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Committee forwards Millennium Tower easement as city’s contribution to settlement

San Francisco Board of Supervisors Budget and Finance Committee · June 24, 2020
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Summary

The committee recommended forwarding an ordinance authorizing a sidewalk surface/subsurface easement to Millennium Towers Association as part of a settlement that requires State Lands and court approvals; the easement work is intended to prevent further settlement and may permit gradual tower correction.

Andreiko Penick, director of Real Estate, presented an ordinance authorizing an easement deed and agreement with the Millennium Towers Association that implements the city's contribution to a settlement resolving claims related to foundation settlement at 301 Mission (Millennium Tower).

Penick told the committee the easement covers surface and subsurface rights on the southern side of Mission Street and the eastern side of Fremont Street to allow HOA‑led structural work intended to prevent further settlement and possibly permit gradual correction. He said the settlement and conveyance are conditioned on approval by the State Lands Commission (which had occurred the day before) and anticipated court approval in mid‑August; the easement will not take effect until those approvals are obtained. City attorneys attending the meeting were available to answer legal questions.

The committee heard no public callers on this item and voted 3–0 to forward the ordinance with a positive recommendation to the full Board.

Because the easement is the primary non‑monetary city contribution to the settlement, its effectiveness depends on the pending court approval and the State Lands Commission actions described by staff.