Ordinance
Vacate SE Madison St between SE 71st Ave and SE 72nd Ave subject to certain conditions and reservations (VAC-10138)
Passed
The City of Portland ordains.
Section 1. The Council finds:
- The Portland Bureau of Transportation (“PBOT”), Right-of-Way Acquisition (“RWA”) received a request from Charles Dustin and Katherine Reed (the “Petitioners”), being represented by Jeffrey L. Kleinman, on October 22, 2019, to vacate a portion of SE Madison Street 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 Taborside, recorded on October 4, 1890, Multnomah County Plat Records.
- On February 15, 2024, PBOT RWA certified that all abutters and the requisite number of property owners signed the petition pursuant to ORS 271.080.
- The petition states that the reason for the vacation is to eliminate an area currently subject to vandalism and littering. Once the street vacation process is complete, the Petitioners plan to create an additional buildable lot which will help to achieve City density objectives.
- 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 June 24,2024 and on file with the Office of the City Auditor (the “Auditor”) and PBOT.
- 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.
- 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:
- The Street Area, more particularly described as follows, is hereby vacated: As described on Exhibit 1 and depicted on Exhibit 2 attached and incorporate by reference. Containing 6,389 square feet, more or less
- The vacation of the Street Area is granted subject to the following conditions:
- PBOT, Development Review has required the following:
- Sufficient public right-of-way will be retained on SE 71st Avenue to provide an overall 8-foot-wide sidewalk corridor as measured from face of existing curb. This is consistent with the improvement required at 1504 SE 71st Avenue via Public Works Alternative Review 12-133094-LU. Exhibits 1 and 2 reflect the revision to the Street Area necessary to comply with this requirement.
AND - Sufficient public right-of-way will be retained on SE 72nd Avenue to align with the existing property lines of the abutting lots on either side of the area to be vacated. Exhibits 1 and 2 reflect the revision to the Street Area necessary to comply with this requirement.
- Sufficient public right-of-way will be retained on SE 71st Avenue to provide an overall 8-foot-wide sidewalk corridor as measured from face of existing curb. This is consistent with the improvement required at 1504 SE 71st Avenue via Public Works Alternative Review 12-133094-LU. Exhibits 1 and 2 reflect the revision to the Street Area necessary to comply with this requirement.
- 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.
- 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.
- 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.
- City costs associated with processing the street vacation petition shall be paid in full before the City records this Ordinance.
- 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.
- PBOT, Development Review has required the following:
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. 9193.
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 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 SE Madison Street between SE 71st Avenue and SE 72nd Avenue (the “Street Area”), as recommended in the Bureau Director Report.
- On October 22, 2019, Charles Dustin and Katherine Reed (the “Petitioners”), represented by Jeffrey L. Kleinman, initiated a petition to vacate the Street Area.
- On February 15, 2024, Portland Bureau of Transportation (“PBOT”), Right-of-Way Acquisition certified said petition as complete.
- The stated purpose of the street vacation is to eliminate an area currently subject to vandalism and littering. Once the street vacation process is complete, the Petitioners plan to create an additional buildable lot which will help to achieve City density objectives.
- Upon completion of the street vacation process, the Street Area will revert to the abutting property parcels which are owned by the Petitioners.
- 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 near the middle of this range and is estimated (with moderate confidence) to be approximately $13,000.
- 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 9TR000002938. These expenses are occurring in FY 20-21 through FY 24-25.
- 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.
Economic and Real Estate Development Impacts
- Pursuant to ORS 271.080 (the “Statute”), the Petitioners obtained the required signatures from a 2/3 majority of surrounding property owners in the ‘affected area’ showing support of the vacation request. The Statute also required that all owners of the properties abutting the Street Area sign in support of the vacation.
- If City Council does not approve the Ordinance, the Street Area will remain as public right-of-way. This would complicate future oversight of this area and would reduce the potential for the Petitioners to create a new buildable lot for a residential infill project.
- This action will not influence the timeline and cost of doing business or real estate development in Portland as compared to peer cities.
- The proposed legislation will not impact business competitiveness and job growth, affordability, costs of goods, and/or household income in Portland.
- Except for the abutting properties, this proposed legislation will not have an impact on real estate development project feasibility and housing production in Portland.
- No adverse impacts from this proposed legislation have been identified.
Community Impacts and Community Involvement
- City Bureaus, government agencies, public utilities and affected neighborhood and business associations provided comments for the Street Area. PBOT did not receive any objections to the vacation request.
- Planning Commission (“PC”) advertised and then held a public hearing on June 11, 2024. 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 PC ultimately recommended approval of the vacation request to City Council.
- As an additional requirement of the 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.
- 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
Not applicable
Financial and Budget Analysis
Analysis provided by City Budget Office
This action authorizes SE Madison St between SE 71st Ave and SE 72nd Ave be vacated. Vacating streets is a cost recovery program paid by the petitioner. Estimate for vacating the relevant right-of-way is approximately $13,000. No additional appropriations are required as a result of this action.