CC Resolution No. 07-102
RESOLUTION NO. 07-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING THE QUITCLAIM DEED FOR ACCESS EASEMENT OVER
CITY PROPERTY AT 22241 MCCLELLAN ROAD, APN 357-06-014,
THOMAS M. MCNAIR
WHEREAS, Thomas M. MCNair has offered a quitclaim of the recorded access
easement over City owned land at 22241 MCClellan Road appurtenant to his property located
at 22261 MCClellan Road; and
WHEREAS, Thomas M. MCNair, as a condition of offering said quitclaim, has
requested that the City approve release of securities submitted by him to secure grading work
in connection with his development at 22261 MCClellan Road, and relieve him of the task of
removing rock paving from the access road; and
WHEREAS, the City Council of the City of Cupertino has determined that it is
appropriate and in the public interest to accept said quitclaim on the terms upon which it is
offered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby accepts said quitclaim on the terms upon which it is offered, on behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City council of the City of
Cupertino this 5th day of June 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
ATTEST:
APPROVED:
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QUITCLAIM DEED
Thomas M McNair, owner of the land at 22261 McClellan Road, APN 357-04-077, hereinafter referred to as
the "GRANTOR", this 2.'1 day of jV)A'f 2007, 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:
Easements and reservations over the land at 22241 McClellan Road, APN 357-06-014, and more particularly
described as:
Private easement for road purposes in favor of all the owners of Lots, as shown upon that certain Map
entitled. "Map of Monta Vista Park", which Map was filed for record in the office of the Recorder of the
County of Santa Clara on April 11, 1917 in Book P of Maps, page 19, over Avenue of Palms, Vallecito Road,
Alma Way, Redondo Road and "Riviera'" as shown on said Map.
And
Reservation contained in the Deed from Santa Clara Valley Land Company, a corporation, to John Pichetti
and Augustine Baratta, dated April 3, 1921 and recorded May 6, 1922 in Book 552 of Deeds, page 154, and
as contained in the Deed from Monta Vista Estates Inc., a corporation, to John Pichetti and Augustine Baratta,
dated August i7, 1925, recorded August 29,1925 in Book 176 of Official Records, page 474.
GRANTOR reserves therefrom an easement five feet in width, for private sanitary sewer purposes, extending
from the easterly boundary of the Lands of Hart to the centerline of a 10-foot-wide sanitary sewer easement
(6144 OR 539), both as shown on Parcel Map of the land of Simms, which was filed for record in the office
of the Recorder of the County of Santa Clara on February 27, 1990, in Book 611 of Maps, at pages 23 and 24,
the southerly boundary of which five-foot-wide private sanitary sewer easement is the extension of the
southerly boundary of the aforementioned Lands of Hart, said extension beginning at a point that is the
southeasterly corner of the aforementioned Lands of Hart marked by a found %-inch iron pipe, as shown on
the aforementioned Parcel Map, and proceeding thence South 82023 '06"East, 14 feet, more or less, to a point
on the centerline of said 1 O-foot-wide sanitary sewer easement.
GRANTOR also reserves therefrom a temporary construction access easement over the aforementioned
private easement for road purposes in favor of all the owners of Lots, as shown upon that certain Map
entitled. "Map of Monta Vista Park", said temporary construction access easement terminating either (I)
when City of Cupertino Building Permit Number 03080010 is finalled and a certificate of occupancy is issued
by the City of Cupertino for the dwelling on 22261 McClellan Road, APN 357-04-077, or (2) on November
30, 2007, whichever comes first.
IN WITNESS WHEREOF, GRANTOR has executed this instnunent the day and year first above
written.
OWNER:
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Thomas M McNarr
(Acknowledgment and Notarial Seal Attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
Date
before me,
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personally appeared
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to be the person(81-whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/~e,'tl-ley executed the same in his/hQI::'tl:]I~ir authorized
capacity(ies}, and that by his/he##teir signature(~on the
instrument the persor$j, or the entity upon behalf of
which the person(s) acted, executed the instrument.
Place Notary Seal Above
WITNESS my hanZd o~
Signature~' ~
Signature 01 otary 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:
Document Date:
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Number of Pages:
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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@2006 National Notary Association. 9350 De Soto Ave" P,O, Box 2402. Chatsworth, CA 91313-2402 Item No, 5907 v609 Reorder: Cali Toli-Free 1-800-876-6827