File #: 2019-0226   
Type: Policy Status: Agenda Ready
File created: 4/5/2019 In control: Board of Directors - Regular Board Meeting
On agenda: 4/25/2019 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity; and B. ADOPTING Resolution of Necessity (Attachment B) authorizing the commencement of an eminent domain action to acquire a Temporary Construction Easement (TCE) and site improvements within the TCE area from the properties identified as Parcels: CPN-80901 (APN: 7401-023-009); CPN-80914 (APN: 7401-008-010); CPN-80945 (APN: 7312-022-004); CPN-80983 (APN: 7312-008-018); CPN-80982 (APN: 7312-008-017); CPN-81000 (APN: 7311-009-014); CPN-80899 (APN: 7401-023-007). (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 3 (Project), Policy, Private property, Project, Property acquisition, Resolution, Soundwall, Strategic planning, Temporary Construction Easement
Attachments: 1. Attachment A-Staff Report, 2. Attachment A-1- Summary of Property Owners and Property Requirements, 3. Attachment B1 – B7 – Resolutions of Necessity for each Parcel
Related files: 2019-0281
Date Action ByActionResultAction DetailsMeeting DetailsAudio
No records to display.
Meeting_Body
REGULAR BOARD MEETING
APRIL 25, 2019

Subject
SUBJECT: I-710 SOUNDWALL PACKAGE 3 PROJECT

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING Resolution of Necessity (Attachment B) authorizing the commencement of an eminent domain action to acquire a Temporary Construction Easement (TCE) and site improvements within the TCE area from the properties identified as Parcels: CPN-80901 (APN: 7401-023-009); CPN-80914 (APN: 7401-008-010); CPN-80945 (APN: 7312-022-004); CPN-80983 (APN: 7312-008-018); CPN-80982 (APN: 7312-008-017); CPN-81000 (APN: 7311-009-014); CPN-80899 (APN: 7401-023-007).

(REQUIRES 2/3 VOTE OF THE BOARD)

Background
BACKGROUND

Acquisition of the TCE and site improvements within the TCE area, referred to herein as Property, is required for the construction and operation of the I-710 Soundwall Package 3 Project (Project). The TCEs 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 Project.

A written offer to purchase was delivered to the Owners of Record (Owners) 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 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...

Click here for full text