Phone: (408) 806-7187 Fax: (408) 243-5072
UNDERGROUND WATER RIGHTS
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Tom H. Milo ~ AN ROAD \
n. No. 6438
moo. 12/i1 /2008
SHEET 2 OF 2
PLAT TO ACCOMPANY LEGAL DESCRIPTION
OF UNDERGROUND WATER RIGHTS LC ENGINEERING
LOT 57 MAP OF LAS PALMAS MONTA VISTA ~ ~,1,a ciaro, CAn95 ~ffe 120
A P N 3 5 7- 0 5 -12 ~ Phone: (408) 806-7187
CUPERTINO CALIFORNIA Fox: (408) 243-5072
SFIEET: SCALE DAIS DRING. NAYS PROJECT N0.
2 OF 2 i' ~ 80' 1/16 Sai Leaidro ~ndergramd ~wter rlghtaDWG
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
'~ State of California '
County of Santa Clara
On
~b~w~ 2~, ZOC~g before me, Lynette Quock, Notary Public,
LJ Date
personally appeared _~J1Y~ l~V l ~ ~ ~~. ~ ~ ~1 ~~c~ ~;~ ~r\
' ame(s) of Signer(Sj'
who proved to me on the basis of satisfactory evidence to be the persor s~vhose nam~ jai/are
subscribed to the within instrument and acknowledged to me that.k~sf~e/they executed the same in
1't1'~7l'f~/their authorized capacity es and that by f~i6~r/their signature,(~n the instrument the
person( or the entity upon behalf of which the persor s>~acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
1_ LYNETTE QUOCK
COMM. #1675722
NOTARY PUBLIC -CALIFORNIA -`~..
A SANTA CLARA COUNTY
] ' ~ " Yy Comm. Expires Jurte 17, 2010
WITNESS my hand and official seal.
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Notary Seal No a Signature
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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