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-29 located at 13914 Rosecrans Avenue, Santa Fe Spring, CA, (APN 8069-005-008), consisting of the fee simple interest and the Improvements Pertaining to the Realty in the property 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 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, 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 on the following issues: (1) whether the public i...
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