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191742

Ordinance

Vacate portions of SE Lambert St, SE Malden Ct, and SE Malden St subject to certain conditions and reservations (VAC-10129)

Passed

The City of Portland ordains:

Section 1.  The Council finds:

  1. In accordance with ORS 271.130 (Vacation on council’s own motion), the City of Portland (“City”) through its Bureau of Environmental Services (“BES” or “Petitioner”), the owner or controlling bureau of adjoining property, initiated the vacation of portions of SE Lambert Street, SE Malden Court, and SE Malden Street as depicted on Exhibit 1 (the “Street Area”). The Street Area was originally acquired in the duly recorded plat of “DeLashmutt and Oatman, Subdivision No. 2” and the duly recorded plat of “Edge O’Town Villas”, Multnomah County Plat Records.
     
  2. The reason for the City initiated vacation is to facilitate restoration of the Johnson Creek floodplain in order to reduce flooding risk and to provide the neighborhood with a green space that will be a community amenity.
     
  3. The vacation is in conformance with the City's Comprehensive Plan and is consistent with recommendations made by the Director of PBOT and the Director of the Planning Commission, as provided in the Bureau Director Report, dated January 16, 2024, and on file with the Office of the City Auditor (the “Auditor”) and the Portland Bureau of Transportation (“PBOT”).
     
  4. In accordance with ORS 271.100, the Portland City Council (the “Council”) fixed a time and place for public hearing before the Council; notice was published in the Daily Journal of Commerce and public notice signs have been physically posted near the street Area.
     
  5. Other procedural requirements of ORS 271 have been complied with, and the Council having held a public hearing, finds no objections were made or filed hereto, and it is in the public interest to vacate the Street Area.

NOW, THEREFORE, the Council directs:

  1. The following described Street Area, as depicted on Exhibit 1 attached and incorporated by reference, is hereby vacated:

    That portion of SE Lambert Street, being 45 feet wide and approximately 788 feet long, created as “77th Ave. S.E.” in the duly recorded plat of “Edge O’Town Villas”, and created as “Maple St.” in the duly recorded plat of “DeLashmutt and Oatman, Subdivision No. 2”, both in the City of Portland, Multnomah County, State of Oregon, said portion being all of said SE Lambert Street lying between the east right-of-way line of the Springwater Corridor and the east right-of-way line of SE 89th Avenue.

    AND

    That portion of SE Malden Court, being 25 feet wide and approximately 375 feet long, created as “Road” in the duly recorded plat of “Edge O’Town Villas”, City of Portland, Multnomah County, State of Oregon, said portion being all of SE Malden Court within said plat, lying east of the Springwater Corridor which is shown as “P.R.L. and P. Co. Ry.” on said plat.

    AND

    That portion of SE Malden Street, being 50 feet wide and approximately 458 feet long, created as “76th Ave. S.E.” in the duly recorded plat of “Edge O’Town Villas”, City of Portland, Multnomah County, State of Oregon, said portion being all of said SE Malden Street within said plat.

    All together containing 67,735 square feet, more or less.

  2. The vacation of the Street Area is granted subject to the following conditions:
    1. PBOT Bridges and Structures has reported that PBOT owns and maintains certain improvements within the Street area and has required the following conditions:
      1. Any and all of PBOT’s maintenance and ownership rights, responsibilities and obligations related to the existing bridge in the SW Lambert Street right-of-way over Johnson Creek (PBOT Bridge BR-098, State Bridge ID 51C19) and all of its appurtenances, including but not limited to girders, abutments, deck, rails, fences, signs, and wingwalls shall be transferred to BES upon recording of the Ordinance. 
        AND 
      2. If BES makes the decision to restrict public access to the bridge after the Ordinance is recorded, permanent barricades shall be installed to prevent public vehicular access, or the existing gate must be accepted as permanent by ODOT. Upon installation of the permanent barricades or for clarification of the existing gate compliance, BES shall contact ODOT (current contact is Richard King: richard.j.king@odot.oregon.gov) to have the bridge removed from the National Bridge Inventory. All direct and indirect costs associated with this work shall be borne by BES. 
        AND
      3. If at any time BES elects to remove the existing bridge described above, wholly or in part, including the bridge and all of its appurtenances, including but not limited to girders, abutments, deck, rails, fences, signs, and wingwalls, all direct and indirect costs associated with this work shall be borne by BES. 
    2. PBOT Signals, Street Lighting and ITS has reported that there are four existing PBOT owned and maintained streetlights located with the Street Area that are mounted to utility poles owned by PGE and/or CenturyLink/LUMEN.  Said streetlights are required to be removed and salvaged by PBOT contractors at BES expense. Estimated cost for this work is $1,200.
    3. Bureau of Development Services, Land Use Services has required that Adjustment Review LU #22-21444 AD be approved and that all conditions of approval associated with the adjustment be met prior to recording of the Ordinance.
    4. Portland Water Bureau (“Water”) owns and maintains certain improvements within the Street Area and has required the   following conditions: 
      1. The water mains located in SE Malden Court in that portion east of the Springwater Corridor, SE Malden Street, and in the adjacent portion of the Springwater Corridor must be cut and plugged. All work required will be completed by Water.  All fees for the above referenced work will be the responsibility of BES and will be paid prior to recording of the Street Vacation Ordinance. 
        AND
      2. A new hydrant must be installed in SE Lambert St west of the Springwater Corridor near 8387 SE Lambert St to meet fire flow requirements for the area. Exact location will be determined by Water.  The main in SE Lambert St will be cut and plugged west of the existing service to 8426 SE Lambert St.  All work required will be completed by Water.  All fees for the above referenced work will be the responsibility of BES and will be paid prior to recording of the Street Vacation Ordinance. 
        AND 
      3. If there is contamination in or near the public right-of-way at the location of the work required above in 4.a. and 4.b., Water requires the following: 

        1) Verification of clean soils at the location of the installations; 
        OR

        2) Identification of the extent and degree of contamination such that appropriate remediation plans can be generated prior to any Water construction. The remediation, disposal fees, and charges are the responsibility of BES.
    5. Oregon Department of Transportation (“ODOT”) has required the City to grant a 10-foot-wide Storm Drainage Easement to ODOT for an existing ODOT stormwater facility. Said easement will be located over the westerly most 10 feet of the Street Area. Said easement will be in substantially the same form as Exhibit 2 attached and will be recorded concurrently with the Ordinance.
    6. In accordance with ORS 271.120 and City policy, the street vacation ordinance (this “Ordinance”), shall not cause or require the removal or abandonment of any sewer, water or gas main, conduit of any kind, wire, pole or thing used, or intended to be used, for any public service.  Subject to Paragraph B.8. below, this Ordinance will reserve an easement for the owner of any such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild, and/or enlarge any and all such thing; that no building or structure of any kind shall be built or erected within a distance of ten (10) feet from the centerline of any such utility, except with the prior written consent of the City Engineer and the owner of the utility and that any and all contemplated building plans in said vacated area shall be submitted for approval to the City Engineer and to the Director of the Bureau of Development Services, to the end that such construction may be so adjusted with reference to all public utilities in said areas as to cause a minimum of danger or inconvenience to the public and to the owner of such utility and to protect and preserve the same as presently constructed or hereinafter reconstructed, renewed, replaced and/or enlarged.  Removal or relocation of existing utilities in the street vacation area will require written agreements between the Petitioner and owner(s) of the utilities.
    7. Notwithstanding Condition B.6., this Ordinance will serve as a full release of City interests in the Street Area and will provide City Bureaus with the authority necessary to take all other legal actions as may be reasonably necessary (including the issuance of quitclaim deeds acknowledging the release of any interests) to achieve this intent.
    8. If any property, encumbered by an easement reserved in this Ordinance, is ever rededicated as public right-of-way, that portion of the easement located in the rededicated right-of-way shall automatically be terminated. 
    9. City costs associated with processing the street vacation petition shall be paid in full before the City records this Ordinance. 
    10. In the event the Petitioner fails to fully comply with the above conditions within six months of Council adopting this Ordinance, Council may repeal this Ordinance at its sole discretion.

Section 2. Petitioner shall file with PBOT, in form approved by the City Attorney, a document in writing, accepting the terms and conditions of this Ordinance.

Section 3.  Notice is given that the street vacation will not be effective until a certified copy of this Ordinance has been recorded by the City in Multnomah County Deed Records. Prerequisites to recording this Ordinance are that 30 days have passed after final Council passage of this Ordinance, that all conditions of this Ordinance have been met, and that all vacation costs have been paid.

Section 4.  After the prerequisites to recording this Ordinance have been met, the Auditor shall return a certified copy of this Ordinance and the acceptance thereof, to PBOT RWA, which shall, at the expense of the Petitioner, file with the recorder, the assessor, and the surveyor of the county in which said property is located, the certified copy of this Ordinance and the acceptance, and any map, plat or other record which may be required by law. PBOT RWA shall return a copy of the recorded ordinance to the Auditor and retain the original recorded ordinance in RWA File No. 8796.

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
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

  • The purpose of this legislation is to vacate portions of SE Lambert Street, SE Malden Court, and SE Malden Street (the “Street Area”), as recommended in the Bureau Director Report.
  • The vacation request has been initiated by the City of Portland through the Bureau of Environmental Services (“BES”).
  • The stated purpose of the street vacation is to facilitate restoration of the Johnson Creek floodplain in order to reduce flooding risk and to provide the neighborhood with a green space that will be a community amenity.
  • Upon completion of the street vacation process, most of the Street Area will remain under public ownership and will be managed and maintained by BES.
  • The Ordinance complies with state law under ORS 271 and City Code, Chapter 17.84.

Financial and Budgetary Impacts

  • The process for vacating streets is a cost recovery program, typically paid for by the Petitioner, and does not have a net impact on PBOT’s budget. Expenses for processing a street vacation request typically range between $8,000 and $20,000+, depending on the complexity. This street vacation is above the high end of this range and is estimated (with moderate confidence) to be approximately $45,000.
     
  • Fees paid by the Petitioner for this street vacation will cover the actual expenditures incurred by City staff for the processing of this request. The SAP Cost Object is 9TR000002600. These expenses are occurring in FY 18-19 through FY 23-24.
     
  • This legislation does not affect staffing levels nor will it result in a new or modified financial obligation or benefit now or in the future.
     
  • If City Council does not approve the Ordinance, the Street Area will remain as public right-of-way and BES will likely need to redesign their project. This would delay construction of the planned improvements as well as reduce the size of the restored floodplain area.

Community Impacts and Community Involvement

  • Vacation proceedings have been City initiated without a petition or consent of property owners in accordance with ORS 271.130 (Vacation on Council’s own motion) and notice to surrounding property owners shall be given as provided by ORS 271.110 (Notice of hearing). As an additional requirement of the state statute, notice of the public hearing has been published in the Daily Journal of Commerce and public notice signs have been physically posted near the Street Area. 
  • City Bureaus, government agencies, public utilities and affected neighborhood and business associations provided comments for the proposed Street Area. PBOT did not receive any objections to the vacation request.
  • Planning Commission (“PC”) advertised and then held a public hearing on December 12, 2023. Although not required by State Statute or City Code, letters were mailed to all the surrounding neighbors within an ‘affected area’ as defined by ORS 271 to notify them of the public hearing thereby giving them an opportunity to be heard. No one from the public came forward to testify in support or opposition of the vacation, and the PC ultimately recommended approval of the vacation request to City Council.
  • There does not appear to be any other impact to the community from vacating this right-of-way. No opposition to this street vacation request is expected and no one has expressed their desire to testify at the hearing. There is no future public involvement anticipated since the Ordinance will conclude the street vacation process. 

100% Renewable Goal

N/A

Financial and Budget Analysis

This action authorizes vacation of portions of SE Lambert St, SE Malden Ct, and SE Malden St to facilitate restoration of the Johnson Creek floodplain in order to reduce flooding risk and to provide the neighborhood with a green space. Street vacation is a cost recovery program paid by the petitioner, with this vacation estimated at roughly $45,000

Document History

Agenda Council action
Regular Agenda
City Council
Passed to second reading
Passed to second reading May 29, 2024 at 9:30 a.m.
Regular Agenda
City Council
Passed

Votes
  • Aye (4):
    • Ryan
    • Mingus Mapps
    • Carmen Rubio
    • Ted Wheeler
  • Absent (1):
    • Rene Gonzalez

City department

Contact

Requested Agenda Type

Regular

Date and Time Information

Requested Council Date
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