CC Resolution No. 03-171 RESOLUTION NO. 03-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING
ROGER LOW AND GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
JING-LING LOW, HUSBAND AND WIFE, AS JOINT TENANTS TO
AN UNDIVIDED 1/3 INTEREST, AND SHERMAN TUAN AND YUN ZHENG, HUSBAND
AND WIFE, AS JOINT TENANTS TO AN UNDIVIDED I/3 INTEREST, AND SHENG HWA
HO AND WEI~TAI-FEN HO, HUSBAND AND WIFE, AS JOINT TENANTS TO AN
UNDIVIDED 1/3 INTEREST, AS TENANTS IN COMMON, 22291 JANICE AVENUE,
APNS 357-01-017, -018
WHEREAS, Roger Low and Jing-Ling Low, husband and wife, as Joint Tenants to an
undivided I/3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as Joint Tenants to
an undivided 1/3 interest, and Sheng Hwa Ho and Wei-Tai-Fen Ho, husband and wife, as Joint
Tenants to an undivided 1/3 interest, as tenants in common, have executed a Grant of Easement
for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino,
County of Santa Clara, State of California, easement over certain real property for roadway
purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit
"B", attached hereto and made a pan hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, located at 22291 Janice Avenue, APNs 357-01-017, 018
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so
tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
grant and this resolution.
Cupertino this 15th day of September 2003,
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
by the following vote:
Vot~e
AYES:
NOES:
ABSENT:
ABSTAiN:
Members of the City Council
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
ATTEST:
//~PROVED: ~ ~
Mayor, ~rti~o (~
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-01,017 & 357-01-018
22291 Janice Avenue
Ro er Low and Jin -L'm Low husband and wife as Joint Tenants to an undivided
1/3 interes and Sherman Tuan and Yurt Zhen husband and wife as Joint Tenants
to an undivided 1/3 interes and Shen Hwa Ho and Wei-Tai-Fen Ho husband and
wife~ as Joint Tenants to an undivided 1/3 interest, as tenants in commo,,, hereinafter
referred to as the "GRANTOR", this 25th day of. July _, 2003, hereby grants,
bargains, assigns, conveys, remises, releases and forever quitclaims 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 bas/n 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:
Yun Zheng
· Sl~eng H,wa Ho /r
Wei Tai-Fen Ho~
Jing-f~ing Low'Fi
Sherman Tuan
(Acknowledgment and Notarial Seal Attached)
EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM DEED FOR
UNDERGROUND WATER RIGHTS TO THE
CITY OF CUPERTINO, CALIFORNIA
Ail that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being all of Lots 58
and 66 and the westerly 80 feet of Lots 57 and 67 of "Map of
Inspiration Point, Monta Vista", which map was filed on April 17,
1917 in Book (Volume) .p- of Maps at page 18, Santa Clara County
Records.
Refer to Exhibit "B", PLAT, which is made a part of this
description.
Date: April 23, 2003
APN: 357-01-17 & -18
City file No. 52,355
Address: 22,291Janice Ave.,
Cupertino
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STATE OF California
COUNTY OF ... Santa Clara
On July 17, 2003 before me, Joan Lamborn, Notary Public
(Name, Title of Officer)
personally appeared Yun Zhen,q and Sherman Tuan and Danny Lee
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 within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacitylies), and that by his/her/their signature s) on the
instrument the person(s, or the entity upon behalf of which the person s) acted, executed the
nstrument
(This area for notarial seal)
STATE OF California
COUNTY OF. Santa Clara
On July 25, 2003 before me, L. Fredericks
(Name, Title of Officer)
personally appeared.. RoRer Low and Jinq-Lin,q Low
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 within 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 the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNES my hand and. official seal.
(Signature of Notary Public)
(This area for notarial seal)