CC Resolution No. 07-182
RESOLUTION NO. 07-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZA nON FOR UNDERGROUND
WATER RIGHTS FROM CHIAO-FU CHANG AND SUE-FAY L. CHANG,
HUSBAND AND WIFE AS JOINT TENANTS, KOK Y. HO AND YUET M. HO,
HUSBAND AND WIFE AS JOINT TENANTS, HSING H. KUNG AND MARGARET
KUNG, HUSBAND AND WIFE AS JOINT TENANTS, 21711, 21713 AND 21731
ALCAZAR AVENUE, APN(s) 357-19-018, 058, 079 AND 080
WHEREAS, Chiao-Fu Chang and Sue-Fay L. Chang, husband and wife as joint
tenants, Kok Y. Ho and Yuet M. Ho, husband and wife as joint tenants, Hsing H. Kung
and Margaret Kung, husband and wife as joint tenants, 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 as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, Lot 13, Block 4, as specifically described
in the map filed in the Office of the County Recorder of the County of
Santa Clara on the 4th day of May, 1953 in Book 42 of Maps at Page 37.
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 5th day of November, 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, Sandoval, Lowenthal, Mahoney
None
None
None
ATTEST:
APPROVED:
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21711,21713 and 21731 Alcazar Aven
APN: 357-19-058, 357-19-0]8,357-]9-079,357-]1
(Alcazar Place)
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QUITCLAIM DEED AND AUTHORIZA
FOR UNDERGROUND WATER RIG]
Chiao-Fu Chang and Sue-Fay L. Chang, husband and wife, as joint tenants, as to
Parcel One; KoK Y. Ho and Yuet M. Ho, husband and wife, as joint tenants, as to
Parcel Two; Hsing H. Kung and Margaret Kung, husband and wife, as joint tenants,
hereinafter referred to as the "GRANTOR", this I!~ay ofO~J.9.ey-, 2007, 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 ofthe 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 EXHIBITS "A" AND "B"
to pump, take or otherwise extract water 'from the underground basin or any underground
strata in the Santa Clara V alley 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 are made for the benefit 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:
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Chiao-Fa Chang ~ //
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Hsing H. Ku6g
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(Acknowledgment and Notarial Seal Attached)
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State of i1J tC'rV\~~
County of ~'n~~
Name
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E "..::. LINDA J. BENTSON a
M "A COMM. NO. 1493126~
~ NOTARY PUBLIC CAUFOHN!A s
1 . SANTACLARAGOUNTY 1
i- <.,'~~.\. COMM tXPIRES JUNE ~, 2008 i
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(Seal)
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