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File #: 2021-0240   
Type: Policy Status: Passed
File created: 4/15/2021 In control: Board of Directors - Regular Board Meeting
On agenda: 5/27/2021 Final action: 5/27/2021
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity. B. ADOPTING the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a portion of the leasehold interests, related leasehold improvements, and related improvements pertaining to APN: 4363-023-032 (hereinafter called the "Property Interests") as shown in Attachment C. REQUIRES 2/3 VOTE
Sponsors: Board of Directors - Regular Board Meeting
Indexes: Construction, Eminent domain, Metro Purple Line, Metro Rail D Line, Metro Vision 2028 Plan, Policy, Project, Project management, Property acquisition, Property Agreement, Resolution, Tenants, Twenty-eight by '28 Initiative, Westside Subway Extension/Purple Line Extension Phase 1, Westside Subway Extension/Purple Line Extension Phase 2, Westside Subway Extension/Purple Line Extension Phase 3, Westside Subwy Ext. Section 3 (Project)
Attachments: 1. Attachment A- Site Plan, 2. Attachment B- Staff Report, 3. Attachment C - Resolution of Necessity
Related files: 2021-0440
Meeting_Body
REGULAR BOARD MEETING
MAY 27, 2021

Subject
SUBJECT: WESTSIDE PURPLE LINE EXTENSION SECTION 3 PROJECT

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION
Title

CONSIDER:

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

B. ADOPTING the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a portion of the leasehold interests, related leasehold improvements, and related improvements pertaining to APN: 4363-023-032 (hereinafter called the "Property Interests") as shown in Attachment C.

REQUIRES 2/3 VOTE

Issue
ISSUE

Acquisition of the Property Interests is required for the construction and operation of the Westside Purple Line Extension Section 3 Project ("Project"). To date, staff has been unable to reach an agreement with the owner or tenants for the Property Interests.

Background
BACKGROUND

The Westside Purple Line Extension Section 3 Project ("Project") requires acquisition of a portion of the property identified as APN 4363-023-032 (Attachment A) for the construction of the project. The acquisition will result in the displacement of tenants from portions of the property. As a result of the acquisition and displacement, the Los Angeles County Metropolitan Transportation Authority (LACMTA) was required to appraise and make an offer to acquire the Property Interests. A written offer for the non-movable assets including Improvements Pertaining to the Realty and the Leasehold Improvements ("Improvements Pertaining to Realty") was presented to the owners of the leasehold interests ("Tenants") and the underlying real property owner ("Property Owner"), as required by California Government Code Section 7267.2. To date, staff has been unable to reach an agreement with the Property Owner or Tenants for the Property Interests.

Discussion
DISCUSSION

Findings
In light of the lack of agreement with the Tenants, the Property Owner asserts its right to receive compensat...

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