Declare property at an unnamed road off NE 33rd Dr as surplus and authorize the Bureau of Transportation to dispose of the property by sale to WPC Marine LLC

The City of Portland ordains.

Section 1. The Council finds: 

1. In 2019, The City of Portland (the “City”) acquired a 1.1-acre parcel of land from Multnomah County (the “County”) through a Quitclaim Deed, Document #2019-085747, Multnomah County Deed Records, and further identified in Multnomah County Assessor’s records as R705263 (the “Property”). The Property, zoned General Industrial 2 (IG2), is located adjacent to NE 33rd Drive as described on Exhibit 1 and depicted on Exhibit 2.
2. In 1961, the County acquired the Property to build a traffic slip lane and other road improvements. The County never constructed the road improvement project, and the City never improved the Property. Upon transfer to the City in 2019, the Portland Bureau of Transportation (“PBOT”) leased the Property to WPC Marine, LLC, the adjacent property owner on both the north and south side of the Property. WPC Marine LLC uses the Property for its operations as an industrial storage yard. The Property does not serve any PBOT transportation related use.
3. PBOT is concurrently taking a Street Vacation companion ordinance for this Property to Council. If Council adopts the Street Vacation ordinance, the vacated street area reverts to the City, which holds fee simple title to the Property. An unbuilt portion of the Marine Drive/40 Mile Loop trail, part of the regional trail network and designated on the 2035 Comprehensive Plan map, is anticipated to be located near the Property. As a condition of the sale to WPC Marine LLC, PBOT Transportation Planning and Portland Parks and Recreation are requiring WPC Marine LLC grant a 30-foot-wide trail easement to the City on a portion of its own parcel to the south of the Property. The Trail Easement document will be in substantially the same form as the attached Exhibit 3.
4. The Bureau of Environmental Services (“BES”) maintains an existing 36-inch-wide pressure sewer main within the Property. As a condition of the sale to WPC Marine LLC, the City will reserve a 20-foot-wide sewer easement for the existing storm sewer line through the Property at the time ownership is transferred. The Sewer Easement document will be in substantially the same form as the attached Exhibit 4. WPC Marine LLC, and its successors will provide access for regular maintenance of the pressure valves identified by BES as AMS391. An unobstructed area must be provided to accommodate a large PUMA truck alongside the vault and maintenance holes. Any paving must match the grade of the maintenance holes as any modifications to the vault lid are not advised.
5. In accordance with ADM 13.02.II.A.5, Disposition of City Real Property, PBOT determined that due to the parcel size, shape, location and utility, this Property is deemed useful only to the adjacent owner. Accordingly, PBOT has moved the Property through the City’s Category 1 surplus property process by declaring that the Property was excess real property to PBOT, notice provided to other City bureaus who expressed no interest in the Property, and the presentation of this Ordinance before Council. 

NOW, THEREFORE, the Council directs: 

1. The Property at NE 33rd Drive, tax lot number R705263, is declared to be surplus real property and PBOT is authorized to take all steps necessary to dispose of the 
   Property by sale to WPC Marine LLC or their successors in interest.