CC Resolution No. 99-172RESOLUTION NO. 99-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM WEI JAO CHYU AND
JIEN MEEI CHYU; 10423 BYRNE AVENUE, APN 357-12-034
WHEREAS, FROM Wei Jao Chyu and Jien Meei Chyu, have executed a
"Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming
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, as shown and delineated on the attached
Exhibits "A" and "B".
IT IS FURTHER RESOLVED that the City Clerk is hereby author/zed 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 21st day of June, 1999, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
Cit~
APPROVED:
Mayor, City o] Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-034
10423 Byrne Avenue
Wei Jao Chyu and Jien Meei Chyu, hereinafter referred to as the "GRANTOR', this ! ~7 day
of_ff_l.~_~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:
Wei Jao Chyu
(Acknowledgment and Notarial Seal Attached)
"E XHIBIT A"
QUITCLAIM OF UNDERGROUND WATER RIGHTS
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Begirming at the point on the Southeast comer of Lot 9, also the Westerly line of Byme Avenue
as shown on Tract 139 Stevens Creek Subdivision Map No. 1, recorded on May 27, 1940 in
Book 4 of Maps, Page 43, in the Office of the Recorder of the County of Santa. Clara; thence
running with Southerly boundary line of said Lot, West 120.00 feet to a point in the Westerly
boundary line of said Lot;
Thence running with the said Westerly boundary line North 60.00 feet to a point of the Northerly
boundary line of said Lot;
Thence running with said Northerly boundary line East 120.00 feet to a point in the Westerly line
of Bryne Avenue;,
Thence running with said Westerly line of Byme Avenue, South 60.00 feet to the Point of
Beginning.
Containing:
A. P.N.:
7200 square feet, more or less.
0.165 acre, more or less
357-12-034
I
N
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'VlC..I NITY MAP
~D, ITEI~ LII, IE OF
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EXH II~I-I-
.-'PLAT
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AIL. PURpOSE ACKNOWi-EDGM~ENT
be, Ore m*,
personally appeared ~)
[] personally known to 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(les), and 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.
,-~ ' WIT~IESS my hand and official seal.
Comm #1072413 O
, . -- OPTIONAL -- .~- ~--.m~.~
-- . . __ ;,~a h~ mv~ it may prove valuable to persons relyfng on ran u~,~,
fraudulent removal and realtac~rnant of this form to another documenL
Though the information t~eTow ts n~= requ~ .... , .....
Description of Attached Document
~itle or Type of l~ocument:
...... Numberof
Document Date
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(S)
Signer's Name: __ ·
Signer's Name:
~{ Individual
[] Individual [] Corporate Officer
[] Corporate Officer TIfle(s):
'l'iUe(s): [] Partner -- [] Limited [] General
iD Partner -- r'l Limited [] General. [] Attorney-in-Fact
[] Attorney-in-Fact [] Trustee'
[] Trustee [] Guardian or Consewator
O Guardian or Consewator [] Other:. -- -
[] Other. -
Signer Is Representing:
Signer Is Representing: