File #: 2023-0305   
Type: Policy Status: Agenda Ready
File created: 4/27/2023 In control: Board of Directors - Regular Board Meeting
On agenda: 7/27/2023 Final action: 7/27/2023
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 a 33-month Temporary Construction Easement ("TCE") from the property identified as Parcel W-2309, APN: 4334-022-063 ("Property"). The above listed requirement is herein referred to as the "Property Interest" in (Attachment A). (REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)
Sponsors: Program Management (Department), Maria Luk
Indexes: Budgeting, California Environmental Quality Act, Construction, Easements, Eminent domain, Measure R, Metro Rail D Line, Policy, Private property, Project, Project management, Property acquisition, Resolution, Temporary Construction Easement, Westside Subway Ext (Project), Westside Subway Extension/Purple Line Extension Phase 1, Westside Subway Extension/Purple Line Extension Phase 2
Attachments: 1. Attachment A - Staff Report, 2. Attachment B - Resolution of Necessity, 3. Presentation
Related files: 2023-0608
Meeting_Body
REGULAR BOARD MEETING
JULY 27, 2023

Subject
SUBJECT: WESTSIDE PURPLE LINE EXTENSION SECTION 1 PROJECT

Action
ACTION: APPROVE RECOMMENDATIONS

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 a 33-month Temporary Construction Easement ("TCE") from the property identified as Parcel W-2309, APN: 4334-022-063 ("Property"). The above listed requirement is herein referred to as the "Property Interest" in (Attachment A).

(REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)

Issue
ISSUE

Acquisition of the Property Interest is required for the construction of the Westside Purple Line Section 1 ("Project"). After testimony and evidence has been received from all interested parties at the hearings, Los Angeles County Metropolitan Transportation Authority ("LACMTA"), by a vote of two-thirds of its Board of Directors ("Board"), must make a determination as to whether to adopt the proposed Resolution of Necessity (Attachment B) to acquire the Property Interest by eminent domain. Attached is evidence submitted by staff that supports the adoption of the resolution and which sets forth the required findings (Attachment A).

Background
BACKGROUND

Acquisition of the Property Interest is required for the construction of the Project. The Property contains 6,508 square feet and is located on the west side of North Gale Drive, two lots north of Wilshire Boulevard in the City of Beverly Hills. The Property is currently vacant and is being used as a construction laydown area for the Project. LACMTA previously acquired an eight-year TCE (W-2309) that encumbered the Property for construction staging. LACMTA is seeking to acquire a new 33-month TCE that would extend the use of the construction laydown area through January 1, 2026.

A written offer of Just Compensation to purchase the Property Int...

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