D-402 Quitclaim Deed, 10170 Peninsula Ave, Reso 09-042
RESOLUTION N0.09-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WA'CER RIGHTS, JIE MEI,
10170 PENINSULA AVENUE, APN 326-22-038
WHEREAS, Jie Mei, has executed a "~-uitclaim Deed and Authorization", which
is in good and sufficient form, quitclaiming all 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 Ciry of Cupertino, County of
Santa Clara, State of California, as shoc~~n in the attached Exhibit "A".
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 17th day of March, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
City Clerk
APPRO D:
~/
n~
Mayor, City of C pertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 326-•22-038
10170 Peninsula Avenue
Jie Mei. an unmarried woman. hereinafter referred to as the "GRAN"TOR", this
day of J ~ ~, 2009, hereby grants, baz~;ains, 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 ].aw and in equity, and as well in possession
as in expectancy of the GRANTOR as owner o f that certain real property situate in the
County of Santa Claza, State of California, and specifically described as follows:
SEE ATTACHED EXHIBIT "A"
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 GRATfTOR 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 legal description and shall bind the owner of said lots within said legal
description.
IN WITNESS WHEREOF, GRANTOF: has executed this instrument the day and
year first above written.
OWNER:
~_~ ~ fit,
Ji~~ Mei
(Acknowledgment and Notarial Seal Attached)
of itomia - unNt)r~of~Al~meda
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eAo prated to nN ae the besa a saUStecmiY erd~e to he the person(s) rAase npMs)
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tyM same in hisTe-Ma- or ~ ~ 6eheM a whwh~tAe pwmn(~) ae>rctAadm 11r
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yan0,on is due end coned ~ / !~~/
JUSTIN CHAIKIN
~ COMM. # 1818468
• NOTARY PUBIIC -CALIFORNIA
ALAMEDA COUNTY n
COMM. ERPIRES OCT. 19 2012 i
wrti~ssn~nera~aani~imai. /~ ~ ~
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
BEING LOTS 16 AND 17, BLOCK 1, AS SHOWN ON THAT CERTAIN MAP ENTITLED `MONTH
VISTA FIRST ADDITION', WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, ON APRIL 11, 1917 IN VOL. `P" OF MAPS
AT PAGE 23, AS DESCRIBED ON THAT CERTAIN NOTICE OF MERGER INTO A SINGLE
PARCEL, RECORDED DECEMBER i3, 1988 IN BOOK K786 AT PAGE -1053, OFFICIAL
RECORDS, TOGETHER WITH THAT PORTION (ADJACENT TO SAID LOT 17} OF
NORTHWESTERLY ONE HALF OF MISSION 1NAY, A 20-FOOT WIDE: PUBLIC ROAD AS
SHOWN ON SAID MAP, NOW ABANDONED FOUR PUBLIC USE PER RESOLUTION RECORDED
IN BOOK 0971, PAGE 186, OFFICIAL RECOFiDS, MORE PARTICULARLY DESCRIBED As
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16. BEING A POINT ON THE
EASTERLY RIGHT-OF-WAY OF PENINSULA B~DULEVARD AS SHOWN ON SAID MAP OF
MONTH VISTA FIRST ADDITION; THENCE FROM SAID POINT OF BEGINNING ALONG SAID
RIGHT-OF-WAY LINE AND THE WESTERLY BOUNDARY OF SAID LOTS 16 AND 17 AND
THEIR SOUTHERLY PROLONGATION, SOUTH 2001910011 EAST, A DISTANCE OF 67.93
FEETTO A POINT ON THE CENTERLINE OF MISSION WAY, A 20-FOOT WIDE PUBLIC ROAD
AS SHOWN ON SAID MAP, NOW ABANDC>NED FOR PUBLIC USE PER RESOLUTION
RECORDED IN BOOK 0971, PAGE 166, OFFICIAL RECORDS; THENCE LEAVING SAID
SOUTHERLY PROLONGATION, ALONG SAID CI=NTERLINE OF ABANDONED MISSION WAY,
NORTH fi5°10'00` EAST, A DISTANCE OF~ 101.10 FEET TO A POINT ON A LINE
PERPENDICULAR TO SAID CENTERLINE FROM 1"HE SOUTHEASTERLY CORNER OF SAID LOT
17; THENCE LEAVING SAID CENTERLINE ALONG SAID PERPENDICULAR LINE, NORTH
24°50'00` WEST, A DISTANCE OF 10.00 FEET TO THE SOUTHEASTERLY CORNER OF
SAID LOT 17; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOTS 17 AND 16,
NORTH 20°.19'00° WEST, A DISTANCE OF 50..00 FEET TO THE NORTHEASTERLY CORNER
OF SAID LOT 16; THENCE LEAVING SAID EASTERLY BOUNDARY, ALONG THE NORTHERLY
BOUNDARY OF SAID LOT 16, SOUTH 69°41'00` WEST, A DISTANCE OF 100.00 FEET
MORE OR LESS TO THE POINT OF BEGINNINNG, PURSUANT TO THE CERTIFICATE OF
COMPLIANCE RECORDED JULY 5, 2007 A~~ INSTRUMENT NO. 19493994, OFFICIAL
RECORDS.
Assessor's Parcel No: 326-22-038