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File #: 2017-0085   
Type: Policy Status: Agenda Ready
File created: 2/10/2017 In control: Board of Directors - Regular Board Meeting
On agenda: 5/25/2017 Final action:
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 Project Parcel W-3002 (APN: 4343-005-004), for Purple Line Westside Subway Extension Transit Project Section 2, consisting of the real property and the improvements pertaining to the realty (hereinafter the "Property" as identified in Attachment A). (REQUIRES 2/3 VOTE OF THE BOARD)
Sponsors: Finance, Budget and Audit Committee
Indexes: California Environmental Quality Act, Construction, Eminent domain, Measure R, Metro Purple Line, Metro Rail D Line, Policy, Private property, Project, Property acquisition, Property values, Resolution, Westside Subway Extension Section 2 (Project), Westside Subway Extension/Purple Line Extension Phase 1, Westside Subway Extension/Purple Line Extension Phase 2
Attachments: 1. Attachment A- Site Plan, 2. Attachment B- Staff Report, 3. Attachment C- Resolution of Necessity
Meeting_Body
REGULAR BOARD MEETING
MAY 25, 2017

Subject/Action
SUBJECT: PURPLE LINE WESTSIDE SUBWAY EXTENSION TRANSIT PROJECT SECTION 2

ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRE PARCEL W-3002

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 Project Parcel W-3002 (APN: 4343-005-004), for Purple Line Westside Subway Extension Transit Project Section 2, consisting of the real property and the improvements pertaining to the realty (hereinafter the "Property" as identified in Attachment A).

(REQUIRES 2/3 VOTE OF THE BOARD)

Issue
BACKGROUND

Acquisition of the Property is required for the construction of and operation of the Purple Line Westside Subway Extension Project, Section 2 (Project). A written offer was presented to the Owner of Record, New Pacific Canon, LLC (Owner), as required by California Government Code Section 7267.2. The Owner has rejected the offer made by the Los Angeles County Metropolitan Transportation Authority (LACMTA), and requested that we initiate the eminent domain process to determine the value of the property. The Property is necessary for construction of the Project; therefore, staff recommends the acquisition of the Property through eminent domain to determine the value of the Property and 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), LACMTA has prepared and mailed notice of this hearing to the Owner informing them of their 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 m...

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