191930

The City of Portland ordains:

Section 1. The Council finds:

1. The Portland Bureau of Transportation (“PBOT”), Real Property Services (“RPS”) received a request from Winston Sandino (the “Petitioner”), on August 12, 2020 to vacate portions of NE Alameda Street and NE 58^th Avenue as described on Exhibit 1 and depicted on Exhibit 2 (the “Street Area”). The Street Area was originally acquired in the duly recorded Plat of Rose City Park, recorded on October 8, 1907, Multnomah County Plat Records.
    
2. On March 17, 2022, PBOT RWA certified that all abutters and the requisite number of property owners signed the petition pursuant to ORS 271.080. 
    
3. The petition states that the reason for the vacation is to expand the usefulness of the existing building by opening a coffee shop and utilizing the unused right-of-way for an outdoor seating area with a deck, tables, and chairs. 
    
4. 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 August 22, 2024 and on file with the Office of the City Auditor (the “Auditor”) and PBOT.
    
5. 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.
    
6. 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 Street Area, more particularly described as follows, is hereby vacated: 
   1. As described on Exhibit 1 and depicted on Exhibit 2 attached and incorporate by reference.  
   2. Containing 614 square feet, more or less.
2. The vacation of the Street Area is granted subject to the following conditions: 
   1. PBOT, Development Review and Transportation Planning has required the following: 
      1. Sufficient public right-of-way will be retained as measured from the face of the curbs to provide a 12-ft sidewalk corridor on NE Sandy Blvd, and 11-ft sidewalk corridor on NE Alameda St and NE 58th Ave. Exhibits 1 and 2 reflect the revision to the Street Area necessary to comply with this requirement.
   2. 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.3. 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 Permitting & Development, 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. 
   3. Notwithstanding Condition B.2., 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. 
   4. 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.  
   5. City costs associated with processing the street vacation petition shall be paid in full before the City records this Ordinance. 
   6. 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 RPS, 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 RPS shall return a copy of the recorded ordinance to the Auditor and retain the original recorded ordinance in RWA File No. 9194.