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File #: 2017-0039   
Type: Policy Status: Agenda Ready
File created: 1/18/2017 In control: Board of Directors - Regular Board Meeting
On agenda: 2/23/2017 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity. B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a portion of APN: 6009-029-059 in fee simple, an area of 211 sq. ft. on private property located at 1725 E. Florence Avenue, Los Angeles, CA. (REQUIRES TWO-THIRDS VOTE)
Sponsors: Finance, Budget and Audit Committee
Indexes: California Environmental Quality Act, Construction, Eminent domain, Mbl Pedestrian Safety Enhancements At Grade Crossings, Metro Blue Line, Pedestrians, Policy, Private property, Property acquisition
Attachments: 1. Attachment A- Property Information, 2. Attachment B- Staff Report, 3. Attachment C- Resolution of Necessity
Meeting_Body
REVISED
REGULAR BOARD MEETING
FEBRUARY 23, 2017

Subject/Action
SUBJECT: METRO BLUE LINE PEDESTRIAN SWING GATE PROJECT

ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRE A PORTION OF THE PROPERTY LOCATED AT 1725 E. FLORENCE AVENUE, LOS ANGELES, CA, APN: 6009-029-059

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a portion of APN: 6009-029-059 in fee simple, an area of 211 sq. ft. on private property located at 1725 E. Florence Avenue, Los Angeles, CA.

(REQUIRES TWO-THIRDS VOTE)

Discussion
BACKGROUND

Acquisition of a portion of Parcel No. 6009-029-059 ("Property" - See Attachment "A") is required for the construction of the Metro Blue Line Pedestrian Swing Gate Project ("Project"). A written offer was presented to the owner of record, El Dorado Capital, Inc. ("Owner") as was required by California Government Code Section 7267.2. To date, staff has been unable to reach an agreement with the property owner due to Owner's nonresponsiveness. This portion is necessary for construction of the Project; therefore, staff recommends the acquisition of this portion through eminent domain to maintain the Project schedule.

In accordance with the provisions of the California Eminent Domain law and sections 30503, 130220.5., and 132610 of the Public Utilities Code (which authorize the public acquisition of private property by eminent domain) the Metropolitan Transportation Authority ("Metro") has prepared and mailed a notice of this hearing to the property owner of record informing him of his right to appear at this hearing and be heard on the following issues: (1) whether the public interest and necessity require the Project. (2) whether the Project is planned or located in the manner that will be most compatible with the greatest good and the least private injury: (3) whether the prop...

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