File #: 2016-0280   
Type: Policy Status: Agenda Ready
File created: 3/28/2016 In control: Board of Directors - Regular Board Meeting
On agenda: 4/28/2016 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Amended Resolution of Necessity; B. ADOPTIING an amended Resolution of Necessity clarifying the nature of the property rights to be acquired in the pending eminent domain action against Japanese Village, LLC, et al (hereinafter "Owner"), in support of the Metro Regional Connector Transit Corridor Project, including a provision for the bifurcation of the existing subsurface tunnel easements, and for the outgrant to the Property Owner of the space between the bifurcated tunnel easements in the context of Metro's long-range plans affecting the Property. (REQUIRES TWO-THIRDS VOTE)
Sponsors: Finance, Budget and Audit Committee
Indexes: Construction, Construction Acquisitions, Easements, Eminent domain, Grant Aid, Measure R, Metro Blue Line, Metro Exposition Line, Metro Gold Line, Metro Rail A Line, Metro Rail E Line, Metro Rail L Line, Policy, Private property, Project, Regional Connector (Project), Regional Connector Transit Corridor Project, Resolution, Subsurface easement
Attachments: 1. Attachment A- Order for Prejudgement Possession, 2. Attachment A-1- Subsurface Easements- Portion to be Abandoned, 3. Attachment A-2- Subsurface Easements- Portion to be Retained, 4. Attachment B- Staff Report, 5. Attachment C-Resolution of Necessity
Meeting_Body
REGULAR BOARD MEETING
APRIL 28, 2016

Subject/Action
SUBJECT: REGIONAL CONNECTOR TRANSIT CORRIDOR PROJECT

ACTION: ADOPT AN AMENDED RESOLUTION OF NECESSITY TO PROVIDE FOR THE FUTURE BIFURCATION OF AN EXISTING SUBSURFACE TUNNEL EASEMENT, AND FOR THE OUTGRANT TO THE PROPERTY OWNER OF CERTAIN EASEMENT RIGHTS IN A PORTION OF ASSESSOR'S PARCEL NOS. 5161-017-021, 5161-017-022, 5161-017-023, & 5161-017-033 (HEREINAFTER THE "PROPERTY").

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTIING an amended Resolution of Necessity clarifying the nature of the property rights to be acquired in the pending eminent domain action against Japanese Village, LLC, et al (hereinafter "Owner"), in support of the Metro Regional Connector Transit Corridor Project, including a provision for the bifurcation of the existing subsurface tunnel easements, and for the outgrant to the Property Owner of the space between the bifurcated tunnel easements in the context of Metro's long-range plans affecting the Property.

(REQUIRES TWO-THIRDS VOTE)

Discussion
DISCUSSION

As part of the Regional Connector Transit Corridor Project ("Project"), the Los Angeles County Metropolitan Transportation Authority ("METRO") requires certain subsurface tunnel and grouting easements on the Property. A written offer was presented to the Owner, as required by California Government Code Section 7267.2. The parties were unable to reach a negotiated agreement, and the METRO Board previously approved a Resolution of Necessity on June 26, 2014, authorizing the commencement of eminent domain proceedings through the filing of a complaint in eminent domain ("Complaint"). METRO filed the Complaint on July 3, 2014, wherein METRO sought to acquire the following property interests from the Owner:
* Two permanent subsurface easements for tunnel alignment, designated as METRO Project Parcel Nos. RC-450 and RC-451; and
* Multiple ...

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