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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. . . a6r�1 111111111111111111111111 A Copies. . 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) p �c pRpA 3 A NO F 14 6 V GODS 61 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 Z Z 'm Notary PL"lc—Califomia ' SANTA CLARA COUNTY � o nmm.Expires DEC 8,1998 Frank Seng Fat Liong r 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 Q�MESSlp�,� ��9 QQ J. Hq y9�E►yG' o p m No.C13313 = zo Exp: 3-31- 00( , IVIL F C": ^`,FO Q G RANA9A AI SIVuz�- � o LLI — - D N J Lij 0 L)-/ Q) .LU on 50, ' 2 oM ca ps (�a�e NT ��_ W p i SCALE: I - 30 LV O � h LL 1.0 N SS 9'49'Int/ (� Pfi• of- Bes i n rzi n9 p�Ess, Q4 q� �k0�� J• H4119 ti 3Q �9 m U "' No.C133132 3"1 Exp: 3-31- OI ~10EX /-//B C+C Ci Ny`•� / 1105 PLAT OF OUITCLA Ili ISE ZD AOR LIIVDSR6R0UAIZ) R1,4TER R/451V TS TO CITY 0,- C'vj°c'R T 1A1J, C14 . pA 726: 0 CT 131 /9'3,7 A0A1 357— M —0.2 A04PRZ55 : /00�a .9,ye1lZ 4Ple Cl7Y AlL,Eif/o.* ,5-2, 095- 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 / t 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.