CC Resolution No. 03-193RESOLUTION NO. 03-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FROM HEUNG SER PARK, A SINGLE MAN
10823 MERCEDES ROAD, APN 342-42-044
WHEREAS, Heung Ser Park, a single man, has 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 20th day of October, 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT: None
ABSTAIN: None
ATTEST:
Chang, James, Lowenthal, Kwok, Sandoval
None
City Clerk {J
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342-22-044
Mercedes Road
Heung Ser Park, a single man, hereinafter referred to as the "GRANTOR", this
day of ~Oh~rm ~r' ,2003, 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 of Section 418 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 llth day of April 1917 in Book P of Maps at Page 15~ 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 authorize GRANTEE, its successors and assigns, on
behalf of the GRANTOR and its successors in ownership of overlying lands in the said
lots to take fi:om 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 Section
418 within the above described subdivision and shall bind the owner of said lot within
said subdivision.
iN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
'HeUng Ser ~k ~/ ~' / '
(Acknowledgment and Notarial Seal Attached)
ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of SAN
On O['R 1 7 2003 before me,
(DATEI
personally appeared .M.~$ ~-~ r~ ~ ~
[] personally known to me - OR - []
~ ~YUNG SAM HONG ~
-/~ Comm,#1316052 ~
M~OTABY P~BkIC-CALIFORNIA
~ .
(NOTARY)
' SIGNER($)
proved to me on the basis of satisfactory
evidence to be the person(~) whose name(jO
is/a~ subscribed to the within instrument and
acknowledged to me that {i~she/they executed
the same in l~¢/her/their authorized
capacity(iX), and that by ~/her/their
signature(~ on the instrument the person(~,
or the entity upon behalf of which the
person(~ acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE(S)
[] PARTNER(S)
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITY(lES)
OTHER
RIGHT THUMBPRINT ~
OF
SIGNER
APA 5/99 VALLEY-SIERRA, 800-362-3369