192087

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 Portland Parks and Recreation (“PP&R”) on October 25, 2022, to vacate a portion of SE Oak Street between SE 37^th Avenue and SE Cesar E. Chavez Boulevard (“SE Oak St. R/W”) as described in Exhibit 1 and depicted on Exhibit 2 (the “Street Area”). The City initiated vacation proceedings of the SE Oak St. R/W as provided for in ORS 271.130.
    
2. The SE Oak St. R/W abuts two parcels of land known as Laurelhurst Park, also identified as 1N1E36D 100 and 1N1E36DD 11800. PP&R manages Laurelhurst Park on behalf of the City of Portland. Upon adoption of the street vacation, the SE Oak St. R/W will become part of Laurelhurst Park. 
    
3. Within a portion of the SE Oak St. R/W, the Bureau of Environmental Services ("BES") owns and maintains a sanitary sewer system with an 8-inch sewer pipe beginning at upstream manhole ABM192 and extending westerly to manholes ABM191, ABM190, ABM200, and ending at manhole ABM188.
    
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 and Sustainability Commission, as provided in the Bureau Director Report, dated August 12, 2022, 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 signs were physically posted at the site in the areas proposed for vacation.
    
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: As described in Exhibit 1 and depicted on Exhibit 2 attached and incorporated by reference. Containing 37,644 square feet, more or less.
2. The vacation of the Street Area is granted subject to the following conditions:
   1. PBOT has required the following:
      1. PP&R will allow 24-hour through access to the existing sidewalk corridor for pedestrians and mobility device users.
      2. PP&R will widen to at least 12 feet in width, the Laurelhurst Park walking path that runs parallel and north of SE Oak St to allow for 24-hour access for pedestrians, mobility device users, bicycles, skateboards, scooters, and other non-motorized vehicle traffic.
      3. Maintain at least one designated and separate space for people walking from those bicycling.
      4. Allow PBOT 24-hour access to maintain sidewalks thru the Street Area.
      5. The existing pavement and curb returns be replaced with a sidewalk and curb that matches SE Cesar E. Chavez Blvd and permanently close SE Oak St at SE Cesar E. Chavez Blvd. Removable barriers will be placed on SE Oak St at SE 37^th Ave to allow for maintenance vehicle access.
      6. PBOT Signals and Street Lighting owns two streetlights along the SE Oak St R/W. PP&R will accept ownership of the streetlights and connect them to a PP&R electrical panel.
   2. BES has required the following:
      1. PP&R and BES will create a Memorandum of Understanding that allows BES to review future development over or adjacent to the sewer infrastructure under SE Oak St. to ensure that the infrastructure will not be negatively impacted by future development.
      2. PP&R and BES will create a permanent springing easement that will only become active should the City and PP&R sell the vacated SE Oak St. R/W in the future. The springing easement allows BES to maintain access to the sewer infrastructure under SE Oak St in perpetuity should a sale occur.
   3. In accordance with ORS 271.120 and City of Portland policy, 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, including, but not limited to those parameter pole line leads identified by Comcast. Subject to Paragraph 4 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 Portland Permitting and 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 property owner and owner(s) of the utilities.
   4. Notwithstanding Directives B.1 and B.2, this Ordinance will serve as a full release of the City interests in the vacated right-of-way 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.
   5. 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.
   6. City costs associated with processing the street vacation petition shall be paid in full before the City records this Ordinance.
   7. In the event the above conditions are not met within one year of Council adopting this Ordinance, City Council may repeal this Ordinance at its sole discretion.

Section 2. Petitioner and other interested parties shall file with the Auditor, 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 the 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 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. RPS shall return a copy of the recorded ordinance to the Auditor and retain the original recorded ordinance in RWA File No. 9481.