3. Description of the Property Proposed to be Condemned

Summit Road crosses the hills east of Gilroy, eventually ending in Los Gatos along the borders of Santa Clara and Santa Cruz counties. About 21 miles of the road is under some type of municipal control, and Verizon has obtained permits for and completed the portions of its Inter Office Fiber project (the IOF project) that exist in these areas. Verizon has extended the cable approximately nine miles northwest from Gilroy, and 12 miles southeast from Los Gatos. Obtaining the right to extend the cable under the remaining and intervening five-mile portion of Summit Road is the issue in this proceeding.

Unlike the other 21 miles of Summit Road, the five-mile section at issue here is not under municipal control. This portion of the road is privately owned as reciprocal negative easements by the owners of the property through which the road passes. This section of the road is maintained by individual owners and the Summit Road Association (SRA), a voluntary group of owners. Each record owner of a portion of the roadway is a named defendant in this proceeding.

Verizon seeks to condemn a nonexclusive underground utility easement in a 10-foot wide section of the road, as well as a temporary construction easement to complete the installation work. Verizon estimates that its permanent facilities in the easement area will consist of a four-inch conduit, located between four and six feet under the roadway. Buried vaults with equipment connected to the cable will also be located alongside the roadway.