RESOLUTION NO. ____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The 1) Property Conveyance Agreement (Wareham To City) Station Property; 2) Property Conveyance Agreement (City To Amtrak) Station Property And Platform Parcels; 3) Agreement For Encroachment Easement; 4) Access Easement Agreement; And 5) Agreement For Utility Lines Easement; And To Execute All Other Documents Necessary For The Acquisition And Disposition Of Real Properties Associated With The Emeryville Amtrak Station Pursuant To The National Railroad Passenger Corporation And City Of Emeryville Passenger Station Lease/Purchase Agreement
WHEREAS, Emery Station West, LLC (“Wareham Development Corporation”) is the owner of that certain property designated as APN 049-1325-001-2 ("Station Parcel") which is the location of the Emeryville Amtrak Station; and WHEREAS, the City of Emeryville (“City”) holds title to two properties in fee: APNS 049- 1489-010-05 (portion) and 049-1489-016 (“Platform Parcel 1” and “Platform Parcel 2”, respectively) which are currently part of the platform serving National Railroad Passenger Corporation (“Amtrak”) passenger trains stopping at the Emeryville Amtrak Station; and WHEREAS, the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency (“Successor Agency”) holds title to three properties in fee: APNS 049-1325-002 and 1325-001-04 ("Platform Parcel 3" and “Platform Parcel 4”, respectively; and together with Platform Parcel 1 and Platform Parcel 2, the “Platform Parcels”) which are currently part of the platform serving the Emeryville Amtrak Station, and APN 049-1325-002 ("59th Street Extension") which is part of a public right of way serving as access to a public parking facilities for Amtrak passengers as well as bus bays that are used by Amtrak and are expected to be used by other regional transportation agencies; and
WHEREAS, in accordance with that certain Lease By and Between Wareham Development Corporation and Emeryville Redevelopment Agency dated March 2, 1993 (the “RDA-Wareham Lease”), the Successor Agency is entitled to acquire the Station Parcel but pursuant to California Health and Safety Code (“HSC”) Sections 34163(e) and 34173, the Successor Agency is not authorized to acquire real property; and WHEREAS, in accordance with that certain National Railroad Passenger Corporation and City of Emeryville Passenger Station Lease/Purchase agreement dated October 27, 1992 (the “Amtrak-City Lease Purchase Agreement”), the City of Emeryville is required to grant fee title to the Station Parcel and Platform Parcels to Amtrak at the expiration of the Amtrak-City Lease Purchase Agreement; and
WHEREAS, the Successor Agency, pursuant to the terms of that certain Participation Agreement between the Emeryville Redevelopment Agency and Wareham Development Corporation dated March 2, 1993 (the “Participation Agreement”), and the terms of the RDA-Wareham Lease, expected to convey the Platform Parcels and Station Parcel to Docusign Envelope ID: 08025F91-C163-47FE-8D25-9F30BCC63E2B Resolution No. 24-___
Amtrak Properties
City Council Meeting | September 17, 2024
Amtrak upon expiration of the Amtrak-City Lease Purchase Agreement, which lease has expired; and
WHEREAS, the Successor Agency intends to convey the 59th Street Extension to the City for its continued use as a public right of way providing public access to public parking and the bus bays; and
WHEREAS, on January 18, 2022, the Successor Agency Board and City Council adopted Resolution No. SA03-22 and Resolution No 22-01, respectively, authorizing the execution of the Property Conveyance and Assignment Agreement (Successor Agency to City) Platform Parcels and 59th Street (the “Successor Agency-City Conveyance Agreement”) that would dispose of the Platform Parcels and the 59th Street Extension to the City and assign to the City the Successor Agency's right to acquire the Station Parcel to the City and;
WHEREAS, the Oversight Board held a public meeting on January 19, 2022 and adopted Resolution No. OB-2022-05, which approved the Successor Agency-City Conveyance Agreement; and
WHEREAS, the California Department of Finance, in a letter dated May 2, 2022, approved the Oversight Board’s approval of Resolution No. OB-2022-05; and WHEREAS, the City, Amtrak and Wareham Development Corporation have negotiated the terms and conditions of agreements necessary for the acquisition and disposition of the Station Parcel, Platform Parcels, and related easement agreements necessary for the fulfillment of obligations pursuant to the Participation Agreement, RDA-Wareham Lease, and the Amtrak-City Lease Purchase Agreement, now, therefore be it RESOLVED, that the City Council of the City of Emeryville hereby approves and authorizes the City Manager to execute the following agreements in substantial form as attached hereto:
1) Property Conveyance Agreement (Wareham To City) Station Property (Exhibit A);
2) Property Conveyance Agreement (City To Amtrak) Station Property And Platform Parcels (Exhibit B)
3) Agreement For Encroachment Easement (Exhibit C)
4) Access Easement Agreement (Exhibit D)
5) Agreement For Utility Lines Easement (Exhibit E)
and be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute all documents and take related actions necessary to effectuate the Docusign Envelope ID: 08025F91-C163-47FE-8D25-9F30BCC63E2B Resolution No. 24-___
Amtrak Properties
City Council Meeting | September 17, 2024
purpose of said agreements, and to accept title to the Platform Parcels, the 59th Street Extension and the Station Parcel, provided the financial obligations of the City are not increased, and be it further
RESOLVED, by the City Council of the City of Emeryville that the action taken herein is exempt from environmental review pursuant to the California Environmental Quality Act Guideline 15061(b)(3) because the action taken is intended to preserve the status quo by maintaining the subject properties as part of an intermodal transit center. The proposed actions will not authorize any construction or other activities that could potentially impact the environment.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 17, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
Docusign Envelope ID: 08025F91-C163-47FE-8D25-9F30BCC63E2B