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Resolution 13753E 0 I 0 can cts aw 0 0. CITY OF ALAMEDA RESOLUTION NO]. 3 7 5 3 APPROVING PARCEL MAP (PM 8321) AND SUBDIVISION IMPROVEMENT AGREEMENT FOR ADVANCING CALIFORNIA'S EMERGING TECHNOLOGIES (ACET) PARCEL WHEREAS, an application was made on July 12, 2004 by the Alameda Community Improvement Commission requesting a Parcel Map, PM -8321, to subdivide an existing 61.29± acre parcel into one parcel containing 3.4± acres and a 57.89 acre remainder parcel and permit the construction of an approximately 30,200 square foot bio -tech incubator building on the approximately 3.4 acre parcel (ACET Parcel); and WHEREAS, the Parcel Map was deemed complete on July 19, 2004; and WHEREAS, the subject property is designated as Business Park on the General Plan Diagram; and WHEREAS, the subject property is located in the MX Mixed Use Planned Development Zoning District; and WHEREAS, a second Addendum to the Final EIR was prepared on April 12, 2004 to address z any environmental effects of amendments to the Catellus Master Plan, Development Agreement and MMRP as required by the ACET project; and WHEREAS, pursuant to the Final EIR and the second EIR Addendum, the MMRP a amendments would not trigger the need for subsequent environmental review pursuant to section >- 15162 of the CEQA Guidelines; and WHEREAS, the Planning Board held a public hearing on the second EIR Addendum and MMRP amendments on April 26, 2004, examined pertinent maps and documents, considered the testimony and written comments received; and WHEREAS, the Council approved the second EIR Addendum and the MIvIRP amendments at a public hearing on May 4, 2004; and WHEREAS, the Planning Board held a public hearing on this application on July 26, 2004, examined pertinent maps, drawings, and documents and recommended that the City Council approve the ACET Parcel Map; and WHEREAS, pursuant to Chapter 30, Article VI, Title 30 -81, Final Map, of the Alameda Municipal Code ( "AMC "), the City of Alameda, CIC (Owner) and Developer (Subdivider), have prepared and presented to this Council the Parcel Map of the Subdivision known as Parcel Map 8321; and WHEREAS, Parcel Map 8321 establishes one legal lot of 3.4 acres; and WHEREAS, said Parcel Map delineates thereon vacation and abandonment of appropriate existing public easements; and WHEREAS, Subdivider desires to enter into a Subdivision Improvement Agreement ( "Agreement ") to construct and complete the improvements in said subdivision, has submitted the Parcel Map therefore for approval at this time, and has posted its bond guaranteeing full and faithful performance of said work which has been approved by City, all in accordance with AMC Section 30 -85; and WHEREAS, it will be to the advantage and benefit of the City to have said work performed in accordance with said Agreement. NOW, THEREFORE, BE IT RESOLVED that Parcel Map 8321 is hereby approved. BE IT FURTHER RESOLVED that certain easements dedicated to the public and rights of access are hereby accepted, on behalf of the public and the City, for use in conformity with the terms of the dedication. BE IT FURTHER RESOLVED that said public easements designated for abandonment are hereby vacated and that other said easements offered for dedication but for which improvements have not yet been constructed will be accepted at a later date upon completion of those improvements. BE IT FURTHER RESOLVED that the agreement for construction and completion of the public improvements in said subdivision pursuant to the Agreement, and all its terms and conditions be, and hereby are, approved and the City Manager and the City Clerk are authorized and directed to execute and attest to, respectively, said Agreement on behalf of the City of Alameda. BE IT FURTHER RESOLVED that the Bonds guaranteeing full and faithful performance of said public improvements, labor and materials are hereby approved as sufficient in amount. G:\ Lynette \ResdResolutions04 \080304\PMCC RESO ACET.doc I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting of the City Council on the 3`d day of August, 2004, by the following vote to wit: AYES: Councilmembers Daysog, Gilmore, Matarrese, and Mayor Johnson - 4. NOES: Councilmember Kerr - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of August, 2004. Lara Weisiger, City Clerk City of Alameda