Metro - File #: 2019-0734

• File #: 2019-0734
• Type: Policy
• Status: Agenda Ready
• File created: 9/19/2019
• In control: Board of Directors - Regular Board Meeting
• On agenda: 10/24/2019
• Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolutions of Necessities; and B. ADOPTING the Resolutions of Necessities authorizing the commencement of an eminent domain action to acquire a Roadway Easement, Overhang Easement and Temporary Construction Easements from the properties identified as Parcels RM-04 (APN: 8059-029-030) and RM-05 (APN: 8059-029-031) and to acquire Permanent Footing, Roadway and Temporary Construction Easements and Improvements Pertaining to Realty from the properties identified as Parcels RM-31 (APN: 8069-005-010) and RM-32 (APN: 8069-005-011). The properties listed above are herein referred to as "Properties". (REQUIRES 2/3 VOTE OF THE BOARD)
• Sponsors: Finance, Budget and Audit Committee
• Indexes: Budget, Budgeting, California Environmental Quality Act, Construction, Easements, Eminent domain, Grade separations, Policy, Private property, Project, Property acquisition, Rosecrans & Marquardt Grade Seperation (Project), Safety, Strategic planning, Temporary Construction Easement
• Related files: 2019-0800

Date	Action By	Action	Result
10/24/2019	Board of Directors - Regular Board Meeting

Meeting_Body
REGULAR BOARD MEETING
OCTOBER 24, 2019

Subject
SUBJECT: ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION

Title
CONSIDER:

A. HOLDING a public hearing on the proposed Resolutions of Necessities; and

B. ADOPTING the Resolutions of Necessities authorizing the commencement of an eminent domain action to acquire a Roadway Easement, Overhang Easement and Temporary Construction Easements from the properties identified as Parcels RM-04 (APN: 8059-029-030) and RM-05 (APN: 8059-029-031) and to acquire Permanent Footing, Roadway and Temporary Construction Easements and Improvements Pertaining to Realty from the properties identified as Parcels RM-31 (APN: 8069-005-010) and RM-32 (APN: 8069-005-011). The properties listed above are herein referred to as "Properties".
(REQUIRES 2/3 VOTE OF THE BOARD)

Background
BACKGROUND

The acquisition of the Properties are 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.

Written offers to purchase the Properties were delivered to the Owners of Record ("Owners") of the Property, as required by California Government Code Section 7267.2. The Owners have 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 Properties are necessary for construction of the Project, staff recommends the acquisition of the Properties 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 pr...