D-278 QUITCLAIM FOR UNDERGROUND WATER RIGHTS, 22561 POPPY DR. RES. 8406, 8407 FILE COPY
RESOLUTION NO. 8406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FINAL PLAN FOR THE IMPROVEMENT OF FRONTAGE LOCATED
22561 POPPY DRIVE, DEVEIDPER, TONY WONG AND CATHY TSANG,
AUTHORIZING THE CITY ENGINEER TO SIGN THE FINAL PLAN; AMID
AUTHORIZING EXECUTION OF AGREEMENT IN CONNECTION THEREWITH
WHEREAS, there has been presented to the City Council for approval
of the final plan for the improvement of street frontage located at 22561
Poppy Drive by Tony Wong and Cathy Tsang; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the construction of streets, curbs, gutters, sidewalks, and
for other improvements, and good and sufficient bonds, fees, and deposits
as set forth in Exhibit "A", having been presented for the faithful
performance of said agreement; and said plan, agreement, and bonds having
been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that said final plan for the
improvement of street frontage at 22561 Poppy Drive be and the same is,
hereby, approved; and the City Engineer is hereby authorized to sign said
final plan; and the Mayor and City Clerk are hereby authorized to execute
the agreement herein referred to in behalf of the City of C�Zpertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 17th day of .Tune , 1991, by the
following vote:
Vote Members of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo
NOES: None
ABSENT: Koppel
ABSTAIN: None
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
Pro Tempore
ATTEST:
/s/ Dorothy Cornelius
City Clerk
RESOLUTION NO. 8406
EXHIBIT "A"
SC MULE OF BOND, FEES, AMID DEPOSITS
DEVELOPMENT: SINGLE-FAMILY DWELLING
TONG WCNG AND CATHY TSANG
LOCATION: 22561 POPPY DRIVE
A. Faithful Performance Bond: $10,875.00
TEN THOUSAND EIGHT HUNDRED SEVENTY FIVE AND 00/100 DOLLARS
B. Labor and Material Bond: $10,875.00
TEN THOUSAND EIGHT HUNDRED SEVENTY FIVE AND 00/100 DOLLARS
C. Checking and Inspection Fee: $ 544.00
FIVE HUNDRED FORTY FOUR AND 00/100 DOLLARS
D. Indirect City Expenses $ 82.00
EIGHTY TWO AND 00/100 DOLLARS
E. Developnent Maintenance Deposit: $ 544.00
FIVE HUNDRED AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 284.00
TWO HUNDRED EIGHTY FOUR AND 00/100 DOLLARS
G. One Year Power Cost: $ 36.00
THIRTY SIX AND 00/100 DOLLARS
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
R. Water Main Extension Deposit: $ 1,170.00
ONE THCKTSAND CNE HUNDRED SEVENTY AND 00/100 DOLLARS
L. Maps and/or Improvement Plans: As specified in
Item No. 23
RESOLUTION NO. 8407
A RESOLUTION OF 'IE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLMM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS FRC7M TONY S. WONG AND DIANA WONG, HUSBAND AND WIFE,
AS a"ff]NITY PROPERTY, AS TO AN UNDIVIDED 50% INTEREST, AND
DAVID TSANG AMID CATHY TSANG, HUSBAND AMID WIFE, AS CM24MTY
PROPERTY, AS TO AN UNDIVIDED 50% MEREST
WHEREAS, Tony S. Wong and Diana Wong, husband and wife, as ommunity
property, as to an undivided 50% interest, and David Tsang and Cathy
Tsang, husband and wife, as corm nity property, as to an undivided 50%
interest, 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 in
Exhibit "A", as follows:
All that certain property situate in the City of Cupertino,
County of Santa Clara, State of California, as shown and
delineated on that certain map filed in the office of the
County Recorder of the County of Santa Clara on the 22nd
day of August, 1949, in Book 24 of Maps at Page 26, Lot 9.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accepts
said "Quitclaim Deed and Authorization" so tendered; and
IT IS BUZ= RESOLVED that the City Clerk is hereby authorized to
record said "Quitclaim Deed and Authorization" and this Resolution.
PASSED AMID ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 17th day of .Tune , 1991, by the
following vote:
Vote IJISn rs of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo
NOES: None
ABSENT: Koppel
ABSTAIN: None
r
RESOLUTION NO. 8407
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
Pro Tempore
ATTEST:
/s/ Dorothy Cornelius
City Clerk
QUITCLAIM DEED AND AUTHORIZATION
TONY S. WONG AND DIANA WONG, HUSBAND AND WIFE,
AS COMMUNITY PROPERTY., . AS TO AN UNDIVIDED 50%
INTEREST, AND DAVID TSANG AND CATHY TSANG, HUSBAND
AND WIFE, AS COMMUNITY PROPERTY.;. AS TO AN UNDIVIDED 50% INTEREST
hereinafter referred to as the "GRANTOR", this 21st day of
May , 1991 , 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 Lot 9 of that certain subdivision of real
property situate in the County of Santa Clara, State of California, and
specifically described in the map thereof filed in the Office of the
County Recorder of the County of Santa Clara on the 22nd day of
-:August , 19 4% in Book 24 - of Maps at Pages 26 , 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
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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 subdivision and shall bind the
owner of said lots within said subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day
. and year first above written.
OWNERS:
(Acknowledgement and
Notarial Seal attached)
CAT. NO. NNO0627
TO 1944 CA(9-84) JJ TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA SS
COUNTY OF Santa Clara
On May 21 1991 before me;ithe undersigned, a NotaPublic in and for
W
Tony S Wong , Diana Wong , David Tsang and
said State, personally appeared
a h TS-an
W personally known to me or
proved to me on the basis of satisfactory evidence to be .�� —AL
s 'are subscribed to the
I.- the person-5..,whose name - HEN
within instrument and acknowledged that they exe- ;e''_�.• NOT�wC au CCAL(FORMA
cuted the same. ►'= Y7 CpuNTY
_ �►.+ At VXTA CLAM
WITNESS my hand and official seal. MWWW W.OMSdunemy 0
14,1891
Signature
G
(This area for official notarial seal)