CC Resolution No. 9972RESOLUTION NO. 9972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KELVIN KANG AND
MARTHA SHAN PING KANG, APN 357-15-005, 21850 LOMITA AVENUE
WHEREAS, Kelvin Kang and Martha Shan Ping Kang 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 in the attached
Exhibit "A" and Exhibit "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 6th day of October, 1997, by the following vote:
Vote
Members of the City_ Council
AYES: Burnet t,
NOES: None
ABSENT: None
ABSTAIN: None
Chang, Dean, Sorensen, Bautista
ATTEST:
APPROVED:
, City- ~ 4u~t-ino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-005
21850 Lomita Avenue
Kelvin Kang and Martha Shah Ping Kang. Trustees of the Kang Revocable Trust
dated September 19, 1994, hereinafter referred to as the "GRANTOR', this Z~:~ day of
199..~_, 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 EXHIBIT "A" & "B"
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 lefts 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 insmament
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:
(Acknowledgrnem and Notarial Seal Attached)
EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM
FOR UNDERGROUND WATER RIGHTS
DEED
All that certain real property situated in the County of
Santa Clara, State of California, being all of Section 82 as
shown upon "MAP OF SUBDIVISION "A"-MONTA VISTA", which map was
filed for record on April 11, 1917 in Book "P" of Maps at Page 20
Santa Clara County Records.
Refer to EXHIBIT "B", PLAT, which is hereby made a part
of this description.
Date: July 25, 1997
APN: 357-15-005
City File No.: 52,090
Address: 21850 Lomita Avenue
1oo./~-
I~ A ~I 6 TO Cz T/ $F CuPE,,~'TzAIO, c_.4.
A?,¥.. ~57- /5-00.5 C,'t.y F,'/e. ' 52,0~
COUNTY OF
On ~ - ' " ," '' , . .
evidence) Io ~ the pemon(s) whose names) i~are sub~ribed to the
~thin instm~nt and ackn~ged to me that he/she/they executed
the ~e in hi~er~heir aut~z~ capacity~es), and tha[ ~ hi~er~heir
signature(s) on the instrument the person(s), or the entity upon behalf
of which t~ pemon(s) a~ed, execuled the instrument.
WITNESS my hand and official seal ..
GTC o~eA (1.o"i),
FOR NOTARY SEAL OR STAMP