CC Resolution No. 02-217- RESOLUTION NO. 02-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM BIN XU AND CHI ZHANG, HUSBAND AND
WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP,
10465 BYRNE AVENUE, APN 357-12-038
WHEREAS, Bin Xu and Chi Zhang, husband and wife as community property with fight
of survivorship, 10465 Byrne Avenue, APN 357-12-038, 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 2nd day of December, 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT: None
ABSTAIN: None
Chang, James, Lowenthal, Kwok, Sandoval
None
ATTEST:
City Clerk
Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-038
10465 Byrne Avenue
Bin Xu and Chi Zhan2, husband and wife as community property with ri2ht of
survivorship, hereinafter referred to as the "GRANTOR", this /4.trC day of
1\1 Dill,.." be.,.- 2002, 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 ofthat 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 V alley 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 lot to take from said underground basin within the said lot 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 lot 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 lot.
This assignment, conveyance and authorization is made for the benefit of lot within the
above described plat and description and shall bind the owner of said lot within said plat
and description.
IN WITNESS WHEREOF, GRANTOR have executed this instrument the day and year
first above written.
OWNERS:
~~-~~~~~~~~~-~
@ K.P.ARIATHURAI
_ Commission # 1371721
i. Notary Public - California i
1 Alameda County f
My Comm. ExpireaAug 25, 2006
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Bin Xu
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Chi Zhang
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(Acknowledgment and Notarial Seal Attached)
EXHIBIT "A'
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
All of that real property situate in Santa Clara County, California described as follows:
Beginning at a point in the center line of Byrne Avenue formerly Buena Vista Avenue (40
feet wide) that is distant thereon South 150.00 feet from the intersection of said center line
with the East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision
Map no. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa
Clara County records; thence West and Parallel with the South line of said Tract No. 139
and the East prolongation of said line, 20.00 feet to the TRUE POINT OF BEGINNING of
this description arid the Westerly boundary of the annexation to the City of Cupertino
entitled UByrne Ave., 85-01" and the Westerly boundary of Byrne Avenue; thence leaving
said Westerly boundary and proceeding West 130.00 feet to a point on the Easterly
boundary of the annexation to the City of Cupertino entitled ."McClellan Road, 87-04";
thence proceeding along said annexation boundary North 50.00 feet; thence leaving said
Easterly boundary and proceeding East 130.00 feet to a point on the Westerly boundary of
the annexation to the City of Cupertino entitled HByrne Ave., 88-11" and the Westerly
boundary of Byrne Ave.; thence along said Westerly boundary and the Westerly boundary
of the annexation to the City of Cupertino entitled HByrne Ave., 85-01", South 50.00 feet to
the TRUE POINT OF BEGINNING.
Containing 0.149 acre more or less and being a part of the Southwest one-quarter of
Section 14, Township 7 South, Range 2 West, M.D.8.M.
J:VOBS\Xu\EXH f8IT-A. doc
8-15-02
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SCALE: 1" = 100'
EXHIBll B.-
PLAT TO ACCOMPANY
EXHIBIT 'A'
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
APN 357-12-038
ANNEXA TlON
0.149 AC (6,500 SQ. FT.)
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McCLELLAN
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CITY LIMITS OF CUPERTlNO
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CITY LIMITS 0 CUPERTINO
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SITE McCLELLAN RD.
- - - - CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
AUGUST 15, 2002