Metro - File #: 2020-0461

• File #: 2020-0461
• Type: Policy
• Status: Passed
• File created: 7/7/2020
• In control: Board of Directors - Regular Board Meeting
• On agenda: 8/27/2020
• Final action: 8/27/2020
• Title: CONSIDER: A. Holding a 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 Utility Overhang Easement and a 54-month Temporary Construction Easement from the property identified as Parcel RM-17 (APN: 8059-029-036; formerly 8059-029-006 and 8059-029-007). The property listed above is herein referred to as the "Property". REQUIRES 2/3 VOTE
• Sponsors: Board of Directors - Regular Board Meeting
• Indexes: Budget, Budgeting, California Environmental Quality Act, Construction, Easements, Eminent domain, Grade separations, Policy, Private property, Project, Property acquisition, Resolution, Rosecrans & Marquardt Grade Seperation (Project), Safety, Strategic planning, Temporary Construction Easement

Date	Action By	Action	Result
8/27/2020	Board of Directors - Regular Board Meeting

Meeting_Body
REGULAR BOARD MEETING
AUGUST 27, 2020

Subject
SUBJECT: ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT

Action
ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
PROPERTY RM-17

Heading
RECOMMENDATION

Title
CONSIDER:

A. Holding a 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 Utility Overhang Easement and a 54-month Temporary Construction Easement from the property identified as Parcel RM-17 (APN: 8059-029-036; formerly 8059-029-006 and 8059-029-007). The property listed above is herein referred to as the "Property".

REQUIRES 2/3 VOTE

Background
BACKGROUND

The acquisition of the Property is required for the construction and operation of the Rosecrans/Marquardt Grade Separation Project ("Project"). The Project will improve the safety and traffic flow of the Rosecrans Avenue and Marquardt Avenue intersection.

A written offer to purchase the Property was delivered to the Owners of Record ("Owner") of the Property, as required by California Government Code Section 7267.2. The Owner has not accepted the offer of Just Compensation made by the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), and the parties have not reached negotiated settlement as of this date. Since the Property is necessary for construction of the Project, staff recommends the acquisition of the Property through eminent domain to maintain the Project schedule.

In accordance with the provisions of the California Eminent Domain law and Sections 30503, 30600, 130051.13, 130220.5 and 132610 of the California Public Utilities Code (which authorize the public acquisition of private property by eminent domain), LACMTA has timely prepared and mailed notice of this hearing to the Owner informing them of their right to appear at this hearing and be heard on the following issues: (1) whether the public interest and necessity require the Project; (2) ...