CC Resolution No. 9340
RESOLUTION NO. 9340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM CLEMEN G, JUE AND MID
CHIANG, 10120 CRESCENT ROAD CAPN 326-17-023)
WHEREAS, Clemen G, Jue and Miu Chiang, have executed a "Quitclaim Deed
and Authorization" which is in good and sufficient for, 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 in the attached Exhibit "A" and Exhibit "B", 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 be and she 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 15th day of Mil)', 1995, by the following vote:
YQ1!:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Koppel, Sorensen, Dean
None
None
None
ATTEST:
APPROVED:
Isl Kimberly Smith
City Clerk
Isl Wally Dean
Mayor, City of Cupertino
QUITCLAIM DEED AND AUmORIZATION
FOR UNDERGROUND WATER RIGHTS
10120 Crescent Road
APN 326-17-023
Clemen G. Jue and Miu Chian!! Jue hereinafter referred to as the "GRANTOR', this s-!:b.
day of ~199S: 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 that certain real property situate in the County of Santa Clara,
State of California, and specifically described as follows:
SEE ATTACHED EXIllBIT "N' & "B"
to pump, take or otherwise extract water 1Ì'om 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 1Ì'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 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,
OWNER:
~ 4-~<L
Clemen ,Jue...... /
?1~~~,-
Miu Chiang Jue t/
<Acknowledgment and
Notarial Seal Attached)
EXHIBIT A
All that real property situate in the City of Cupertino, County of Santa
Clara. State of California described as follows:
BEGI"I.G at an angle point in the Southwesterly line of that certain 10.06
acre tract described in the deed to John A. Chuk, recorded August 17, 1940
in Book 993 Official Records at page 591 Santa Clara County Records; thence
from said point of beginning N01 °08' 00" W 110.40 feet; thence S85°00' 00" E
133.48 feet; thence N01°08'00"W 100.00 feet to a point in the Northeasterly
line of the aforementioned 10.06 acre tract: thence along said Northeasterly
S43001 '21" E 203.39 feet; thence S50029' 00" W 233.81 feet; thence
N41°27'00"W 33.10 feet; thence SOo025'00"W 30.00 feet; thence S76048'00"W
6.57 feet to a point in the Northeasterly line of Crescent Road; thence
along said Northeasterly line of Crescent Road along a curve to the left
with an initial tangent bearing N13025'04"W. a radius of 220.00 feet. an
internal angle of 28°01' 56" and length of 107.64 feet to a point of
tangency; thence N41°27'00"W 14.48 feet to the POEIr or BEGI"LIG.
Containing 0.922 acre and being a part of said 10.06 acre tract in the
Rancho San Antonio and part of Section 9 as shown on the Hap of
Russellhurst. Honta Vista, filed on April II, 1917 in Book P of Haps at page
22 Santa Clara County Records. '
AREA: 40,163 SQ. FT. )
0.922 ACRE
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EXHIBIT B
PLAT TO QUIT CLAIM
UNDERGROUND WATER RIGHTS
TO THE CITY OF CUPERTINO
STATE OF CALIFORNIA
County of ,~--\=. <::'-LCLVU>-
Title or type of Document
Number of Pages Date of Document
Signer(s) Omer lhan named below
On
S-s-<;s-
C I t"VYI t -"-
before me
(;... -Tu.t:.
L.. F vte d..:- a I..- "I£j
~ """ L"'- ~ leu" .!
::::J'iÃ.-e..-
personally appeared
personally known 10 me (or proved 10 me on lhe basis of salis factory evidence) to be me person(~) whose name(s) is/are
subscribed 10 the within instrument and acknowledged 10 me that he/she/they executed the same in his/her/their aulhorized
capacity(ies), and thaI by his/her/their signature(s) on the instrumenllhe person(s), or the enlity upon behalf of which
the person(s) aCled, executed the inslrument.
WITNESS my~ a~fficial seal, ,
Stgnaturec:K.±.... ..J; A -~
Notary Public in and for said County and State
(Seal)
......--...---------(
,! L. FREDERICKS ¡:
o Comm, #977667 "
~ orARY puallc CAlIFORNIAWO
~ SANTA CLARA COUNTY
Comm. Expires Nov, 8. 1* ....
STATE OF CALIFORNIA
Tille or type of Document
Number of Pages Date of Document
Signer(s) Omer lhan named below
County of
On
before me
personally appeared
personally known to me (or proved to me on the basis of salisfaclory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged 10 me thaI he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/lheir signature(s) on the instrument the person(s), or the entity upon behalf of which
lhe person(s) acted, execuled the inslrument,
WITNESS my hand and official seal.
Signature
Notary Public in and for said County and Stale
(Seal)
UD01 (Rev. 4/94)