Meeting_Body
REVISED
REGULAR BOARD MEETING
JANUARY 28, 2016
Subject/Action
SUBJECT: REGIONAL CONNECTOR TRANSIT CORRIDOR PROJECT
ACTION: RESCIND RESOLUTION OF NECESSITY TO ACQUIRE A SUBSURFACE EASEMENT AND A GROUTING EASEMENT ON PROJECT PARCEL RC-449 AND RC-449-1
Heading
RECOMMENDATION
Title
CONSIDER:
A. HOLDING a public hearing on the proposed rescission of Resolution of Necessity;
B. RESCINDING Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a subsurface easement and a grouting easement in Project Parcels RC-449 and RC-449-1 (Assessor Parcel No. 5161-017-009); consisting of the real property (hereinafter the “Property”).
(REQUIRES TWO-THIRDS VOTE)
Issue
BACKGROUND
A Resolution of Necessity authorizing the commencement of an eminent domain action to acquire the Property in furtherance of the Regional Connector Transit Corridor Project (“Project”) was approved by the Board on February 26, 2015. Following approval of the Resolution of Necessity, and prior to the filing of an eminent domain action, on or about June 19, 2015, it was determined that the Project’s updated design and approach eliminated the need for permeation grouting and grouting easements at the Property. Further, it was determined that the Project will be able to construct the Project tunnel without the need to take a 51 square foot subsurface easement under the Property that was originally contemplated.
As acquisition of the Property is no longer required for the construction and operation of the Project, the Resolution of Necessity associated with the Property should be rescinded. Rescission of the Resolution of Necessity will allow the Los Angeles County Metropolitan Transportation Authority (“METRO”) to revoke all pending offers of compensation associated with the acquisition of the Property.
Project staff provided information supporting the rescission of the Resolution of Necessity (Attachment “B”). After all of the testimony and other evidence has been received from all interested parties, the Board may adopt the proposed Resolution to Rescind the Resolution of Necessity (Attachment “C”).
METRO has mailed notice of this hearing to the Owners informing them of their right to appear at this hearing and be heard.
DETERMINATION OF SAFETY IMPACT
This Board action will not have an impact on METRO’s safety standards.
Financial_Impact
FINANCIAL IMPACT
Funds allocated for acquisition of the Property will remain in the right of way budget for the Project.
Attachments
ATTACHMENTS
Attachment A - Site Plan
Attachment B - Staff Report
Attachment C - Resolution of Necessity
Prepared_by
Prepared by: Velma Marshall, Deputy Executive Officer- Real Estate, (213) 922-2415
Calvin E. Hollis, Managing Executive Officer, (213) 922-7319
