D-288 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 21900 LOMITA AVE, APN 357-15-003 RES. 98-249 DOCUMENT: 144—------- - - --------�,
64319 1 T i t I es: 1 / Pages: 8
Fees. . . . * No Fees
� Taxes. . .
RECORDING REQUESTED BYeeiaasaiyw Copies. . _
AMT PAID
City of Cupertino I
BRENDA DAVIS RDE # 003
WHEN RECORDED MAIL TO JSANTA CLARA COUNTY RECORDER
I Recorded at the request of 10/
City 2:45 M
98
PPM
City Clerks Office — —
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-003"
21900 LOMITA AVENUE
X Original
1 For Fast Endorsement
r
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-003
21900 Lomita Avenue
Kelvin Kang and Martha Shan Pin Kang,Trustees of the Kang Revocable Trust dated
September 19, 1994, hereinafter referred to as the "GRANTOR',this 0 day of-5:6f 1996
, 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.
Resolution 98-249 attached.
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:
Trustees to Kang Revocable Trust
Dated September 19, 1994
elvin Kan
_ 1
Martha
(Acknowledgment and Notarial Seal Attached)
ALL-PURPOSE ACKNOWLEDG-NSENT
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STA i O F CALI FO
COUNTY OF ay'i �u }
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. before me.
personally appeared
personally known to me
(or proved to me on the basis of satisfactory evidence) to be e person(s) whose name(s)/Yllare
subscribed to the within instrument and acknowledaed to me that ' eithey executed the same
in hil 'r;'their authorized capacity(iesl. and that by 'rd,'yr,"their signature(s) on the instrument the
per:Cn(s) or the entity upon behalf of which the person(s) aced. executed t. inst,ument.
N,VITNESS my hand and o—Ilicial see.l.
Sianature J.VELOZ CD
� e Commission#1119396
Notary Publio-California G
Santa Clara County -+
My Comm.Expires Dec.7,2060
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Macknowledged No. of FacesDv.e of Document
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EXHIBIT "A"
DESCRIPTION OF LAND FOR QUITCLAIM DEED
FOR UNDERGROUND WATER RIGHTS
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being all of Section
84 as shown upon "MAP OF SUBDIVISION "A" - MONTA VISTA" , which
map was filed for record on April 11, 1917 in Book (Volume). "P"
of Maps at Page 20, Santa Clara County Records.
Refer to EXHIBIT "B" , PLAT, which is hereby made a part of this
description.
Date: July 28, 1998
APN: 357-15-003
Site: 21900 Lomita Ave.
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EXHIBIT " B "
PLAT OF QUITCLAIM DEED FOR UNDERGROUND WATER RIGHTS
TO THE CITY OF _CUPERTINO , CA _
Date: July 28, 1998 Scale: 1" = 40 Feet
AP'V 357-/5- 003
,gp02ESS : 2/, 300 L0Ml TA AVE' .
RESOLUTION NO. 98-249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM KELVIN KANG AND
MARTHA SHAN PING KANG, TRUSTEES OF THE KANG REVOCABLE
TRUST DATED SEPTEMBER 19, 1994, 2-1900 LOMITA AVENUE,
APN 357-15-003
WHEREAS, Kelvin Kang and Martha Shan Ping Kang, Trustees of the Kang
Revocable Trust dated September 19, 1994, 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 described in Exhibit"A" and Exhibit`B", attached hereto and made a
part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, located at 21900 Lomita Avenue, APN
357-15-003.
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 19" day of October, 1998, by the following vote:
Vote Members of the Cily Council
AYES: BURNETT, DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: APPROVED:
/S/KIMBERLY SMITH /S/MICHAEL CHANG
City Clerk Mayor, City of Cupertino
"NO FEE"
Cit,, o�pertino
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 deed, dated September
24, 1998, from:
Kelvin Kang and Martha Shan Ping Kang,
Trustees of the Kang Revocable Trust
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
October 19, 1998, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: October 21, 1998
By: Z�
Administrative Clerk
City Clerk's Office
City of Cupertino