1996-094-Contesting To The County Of Santa Clara's Exercise Of Extraterritorial Jurisdiction To Investigate The Feasibility Of Acquiring A Slope Easement At 17605 Foster Road And To Purchase Such An Easement Through NegotiationRESOLUTION 1996 - 94
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONSENTING
TO THE COUNTY OF SANTA CLARA'S EXERCISE OF EXTRATERRITORIAL
JURISDICTION TO INVESTIGATE THE FEASIBILITY OF ACQUIRING A SLOPE
EASEMENT AT 17605 FOSTER ROAD AND TO PURCHASE SUCH AN EASEMENT
THROUGH NEGOTIATION
WHEREAS:
A. The County of Santa Clara is attempting to reach a settlement of an ongoing
question regarding sight distances at a driveway at 17601 Foster Road, an unincorporated area
adjacent to the Town limits.
B. One alternative to reaching a solution may be cutting back on the slope adjacent to
the driveway on property located within the Town at 17605 Foster Road.
C. The County of Santa Clara has requested the Town by formal resolution of the
Board of Supervisors to consent to extraterritorial jurisdiction by the County to proceed with an
investigation and possible purchase of the slope area in the Town.
D. It is in the public's interest to consent to the County's exercise of such jurisdiction
in order to allow the County a full opportunity to reach a fair and equitable solution to the
questions presented pursuant to State law.
E. This consent is given with the understanding that the County will proceed in
accordance with the requirements of State law.
F. This consent shall not be construed as any opinion regarding the merits of the
alternatives available or the underlying issues involved.
G. This consent does not include the use of eminent domain to acquire any property
rights, but requires the County to request additional consent from the Town should such an
eminent domain proceeding be found necessary by the County.
RESOLVED:
The Town of Los Gatos hereby consent to the County of Santa Clara's exercise of
extraterritorial jurisdiction pursuant to the California Code of Civil Procedure to investigate
possible alternative and purchase of property rights in 17605 Foster Road to improve sight access
at the driveway located at 17601 Foster Road.
2. This consent is valid until such time as the property rights described in this
Resolution are purchased, the consent is withdrawn by the Town by formal resolution, or
December 31, 1997, whichever occurs first.
3. Should the County determine that eminent domain proceedings are necessary in
order to resolve the issues, then the County shall request consent by the Town to such
proceedings before initiating them.
4. The Town Clerk is requested to deliver a certified copy of this Resolution to the
Clerk of the Board of Supervisors of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 15th day of July, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin.
NAYS: None
ABSENT: Mayor Randy Attaway
ABSTAIN: None
SIGNED.
V MAYOR OF THE TO OF LOS GATOS
L GATOS, CALIFORNIA
ATTEST:
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CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA