CC Resolution No. 9790RESOLUTION NO. 9790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM LILY CHANG, INC., A
CALIFORNIA CORPORATION AND W.B.F. ENTERPRISES, LIMITED
PARTNERSHIP; APN 326-25-018, 10036 PENINSULA BOULEVARD
WHEREAS, Lily Chang, Inc., a California Corporation and W.B.F. Enterprises,
Limited Partnership 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, 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 18th day of February, 1997, by the following vote:
Members _of the City Council
AYES: Burnett,
NOES: None
ABSENT: Sorensen
ABSTAIN: None
Chang, Dean, Bautista
ATTEST:
City Clerk
APPROVED:
~of C~tp~rtino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-25-018
10036 Peninsula Blvd.
Lily Chang. Inc. a California Corporation and W.B.F. Enterprises, Limited
Partnership, a California limited partnership hereinafter referred to as the "GRANTOR',
this __k2?day of~..~ 199~, hereby grant, bargain, assign, convey, remise, release and
forever quitclai~n 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)
r ~ 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 ~
g,~ -
~: SANTA CLARA COUNTY ~
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.
WlT/N~SS my hand and official seal. ,
~oic~n'atfi~:e 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
1~LCINDIVIDUAL
O~PORATE OFFICER
/
TITLE
I-IPARTNERS I-ILIMITED
I-IGENERAL
I-ITRUSTEE(S)
I-IGUARDIAN/CONSERVATOR
I-IOTHER
Quitclaim Deed and Authorization for Underground Water Rights
TITLE OR TYPE OF DOCUMENT
ATTORNEY-IN-FACT
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
.ily Chang, Inc.
I
January 13. 1997
DATE OF DOCUMENT
WBF Limited Partnerhsi_D
SIGNER(S) OTHER THAN NAMED ABOVE
County of~
On
A
personally appeared
NAIaEISl OF SlGNER{$1
r"'] personally known to me - OR -"~roved to me on the basis of satislactory evidence
-- to be the person(s) whose name(s)is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/Ihey executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument Ihe person(s),
or the entit.y upon behal! o! which the
person(s) acted, executed the instrument.
WITNESS m.y hand and orris, iai seal.
S~..,~T~E OF NOT/~IY
Though the dala below Is nol required by law, il may prove valuable Io persons relying on the documenl and could prevenl
fraudulent reallachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
r-1 P~mER(S) E] uMrrED
r"l GENERAL
O ATTOFffqEY-IN-FAGq'
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
S) OTHER TH/~IN NAMED ABOVE
01~93 NATIONAL NOTAnY ASSOCIATION · 0236 rlon~nel Ave., P.O. Box 7184 · ConoOa Palk, CA BI30~.?184
APN 326-25-018
EXHIBIT A
QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS --PARCEL
Ail that certain real property situated in the City of Cupertino,
county of Santa Clara, State of California, being all of Lot 10 and
a portion of Lot 11, Block 3, as shown upon that certain Map enti-
tled "MAP OF MONTA VISTA FIRST ADDITION", which map was filed for
record in the Office of the Recorder of said County and State on
April 11, 1917 in Book P of Maps at Page 23~ AND a portion of
Peninsula Avenue (formerly Boulevard;, more particularly described
as follows:
Beginning at a point of cusp on the northeasterly line of said
Peninsula Avenue at the southerly corner common to Lots 9 and 10,
Block 3 of said Map~ thence along the dividing line between said
Lots, N38'41'02"E 100.00 feet to the northerly corner common to said
LOts: thence along a non-tangent curve to the left having a radius
of 487 feet, along the northeasterly line of Lots 10 and 11. Block 3
(a radial line of said curve through said point bearing N39°09'49"E)
through a central angle of 3'44'19" an arc length of 31.78 feet (a
radial line of said curve through said point bearing N35'25'30"E);
thence leaving said line non-tangentially and parallel with the
dividing line between Lots 12 and 13, Block 3 of said Map,
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 left
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 10'48'43"
an arc length of 46.80 feet to the point of beginning (a radial line
of said curve through said point bearing S38'48'18"W).
Containing 3963 square feet, more or less.
Date: December 10, 1996
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PLAT OF ~U ITCLAI~ DEED
L~LY~~ ~,Z~C ~ W.B.F ENTERPR~SES, LLL'