Meeting_Body
REGULAR BOARD MEETING
DECEMBER 5, 2019
Subject
SUBJECT: ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT
Action
ACTION: APPROVE RECOMMENDATION
Heading
RECOMMENDATION
Title
CONSIDER:
A. HOLDING a public hearing on the proposed Resolutions of Necessity; and
B. ADOPTING the Resolutions of Necessity authorizing the commencement of an eminent domain action to acquire a Utility Overhang and Temporary Construction Easement from the properties identified as Parcels RM-03 (APN: 8059-029-009) and RM-06 (APN: 8059-029-029) and to acquire a Roadway Easement and Temporary Construction Easement from the property identified as Parcel RM-33 (APN: 8069-006-018). The properties listed above are herein referred to as "Properties."
(REQUIRES 2/3 VOTE OF THE BOARD)
Background
BACKGROUND
The acquisition of the Properties is required for the construction and operation of the Rosecrans/Marquardt Grade Separation Project ("Project"). The Project will improve the safety and traffic flow of the Rosecrans Avenue and Marquardt Avenue intersection.
Written offers to purchase the Properties were delivered to the Owners of Record ("Owners") of the Properties, as required by California Government Code Section 7267.2. 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 negotiated settlement as of this date. Since the Properties are necessary for construction of the Project, staff recommends the acquisition of the Properties 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...
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