2024-050 - 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)RESOLUTION 2024-050
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: John W. Hoffee
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;
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Resolution 2024-050 November 19, 2024
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 November 1, 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
Town Council of the Town of Los Gatos 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 November 19, 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 to all
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 to be
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;
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Resolution 2024-050 November 19, 2024
6. The Town has complied with all conditions and statutory requirements necessary to
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 for
public 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 November 19, 2024, by the following vote:
COUNCIL MEMBERS
AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Hudes, Mayor Mary Badame
NOES: None
ABSTAIN: None
ABSENT: None
ATT ST:
TOWN C _RK
SIGNED:
MAYTOWN OF LOS GATOS, CALIFORNIA
Exhibits:
A. Legal Description and Plat Map of the Subject Property
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Resolution 2024-050 November 19, 2024
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, III 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; theri'de along said westerly line South 23°40'S1" 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 1of2
EXHIBIT A
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 Tess.
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
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