File #: 2019-0157   
Type: Policy Status: Agenda Ready
File created: 3/8/2019 In control: Board of Directors - Regular Board Meeting
On agenda: 3/28/2019 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 Project Parcel RM-27 located at 13840-13848 Rosecrans Avenue, Santa Fe Springs, CA, (APN: 8069-005-001) consisting of the fee simple interest and the Improvements Pertaining to the Realty in the property identified (hereinafter the "Property" as identified in Attachment A). (REQUIRES 2/3 VOTE OF THE BOARD)
Sponsors: Finance, Budget and Audit Committee
Indexes: Budgeting, California Environmental Quality Act, Construction, Eminent domain, Grade separations, Long Range Transportation Plan, Policy, Private property, Project, Property acquisition, Resolution, Rosecrans & Marquardt Grade Seperation (Project), Safety, Santa Fe Springs, Strategic planning
Attachments: 1. Attachment A- Staff Report, 2. Attachment B- Resolution of Necessity
Related files: 2019-0200
Date Action ByActionResultAction DetailsMeeting DetailsAudio
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Meeting_Body
REGULAR BOARD MEETING
MARCH 28, 2019

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 Project Parcel RM-27 located at 13840-13848 Rosecrans Avenue, Santa Fe Springs, CA, (APN: 8069-005-001) consisting of the fee simple interest and the Improvements Pertaining to the Realty in the property identified (hereinafter the "Property" as identified in Attachment A).

(REQUIRES 2/3 VOTE OF THE BOARD)

Background
BACKGROUND

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.

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, 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, 130220.5 and 132610 of the California Public Utilities Code (which authorize the public acquisition of private property by eminent domain), LACMTA has timely prepared and mailed notice of this hearing to the Owners informing them of their right to appear at this hearing and be heard...

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