D-269 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 10066 BYRNE AVE, APN 357-16-021 RES. 9996, 9998 RECORDING REQUESTED BY DOCUMENT: 13969984 T i t I es 1 / Pages 7
Fees. . . . + No Fees
City of Cupertino Taxes. . .
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WHEN RECORDED MAIL TO AMT PAID
City of Cupertino BRENDA DAVIS RDE # 997
10300 Torre Avenue SANTA CLARA COUNTY RECORDER 12/99/1997
Cupertino, CA 95014 Recorded at the request of 8:08 AM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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QUITCLAIM DEED &AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
APN 357-16-021, 10066 BYRNE AVENUE, LIANG LEE, FRANK SENG FAT LIONG
& EASY FORTUNE INVESTMENT& DEVELOPMENT L.L.C.
SEPARATE PAGE PURSUANT TO GOVT.CODE 27316.6
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-16-021
10066 Byrne Avenue
Liang Lee, Frank Seng Fat Liong and Easy Fortune Investment & Development L.L.C.,
A California Limited Liability Company, hereinafter referred to as the "GRANTOR', this_
day of 199_7, 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:
r=� L ang L e
TAI-PING HO QQ Q
a '_ COMM.*1046617
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' SANTA CLARA COUNTY �
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Frank Seng Fat Liong
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Easy Fortune Ines ents & Development
A California Limited Liability Company.
(Acknowledgment and Notarial Seal Attached)
E XH I E3 I T " A "
DESCRIPTION OF LAND FOR QUITCLIAM DEED FOR
UNDERGROUND WATER RIGHTS
TO THE CITY OF CUPERTINO, CALIFORNIA
All that certain real property situated in the City of Cuper-
tino, County of Santa Clara, State of California, being a
portion of Section 50 of "MAP OF SUBDIVISION 'A' - MONTA
VISTA" , filed on April 11, 1917 in Volume (Book) "P" of
Maps at Page 20, Santa Clara County Records, described as
follows:
Beginning at the Southeasterly corner of said Section;
Thence along the Southerly line of said Section S89'49'W
100.15 feet to its intersection with the Easterly line
of Byrne (formerly Buena Vista) Avenue, 40 feet wide;
Thence along said Easterly line, North 90.82 feet to its
intersection with the Southerly line of Granada Avenue,
originally 40 feet wide;
Thence along the Southerly line of Granada Avenue,
distant 20 feet from the centerline thereof, N 89'49'E
100.15 feet to its intersection with the Easterly line
of said Section;
Thence along said Easterly line of said Section, South
90.82 feet to the point of beginning.
Containing 0.209 of an acre, more or less.
Date: October 13, 1997
APN: 357-16-021
Address: 10066 Byrne Ave. , Cupertino
City File No. : 52,095
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of v,
County of I^
On nr� s I , I97 before me, 140 , tjc) vq Lk b j,L
Date Nam nd Title of Officer(e.g.,"Jane Doe,Notary Public"
personally appeared `sa. LeZ 4N ,
am s)of Signer(s)
El personally known to me–O –[ proved to me on th basis of satisfa tory evidence to be the p rsoo
` whose namgj is re ubscribed to thew hin instrument
and acknowledaecFto me that he/sh the executed the
same in his/h /th authorized capacitT(!:e�sp and the' that b
- - his/he signatures)on the instrument the person
TAI-PING H, or the entity upon behalf of which the perso s) cted,
C0110M. �Ing°;x;17 z executed the instrument.
h- Nc c ry Purl C 'lo, y
r`,T/\ �" "�'� WITNESS my hand and official seal.
Signature of N Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document: o iJ C I �-
Document Date: 0,1+r) i 1 Number of Pages: 4�p —
Signer(s) Other Than Named Above: 0_111:1�n-
Capacity(ies) Claimed by Signer(s)
(ata Llan �?iaa�PA-)
Signer's Name: L�aK � va, k S Signer's Name: L�
1 Individual ❑ Individual
❑ Corporate Officer o Corporate Officer
Title(s): Title(s): f3niiial
❑ Partner—❑ Limited ❑ General Partner—)(Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
57-21 4(&Kk L✓vs4 S
01994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of
Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated . October
21, 1997, from
LIANG LEE, FRANK SENG FAT LIONG& EASY FORTUNE
INVESTMENT& DEVELOPMENT L.L.0
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
November 3, 1997, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: November 14, 1997
By: .
Deputy City Clerk
City of Cupertino
RESOLUTION NO. 9996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPER MANG LEE, FRANK SENG
FAT LIONG AND EASY FORTUNE INVESTMENT AND DEVELOPMENT LLC,
APN 357-16-021, 10066 BYRNE AVENUE
WHEREAS, there.has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Liang Lee, Frank Seng Fat Liong and
Easy Fortune Investment and Development LLC, for the installation of certain municipal
improvements at 10066 Byrne Avenue, and said agreement having been approved by the City
Attorney, and Developer having paid the fees as outlined in the attached-Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of November, 1997,by the following vote:
Vote Members of the Lfty Council
AYES: Burnett, Chang, Dean, Sorensen,Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Roberta Wolfe /s/ John Bautista
Dep. City Clerk Mayor, City of Cupertino
Resolution No. 9996
Page.2
EXHIBIT"A"
SCHEDULE OF BOND,FEES, AND DEPOSITS
DEVELOPMENT: Single-Family Homes
Liang Lee, Frank Seng Fat Liong and Easy Fortune Investment and
Development LLC
LOCATION: 10066 Byrne Avenue
A. Faithful Performance Bond: $ 57,000.00
FIFTY-SEVEN THOUSAND AND 00/100 DOLLARS
B. Labor and Material Bond: $ 57,000.00
FIFTY-SEVEN THOUSAND AND 00/100 DOLLARS
C. Checking and Inspection Fees: $ 2,850.00
TWO THOUSAND EIGHT HUNDRED FIFTY AND 00/100 DOLLARS
D. Indirect City Expenses: N/A
E. Development Maintenance Deposit: $ 500.00
FIVE HUNDRED AND 00/100 DOLLARS
F. Storm Drainage Fee: Basin#2 $ 269.36
TWO HUNDRED SIXTY-NINE AND 36/100 DOLLARS
G. One Year Power Cost: $ 75.00
SEVENTY-FIVE AND 00/100 DOLLARS
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: Zone I N/A
K. Water Main Reimbursement: $ 1,818.45
ONE THOUSAND EIGHT HUNDRED EIGHTEEN AND 45/100 DOLLARS
L. Maps and/or Improvement Plans: As specified in
Item#23 of agreement
RESOLUTION NO. 9998 ,.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM LIANG LEE, FRANK SENG
FAT LIONG AND.EASY FORTUNE INVESTMENT AND DEVELOPMENT
LLC,APN 357-16-021,10066 BYRNE AVENUE
WHEREAS, Liang Lee, Frank Seng Fat Liong, and Easy Fortune Investment and
Development LLC 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.
t
PASSED AND ADOPTED at a regular meeting of the City Council of the City of '
Cupertino this 3rd day of November, 1997,by the following vote:
Vote Members of the C�y Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Roberta Wole /s/ John Bautista
Dep. City Clerk Mayor, City of Cupertino
r
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-16-021
10066 Byrne Avenue
Liang Lee,Frank Seng Fat Liong and Easy Fortune Investment& Development L.L.C.,
A California Limited Liability Company, hereinafter referred to as the "GRANTOR', this_
day of O Z 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"X'&"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.