D-400 Quitclaim Deed, 21885 McClellan Rd, Reso 09-032RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT:
i0iiiiiiimiii ��<<, ...
AMT PA I D
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 10
No Fees
RDE # 010
3/12/2009
2 :54 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
21885 McClellan Road
APN 357 -14 -008
Original
73 For Fast Endorsement
RESOLUTION NO. 09-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, MICHELLE WANG AND CHENG -YUAN MICHAEL WANG,
21885 MCCLELLAN ROAD, APN 357 -14 -008
WHEREAS, Michelle Wang and Cheng -Yuan Michael Wang, 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 in the attached Exhibits
"A & 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 March, 2009, by the following vote:
Vote Members of the City Council
AYES:
Mahoney, Sandoval, Santoro, Wang, Wong
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
APPROVED:
f �
Y
City Clerk
Mayor, City of ertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357 -14 -008
21885 McClellan Road
Michelle Wang and Cheng -Yuan Michael Wang, wife and husband as ioint tenants,
hereinafter referred to as the "GRANTOR ", this //A day of ez , 2008,
hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the
CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the
"GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and
demands, 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 EXHIBITS "A" AND "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 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:
Michelle Wang
Cheng -Yuan Michael Wang
(Acknowledgment and Notarial Seal Attached)
Nareorcaffomia, Countyof SonfaClora
On —11 — c before me, Shirley Cheng, Notary
who proved to me on the basis of satisfactory evidence to be lknowelWedggM a xn(s;
whose name(s) i�are subscribed to the wifhi trument and
to me that he ey executed the same InN �er TauthorizedcapaciMies),
and that by his�ell Oil signatures) on the instrrurfient the peison(s), or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
N9iNESS my hand and official seal,
SHIRLEY CHENG
COMM. # 1787922
Z NOTARY PUBLIC - CALIFORNIA Z
SANTA CLARA COUNTY
My COMM. Expires Jan. 27, 2012
CALIFORNIA A O ACKNOWLEDGMENT
State of California
County of — �qlZ, 1 Y,
On Z 0 0 C before me, I y
ai
personally appeared
SHIRLEY CHENG
COMM. # 1787922
Z NOTARY PUBLIC -CALIFORNIA K
SANTA CLARA COUNTY
My Comm. Expires Jan. 27, 2012
cJ
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i re ubscribed to the
within instrument and acknowledged to me that
he/shei,41e xecuted the same in his/her air. uthorized
capacity ies), and that by his/he � signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. ii
Signature ��V�
Place Notary See! Above p p
Signal ure ' Notary 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
Title or Type of Document:
1- D Y), 1 IB-sL
Document Date: �� 1 Number of Pages: t t V. _
Signer(s) Other Than Named Above: N12 11
Capacity(ies) Claimed by Signer(s)
S War's Name: I t1 r_1�� lyl
i 17ndividual
Corporate Officer —Title(s).-
Partner — Limited L General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RiGHTTHUMBPRINT
OF SIGNER
• Guardian or Conservator
• Other:
l� I
Signer Is Representing:
2007 National Noiaq Assnc.iaii(w • 5350 Ca Sulu A.. ?.O. Boy. 2402 -Chalsworll i, CA 9 1313 21102 • Wm IJa1ionalNolar%Q.'9 Rom #5907 Heotdec Call lol! Free 1-800.,'-376 6827
f
d
nets Name: ��,git —
ti ! l A
ndividual
L' Corporate Officer — Title(s):
Partner — Limited El General
CI Attorney in Fact
•
CI Trustee
Top of lhumh here
• Guardian or Conservator
• Other:
l� I
Signer Is Representing:
2007 National Noiaq Assnc.iaii(w • 5350 Ca Sulu A.. ?.O. Boy. 2402 -Chalsworll i, CA 9 1313 21102 • Wm IJa1ionalNolar%Q.'9 Rom #5907 Heotdec Call lol! Free 1-800.,'-376 6827
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
OWNER:
Michelle Wang `
Cheng -Yuan Michael Wang
(Acknowledgment and Notarial Seal Attached)
State of Californla, Counly of Sonta Clara
On l " _ C / b%e ie me, Shirley Cling, Notoiy�PgbRC,
rersonaiiy appealea _ /`11 c- ,e
who proved to on the bass I solis octory evidence to be the person(sj� ?
whose name( ie subscribed to the wlthlr Instrument and acknowledged
tomet�olh shelthey executed the samednl ilslherltheir authorized copocity (les),
and tfrojj is eiltheir signotuie(s) on the instrument the person(s), or the entity
upon behalf of which the persons) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph Is true and correct.
WITNESS m hand and official seal,
J /y
• SHIRLEY CHENG
L COMM. # 1787922
NOTARY PUBLIC - CALIFORNIAN
SANTA CLARA COUNTY
MY Comm. Expires Jan. 27, 2012
P.O. Box 12468,
Pleasanton, CA, 94588
TEL: (925) 426 -8077, FAX (925) 485 4250
EXHIBIT A: QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
Date: 12/1/2008 PROJECT: Approved: Scale: 1" = 30'
Drawn: SS 21885 McC : e l l an Road, C 3 3 8 9 7 Cad File Name:
Cupertino CA 95014 Civil Engineer R.C.E. No.
Checked: HPT APN 357 -14 -08 Disk No.:
Revision:
Sheet No. of 1 Sheets
N 90' 00' 00. 0' E 100. 1500 '
..
W
SET IP –
– – — – – – – – – – ––
SET IP
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AREA QUIT CLAIM DEED FOR
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UNDERGROUND WATER RIGHTS
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21885 McCLELLAN ROAD,
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CUPERTINO, CA 95014
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R/V LINE SET IP P. O. B.
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SET IP R/V LINE
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McCLELLAN
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OLD R/V LINE .
EXHIBIT A: QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHTS
Date: 12/1/2008 PROJECT: Approved: Scale: 1" = 30'
Drawn: SS 21885 McC : e l l an Road, C 3 3 8 9 7 Cad File Name:
Cupertino CA 95014 Civil Engineer R.C.E. No.
Checked: HPT APN 357 -14 -08 Disk No.:
Revision:
Sheet No. of 1 Sheets
EXHIBIT B
QUIT CLAIM DEED FOR UNDERGROUND WATER RIGHT
LEGAL DESCRIPTION
The undersigned, being the legal owner of the real property hereinafter described, hereby
quit claim deed for underground water right as follows:
Beginning from the centerlines of Byrne Avenue (formerly known as Buena Vista
Avenue) and McClellan Road, thence along the centerline of McClellan Road due East; a
distance of 348.00' to a point on the centerline; thence due North; a distance of 30.00' to
the True Point of Beginning.
From the True Point of Beginning; thence due East, a distance of 100.15'; thence due
North, a distance of 99.21'; thence due West, a distance of 100.15', thence due South, a
distance of 99.21' back to the True Point of Beginning. Containing an area of
9935.88 Square Feet or 0.23 Acres, more or less.
'91 n1o. 33q97—'
3 97
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Adopt a resolution accepting a Quitclaim Deed and
Authorization for Underground Water Rights,
21885 McCleallan Road, APN 357 -14 -008.
The property owners of this residential development agree
to grant to the City the right to extract water from the
basin under the overlying property.
McClellan Road
a
t v�
'44
McClellan i
4-
-ti
f�
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
December 11 `h, 2008, from
21885 McClellan Road
to the City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
March P, 2009, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: March 10, 2009
By: _.
Julia4inst
Senior Office Specialist