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File #: 2018-0677   
Type: Policy Status: Agenda Ready
File created: 10/9/2018 In control: Board of Directors - Regular Board Meeting
On agenda: 10/25/2018 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity; and B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire fee simple interest in the property identified as Parcel RM-10 (APN 8069-003-008). (REQUIRES 2/3 VOTE OF THE BOARD)
Sponsors: Finance, Budget and Audit Committee
Indexes: California Environmental Quality Act, Construction, Eminent domain, Grade separations, Metro Vision 2028 Plan, Policy, Private property, Project, Property acquisition, Resolution, Rosecrans & Marquardt Grade Seperation (Project), Safety, Strategic planning
Attachments: 1. Attachment A- Staff Report, 2. Attachment B- Resolution of Necessity
Related files: 2018-0712
Date Action ByActionResultAction DetailsMeeting DetailsAudio
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Meeting_Body
REVISED
REGULAR BOARD MEETING
OCTOBER 25, 2018

Subject
SUBJECT: ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT

Action
ACTION: ADOPT RESOLUTION OF NECESSITY

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire fee simple interest in the property identified as Parcel RM-10 (APN 8069-003-008).

(REQUIRES 2/3 VOTE OF THE BOARD)

Issue
ISSUE

Fee simple acquisition of the above-referenced parcel, referred to herein as the "Property", is required for the construction and operation of the Rosecrans/Marquardt Grade Separation Project ("Project"). The acquisition is required in order to improve the safety and traffic flow of the Rosecrans Avenue and Marquardt Avenue intersection.

After all of the testimony and evidence has been received by LACMTA from all interested parties at the hearing, LACMTA must make a determination as to whether to adopt the proposed Resolution of Necessity (Attachment B) to acquire the Property by eminent domain. In order to adopt the resolution, LACMTA must, based on the evidence before it, and by a vote of two-thirds of all the members of its governing body, find and determine that the conditions stated in the items 1 - 6 above exist. Attached is evidence submitted by staff that supports adoption of the resolution that have been approved by counsel, and which sets forth the required findings (Attachment A).

Background
BACKGROUND

A written offer to purchase was delivered to the Owner of Record ("Owner") of the Property, as required by California Government Code Section 7267.2. The Owner has not accepted the Offer of Just Compensation made by the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), and the parties have not reached negotiated settlement as of this date. Because the Property is necessary for construction of the Project...

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