CC Resolution No. 9986RESOLUTION NO. 9986
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM HANK C. CHANG AND
YUNGHWA L. CHANG, APN 357-15-021, 21907 ALMADEN AVENUE
WHEREAS, Hank C. Chang and Yunghwa L. Chang 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 20th day of October, 1997, by the following vote:
Vote
Members o._fth._~.e City_ Council
AYES: Burne t t,
NOES: None
ABSENT: None
ABSTAIN: None
Chang, Dean,
Sorensen, Bautista
ATTEST:
City Clerk
APPROVED:
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-021
21907 Almaden Avenue
Hank C. Chang and Yunghwa L. Chang, hereinafter referred to as the "GRANTOR',
this ~'~'day of lgcl. 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 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:
Hank C. Chang
yunghw~L. CheUng
(Acknowledgment and Notarial Seal Attached)
State of California
County of SANTA CLARA
On OCTOBER 9, 1997 before me, the undersigned, a Notary Public in and
for said State, personally appeared HANK C. C~NG AND YUNGHknt L. CHANG
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(ies), and that by his/her/their
signature (s) on tb~ instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instruraent.
Signature
Name DEBORgH
(typed or printed)
/,~'~"~.., DEBORA,F! SIMONI
~ <~ My Comm. Expires Oct 28, 1997
( ~al )
EXHIBIT A"
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows;
A portion of Lot 89, as shown upon that certain Map entitled, "MAP OF SUBDIVISION "A"
MONTA VISTA" which Map was filed for record in the office of the Recorder of the County of
Santa Clara, State of California, on April 11 th, 1917 in Book "P" of Maps, at Page 20, and more
particularly described as follows:
Beginning at the point of intersection of the northerly line of Almaden Avenue ( 50 feet wide )
with the westerly bour~,dary of the property line of said Lot, rtmning thence along the said
westerly property line North 193.42 feet;
Thence leaving the westerly property line East and parallel with the northerly line of Almaden
Avenue 50.15 feet to a point at the easterly boundary of the property line of the said Lot;
Thence South 193.42 feet and along the easterly boundary of the property line of the said Lot to a
point being at the northerly line of Almaden Avenue;
Thence West 50.15 feet along the northerly line of Almaden Avenue to the Point of Beginning.
Containing:
9,700 square feet, more or less.
0.223 acres, more or less
A. P.N.: 357- 15- 021
AP'N: ~,.~7-1S
!
I"O"~L q,-'t'O0 ~. 1:1':.
o. z z 5
' ~(,,¢,,Lb ~ I"=-'f-o'
F--,Y-F. I.¢-~-Vq
,-.1
:u.l
AL~Z~K
llT' MAP
1"'o
LE~.F__HO
- - ~.F__N~ LINE O~' ¢Ti~EET
..... . .... ', -. P',~SFE. t~'I'Y' LIIklE ,, -
~ 7~LAT PLAM