RESOLUTION NO. 24-02
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Release Emeryville Center Of Innovation Holdco GP LLC, BRE-BMR 4563 Horton LP, BRE-BMR Hollis Green Park LP And Grifols Diagnostic Solutions From Existing Storm Drain And Sanitary Sewer Easements And Dispose Of Such Easements
WHEREAS, on August 15, 1995, the City Council approved Ordinance No. 95-006 adopting the Chiron Planned Unit Development/Preliminary Development Plan Planned Unit Development" or "PUD") for Chiron' s life sciences campus; and WHEREAS, the PUD encompasses most of the area bounded by Hollis Street, 45th Street, Stanford Avenue and the railroad and called for construction of 14 new buildings, including 7 laboratory buildings, 3 office towers, structured parking, and support facilities over a 30-year period; and
WHEREAS, a Development Agreement by and between the City of Emeryville and Chiron Corporation was approved by the City Council on September 14, 1995 (Ordinance No. 95-007 -"Development Agreement" or "DA"); and
WHEREAS, the DA was entered into to, among other things, foster orderly growth and quality development in the project area, provide public services, improve public safety in the area, and address public infrastructure needs; and
WHEREAS, on February 25, 2021, the Planning Commission for the City adopted Resolution No. FDP 19-002, BMR Emeryville Center for Innovation Final Development Permit subject to certain Conditions of Approval (“FDP”); and WHEREAS, the FDP approved the demolition of two existing buildings and surface parking and construction of four new multi-tenant research and development buildings and supporting parking garage as part of implementation of the PUD; and WHEREAS, the project approvals, including the Conditions of Approval, require the realignment of City sewer and storm drain utilities; reconstruction and realignment of City sidewalks; and providing for emergency vehicle access to the garage building; and WHEREAS, in order to fulfill the Conditions of Approval and facilitate completion of the project, the City must dispose of certain existing easements as shown on Exhibit A; and WHEREAS, prior to disposing of or acquiring any interest in real property, Government Code section 65402 requires the Planning Commission to find that such action is consistent with the City’s General Plan; and
WHEREAS, Streets & Highway Code section 8333 allows the City Council to dispose of easements; and
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 Resolution No. 24-02
BMR-Grifols Easement Release
City Council Meeting | January 16, 2024
WHEREAS, on December 14, 2023 the City of Emeryville Planning Commission found the proposed sanitary sewer and storm drain easement disposals to conform to the General Plan and recommended that City Council dispose of the easements proposed for disposal; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville authorizing the City Manager to release Emeryville Center of Innovation Holdco GP LLC, BRE-BMR 4563 Horton LP, BRE-BMR Hollis Green Park LP, and Grifols Diagnostic Solutions from existing storm drain and sanitary sewer easements and dispose of such easements.
ADOPTED, by the City Council of the City of Emeryville at a special meeting held Tuesday, January 16, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 EXHIBIT A - EASEMENT RELEASE LOCATIONS Hollis Green Park Storm Drain Culvert and Easement
Parking Structure Site Storm Drain Culvert
and Sanitary Sewer Easements
Grifols Diagnostics Storm Drain Culvert and Easement
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957
DISPOSITION/ACTION
TO BE QUITCLAIMED
KEYNOTE
1 EASEMENT
6' SANITARY SEWER EASEMENT (SSE)
7 20' STORM DRAIN EASEMENT (SDE) TO BE QUITCLAIMED 11 10' SANITARY SEWER EASEMENT (SSE) TO BE CREATED 13 EMERGENCY VEHICLE ACCESS EASEMENT (EVAE) TO BE CREATED Emery Yards Easement Exhibit For Reference Only. 12/14/2023 DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 Note: Not shown are city requested Terminations of Unrecorded Easements for a storm drain culvert through Grifols's property (APN 49-1041-50-01 & 049-1041-61) and Hollis Green Park (APN 049-1041-029-01) (BioMed's property).
Grifols Diagnostic
Solutions Inc.
APN: 49-1041-050-001 APN: 049-1041-61 Emery Yards Easement Exhibit For Reference Only. 12/14/2023
Approximate location of storm
drain culvert. Approximate location of storm
drain culvert.
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957