File #: 2019-0796   
Type: Policy Status: Agenda Ready
File created: 10/25/2019 In control: Board of Directors - Regular Board Meeting
On agenda: 12/5/2019 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity; and B. ADOPTING a Resolution of Necessity (Attachment B) authorizing the commencement of an eminent domain action to acquire a Permanent Footing Easement, Temporary Construction Easement (TCE) and site improvements from the property identified as Parcel E-08 (APN: 6227-027-040). (REQUIRES 2/3 VOTE OF THE BOARD)
Sponsors: Finance, Budget and Audit Committee
Indexes: Budgeting, California Environmental Quality Act, Construction, Easements, Eminent domain, I-710, I-710 Early Action Projects- Soundwall Package 2 (Project), Policy, Private property, Project, Property acquisition, Resolution, Soundwall, Strategic planning, Temporary Construction Easement
Attachments: 1. Attachment A- Staff Report, 2. Attachment B – Resolution of Necessity, 3. Presentation
Date Action ByActionResultAction DetailsMeeting DetailsAudio
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Meeting_Body
REGULAR BOARD MEETING
DECEMBER 5, 2019

Subject
SUBJECT: I-710 SOUNDWALL PACKAGE 2 PROJECT

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING a Resolution of Necessity (Attachment B) authorizing the commencement of an eminent domain action to acquire a Permanent Footing Easement, Temporary Construction Easement (TCE) and site improvements from the property identified as Parcel E-08 (APN: 6227-027-040).

(REQUIRES 2/3 VOTE OF THE BOARD)

Background
BACKGROUND

Acquisition of the Permanent Footing Easement and TCE, referred to herein as Property, is required for the construction and operation of the I-710 Soundwall Package 2 Project (Project). The Permanent Footing Easement, TCE and site improvements are required to construct new soundwalls that will improve the noise levels of the residents living next to the I-710 freeway and will be built in the ultimate location of the I-710 South Project.

A written offer to purchase was delivered to the Owner of Record (Owner) 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 a negotiated settlement as of this date. Because 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 Owners informing them of their right to appear at this hearing and be heard on the following issues: (1) whether ...

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