Metro - File #: 2019-0204

• File #: 2019-0204
• Type: Policy
• Status: Agenda Ready
• File created: 3/29/2019
• In control: Board of Directors - Regular Board Meeting
• On agenda: 5/23/2019
• 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 a permanent subsurface tunnel easement in the property identified as Parcel: W-3507 (APN: 4319-005-900) (APN: 4328-005-900) (hereinafter the "Property"). (REQUIRES TWO-THIRDS VOTE OF THE BOARD)
• Sponsors: Finance, Budget and Audit Committee
• Indexes: Budgeting, California Environmental Quality Act, Construction, Easements, Eminent domain, Metro Purple Line, Metro Rail D Line, Metro Vision 2028 Plan, Policy, Project, Property acquisition, Resolution, 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
• Related files: 2019-0454

Meeting_Body
REVISED
REGULAR BOARD MEETING
MAY 23, 2019

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

Action
ACTION: APPROVE RECOMMENDATIONS

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 a permanent subsurface tunnel easement in the property identified as Parcel: W-3507 (APN: 4319-005-900) (APN: 4328-005-900) (hereinafter the "Property").

(REQUIRES TWO-THIRDS VOTE OF THE BOARD)

Background
BACKGROUND

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

A written offer was delivered to the Owners of Record ("Owners"), as required by California Government Code Section 7267.2. The Owners have not accepted the offer of Just Compensation made by the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), and the parties have not at this time reached a negotiated settlement. Because the Property is necessary for construction of the Project, 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, Sections 30503, 30600, 130051.13, 130220.5 and 132610 of the California Public Utilities Code (which authorize the public acquisition of property by eminent domain), California Code of Civil Procedure Sections 1240.510-530 (which authorize the acquisition of property appropriated to public use for a compatible public use), and Califo...