CC Resolution No. 9782RESOLUTION NO. 9782
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM LILY CHANG, 1NC. AND
W.B.F. ENTERPRISES, LIMITED PARTNERSHIP, APN 326-25-017,
10036 PENINSULA BOULEVARD
WHEREAS, Lily Chang, Inc. and W.B.F. Enterprises, Limited Partnership has
executed a "Quitclaim Deed and Authorization", which is in good and sufficient form,
quitclaiming all its rights in and authorizing the City of Cupertino, County of Santa Clara,
State of Califomia, to extract water from the underground basin, underlying that certain
real property situate in the City of Cupertino, more particularly described in on the
attached Exhibits "A" and "B", 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".
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 3rd day of February, 1997, by the following vote:
Vote
Members ~_f the City Council
AYES: Burnett,
NOES: None
ABSENT: None
ABSTAIN: None
Chang, Dean,
Sorensen, Bautista
ATTEST:
APPROVED:
%
~/a~or,~ity'of Cuper[imJ
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-25-017
10036 Peninsula Blvd.
Lily Chan~, Inc. a California Corporation and W.B.F. Enterprises, Limited
Partnership, a California limited partnership hereinafter referred to as the "GRANTOR',
this x ~v~'-day
of--) % 199~7, hereby grant, bargain, assign, convey, remise, release and
forever quitclaiYm 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.
OWNER:
Lily Chang, Inc., a Califronia Corporation
W.B.F. Limited Partnership,
a California Limited Partnership
By:
(Acknowledgment and
Notarial Seal Attached)
APN 326-25-017
EXHIBIT A
QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS - PARCEL 2
Ail that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being all of Lot 12 and
a portion of Lot 11, Block 3, as shown upon thai certain Map enti-
tled "MAP OF MONTA VISTA FIRST ADDITION", which Map was filed for
record on April i1, 1917 in Book P of Maps at Page 23; AND a portion
of Peninsula Avenue (formerly Boulevard), more particularly des-
cribed as follows:
Beginning at a point on the northeasterly line of said Penin-
sula Avenue distant S30°42'30"W 20.11 feet from the southerly corner
common to Lots 12 and 13, Block 3 of said Map; thence along the
dividing line between said lots 11 and 12 and the southwesterly
prolongation thereof, N30'42'30"E 120.11 feet to the most eas%erly
corner of said Lot 12, Block 3; thence along a non-tangent curve to
the right having a radius of 487 feet along the northeasterly line
of Lots 11 and 12 (a radial line of said curve through said poin~
bearing N31'13'20"E) %hrough a central angle of 4°12'10'' an arc
length of 35.72 feet (a radial line of said curve through said point
bearing N35°25'30"E); thence leaving said curve non-tangentially
and parallel with the aforesaid dividing line between Lots 12 and
13, Block 3, S30'42'30"W 106.30 feet to a point on the northeasterly
line of Peninsula Avenue; thence along a non-tangent curve to the
right having a radius of 248 feet (a radial line of said curve
through said point bearing S49'37'01"W) through a central angle of
8°59'26" an arc length of 38.92 feet to the point of beginning
(a radial line of said curve through said point bearing
S58'36'27"W).
Containing 4011 square feet, more or less.
Date: December 10, 1996
/
I
~LI~T OF'O ITCLAI ~ DEED
FOR U~PER ?( U ~D WATER
- L~LY ~, C. ~ W.B.E ENTERPRISES, LLC
E
P AT F ~ C LAlsd D ED
, G IR' OU-N
C~AN
C IT"f' OF
-SCALE:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On January 13, 1997, before, me, Roberta
ROBERTA ANN WOLFE
~ ~ Comm. No. 996834
~""~' NOTARY PUBLIC. CALIFORNIA
SANTA CLARA COUNTY
~ My Commission Fxpires June 11, 19~)7
Ann Wolfe, Notary Public, personally appeared Lily
Chang, proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that she executed the same in
her authorized capacity and that by her signature
on the instrument the person, or the entity upon
behalf of which the person acted, executed the
instrument.
WITNESS_ my hand and official seal.
._ .--,--~--- ,',(,., ,
Si'c-nature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
I-IINDIVIDUAL
[igCORPORATE OFFICER
)
TITLE
FIPARTNERS F-1LIMITED
r'IGENERAL
DTRUSTEE(S)
CIGUARDIAN/CONSERVATOR
r-IOTHER
Quitclaim Deed and Authorization for Underground Water Rights
TITLE OR TYPE OF DOCUMENT
ATTORNEY-IN-FACT
4
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
~ly Chang, Inc.
I
January 13. 1
DATE OF DOCUMENT
WBF Limited Partnerh~ip
SIGNER(S) OTHER THAN NAMED ABOVE
State of_ ~,~,
, , I',~ r;t~
' DATE N~E. TIILE O~ ~F~E~
'~
~ personally known to me OR - roved to me on the basis of satisfacto~ evidence
~ -- to be the person(s) whose name(s)is/are
subscribed to the within instrument and ac-
knowledged 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.
- ~ Comm. ~ 1114972
~ ~~ NOTARY PUBLIC-CALIF~NIA ~ WITNESS my hapd a~d officta~
' '"' ' OPTIONAL' ' " "' '
Though Ihe dala below is nol required by law, il may prove valuable Io persons relying on the documenl and could prevenl
lraudulenl reellachmen! Gl Ihls lotto.
CAPACITY CLAIMED BY SIGNER
r"] INDIVIDUAL '
r"! CORPORATE OFFICER
F"] PARTNER(S) E] UMITED
E] GENERAL
r-1 ATTORNEY-IN-FACT
i-! *rRUS'mE(S)
r"l GUARDI,~NSERVATOR'
["1 OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: ..,J-.' F. ,~, /\,~,,.-., /
~__ ~"U ,~ ~"' ~'~ '~')L~'~'~/) j SIGNER(~ oTHER THAN)NAMED AB0vE ~
~?~~~- -~?__~?~..-~?~ ...............................
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