CC Resolution No. 01-056RESOLUTION NO. 01- o36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM WILLIAM JOSEPH CHOE,
10388 BYRNE AVENUE, APN 357-14-032
WHEREAS, William Joseph Choe 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"
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
Qmtclmm Deed and Authorization so tendered; an
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 5th day of March, 2001, by the following vote:
Vote
Members of the City Council
AYES: Burnett,
NOES: None
ABSENT: None
ABSTAIN: None
Chang, James, Lowenthal
ATTEST:
APPROVED:
"~layor, City of Cdpa~c~no
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-14-032
10388 Byrne Avenue
William Joseph ChQe, hereinafter referred to as the "GRANTOR", this /O '~7'~day of
t~v~ r2_/,%~ ,20-0 [, hereby grant, bargain, assign, convey, remise,
o
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 Lot 138, of that certain subdivision of real
property situate in the County of Santa Clara, State of California, and specifically
described in the map thereof filed in the Office of the County Recorder of the County of
Santa Clara on the 11th day of April~ 1917 in Book P of Maps at Page 20, 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.
RECORDING REQUESTED BY
Financial Title Company
AND WHEN RECORDED MAIL TO
William Cboe .......
10388 Byme Ava
Cupertino, CA 95014
DOCURENT; 14905356
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Financial Title Company
Titl®s:l / Pages: 3
Taxos.** 484.~0
Copioa,.
AHT PAID 5~7,98
RDE ~ ~B9
7/21/1999
8;9~ AH
GRANT DEED
THE UNDERSIGNED G . .F~.OR($) DECLARE(s) Documentary Tmnsfar Tax is 5484.0o
City ~': ' .or '~ U~I~ ~ ~ ~mpu~ ~ ~11 va[~ 0f ~r~t Or ~pe~ ~nveyed. ~
CI~ ~n~n~ T= 15 ~- D ~11 ~lue ~ ~lue ~ liens or en~mbmn~s remaining at
Pa~l NO. 3~T.1~32 ~e ~me of sale
FOR A VALUABLE CONSIDE~TION, m~ipt of which is hereby ac~owledged,
John J. Heilman Jr. and Faustene V. Heilman, husband and wife as communi~ prope~
and Ed~rd A. Enos, a married man as his sole and sepa~te propeAy
hereby G~NTCs) to
the following real prope~:
e ~hiblt A a~ched hereto and made a paA hemof.~
Dated: July 13. 1999
STATE OF CAL,~OR.~!IA
COL'~TY OF S,~m
On July t3. 1999 before me.
e No~7 Pubilc in ~ ~ ~=id Coun~ ~ Sam, p~]y
£dwnrdA.£nos
(This a~ falr o~le~.l ~omfltJ ~cal)
MAIL TA3( STATEMENTS 1'O PARTY SHOWN ON THE FOLLOWING UNE; IF NO PARTY SHOWN, MAIL. AS DIR~,m=D ABOVE
Sm~ of ~lifomia
~un~ of ~n Dido
f ~ Zgg9 ~m me, ~, ~llo, No~ Public, ~na?~
On ~a ~ , · f ~U~ evlden~
m ~ ~e ~ w,o~ 9~m~_~. -~me in his a~odz~ ~, and
· at by his signa~m on me m~men~ u~ ~,~- ~ .... · ~ ..:.'_ ..
................................ O~O~L ..... --
D~ripfion of A~ch~, ~ment
~ or ~ of ~m~t. Grant ~
~um~t Dam: O~/~E/~ Numar
Signer(~) O,er ~an Na~-- ~:
~c~ ~aim~ by ~gnen
~neds Na~: Sign.s Na~:
~ ~dividual ~ ~u&
-- -'-~ :
B
Q ~ .... Q. ~e: .
Signer is ~ng: ~a~ · ~ng.
All that certain real property situate in the Unincorporated Area, County of Santa Ctara, State
of California, describe¢l as foltows:
that certain Map entitled, "Map of Subdivision "A" Monta Vista",
All of Lot 435, as shown on -, .,-- -~,-.. -, he Recorder of the County of Santa Clara,
.~.l.~. u~. was filed.for. ~'ecoro tn ,.= ~,,,,,-~ --f t, _ ........ ~ on.
in Soo "P' o, ,,.ps, .. "'
EXCEPTING THEREFROM the Northerly 20' of the premises known as Alcazar Avenue as
deeded to the County of Santa Clara by instrument recorded February 8, 1962 in Book 5899 of .
Official Records, page 300.
State of California
County of 5~/~Qr/7~t~
Acknowledgement
)
On /~/~ / ~:~f~ ~O/ before me, ~ 7~/"7' ~ C ~/~2
personally appeared [.!-/~'Ill'ff./lb( ~05~9~ ~D~ ;erson"l!y _t'-m-n ~o m~. (nt proved
to me on the basis of satisfactory evidence) to be the persont'~ whose name(h.) is/an~ subscribed to
the within instrument and acknowledged to me that he/sh~'d,.y executed the same in his,'.'.,¢r/t,',,c[r
authorized capacity(lea) and that by his,.'her~Jthcb- signature(s) on the instrument the person(~ or
the entity upon behalf of which the person(3-), acted executed the instrument.
WITNESS my hand and official seal
NOTARYSEAL
NOTARY SIGNATURE
Patti J. O'Brien