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File #: 2018-0559   
Type: Policy Status: Failed
File created: 8/22/2018 In control: Board of Directors - Regular Board Meeting
On agenda: 9/27/2018 Final action:
Title: CONSIDER: A. HOLDING a public hearing on proposed Resolutions of Necessity (Attachment B); and B. ADOPTING Resolutions of Necessity authorizing the commencement of eminent domain actions to acquire subsurface easements in the properties identified as Parcels W-3404 (APN 4328-008-050 through 4328-008-053); W-3501 (APN 4328-007-020); W-3503 (APN: 4328-007-107, 4328-007-108, 4328-007-109, and 4328-007-110); W-3504 (APN 4328-007-017); and W-3505 (APN 4328-005-001) (hereinafter the "Property"). (REQUIRES 2/3 VOTE OF THE BOARD)
Sponsors: Board of Directors - Regular Board Meeting
Indexes: Beverly Hills, California Environmental Quality Act, Construction, Easements, Eminent domain, Metro Purple Line, Metro Rail D Line, Metro Vision 2028 Plan, Policy, Private property, Project, Property acquisition, Strategic planning, Subsurface easement, 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- Staff Report, 2. Attachment A1 – Summary of Property Owners and Property Requirements, 3. Attachment B1 - B5 RON for each Acquisition
Related files: 2018-0689, 2018-0673
Date Action ByActionResultAction DetailsMeeting DetailsAudio
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Meeting_Body
REGULAR BOARD MEETING
SEPTEMBER 27, 2018

Subject
SUBJECT: WESTSIDE PURPLE LINE EXTENSION SECTION 2

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION

Title
CONSIDER:

A. HOLDING a public hearing on proposed Resolutions of Necessity (Attachment B); and

B. ADOPTING Resolutions of Necessity authorizing the commencement of eminent domain actions to acquire subsurface easements in the properties identified as Parcels W-3404 (APN 4328-008-050 through 4328-008-053); W-3501 (APN 4328-007-020); W-3503 (APN: 4328-007-107, 4328-007-108, 4328-007-109, and 4328-007-110); W-3504 (APN 4328-007-017); and W-3505 (APN 4328-005-001) (hereinafter the "Property").

(REQUIRES 2/3 VOTE OF THE BOARD)

Issue
BACKGROUND

Acquisition of the above-referenced subsurface easements referred to herein as the "Property" is required for the construction and operation of the Westside Purple Line Extension Section 2 ("Project"). The subsurface easements are required for the tunnel alignment that will connect the Century City Constellation Station with the Beverly Hills Wilshire Rodeo Station.

Written offers to purchase were delivered to the Owners of Record ("Owners") of the Property as required by California Government Code Section 7267.2. The address, record owners (as indicated by a title report) ("Owners") physical description, and nature of the property interest sought to be acquired for the Project are summarized on Attachment A1 to the attached Staff Report. The Owners have not accepted the Offers of Just Compensation made by the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), and the parties have not reached a negotiated settlement as of this date because the Property is necessary for construction of the Project. Staff recommends the acquisition of the Property through eminent domain to maintain the Project schedule.

In accordance with the provisions of the California Eminent Domain law and Sections 30503, 30600, 130051.13, ...

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