Metro - File #: 2019-0073

• File #: 2019-0073
• Type: Policy
• Status: Agenda Ready
• File created: 2/7/2019
• In control: Board of Directors - Regular Board Meeting
• On agenda: 2/28/2019
• Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolutions of Necessity; and B. ADOPTING Resolutions of Necessity authorizing the commencement of an eminent domain action to acquire a subsurface easement in the properties identified as parcels W-3301 (APN: 4328-014-005) and W-3303 (APN: 4328-009-023), hereinafter the "Property". (REQUIRES 2/3 VOTE OF THE BOARD)
• Sponsors: Finance, Budget and Audit Committee
• Indexes: Budgeting, California Environmental Quality Act, Construction, Construction Acquisitions, Easements, Eminent domain, Measure R, Metro Purple Line, Metro Rail D Line, Metro Vision 2028 Plan, Policy, Private property, Project, Property acquisition, Strategic planning, Subsurface easement, Westside Subway Extension Section 2 (Project), Westside Subway Extension/Purple Line Extension Phase 1, Westside Subway Extension/Purple Line Extension Phase 2
• Related files: 2019-0137

Meeting_Body
REGULAR BOARD MEETING
FEBRUARY 28, 2019

Subject
SUBJECT: PURPLE LINE WESTSIDE SUBWAY EXTENSION TRANSIT PROJECT SECTION 2

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING Resolutions of Necessity authorizing the commencement of an eminent domain action to acquire a subsurface easement in the properties identified as parcels W-3301 (APN: 4328-014-005) and W-3303 (APN: 4328-009-023), hereinafter the "Property".

(REQUIRES 2/3 VOTE OF THE BOARD)

Background
BACKGROUND

Acquisition of the above-referenced subsurface easements or Property is required for the construction and operation of the Purple Line Westside Subway Extension Transit Project Section 2 ("Project"). The Property is required for the tunnel alignment that will connect the Century City/Constellation Station with the Beverly Hills Wilshire/Rodeo Station.

A written offer was delivered to the Owners of Record ("Owners") of each affected 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 at this time reached a negotiated settlement on a contemplated acquisition. Because the Property is necessary for construction of the Project, staff recommends the acquisition of the Property through eminent domain, to determine the value of the Property, and to provide for obtaining possession thereof 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 prepared and mailed notice of this hearing to the Owners informing them of their right to appear at this he...