192161

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 Transportation ("PBOT" or "Petitioner"), the controlling bureau of adjoining property, initiated the vacation of portions of NE Couch Street and NE Davis Street as described on Exhibit 1 and depicted on Exhibit 2 (the "Street Area"). The Street Area was originally acquired as public right-of-way in the duly recorded plat of "Russellville Addition to East Portland".
    
2. The Street Area is currently unpaved and is not improved to current City standards.
    
3. Motor vehicle operators, bicyclists, and pedestrians currently lack access from the Street Area to any public rights-of-way other than NE 97^th Avenue. This is due to access restrictions put in place by the State of Oregon, Department of Transportation for operation and maintenance of the I-205 Freeway, the I-205 Multiuse Path, and the MAX light rail system located immediately to the west.
    
4. The reason for the City initiated vacation is to consolidate property to facilitate the construction of public improvements through the NE 97^th Avenue Phase II Local Improvement District ("LID") and the NE Couch/Davis LID projects authorized by Ordinance No. 189472, and to facilitate future transit-oriented development in the Gateway Regional Center.
    
5. Upon completion of the street vacation process, the Street Area will revert back to Joe M. Westerman as the owner (the "Owner") of the abutting private property parcels.
    
6. The vacation is in conformance with the City's Comprehensive Plan and is consistent with recommendations made by the City Administrator and the Planning Commission, as provided in the City Administrator's Report, dated May 13, 2025, and on file with the Auditor and PBOT.
    
7. 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 posted at the site in the areas proposed for vacation.
    
8. 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 on Exhibit 1 and depicted on Exhibit 2 attached and incorporated by reference. 
   Containing 7,450 total square feet, more or less
2. The vacation of the Street Area is granted subject to the following conditions:
   1. City staff with the Bureau of Permitting & Development, STARS & Records Conversion have responded that the City is currently unable to remove the assigned address for the parcel of property identified as 9648 NE Couch Street. This is because a demolition permit has not been issued for the existing house at this location. The address can only be removed from the property at such time that a demolition permit has been applied. If there is no demolition of the existing house, the Owner will need to contact ppdaddressing@portlandoregon.gov and complete the readdressing process so that the parcel is addressed off of NE 97^th Avenue. These tasks must be completed prior to the recording of this Ordinance.
   2. City staff with the Bureau of Technology Services, GIS & Web Services have required that the properties currently addressed as 9652 NE Davis Street and as 9648 NE Couch Street must be readdressed. The Owner will need to contact ppdaddressing@portlandoregon.gov and complete the readdressing process so that both parcels are addressed off of NE 97^th Avenue.
   3. 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, including, but not limited to those identified by Pacific Power. Subject to Paragraph b.5. 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 Administrator 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 Administrator 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 Area will require written agreements between the property owner(s) and owner(s) of the utilities.
   4. Notwithstanding Condition b.3., 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.
   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 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. The Owner shall file with the Auditor, in form approved by the City Attorney, a document in writing, accepting the terms and conditions of the 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 staff, 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 staff shall return a copy of the recorded ordinance to the Auditor and retain the original recorded ordinance in RWA File No. 9600.