Declare property located at 9442 NE 13th Ave as surplus real property and authorize the Director of the Bureau of Environmental Services to dispose of the property by public sale
The City of Portland ordains:
Section 1. The Council finds:
- Property located at 9442 NE 13th Ave, often referred to as Fitchett property, and legally described below, was acquired by the City in November 2015 to protect and restore wetlands historic to the Columbia River floodplain (see map in Exhibit A).
- BES completed a property line adjustment that added the wetland area to Flyway Wetlands Natural Area.
- The remaining tax lot is 0.34 acres and contains a single-family house and garage, which is unnecessary for the Bureau’s wetland enhancement goals. The house on the lot is considered a tear-down due to damage sustained several years ago.
- BES has offered this property to other City Bureaus, Metro, Multnomah County and the State of Oregon, but no interest in current or future use for this property was expressed.
- On July 6, 2021, the Commissioner-in-Charge of the BES declared this property as excess (refer to Exhibit B).
- Per ADM-13.02 - Disposition of City Real Property, BES completed the public comment which began February 1, 2022, and ended April 2, 2022. A summary of public comments received during the Public Comment period can be found in the Impact Statement.
- The properties will be sold for the best price, term, and condition in accordance with City Code. Net proceeds from the sales of the property will be returned to Sewer System Disposal Fund.
NOW, THEREFORE, the Council directs:
- That the following described property is hereby declared surplus:
GOLF AC & PLAT 2, LOT 13 TL 37000
B. That the Director of BES, or his designee, is hereby instructed to dispose of the above-described property through sale of the property for the best price, terms and conditions available; and is hereby authorized to execute on behalf of the City any and all documents approved by the City Attorney required for the conveyance of the title of the property.
C. That the net proceeds from the sale of the property will be returned to Sewer System Disposal Fund.
An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)
Passed by Council
Auditor of the City of Portland
Mary Hull Caballero
Purpose of Proposed Legislation and Background Information
BES, through the Watershed Services Group, acquired 4.15 acres in the Columbia Slough to protect and restore wetlands historic to the Columbia River floodplain. This purchase included a single-family home and associated landscape improvements that are not necessary for Watershed’s goals. Through a property line adjustment, the portion of the property with natural resource values was added to the Flyway Wetland Natural Area. The remaining 0.34 acres containing the house and garage, driveway and landscaping is excess to the Bureau’s watershed improvement goals. The house is considered a tear down. The property has gone through the City Disposition process per ADM-13.02 - Disposition of City Real Property
Financial and Budgetary Impacts
Sale of this property will have positive impact on the financial situation of the Bureau. The property will be marketed and sold by Chris Balmes Properties LLC. The contract realtor will be paid per the contract with Chris Balmes Properties LLC, from the commission from the sale of the property. Sale income of the house will be returned to the Sewer System Disposal Fund.
Community Impacts and Community Involvement
East Columbia Neighborhood Association, North Portland Neighborhood Services, Columbia Corridor Association, and neighbors within 200 feet of the property were notified of this disposition on Feb. 1, 2022. The flyer was also mailed to 328 other community members who were part of a mailing list created by the BES Communication Engagement Group. A comment period of 60 days was provided, which ended on April 2, 2022. Notice of this property disposition was included on the City’s website and posted at the site.
Sale of the property is beneficial to the community because it will add to the housing supply. There have been concerns in the past from neighbors about homeless camping and vandalism on the property. Once it is privately owned and managed, those concerns should be alleviated.
Seven community members called or emailed requesting information. Only one person made actual comments. The commenter was concerned that the house was allowed to go to ruin and is now a “tear down”. BES response is that the house was originally slated to be demolished but community members wanted to keep it in the housing stock. Shortly after the house was purchased a pipe broke, flooding the house and causing major damage. The Bureau chose not to use rate-payer money to fix up the house but rather sell the house “as-is” and let the purchaser bear the cost of repair. Unfortunately, the property line adjustment took longer then expected and then the pandemic hit causing further delays to getting the property to market. At this point it would be less expensive for a private developer to demolish the house rather than the City based on the City’s contract procurement rules, and the need to keep the basement and sewer connection intact for future a building.
100% Renewable Goal
Budget Office Financial Impact Analysis
The ordinance directs the Director of BES, or a designee, to dispose of the property through sale for the best price, terms, and conditions available. Sale of this property will have positive impact on the financial situation of the BES. The contract realtor will be paid per the contract with Chris Balmes Properties LLC, from the commission from the sale of the property.
384 Regular Agenda in May 11-12, 2022 Council Agenda
Passed to second reading
418 Regular Agenda in May 18-19, 2022 Council Agenda
- Commissioner Dan Ryan Yea
- Commissioner Jo Ann Hardesty Yea
- Commissioner Mingus Mapps Yea
- Commissioner Carmen Rubio Yea
- Mayor Ted Wheeler Yea