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August 2007
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There are a lot of cool people in Los Gatos, and some of them are actually famous. You can go to Wikipedia or other places to get a partial list of the high-profile people who live here or have lived here. I tend to avoid naming names on this blog because I figure most of those folks would rather just try to live a normal life and be somewhat incognito.
Yes, most of the famous people - I believe - really just want to be treated like regular folks (at least most of the time). Fame can be a great thing, but it can also be a terrible thing. It's terrible when you cannot enjoy a restaurant meal or just go shopping "like a normal person" because people won't leave you alone. It's also a downer when you aren't really sure who your friends are because so many just want to hang on your coattails because you're doing well and in the spotlight. It is a nightmare when paparazzi have you in their sites and microanalyze your every move or people follow you in your car because they're curious or who knows what.
On the flip side, fame can offer some perks - it can be fun at times, but perhaps most of all, it can help those who have it to do a world of good when they bring attention to an important cause.
And that's the case with Peggy Flemming, the famous Olympian skater, who resides here with her family here in The Cats. I always smile to see her around town, and I always leave her alone. Our sons went to preschool together, and attended the same high school, though I don't think they really knew each other then (and I'm sure she would not remember me). So over the years, I've seen her here and there and thought it was neat that she was and is a woman with no "airs". Just another nice mom around town, but one I respect a lot.
Obviously, there's a lot more to her than what I've mentioned so far. Just now I read a neat article about Peggy Flemming Jenkins and all of this is just a lead-in to that. The article discusses her battle with breast cancer and the work she does in that arena now (as well as many other things, professional and personal, such as work with her and her husband's wines).
So have a read, and be inspired. There are good people all around us. Sometimes we just need to have the spotlight shine on them a bit so we know about it, and hopefully can be inspired to do some good ourselves as well.
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Last week, I did a post on
easements and promised to do a followup on adverse possession. My intention had been to
do it sooner, but we were on a trip (seeing colleges and relatives out of state) and upon my return there was an awful lot of
realty work that needed my very immediate attention. So please pardon my delay in explaining this concept.
In the discussion on easements, I explained that a prescriptive easment can happen if someone uses your property notoriously
& conspicuously over a period of years without interruption.
With adverse possesion, it goes one step further. Not only does a person use another's land notoriously, conspicuously,
without interruption and for a period of years, but additionally that same person pays the taxes on the same land. By doing
so, eventually the hostile takeover with taxes paid can result in a transfer of title! Every state has a law about the amount
of time required and other factors, and in California the timeframe is 5 years.
Why do you need to know this? Will you ever use it in Los Gatos?
Maybe not. On the other hand, let's say you have inherited a piece of property somewhere far away, and you're not paying a
whole lot of attention to it for some reason. If a neighbor there uses your land and pays the taxes for whatever period of
time is deemed necessary by that state, you will most likely loose your property.
An attorney I know told a story of a client of his who used adverse possession to obtain property in an obscure part of
California. The client's land was adjacent to an unused parcel owned by a large utility company. This client used the land
openly etc. and paid taxes on it. The utlility company paid no attention - or perhaps really did not care - and after 5 years,
and a little bit of legal legwork, that client obtained title to the land formerly owned by the utility. And boy was it a
cheap "purchase"!
So pay attention to your land and your taxes to protect your assets. It is unlikely you will be in a situation similar to the
lawyer's client, but you never know. It's always good to understand your rights and risks.
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Happy Birthday, Los Gatos!!
The Town of Los Gatos was incorporated 120 years ago today, August 10, 1887, with 1 square mile (100 acres) on either side of the Los Gatos Creek. Today the town includes about 12 square miles.
Other Happenings in 1887 (though not August 10th)
That was a busy year, and a significant one, for Los Gatos. Also in 1887 the Almond Grove District was created with 170 lots - 121 of which were all auctioned off in one day!
And again in that same year, Albert Vollmer settled on a prune ranch in what is now known as Vasona Park. Vollmer is the one responsible for the name Vasona. As a child, he had a pony by that name, When he later arranged for a whistle stop at his ranch (so that his daughter could commute by rail to her job in San Jose), he dubbed the stop "Vasona".
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The nicely updated and remodeled homes in the lower prices to move-up prices in Los Gatos continue to sell well (quickly, often with multiple offers) if they are priced right. Specifically, these are homes under $2 million. It is close to a "balanced market" overall - for the most part, prices in Los Gatos are holding steady (though it appears that in some areas and price ranges, sales prices may be creeping up). Days on market have been shrinking recently. Inventory is also down.
Because inventory is low there is pressure on the buyers. The number of sales is rising when you consider the averages (first figure) spread out over 12 months, but falling sharply when the three month view is considered. What is happening? Sales are picking up a little generally but now, in August, they are falling off. This is seasonally normal. The median and average sales prices seem to be keeping pace. Days on market have been shrinking.
The following chart shows median and average price trends plus sales. The chart uses a 12-month moving average to eliminate any seasonal variation.
Overall, it is close to a balanced market (much less of a buyers market than it was a few months or a year ago), especially in the homes under $2 million.

The next chart is the same as above but uses a 3-month moving average. This smoothes out month-to-month variations yet shows seasonal variations.

This chart shows the current inventory of homes for sale compared to the number that have sold. Notice please that inventory is declining and sales are too - but not as much. This means that overall, the available number of homes is shrinking. Less supply but not a lot less demand. Result? It's swinging into the seller's favor. The seller may now get the house sold because prices have not been falling but overall, inventory has.

The next series of charts shows the same thing as above but for condominiums and town homes. This is very similar to what we're seeing in the single family market. Prices are holding steady and the number of sales is rising, generally, when the 12 month average is considered.



For detailed information on specific homes or neighborhoods, contact me.
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What's an easement? In a nutshell, it is the right to use someone else's property.
The most common types of easements are ones we can't easily escape: they are for power, water, perhaps phone lines. The utility companies have a right to go onto your land to get to the water pipes outside your home or to the power or telephone lines in your backyard. They have a right to go there and do not need your permission, generally speaking, if the need arises. (That said, they usually do give notice unless it's an emergency.)
Easments can be given by the landowner to the person or organization that wants to use it too. This can be done for charitable reasons or for payment and it can involve cash payment for the use of the land. For instance, the right to use a driveway from one parcel to access another might be a great convenience to the person who wants the easment (it might be a much shorter route home than another alternative).
As a charitable example, an easment might be granted by a property owner to the general public to have a shortcut to a park or trail. In this case, the landowner might close the access off once a year and also post a "right to pass by permission" type of notice so that this easement is as a temporary gift and not a permanent loss of rights of the landowner. (An interruption in the use of the easement.)
A "prescriptive easement" is one that happens by accident as far as the landowner is concerned. In this case, others openly and notoriously used the property owner's land without interruption (as a shortcut, a driveway, etc.) for a period of years without the owner objecting or preventing that use. Eventually, the right to use the land for those purposes can become permanent. To form a prescriptive easement, the use must be open, notorious, for a period of years, and uninterrupted.
To give a real-life example, there were two homes in Cambrian Park with fences and gates - we'll call them lots A and B. The the fence for Lot A extended further toward the street than that of Lot B. And the gate for Lot A opened not onto its own front yard, but onto the front yard of Lot B. (The gate was at a 90 degree angle to where it should have been.)
If the homeowner of Lot B did not object, but allowed the folks in Lot A to go through their gate and onto the land of Lot B for a period of time, it would become a prescriptive easement.
What to do? The only thing to do to prevent the prescriptive easement being formed is to object and to request (insist upon) the gate being rebuilt. Hopefully that would not require legal action. But to allow someone to cross your property without objection for a period of years is to invite the formation of a prescriptive easement.
When buying or selling a home, easments will be listed on the preliminary title report. Normally these are simply the utility easements. Not every easement is recorded, though, so do not rely on the preliminary title report for assurance that there are no easements. Home or landowners must pay attention to the use of the land and be aware of any risk of the formation of prescriptive easements. Homebuyers should check the land too and see if it appears that the property is being used by others.
Could anything be worse for a homeowner than a prescriptive easement?
Yes.
Adverse possession. We'll discuss that later this week.
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From Burlington, Vermont:
Today my kids and I flew out of San Jose airport at the crack of dawn (earlier, really) for points east on United Airlines. We arrived at the airport not nearly early enough for my comfort level (less than an hour!), bags to check and long security lines to face. I love to travel and also love to have an abundance of time, but with none to spare I quickly morph into a highly stressed person. I promised my teens, "I will calm down as soon as the bags are checked and we're through the security line".
We gave over our suitcases at the curb (luckily no wait outside - we avoided a long one inside) and got through security with about 3 minutes to spare before boarding began. We were triply careful to reclaim all of our belongings after the screening. It was not until we were seated and buckled into row 16 that I noticed that my wallet was missing! This is a huge problem,as you might imagine, in trying to pay for anything, trying to get the rental car in Burlington later today, trying to get on the next flight to Chicago on Tuesday.
Hopping up in a bit of a panic, I told the flight attendants that my wallet was gone; I thought I must have left it at the security counter by accident (truth be told, I managed to leave my tablet computer at BostonLogan airport's security area in late May and so now I don't trust myself). As fast as I could go in flip flops and a peasant skirt, I rushed down the zig zagging ramp to the gate person and explained my crisis of credentials and cash. He told me to hurry to security. I ran - I'm sure I was a sight at 6:00 am running through the terminal - and returned to the TSA area.
They didn't have it.
I was a little crestfallen and told them my name, what it looked like and which flight I was on in case it turned up.
Again I ran through the terminal, my pink flip flops slapping the floor as I ungracefully made my way back toward the plane.The gate clerk looked at me sympathetically as I explained the wallet wasn't there. I described it to him "just in case" it somehow appeared. Helpfully, he offered that it was probably in my bag. I liked the thought, but the purse is small and was jammed full, so I knew it wasn't there. "From your lips to God's ears", I replied.
I walked briskly up the long ramp, wondering how I was going to board planes or rent a car without my ID, cash, or credit card. Certainly people have survived worse, but it wasn't a challenge I was thrilled to add to my day.
The flight attendants greeted me again and I told them it wasn't there - I was hoping maybe it had fallen out on the plane as we boarded so yet again, I described my wallet to them. One of them suggested that once we were in the air, I could come up to first class and search my bags with more elbow room. She said that this did happen to people sometimes and almost always it was in the bag.
So credit is due to the kind folks at United for their sympathy and willingness to help (and to try to reassure me too). Internally I was freaking out. They did everything possible to help me. I was wondering "what next?" What's the solution?
Everyone was seated and buckled by now. I travel a fair amount but had never held up a plane before and wasn't very pleased with myself over the situation. The kids looked up at me as I came down the aisle. "No luck" - I shook my head.
I told them I wasn't sure how this was going to work out with key documents gone. They were brainstorming solutions ("Dad can transfer money to my checking account and we can use my debit card") when the nice gentleman from the gate appeared on the plane, smiling. One of the flightattendants was just behind him and gave me a signal that it was found.
Apparently it fell out of my purse and was found on a seat at the gate.
A kind stranger turned it in. Intact. It had my ID, credit cards, cash.
Thank you, whoever you are. Thank you from the bottom of my heart!
Next time, when I get through security, I'll slow down long enough to zip up my purse.
It was good to buckle up next to my kids and know that I had everything again. I was thinking how lucky I am that someone took the time to turn it in to the gate so fast, that I'd even noticed it before we left at all. The morning had been frantic before this added excitement, but the MIA wallet was a whole new level of stress.
Remembering that I had assured my family (Jim too, who'd driven us in) that I would calm down once we got through security, Brian turned to me and teased, "Hey Mom, you broke your promise!" Luckily, he was saying it with a smile.
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Los Gatos is hopping with things to do in early August! Take a look at these events and see what fits into your schedule!
Aug. 4: 12 noon - 2pm (FREE MUSIC) at Borders in Old Town, Los Gatos - Debbie Thacker, a songwriter with mixed pop, jazz and folk,
Aug. 4: Annual Los Gatos Shakespeare in the Park - Pericles, Prince of Tyre
at Oak Meadow Park at the corner of Blossom Hill Rd. & University Ave.
(Tickets 800-838-3006, Office 408-996-0635) www.festivaltheatreensemble.org
Aug. 5 : 5:00 to 7:00 PM Music in the Park (FREE MUSIC) - Sage (Rock & Roll, great band!) at Civic Center lawn at 110 E. Main St. (Community Services 408-354-6820) http://www.losgatosca.gov/index.asp?NID=1220
Aug. 8: Jazz on the Plazz (FREE MUSIC) - Nancy Kelly & Giacomo Gates (A Tribute to Louis Prima) at Park Plaza at Main St and Santa Cruz Ave. www.jazzontheplazz.com
Aug. 9-12: 8pm-11pm nightly In the Park After Dark Movie Week at Vasona Park
. Join park staff for a family movie under the stars. Bring a low beach chair (or blanket) and a flashlight. Please call 408-354-2608 for movie titles and information.
Aug. 11: Los Gatos Dammit Run hosted by Los Gatos Athletic Association. 5.0 miles. Starts and finishes at Los Gatos High School. (Call 408-354-7365, 395-4311)
Aug. 11 & 12: Fiesta de Artes at Los Gatos Civic Center hosted by Kiwanis Club of Los Gatos (Terry Martin 408-395-8016) http://www.los-gatos.ca.us/los_gatos/assoc_clubs/kiwanis/fiesta.html 10 am to 6 pm. Great art, wine, music, and food! http://www.lgfiesta.org/ This is a don't miss fun event!
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Live in Los Gatos:
A blog about Los Gatos real estate, homes, houses, condos, townhomes, housing market, neightborhoods, history, events, businesses, parks, schools, photos, issues, and lifestyle.
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