11 Staff Report. Shannon Road Resolution of Necessity with attachments
Reviewed by: Interim Town Manager, Parks and Public Works Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024 ITEM NO: 11
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Consider Adoption of a Resolution of Necessity to Authorize Acquisition of
Private Property Through Eminent Domain for the Shannon Road Capital
Improvement Project (CIP No. 811-0008)
RECOMMENDATION:
Consider adoption of a Resolution of Necessity (Attachment 2) to authorize acquisition of
private property through eminent domain for the Shannon Road Capital Improvement Project
(CIP No. 811-0008).
EXECUTIVE SUMMARY:
This staff report is submitted for review by the Town Council of the Town of Los Gatos in
connection with a hearing to consider adoption of a Resolution of Necessity (Attachment 2).
Under California law, the Town cannot acquire private property via eminent domain unless
and/or until the Council has adopted a Resolution of Necessity by a four-fifths majority vote.
The statutory requirement that a public entity adopt a Resolution of Necessity before initiating
a condemnation action is designed to ensure that public entities will verify and confirm the
validity of their intended use of the power of eminent domain prior to the application of that
power in any one particular instance.
Staff recommends that the Council adopt a Resolution of Necessity (Attachment 2) to authorize
the acquisition by eminent domain of a fee interest in a portion of 14915 Shannon Road, Los
Gatos, CA (APN 537-27-047) (the “Larger Parcel”) for the Shannon Road Capital Improvement
Project (the “Project”). Specifically, an approximately 29,807 square foot portion of the Larger
Parcel (the “Subject Property”) comprised of (a) an approximately 21,929 square foot strip of
land within the existing Shannon Road right of way; and (b) an approximately 7,878 square foot
strip of land along the Larger Parcel’s frontage on Shannon Road. The Subject Property is more
PAGE 2 OF 8 SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private
Property Through Eminent Domain for the Shannon Road Capital Improvement
Project (CIP No. 811-0008) DATE: September 12, 2024
particularly described and depicted in the attachments to the Resolution of Necessity. As
described in more detail below, the Project is necessary to repair the roadbed, increase
Shannon Road’s pavement width, install guardrails, and install retaining walls on the north side
of Shannon Road.
The hearing on the Resolution of Necessity affords the property owner the opportunity to
address the Town Council on the necessity of acquiring the Property for the Project. However,
the amount of compensation the property owner is entitled to receive should not be discussed
at the hearing. That does not mean that negotiations for the acquisition of the Subject
Property are at an end. If the Town adopts the Resolution of Necessity, after the hearing,
negotiations for the acquisition of the Subject Property may continue.
BACKGROUND:
The Larger Parcel and the Subject Property
The Larger Parcel is comprised of approximately 27.09 acres that is improved with a single-
family home, barn, and outbuildings. The Larger Parcel is mostly raw, vacant land on the north
side of Shannon Road. The buildings are along the Larger Parcel’s frontage on Shannon Road
and will not be impacted by the proposed acquisition. The first approximately 150 feet of the
Larger Parcel immediately north of Shannon Road is relatively level to moderately sloping. The
rest of the Larger Parcel is relatively steeply sloped (30-50%) as the Larger Parcel extends north
up a hillside. Shannon Road runs along the Larger Parcel’s southern property line. The
Shannon Road right of way is 40-feet-wide, 20 feet of which are on the Larger Parcel in a road
easement. Figure 1 depicts the Larger Parcel.
PAGE 3 OF 8 SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private
Property Through Eminent Domain for the Shannon Road Capital Improvement
Project (CIP No. 811-0008) DATE: September 12, 2024
Figure 1. 14915 Shannon Road Property Boundary
As mentioned above, the Subject Property is comprised of (a) an approximately 21,929 square
foot strip of land within the existing Shannon Road right of way (i.e., within the Town’s existing
roadway easement); and (b) an approximately 7,878 square foot strip of land along the Larger
Parcel’s frontage on Shannon Road. Figure 2 depicts the approximately 21,929 square foot
portion of the Subject Property that is within the Town’s existing right of way (green) and the
approximately 7,878 square foot portion of the Subject Property that is along the Larger
Parcel’s Shannon Road frontage. The properties depicted on Figure 2 are those that are
required for implementation of the Shannon Road Repair project and the subject of this
hearing.
PAGE 4 OF 8 SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private
Property Through Eminent Domain for the Shannon Road Capital Improvement
Project (CIP No. 811-0008) DATE: September 12, 2024
Figure 2. Property of 14915 Shannon Road Required for Shannon Road Repair
The location of the proposed acquisition in relation to the Larger Parcel is depicted in Figure 3.
Figure 3. Location of Proposed Acquisition
A. The Project
The Town annexed the relevant portion of Shannon Road from the County of Santa Clara in
2018. This section of Shannon Road has failed repeatedly in the past. Before Shannon Road
was annexed, the County repaired the relevant section Shannon Road by injecting epoxy foam
PAGE 5 OF 8 SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private
Property Through Eminent Domain for the Shannon Road Capital Improvement
Project (CIP No. 811-0008) DATE: September 12, 2024
into the roadbed. However, that repair has since failed, and the roadbed has continued to
deteriorate.
The Project will implement a permanent repair to Shannon Road. The Project will install
retaining walls, increase the pavement width from 22 to 23 feet, and install guardrails and
provide area for a shoulder on the south side of Shannon Road.
B. Negotiations to Date
The Town obtained an appraisal of the Subject Property from appraiser Terry Larson, MAI. On
June 4, 2024, the Town sent the property owner a Government Code offer letter (Attachment
1) offering the full amount of that appraisal as just compensation for the proposed acquisition.
Mr. Elam indicated that he would obtain his own appraisal. However, to date, the Town has
not received a counter offer from Mr. Elam. Therefore, staff recommends that the Town
Council adopt a resolution of necessity to initiate eminent domain proceedings.
DISCUSSION:
As described above, to adopt a resolution of necessity, the Council must make the following
findings1:
1. The public interest and necessity require the proposed project;
2. The property described in the resolution is necessary for the proposed project;
3. The proposed project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury; and
4. That either the offer required by Section 7267.2 of the Government Code has been
made to the owner(s) of record or the offer has not been made because the owner
cannot be located with reasonable diligence.
This staff report provides data and information addressing each of these issues.
A. The Public Interest and Necessity Require the Project
First, the Town Council must find that the public interest and necessity require the Project. The
Town acquired the relevant section of Shannon Road from the County of Santa Clara in 2018
and immediately identified areas of pavement failure. Various engineering studies and analysis
revealed that the subbase below the northern travel lane (westbound travel) has numerous
voids and is unstable.
1 Code Civ. Proc. § 1245.230.
PAGE 6 OF 8 SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private
Property Through Eminent Domain for the Shannon Road Capital Improvement
Project (CIP No. 811-0008) DATE: September 12, 2024
As a Hillside Collector Street (See General Plan Page 5-16), Shannon Road is a critical
transportation route between San José and Los Gatos. It is a primary emergency evacuation
route for areas of east Los Gatos. If repairs are not made, the westbound travel lane may need
to be closed for safety reasons. The Project, which will repair the roadway and upgrade it to
meet current roadway design safety standards, is in the public interest.
B. The Interests Sought to be Acquired are Necessary for the Project
Second, the Town Council must find that the interests sought to be acquired are necessary for
the Project. As previously described, the Subject Property is necessary for the Project. The
Project could not be constructed as designed without the acquisition of the Subject Property.
C. The Project is Located in such a Manner as to Offer the Greatest Public Benefit
with the Least Private Detriment
Third, the Town Council must find that the Project is located in such a manner as to offer the
greatest public benefit with the least private detriment. In connection with the Project’s
design, staff and the Town’s consultants evaluated a variety of options. For example, the Town
considered shifting the roadway south to reduce or eliminate the need to acquire private
property on the north side of Shannon Road. However, that alternative would have required
the Town to “cut” into the hillside on the south side of the existing roadway. That design would
have required two retaining walls – one on the south side of Shannon Road to support the cut,
and second on the north side. That design would have significantly increased project costs and
environmental impact.
The Project, as currently proposed, offers the greatest public benefit with the least private
detriment because: (a) it requires the acquisition of the least possible amount of private
property required to permanently repair the impacted section of Shannon Road and upgrade it
to meet current roadway design safety standards; (b) the majority of the Subject Property is
already within a Town-owned road easement; and (c) it avoids a substantial excavation and
installation of a retaining wall on the south side of Shannon Road.
D. A Government Code Offer Has Been Delivered To the Property Owner
Fourth, the Council must find that the Town has extended an offer for the Subject Property
pursuant to Government Code section 7267.2 to the property owner. On June 4, 2024, the
Town sent an offer in conformance with Government Code section 7267.2(a) to the property
PAGE 7 OF 8 SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private
Property Through Eminent Domain for the Shannon Road Capital Improvement
Project (CIP No. 811-0008) DATE: September 12, 2024
owner (Attachment 1).2 Since sending the offer, the Town has reached out to the property
owner to ascertain whether a negotiated purchase is possible. To date, these efforts have been
unsuccessful.
On August 29, 2024, the Town mailed the property owner a Notice of Intent to consider
adoption of a Resolution of Necessity to acquire the Property by eminent domain at its regular
meeting of September 17, 2024. A copy of the notice provided to the property owner is in
Attachment 3.
E. Statutory Authority for Acquiring the Subject Property through Eminent
Domain
The Town is authorized to acquire the Subject Property for the Project pursuant to statutes
including, but not limited to, California Constitution, Article 1, Section 19; the California
Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not
limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120,
1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650,
and 1240.660; Government Code section 37350.5; Streets & Highway Code section 10102; and
other provisions of law.
F. Environmental Assessment
The Town fully complied with the California Environmental Quality Act, Public Resources Code
Section 21000 et seq., for acquiring the Subject Property when on September 4, 2024, the Town
determined that the Project is categorically exempt from CEQA pursuant to 14 California Code
of Regulation, sections 15301 (Existing Facilities Exemption) and 15061(b)(3) (Common Sense
Exemption). The County filed the Notice of Exemption in accordance with Public Resources
Code section 21152 on September 10, 2024. No further environmental review is required.
COORDINATION:
This report was coordinated with the Town Attorney’s Office and Department of Public Works.
2 The Town’s offer included an informational pamphlet describing the eminent domain process and the
property owner’s rights under the Eminent Domain Law. The Town’s offer also (1) contained a written statement of, and summary of the basis for, the amount it established as just compensation; and (2) offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000, for an independent appraisal of the Property. (Gov. Code § 7267.2.)
PAGE 8 OF 8 SUBJECT: Consider Adoption of Resolution of Necessity to Authorize Acquisition of Private
Property Through Eminent Domain for the Shannon Road Capital Improvement
Project (CIP No. 811-0008) DATE: September 12, 2024
FISCAL IMPACT:
If this property acquisition proceeds to trial as an eminent domain action, the fiscal impact to
the Town will be the property acquisition cost plus attorney fees and costs, which could be up
to $200,000. There is sufficient funding in the project budget to pay for the property
acquisition.
Attachments:
1. Government Code Offer Letter
2. Resolution of Necessity
3. Notice of Hearing on Resolution of Necessity
TOWN OF Los GATOS
PARKS & PUBLIC WORKS DEPARTMENT
PHONE ( 408) 399-5770 VIA EMAIL AND CERTIFIED MAIL June 4, 2024 Ray M. Elam, III Trustee, Elam Family Trust 1432 Sea Ridge Drive Newport Beach, CA 92660 E-mail: budelam@gmail.com SERVICE CENTER 41 MILES A VENUE Los GATOS, CA 95030 Re: Offer Pursuant to Government Code Section 7267 .2 to Acquire a Portion of 14915 Shannon Road, Los Gatos, CA (APN 537-27-047) Dear Mr. Elam: The Town of Los Gatos ("Town") is offering to purchase a portion of your property located at 14915 Shannon Road, Los Gatos, CA (APN 537-27-047) ("Larger Parcel"). The purpose of this letter is to transmit a formal offer to acquire a portion of the Larger Parcel from you pursuant to Government Code section 7267 .2. The Town proposes to acquire an approximately 29,807 square foot portion of the Larger Parcel comprised of: (a)an approximately 21,929 square foot strip ofland within the existing Shannon Road rightof way; and(b)an approximately 7,878 square foot strip ofland along the Larger Parcel's frontage onShannon Road (the "Subject Property").A detailed legal description of the Subject Property is attached hereto as Exhibit 1. The Town needs to acquire the Subject Property for the Shannon Road Capital Improvement Project (CIP No. 811-0008) (the "Project"). The Project will repair the roadbed, increase Shannon Road's pavement width, install guardrails, arid install retaining walls on the north side of the road. The Subject Property is within the area of the Project, and acquisition of the Subject Property is necessary for the Project. The Town would prefer to resolve this matter by negotiated purchase. Section 7267.2 of the Government Code requires the Town to make you an offer which represents the appraised fair market value of the property necessary for the Project. The Town offers the sum of Thirty-Nine INCORPORATED AUGUST 10, 1887
ATTACHMENT 1
1
RESOLUTION NO. ___________________
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO DETERMINE THE NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR THE SHANNON ROAD CAPITAL IMPROVEMENT PROJECT; TO AUTHORIZE COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY BY EMINENT DOMAIN; AND TO SEEK AN ORDER OF PREJUDGMENT POSSESSION
(CODE OF CIVIL PROCEDURE SECTION 1245.220)
Property Owner: Ray M. Elam, III, Trustee, Elam Family Trust Property Address: 14915 Shannon Road, Los Gatos, CA (portion) APN: 537-27-047
WHEREAS, the Town of Los Gatos proposes to acquire a portion of that certain real property located in the Town of Los Gatos, County of Santa Clara, State of California that is designated Assessors Parcel No. 537-27-047 (“Larger Parcel”). Specifically, an approximately 29,807 square foot portion of the Larger Parcel comprised of (a) an approximately 21,929 square
foot strip of land within the Town’s existing Shannon Road right of way; and (b) an
approximately 7,878 square foot strip of land along the Larger Parcel’s frontage on Shannon Road, as more particularly described and depicted in Exhibit A incorporated herein by reference (the “Subject Property”) for the Shannon Road Capital Improvement Project (“Project”);
WHEREAS, the Project will repair the roadbed and bring the road into compliance with
existing Town standards, including by increasing the width of the paved road surface, installing guardrails, and installing retaining walls on the north side of Shannon Road;
WHEREAS, the Town is vested with the power of eminent domain to acquire real
property interests by eminent domain for the public use set forth herein in accordance with the
California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, and 1240.660; Government Code
section 37350.5; Streets & Highway Code section 10102; and other provisions of law;
WHEREAS, the Town fully complied with the requirements of the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) for acquiring the Subject Property when on September 4, 2024, the Town determined that the Project is
categorically exempt from CEQA pursuant to 14 California Code of Regulation, sections 15301
(Existing Facilities Exemption) and 15061(b)(3) (Common Sense Exemption). The Town filed the Notice of Exemption in accordance with Public Resources Code section 21152 on September 10, 2024. No further environmental review is required;
WHEREAS, the Subject Property was appraised by an independent real estate appraiser
and an amount believed to be probable just compensation for the Subject Property was established by the Town;
ATTACHMENT 2
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2
WHEREAS, a written offer for the full appraised value was mailed to the owner or owners of record for the Subject Property, pursuant to Government Code section 7267.2;
WHEREAS, on August 29, 2024, the Town mailed a Notice of Intention to Consider Adoption of a Resolution of Necessity (“Notice”) for acquisition by eminent domain of the Subject Property. As required by Code of Civil Procedure section 1245.235, the Notice was mailed to all persons whose name(s) appear on the last County of Santa Clara Equalized County
Assessment Roll as having an interest in the Subject Property, and to the addresses appearing on
the Roll. The Notice advised the persons of their right to be heard on the matters referred to in the Notice on the date and at the time and place stated;
WHEREAS, the Notice informed the owner of its right to appear and to be heard by the
Board of Supervisors on the following matters: (a) whether the public interest and necessity
require the Project; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Subject Property sought to be acquired is necessary for the Project; and (d) whether the offer required by section 7267.2 of the Government Code has been made to the owner(s) of record; and
WHEREAS, the hearing referenced in the Notice was held on September 17, 2024, at the time and place stated in said notice, and all interested parties were given an opportunity to be heard on the following matters:
A.Whether the public interest and necessity require the Project;
B.Whether said Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
C.Whether the Subject Property is necessary for the Project; and
D.Whether the offer required by Government Code section 7267.2 has been made toall owners of record.
NOW, THEREFORE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS BY A VOTE OF FOUR-FIFTHS OR MORE OF ITS MEMBERS:
1.The recitals contained herein are true and correct;
2. The Subject Property is situated in the Town;
3.The public interest and necessity require the Project;
4.The interests in the Subject Property described and depicted in Exhibit A sought tobe acquired by eminent domain are necessary for the Project;
5.The Project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury;
3
6.The Town has complied with all conditions and statutory requirements necessaryto exercise the power of eminent domain to acquire the Subject Property, as well as any other
matter regarding the right to take said Subject Property by eminent domain, including but not
limited to, making the offer required by Government Code section 7267.2;
7. Insofar as any portion of the Subject Property has heretofore been appropriated forpublic use, the proposed use set forth herein constitutes a compatible use under Code of Civil Procedure section 1240.510 or alternatively a more necessary public use to which the Subject
Property is appropriated pursuant to Code of Civil Procedure sections 1250.410, 1240.610, and
1240.650. The Town is, thus, empowered to acquire the Subject Property for a compatible public use pursuant to Code of Civil Procedure section 1240.510 et seq., and a more necessary public use pursuant to Code of Civil Procedure section 1240.610 et seq.;
8. All environmental review required by law has been prepared and adopted; and
9.The Town Attorney is hereby authorized to acquire in the name of the Town the
Subject Property described in this Resolution in accordance with the provisions of California Eminent Domain Law, to commence an action in eminent domain, to deposit the probable amount of just compensation with the State Condemnation Fund, to apply to the Superior Court for an order permitting the Town to take immediate possession and make immediate use of the Subject
Property for the Project, to take all necessary steps to acquire the Subject Property under the law,
and to take such actions as he or she may deem advisable or necessary in connection therewith.
PASSED AND ADOPTED, by the Town Council of the Town of Los Gatos, State of California on September 17, 2024, by the following vote:
COUNCIL MEMBERS AYES: NOES: ABSTAIN:
ABSENT:
SIGNED:
___________________________________ MAYOR OF THE TOWN OF LOS GATOS, CALIFORNIA
DATE: __________________
4
___________________________ TOWN CLERK
Exhibits: A.Legal Description and Plat Map of the Subject Property
ATTEST:
EXHIBIT A
LEGAL DESCRIPTION
Shannon Road Grant of Right of Way
All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of
California, being a portion of the lands granted to Diane Barnett and Ray M. Elam, Ill as Co-
Trustees of the Elam Family Trust A by deed filed for record May 29, 2015 as Document
22970019 in the office of the Santa Clara County Recorder, being more particularly described as
follows:
Commencing at an iron pipe in monument box located at the northerly terminus of that certain
course shown as “N 46° 11’ 21” W, 394.60” on the map entitled “Record of Survey of the
Monument Line of Shannon Road...” filed for record July 13, 1978 in Book 422 of Maps at Pages
39-46 in said Recorder’s office; said course being depicted on sheet 4 of 8 therein, thence from
said point of commencement North 07°12’24” West, 26.58 feet to the true Point of Beginning
of this description; thence South 55°48’03” East, 31.91 feet; thence South 48*26'38” East, 45.97
feet; thence South 46*41'49” East, 107.02 feet; thence South 45*34'03” East, 124.07 feet to the
beginning of a curve concave northeasterly having a radius of 500.00 feet; thence southeasterly
along the arc of said curve 74.81 feet through a central angle of 08°34’21 to the beginning of a
non-tangent curve concave northeasterly having a radius of 350.00 feet, from which point the
radius bears North 34°44’06” East; thence southeasterly along the arc of said curve 99.18 feet
through a central angle of 16°14’09”; thence South 71*30'03” East, 57.32 feet to the beginning
of a curve concave southerly having a radius of 375.00 feet; thence easterly along the arc of
said curve 38.43 feet through a central angle of 5°52’20”; thence South 65°37'44” East, 153.47
feet; thence North 24*22'16” East, 5.00 feet; thence South 65*37'44” East, 9.00 feet; thence
South 24*22'16” West, 5.00 feet; thence South 65°37'44” East, 33.94 feet; thence North
24*22'16” East, 33.00 feet; thence South 65*37'44” East, 20.00 feet; thence South 24°22’16”
West, 33.00 feet; thence South 65°37’44” East, 68.97 feet to the beginning of a curve concave
southerly having a radius of 325.00 feet; thence southeasterly 44.19 feet through a central
angle of 07*47'28”; thence South 57°50’ 15’ East, 25.21 feet; thence North 32°09’45” East, 5.00
feet; thence South 57*50'15” East, 10.00 feet; thence South 32°09’45” West, 5.00 feet; thence
South 57*50'15” East, 33.40 feet to the beginning of a non-tangent curve concave
southwesterly having a radius of 335.00 feet, from which point the radius bears South
43°55’48” West; thence southerly along the arc of said curve 54.96 feet through a central angle
of 09°24’00”; thence South 25°59’14” East, 57.73 feet to a point in the westerly line of that
certain 72.14 acre tract granted to Manuel F. Escover by deed dated November 27, 1922, filed
for record in Book 566 of Deeds at Page 403 in said Recorder's office, from which point an iron
pipe in monument box located at the southerly terminus of that certain course shown as
“N 30°09’05” W, 240.63”” on sheet 4 of said Record of Survey bears South 16°54’19” East,
167.68 feet; thence along said westerly line South 23°40’51” West, 38.50 feet to an iron pipe
set at the southwesterly corner of said 72.14 acre tract; said corner being further described as
Page 1 of 2
LEGAL DESCRIPTION (cont.)
Shannon Road Grant of Right of Way
lying in the center of Shannon Road; thence along the southwest line of said lands of Elam et.
al., said southwest line also being the centerline of Shannon Road, the following courses and
distances, each as shown on that certain map entitled “Record of Survey of a portion of
Shannon Road” filed for record May, 28, 2024 in Book 962 of Maps at Page 10 in said
Recorder's office, North 24°21'16” West, 20.92 feet to the beginning of a curve concave
southwesterly having a radius of 285.00 feet; thence northwesterly along the arc of said curve
214.93 feet through a central angle of 43°12’32”; thence North 67°33’47” West, 69.26 feet to
the beginning of a curve concave northerly having a radius of 500.00 feet; thence northwesterly
along the arc of said curve 25.95 feet through a central angle of 02°58’26”; thence North
64°35’21” West, 150.28 feet to the beginning of a curve concave southerly having a radius of
750.00 feet; thence westerly along the arc of said curve 90.05 feet through a central angle of
06°52’46”; thence North 71°28’07” West, 42.02 feet to the beginning of a curve concave
northerly having a radius of 360.00 feet; thence northwesterly along the arc of said curve
161.26 feet through a central angle of 25°39’54”; thence North 45°48’13” West, 199.08 feet to
the beginning of a curve concave southwesterly having a radius of 2,500.00 feet; thence
northwesterly along the arc of said curve 127.44 feet through a central angle of 02°55’14”;
thence leaving said centerline of Shannon Road North 41*16'33” East, 20.00 feet to the point of
beginning.
Containing 29,807 square feet, more or less.
Bearings used in this description are based upon the California Coordinate System of 1983
(CCS83), Zone 3.
Prepared under the direction of:
Charles M. Weakley, L.S. 6421
Page 2 of 2
Point of Beginning DATUM NOTE: Bearings shown are based upon the California Coordinate System of 1983 (CCS1983), Zone 3, epoch 2021.3. Point of JS Commencement, "Sao, € Qs e Fnd. monument > “OX SO per R-1 N: 1,907,166.93 E: 6,145,747.40 a New R/W Line LEGEND Cl or L1 Rad R-1 See curve or line data table Occupational € Radial Bearing per 2023 Survey Bk. 422 Maps, Pg. 39-46 Deed Reference) xs EXHIBIT B: ~ Plat to Accompany Legal Description GRAPHIC SCALE ~ 60 0 ee 玫 aa 1inch = 60 ft. ON MOUNTAIN PACIFIC COS SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234 CURVE DATA TABLE NO. DELTA LENGTH RADIUS Ci 08° 34' 21" 74.81' 500.00" C2 16° 14' 09" 99.18' 350.00' C3 05° 52 20" 38.43' 375.00' LINE DATA TABLE NO. BEARING DISTANCE L1 NO7” 12 24"W 26.58' L2 S55° 48' 03"E 31.91' L3 $48” 26' 38"E 45.97' L4 $71° 30' 03"E 57.32' LS S65” 37' 44"E 153.47' 123 N71° 28 07"W 42.02' 124 N41° 16' 33"E 20.00' Right of Way SO (Property Line per 、 4760 OR 29,807: sq. ft. Fairfield, CA 94533 FAX (707) 425-1969 Scale: 1"=60' | Date: April 19, 2024 | Proj. No. 521058 | Sheet No.: 1 of 2 |
BEARING DISTANCE 5.00' 9.00' 5.00' 33.94' 33.00' 20.00' 33.00' 68.97' 25.21' 5.00' 10.00' 5.00' 33.40' 57.73 167.68' 38.50' 20.92' 42.02' N24° 22 16"E S65” 37' 44"E $24” 22 16"W $65° 37' 44"E N24° 22 16"E S65” 37' 44"E $24” 22 16"W S65” 37' 44"E 557” 50' 15"E N32° 09' 45"E 557” 50' 15"E $32” 09' 45"W 557” 50' 15"E $25° 59' 14"E $16° 54' 19"E $23° 40 51"W N24° 21' 16"W N71° 28' 07"W Occupational q per 2023 Survey (Property Line per Deed Reference) L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 LEGEND ClorLi Rad R-1 See curve or line data table Radial Bearing Bk. 422 Maps, Pg. 39-46 NO. C3 C4 C5 C6 DELTA 05° 52' 20" 07° 47' 28" 09° 24' 00" 02° 58' 26" LENGTH 38.43' 44.19' 54.96' 25.95' RADIUS 375.00' 325.00' 335.00' 500.00' EXHIBIT B Plat to Accompany Legal Description GRAPHIC SCALE 0 PN MOUNTAIN PACIFIC CO" SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234 60 60 1 inch = 60 ft. NJ Right of Way 29,807: sq. ft. New R/W Line Fnd. monument per R-1 N: 1,906,431.20 E: 6,146,674.22 Fairfield, CA 94533 FAX (707) 425-1969 Scale: 1"=60' | Date: April 19, 2024 | Proj. No. 521058 | Sheet No.: 2 of 2
TOWN OF LOS GATOS OFFICE OF THE TOWN ATTOR:\EY (408)354-6880Attorncy@LosGatosCA.g_ov
CERTIFIED MAIL RETURN RECEIPT REQUESTED AND EMAIL
August 29, 2024
Ray M. Elam, III
Trustee, Elam Family Trust
1432 Sea Ridge Drive
Newport Beach, CA 92660 E-mail: ht1�!c:J,1n11i1.grn;1il .C()J_r1
Ray M. Elam, III Trustee, Elam Family Trust 2549 Eastbluff Drive, Unit 361
Newport Beach CA 92660
NOTICE OF INTENTION TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT
DOMAIN; AUTHORIZING COMMENCEMENT OF LITIGATION TO
ACQUIRE PROPERTY AND FOR ORDER OF POSSESSION
Town of Los Gatos Shannon Road Capital Improvement Project
14915 Shannon Road, Los Gatos, CA (Portion)
APN: 537-27-047
Re: Notice of Hearing to Consider Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain. (Code Civ. Proc. § 1245.235.)
1.Notice of Hearing where the Town Council of the Town of Los Gatos willConsider Adopting a Resolution of Necessity. The Town Council of the Town of Los Gatos ("Council") intends to hold a hearing to consider whether a Resolution of Necessity should be adopted that, if adopted, will authorize the Town of Los Gatos ("Town") to acquire a portion of
your property located at 14915 Shannon Road, Los Gatos, CA (APN 537-27-047) ("Larger
Parcel'') by eminent domain for the Shannon Road Capital Improvement Project ('"Project").
Specifically, an approximately 29,807 square foot portion of the Larger Parcel comprised of
(a)an approximately 21,929 square foot strip ofland within the existing Shannon Road right of
way; and (b) an approximately 7,878 square foot strip ofland along the Larger Parcel's frontage
on Shannon Road (collectively, the "Subject Property''). Attached hereto as Exhibit A is alegal description and map of the Subject Property.
Page 1 of 3
ATTACHMENT 3
If you elect not to appear and be heard at the hearing on the proposed Resolution of Necessity, your decision not to appear and be heard will constitute a waiver of your right to challenge the Town's right to acquire the Subject Property by eminent domain. (Code Civ.
Proc.§ 1245.235(b)(3).) Thus, the matters described in the Resolution of Necessity will be
deemed to be established.
4.You Will Not Waive the Right to Claim Greater Compensation if You DoNot Appear at the Hearing. The amount of compensation to be paid for the Subject Property will not be decided or heard at this hearing. Your nonappearance at this noticed hearing will not prevent you from claiming compensation in an amount to be determined by a court of law under the laws of the State of California. This notice is not intended to foreclose further ongoing negotiations between you and Town representatives on the amount of compensation to be paid to you for the Subject Property. At this hearing, the Council will not make any determination about
the amount of money to be paid or to be offered to you for the Subject Property.
However, if you elect not to appear and be heard, you will be foreclosed from raising in a court of law the issues which are the subject of this noticed hearing and which are concerned with the right to take the Subject Property by eminent domain.
If the Council elects to adopt the proposed Resolution of Necessity, then within six months of the adoption of the Resolution, the Town will commence eminent domain proceedings in Superior Court to acquire the Subject Property. The amount of compensation to which you are entitled for
the Subject Property will be detennined in that court proceeding.
Town of Los Gatos
i / uJ) ,< JJJ ,'By:\ vVVV
Laurel Prevetti,
Dated, mailed, and emailed on: August 29, 2024
Enclosure: Exhibit A -Legal Description and Plat Map of the Subject Property
Page 3 of 3
EXHIBIT A
LEGAL DESCRIPTION
Shannon Road Grant of Right of Way
All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of
California, being a portion of the lands granted to Diane Barnett and Ray M. Elam, Ill as Co-
Trustees of the Elam Family Trust A by deed filed for record May 29, 2015 as Document
22970019 in the office of the Santa Clara County Recorder, being more particularly described as
follows:
Commencing at an iron pipe in monument box located at the northerly terminus of that certain
course shown as “N 46° 11’ 21” W, 394.60” on the map entitled “Record of Survey of the
Monument Line of Shannon Road...” filed for record July 13, 1978 in Book 422 of Maps at Pages
39-46 in said Recorder’s office; said course being depicted on sheet 4 of 8 therein, thence from
said point of commencement North 07°12’24” West, 26.58 feet to the true Point of Beginning
of this description; thence South 55°48’03” East, 31.91 feet; thence South 48*26'38” East, 45.97
feet; thence South 46*41'49” East, 107.02 feet; thence South 45*34'03” East, 124.07 feet to the
beginning of a curve concave northeasterly having a radius of 500.00 feet; thence southeasterly
along the arc of said curve 74.81 feet through a central angle of 08°34’21 to the beginning of a
non-tangent curve concave northeasterly having a radius of 350.00 feet, from which point the
radius bears North 34°44’06” East; thence southeasterly along the arc of said curve 99.18 feet
through a central angle of 16°14’09”; thence South 71*30'03” East, 57.32 feet to the beginning
of a curve concave southerly having a radius of 375.00 feet; thence easterly along the arc of
said curve 38.43 feet through a central angle of 5°52’20”; thence South 65°37'44” East, 153.47
feet; thence North 24*22'16” East, 5.00 feet; thence South 65*37'44” East, 9.00 feet; thence
South 24*22'16” West, 5.00 feet; thence South 65°37'44” East, 33.94 feet; thence North
24*22'16” East, 33.00 feet; thence South 65*37'44” East, 20.00 feet; thence South 24°22’16”
West, 33.00 feet; thence South 65°37’44” East, 68.97 feet to the beginning of a curve concave
southerly having a radius of 325.00 feet; thence southeasterly 44.19 feet through a central
angle of 07*47'28”; thence South 57°50’ 15’ East, 25.21 feet; thence North 32°09’45” East, 5.00
feet; thence South 57*50'15” East, 10.00 feet; thence South 32°09’45” West, 5.00 feet; thence
South 57*50'15” East, 33.40 feet to the beginning of a non-tangent curve concave
southwesterly having a radius of 335.00 feet, from which point the radius bears South
43°55’48” West; thence southerly along the arc of said curve 54.96 feet through a central angle
of 09°24’00”; thence South 25°59’14” East, 57.73 feet to a point in the westerly line of that
certain 72.14 acre tract granted to Manuel F. Escover by deed dated November 27, 1922, filed
for record in Book 566 of Deeds at Page 403 in said Recorder's office, from which point an iron
pipe in monument box located at the southerly terminus of that certain course shown as
“N 30°09’05” W, 240.63”” on sheet 4 of said Record of Survey bears South 16°54’19” East,
167.68 feet; thence along said westerly line South 23°40’51” West, 38.50 feet to an iron pipe
set at the southwesterly corner of said 72.14 acre tract; said corner being further described as
Page 1 of 2
LEGAL DESCRIPTION (cont.)
Shannon Road Grant of Right of Way
lying in the center of Shannon Road; thence along the southwest line of said lands of Elam et.
al., said southwest line also being the centerline of Shannon Road, the following courses and
distances, each as shown on that certain map entitled “Record of Survey of a portion of
Shannon Road” filed for record May, 28, 2024 in Book 962 of Maps at Page 10 in said
Recorder's office, North 24°21'16” West, 20.92 feet to the beginning of a curve concave
southwesterly having a radius of 285.00 feet; thence northwesterly along the arc of said curve
214.93 feet through a central angle of 43°12’32”; thence North 67°33’47” West, 69.26 feet to
the beginning of a curve concave northerly having a radius of 500.00 feet; thence northwesterly
along the arc of said curve 25.95 feet through a central angle of 02°58’26”; thence North
64°35’21” West, 150.28 feet to the beginning of a curve concave southerly having a radius of
750.00 feet; thence westerly along the arc of said curve 90.05 feet through a central angle of
06°52’46”; thence North 71°28’07” West, 42.02 feet to the beginning of a curve concave
northerly having a radius of 360.00 feet; thence northwesterly along the arc of said curve
161.26 feet through a central angle of 25°39’54”; thence North 45°48’13” West, 199.08 feet to
the beginning of a curve concave southwesterly having a radius of 2,500.00 feet; thence
northwesterly along the arc of said curve 127.44 feet through a central angle of 02°55’14”;
thence leaving said centerline of Shannon Road North 41*16'33” East, 20.00 feet to the point of
beginning.
Containing 29,807 square feet, more or less.
Bearings used in this description are based upon the California Coordinate System of 1983
(CCS83), Zone 3.
Prepared under the direction of:
Charles M. Weakley, L.S. 6421
Page 2 of 2
Point of Beginning DATUM NOTE: Bearings shown are based upon the California Coordinate System of 1983 (CCS1983), Zone 3, epoch 2021.3. Point of JS Commencement, "Sao, € Qs e Fnd. monument > “OX SO per R-1 N: 1,907,166.93 E: 6,145,747.40 a New R/W Line LEGEND Cl or L1 Rad R-1 See curve or line data table Occupational € Radial Bearing per 2023 Survey Bk. 422 Maps, Pg. 39-46 Deed Reference) xs EXHIBIT B: ~ Plat to Accompany Legal Description GRAPHIC SCALE ~ 60 0 ee 玫 aa 1inch = 60 ft. ON MOUNTAIN PACIFIC COS SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234 CURVE DATA TABLE NO. DELTA LENGTH RADIUS Ci 08° 34' 21" 74.81' 500.00" C2 16° 14' 09" 99.18' 350.00' C3 05° 52 20" 38.43' 375.00' LINE DATA TABLE NO. BEARING DISTANCE L1 NO7” 12 24"W 26.58' L2 S55° 48' 03"E 31.91' L3 $48” 26' 38"E 45.97' L4 $71° 30' 03"E 57.32' LS S65” 37' 44"E 153.47' 123 N71° 28 07"W 42.02' 124 N41° 16' 33"E 20.00' Right of Way SO (Property Line per 、 4760 OR 29,807: sq. ft. Fairfield, CA 94533 FAX (707) 425-1969 Scale: 1"=60' | Date: April 19, 2024 | Proj. No. 521058 | Sheet No.: 1 of 2 |
BEARING DISTANCE 5.00' 9.00' 5.00' 33.94' 33.00' 20.00' 33.00' 68.97' 25.21' 5.00' 10.00' 5.00' 33.40' 57.73 167.68' 38.50' 20.92' 42.02' N24° 22 16"E S65” 37' 44"E $24” 22 16"W $65° 37' 44"E N24° 22 16"E S65” 37' 44"E $24” 22 16"W S65” 37' 44"E 557” 50' 15"E N32° 09' 45"E 557” 50' 15"E $32” 09' 45"W 557” 50' 15"E $25° 59' 14"E $16° 54' 19"E $23° 40 51"W N24° 21' 16"W N71° 28' 07"W Occupational q per 2023 Survey (Property Line per Deed Reference) L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 LEGEND ClorLi Rad R-1 See curve or line data table Radial Bearing Bk. 422 Maps, Pg. 39-46 NO. C3 C4 C5 C6 DELTA 05° 52' 20" 07° 47' 28" 09° 24' 00" 02° 58' 26" LENGTH 38.43' 44.19' 54.96' 25.95' RADIUS 375.00' 325.00' 335.00' 500.00' EXHIBIT B Plat to Accompany Legal Description GRAPHIC SCALE 0 PN MOUNTAIN PACIFIC CO" SURVEYS 1735 Enterprise Dr, Suite 109 PH (707) 425-6234 60 60 1 inch = 60 ft. NJ Right of Way 29,807: sq. ft. New R/W Line Fnd. monument per R-1 N: 1,906,431.20 E: 6,146,674.22 Fairfield, CA 94533 FAX (707) 425-1969 Scale: 1"=60' | Date: April 19, 2024 | Proj. No. 521058 | Sheet No.: 2 of 2