CC Resolution No. 09-082 Quitclaim Deed, 1151 S. Stelling RdRESOLUTION N0.09-082
A RESOLUTION OF THE CITY COUN(~IL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AU"I'HORIZATION FOR UNDERGROUND
WATER RIGHTS, CHA EUN PARK AND DAVID CHON, AND YOUNG BIN PARK
AND IN SUNG PARK, 1151 S. STERLING ROAD, APN 362-22-016
WHEREAS, Cha Eun Park and David Chon, and Young Bin Park and In Sung
Park, have executed a "Quitclaim Deed an<i Authorization", which is in good and
sufficient form, quitclaiming all 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 situated in the City of Cupertino, more particularly
described as follows:
All that certain real property situated in the City of Cupertino, County of Santa
Clara, State of California, as shown in t:he attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
"Quitclaim Deed and Authorization" so tenderf;d; 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 June, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the (~ity Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
xG~~
City Clerk
APPROVE
M r, City of C ertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 362••22-016
1151 S. Stelling Road, I~upertino, CA 95014
Cha Eun Park and David Chon, wife and husband, and Young Bin Park and In Sung
Park, husband and wife, as tenants in common, hereinafter referred to as the
"GRANTOR", this ~~ day of ~_, 2009, 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 S~mta Clara, State of California, and
specifically described as follows:
SEE ATTACHEI;- EXHIBIT "A"
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 GRAI\fTOR 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 legal description or to authorize GR~INTEE 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 lot within
the above described legal description and shall bind the owner of said lot within said legal
description.
IN WITNESS WHEREOF, GRANTOF: has executed this instrument the day and
yeaz first above written.
OWNERS:
,~
C;ha dun P
avid Chon
Yo Bin Pazk
In ung Pazk
(Acknowledgment and Notarial Seal Attached)
EXHIBIT' "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN TH1= CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot 5, as shown on that certain Map entitled Tract No. 2591 Huntindon Village, which Map was filed for record in the
Office of the Recorder of the County of Santa Clara, State of C~~lifornia, on December 09, 1959 in Book 114 of Maps at
page(s) 35.
Excepting therefrom the underground water or rights thereto v~~ith no rights of surface entry, as conveyed to San Jose
Water Works, a California corporation, by Deed recorded Marcie 18, 1960 in Book 4729, Page 521 of Official Records.
APN : 362-22-016
CALIFORNIA ALL-PIURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara .
On ~~ ~~ before me, ,Notary Public
ATE NAME, TITLE OF OFFICER"
personally appeared C~r~ ~`k ff ;~U~ r~ 1ro1~t~,1 g~N ,~/ltik ~,~~N~
NAME(S) OF
who proved to me on the basis of satisfact~~ry evidence to be the person(s) whose name(s) is/are
subscribed to the avithin instrument and aclrnowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), artd 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~- •::"' JISOOK S, KIM ~
''nn Comm. # 1580944 rr~~
V! a A~ ' ~~ NOiA.Y PUALIC-CALIFORNIA VI
' ~ Soa!a Clara County
%~~" My Camm. Expires Mcy 21, 2^
AR
This area for notarial seal
OPTIONAL
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on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED
^ INDIVIDUAL
^ CORPORATE OFFICER
TITLE(S)
^ PARTNER(S) ^ LIMITEiD
^ GENER-AL
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SIGNER IS REPRESENTING: