File #: 2016-0908   
Type: Policy Status: Agenda Ready
File created: 11/10/2016 In control: Board of Directors - Regular Board Meeting
On agenda: 12/1/2016 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity; and B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a Fee Interest to 91 square feet of the private property located at 1657 Nadeau Street, Los Angeles (APN 6021-018-020). This acquisition is for the Metro Blue Line Pedestrian Swing Gates Project. (REQUIRES TWO-THIRDS VOTE)
Sponsors: Finance, Budget and Audit Committee
Indexes: Budgeting, California Environmental Quality Act, Construction, Eminent domain, Mbl Signal System Rehabiliation (Project), Metro Blue Line, Pedestrians, Policy, Private property, Project, Property acquisition, Proposition C, Resolution
Attachments: 1. Attachment A- Property Information, 2. Attachment B - Staff Report, 3. Attachment C - Resolution of Necessity
Meeting_Body
REGULAR BOARD MEETING
DECEMBER 1, 2016

Subject/Action
SUBJECT: METRO BLUE LINE PEDESTRIAN SWING GATES PROJECT

ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRE A FEE INTEREST IN A PORTION OF THE PROPERTY LOCATED AT 1657 NADEAU STREET (APN 6021-018-020)

Heading
RECOMMENDATION
Title
CONSIDER:

A. HOLDING a public hearing on the proposed Resolution of Necessity; and

B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a Fee Interest to 91 square feet of the private property located at 1657 Nadeau Street, Los Angeles (APN 6021-018-020). This acquisition is for the Metro Blue Line Pedestrian Swing Gates Project.

(REQUIRES TWO-THIRDS VOTE)
Issue
BACKGROUND
Acquisition of a portion of Parcel No. 6021-018-020 (Property - See Attachment A) is required for the construction of the Metro Blue Line Pedestrian Swing Gate Project (Project). A written offer was presented to the owner of record, Fox Holdings, LLC (Owner) as is required by California Government Code Section 7267.2. To date, staff has been unable to reach an agreement with the Owner due to an unrelated legal case pending against the Owner. The property interest is necessary for construction of the Project; therefore, staff recommends the acquisition through eminent domain to maintain the Project schedule.

In accordance with the provisions of the California Eminent Domain Law and Sections 30503, 13022.5, and 132610 of the Public Utilities Code (which authorize the public acquisition of private property by eminent domain) the Los Angeles Metropolitan Transportation Authority (Metro) has prepared and mailed a notice of this hearing to the Owner informing him of his right to appear at this hearing and be heard on the following issues: (1) whether the public interest and necessity require the Project; (2) whether the Project is planned or located in the manner that will be most compatible with the greatest good and the lease private injury...

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