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Label:
Emergency ordinance
*Authorize agreement with the United States General Services Administration for a 3.96 acre property located at 2731 SW Multnomah Blvd for $3 million and removal of deed restriction
Passed
Amended by Council
The City of Portland ordains:
Section 1. The Council finds:
- Ordinance 185505, passed in 2012, authorized the acceptance of property from the United States Army (”Army”) located at 2731 SW Multnomah Blvd, Portland, more commonly known as the SFC Jerome F. Sears Army Reserve Center (the “Site”), and assigned it to the Office of Management and Finance (“OMF”).
- In August 2012, the Site was conveyed by quitclaim deed as a Public Benefit Conveyance of a surplus government land, without cost to the City in consideration for commitment to use the Site primarily as an emergency operations facility in accordance with the 2005 Base Realignment and Closure (BRAC) law, and the Portland Bureau of Emergency Management’s Reuse Master Plan which was approved by the Army and the Federal Emergency Management Agency (FEMA).
- The quitclaim deed contained a restriction that narrowed the allowable and lawful uses of the Site through the following language: “provided, however, that only for so long as the property is used primarily for the purpose of providing emergency management services and if any portion of the premises shall be used for any purpose other than providing emergency management services, the title and interest in and to the portion of the premises so used shall revert to and become the property of the United States” (the “Restriction”).
- The City wishes to remove the Restriction so that property title would be “free and clear” of that encumbrance which would allow the City more expansive options for uses of the Site suitable to the City’s current and future plans for real property assets. The elimination of the Restriction would be contrary to the original conveyance purposes at “no cost” and therefore would require the federal government receive adequate compensation to allow “free and clear” title. To this end, the Army, through the General Services Administration Real Property Utilization & Disposal Division, has offered to convey the entire 3.96-acre parcel to the City for the sum of $3,000,000 and allow for the removal of the Restriction. OMF-Facilities Planning and Property team has determined the compensation amount for the Site to be reasonable.
- Funds available for this transaction are available from the U.S. Government American Rescue Plan Act (ARPA).
NOW, THEREFORE, the Council directs:
- The Chief Administrative Officer or designee is authorized to execute any relevant documents to complete this Restriction removal process. All documents will be reviewed by the Office of Management and Finance’s Planning and Portfolio Management team, consistent with Section 1 findings, for commercially acceptable terms and conditions and approved as to form by the City Attorney prior to execution.
- The Mayor and City Auditor are hereby authorized to pay for the transaction from American Rescue Plan Act funds.
Section 2. The Council declares that an emergency exists in order to expedite and continue operations at the site; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.
Official record (Efiles)
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 as amended by Council
Auditor of the City of Portland
Simone Rede
Impact Statement
Purpose of proposed legislation and background information
In August of 2012 the City of Portland acquired the 3.96-acre site from the U.S.G. known as the Jerome F Sears Army Reserve Center located at 2731 SW Multnomah Blvd, subject to a deed restriction requiring the site to be used primarily as an emergency operations facility. The site was conveyed at no cost to the City of Portland.
The site is currently being used for a temporary Safe Rest Village (SRV), temporary staging for PBOT construction equipment, storage of PBEM emergency vehicle winch training equipment and staging of emergency supplies for PWB.
In order to maximize flexibility in uses permitted at the site and in support of meeting the City’s ever evolving needs for a multitude of short and long-term uses, the U.S.G. has agreed to remove the deed restriction and sell the site to the City of Portland for the sum of $3,000,000.
Financial and budgetary impacts
There is a one-time financial impact related to this transaction in the amount of $3,000,000 within existing ARPA program allocations. The Grants Management Division has reviewed and determined that this is an eligible use of ARPA funds.
Funds are available for this transaction from the U.S.G. American Rescue Plan Act.
On-going maintenance costs as outlined in the original ordinance remain as stated, and are currently funded, but may be modified based on specific uses to which the site is ultimately put.
Community impacts and community involvement
No public involvement was sought for this transaction as the ultimate end-use is not known at this time. When the ultimate permanent use is determined the public will be invited to participate as a normal consequence of the public permitting process.No public involvement was sought for this transaction as the ultimate end-use is not known at this time. When the ultimate permanent use is determined the public will be invited to participate as a normal consequence of the public permitting process.
100% renewable goal
There is no change to the City’s total energy use at this time, nor is there a change to the renewable energy use profile. Once the ultimate use to which the land will be put is known, these measurements will be calculated.