CC Resolution No. 01-057RESOLUTION NO. 01- o~z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM PEIZHEN ZHANG AND
XIAO-BAI GU, 21905 SAN FERNANDO AVENUE, APN 357-15-046
WHEREAS, Peizhen Zhang and Xiao-Bai Gu 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 5~ day of March, 2001, by the following vote:
Vote
Members o__f the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
M~y0r, City of ~'up~'~o '
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-046
21905 San Fernando Avenue
Peizhen Zhang and Xiao-Bai Gu, hereinafter referred to as the "GRANTORS", this
day of ~-~/~ , ~' 2001, 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 GRANTORS as owners 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 GRANTORS hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTORS 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.
1N WITNESS WHEREOF, GRANTORS have executed this instrument the day and year
first above written.
OWNERS:
(Acknowledgment and Notarial Seal Attached)
EXHIBIT "A"
DESCRIPTION OF LAND FOR OUITCLAIM
FOR
UNDERGROUND WATER RIGHTS
DEED
Ail that certain real property situated in the City of Cupertino,
County of Santa Clara State of California, described as follows:
BeginninG at the point of intersection of the centerline of
San Fernando Avenue (40 feet wide) with the West line of Section
108 accordinG to the Map hereinafter referred to; thence East
alonG the centerline of San Fernando Avenue, 50 feet; thence
North and parallel with the West line of said Section 108, 168.42
feet to a point that is distant South 160.82 feet from the
centerline of Almaden Avenue; thence West and parallel with the
centerline of Almaden Avenue 50 feet;, thence South 168.42 feet
to the point of beginninG; beinG a portion of Section 108 of
"Map of Subdivision'A' Monte Vista", which Map was filed for
record in the Office of the Recorder of the County of Santa
Clara, State of California in Book (Volume) "P" of Maps at Page
20.
Date Jan. 18, 2001
APN: 375-15-46
Address: 21905 San Fernando Ave., Cupertino
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?LA'T OF ~LJITCLAI/vl DEED
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cuP£R~'/I~O , cA.
;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califo/nia ~ . I ~
/'"' ~ ss ~
~ personally known to me
~proved to me on the basis of satisfacto~
v~eRce
to be the person(s) whose name(s) ~/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in .l~"..g~'~-dtheir authorized
capacity(ies), and that by ~r/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, execut~d/j/~.t~)e instrument.
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 ~l~curpen~ .
Document Date: ~ J'-~f'~ //~ / Number of Pages;
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
..,,;.,~lr's Name:
ual
orporate Officer -- Title(s):
[] Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
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