1991-202-Authorizing The Execution Of A Right Of Entry With Santa Clara County Traffic AuthorityNOT- -0 /71IIi111[ /]`►fLS' IIZ��IYa
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY
WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY
RESOLVED, the Town Council of the Town of Los Gatos does hereby approve the
Right of Entry Agreement with the Santa Clara County Traffic Authority attached hereto
as Exhibit "A ", and that the Town Manager is authorized, and is hereby directed to execute
said agreement in the name and in behalf of the Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of September, 1991, by the following vote.
TOWN COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
NAYS: None
ABSENT: Mayor Brent N. Ventura
ABSTAIN: Eric D. Carlson _
SIGNED:- �./'��
VICE -MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN 4 OS GATOS
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RIGHT OF ENTRY
Mr. Will Kempton, Executive Director
Santa Clara County Traffic Authority
1754 Technology Drive, Suite 224
San Jose, CA 95110
Parcel No. 424 -38 -41
September 3. 1991
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Permission is hereby granted to the Santa Clara County Traffic Authority, its agents or assigns, to
enter upon our land, as described on the attached description and map, which is part of this Right of Entry,
for the purpose of constructing or improving Route 85 Highway and accomplishing all necessary incidents
thereto.
It is understood that this permission is not a waiver in any way of the right to compensation for such
land or of any remedy authorized by law to secure payment therefor.
This permission is granted in consideration of the location, improvement and construction of a
highway and incidents thereto, which it is understood is required by the Santa Clara County Traffic Authority
acting for the Department of Transportation with the understanding that you will hereafter without
unnecessary delay, negotiate with the undersigned, and any other person, if any, having any right, title, or
interest in said property, to agree upon terms of compensation and that, if any agreement cannot be reached
you will promptly commence eminent domain proceedings, including a deposit of funds to support an Order
for Possession, to have such a compensation determined.
Section 1245.235 of the Code of Civil Procedures requires the State of California, Department of
Transportation, to give each person whose property is to be acquired by eminent domain notice and a
reasonable opportunity to appear before the California Transportation Commission and be heard on the
matters referred to in Section 1240.030 of the Code of Civil Procedure, which provides:
'The power of eminent domain may be exercised to acquire property for a proposed project only
if all of the following are established:
"(a) The public interest and necessity require the project.
"(b) 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) The property sought to be acquired is necessary for the project.
"(d) The offer required by Section 7267.2 of the Government Code has been made to the owner
or owners of record." (If an offer has not been made, an appraisal will be prepared as soon
as practicable and an offer made of the full amount of such appraisal.)
By granting this Right of Entry to the Santa Clara County Traffic Authority we hereby waive our right
to appear and be heard on the matters referred to in Section 1240.030 (a), (b), and (c) of the Code of Civil
Procedure, as quoted above. We agree that the State can establish the truth of the above - quoted matters,
and we will not contest the adoption of a resolution of necessity by the California Transportation Commission
provided that the requirements of Code of Civil Procedure Section 1240.030 (d) have been met. Therefore,
because Section 1245.250 of the Code of Civil Procedure states that the adoption of a resolution of necessity
by the California Transportation Commission conclusively establishes the matters quoted above, it is
understood that provided that the requirements of Code of Civil Procedure Section 1240.030 (d) have been
met, the issues which will be determined in any subsequent eminent domain proceeding will be limited to
those of just compensation as they relate to the property covered by this agreement and no issues will be
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raised therein or in preliminary proceedings thereto challenging the public use or necessity of the project,
or the utilization therefor of the property covered by this Right of Entry.
It is understood that the Santa Clara County Traffic Authority will pay interest on the just
compensation paid from September 3, 1991, by the Santa Clara County Traffic Authority. The rate of
interest will be the rate of earnings of the Surplus Money Investment Fund and computation will be in
accordance with Section 1268.350 of the Code of Civil Procedure. Interest will be computed to and
including the date of deposit of compensation.
Recommended for Approval
Right of Way Agent
By:
Senior Right of Way Agent
Accepted:
Santa Clara County Traffic Authority
By:
WILL KEMPTON
Executive Director
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Sincerely,
David W. Knapp
Town Manager
APPROVED AS TO FORM
Katherine Anderton
Town Attorney