Metro - File #: 2016-0904

• File #: 2016-0904
• Type: Policy
• Status: Agenda Ready
• File created: 11/9/2016
• In control: Board of Directors - Regular Board Meeting
• On agenda: 12/1/2016
• Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity; and B. ADOPTING the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire portions of APNs 6150-008-046, 6150-008-047 and 6150-008-048, consisting of the fee and leasehold interests in real property, together with a permanent easement, temporary construction easements, and Improvements Pertaining to the Realty (hereinafter the "Property" as identified in Attachment A). This acquisition is for the Willowbrook/Rosa Parks Station Improvement project. (REQUIRES TWO-THIRDS VOTE)
• Sponsors: Finance, Budget and Audit Committee
• Indexes: Budget, Budgeting, California Environmental Quality Act, Construction, Easements, Eminent domain, Metro Blue Line, Metro Green Line, Metro Rail A Line, Metro Rail C Line, Policy, Private property, Project, Property acquisition, Resolution, Temporary Construction Easement, Tenants, Willowbrook/Rosa Parks Station, Willowbrook/Rosa Parks Station Improvement (Project)

Date	Action By	Action	Result
12/1/2016	Board of Directors - Regular Board Meeting

Meeting_Body
REGULAR BOARD MEETING
DECEMBER 1, 2016
Subject/Action
SUBJECT: WILLOWBROOK/ROSA PARKS STATION IMPROVEMENT PROJECT

ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRE PORTIONS OF ASSESSOR'S PARCEL NUMBERS (APNs) 6150-008-046, 6150-008-047 AND 6150-008-048
Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire portions of APNs 6150-008-046, 6150-008-047 and 6150-008-048, consisting of the fee and leasehold interests in real property, together with a permanent easement, temporary construction easements, and Improvements Pertaining to the Realty (hereinafter the "Property" as identified in Attachment A). This acquisition is for the Willowbrook/Rosa Parks Station Improvement project.

(REQUIRES TWO-THIRDS VOTE)
Issue
BACKGROUND

Acquisition of the Property is required for the construction of and operation of the Willowbrook/Rosa Parks Station Improvements ("Project"). A written offer was presented to the Owner of Record ("Owner") and the owner of the Leasehold Interest ("Master Tenant"), as required by California Government Code Section 7267.2. To date, staff has been unable to reach an agreement with the Master Tenant. The Owner has waived its right to receive compensation for its ownership of the fee interest, and the permanent and temporary easements as confirmed by prior Resolution adopted by the Board of Supervisors. The Property is necessary for construction of the Project; therefore, 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), Metro has prepared and mailed notice of this...