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353-2023

Ordinance

Vacate a portion of an unnamed road near the intersection of NE 33rd Dr and NE Marine Dr subject to certain conditions and reservations (VAC-10133)

Referred

The City of Portland ordains:

Section 1.  The Council finds:

  1. The Portland Bureau of Transportation (“PBOT”), Right-of-Way Acquisition (“RWA”) received a request from J. D. Watumull (the “Petitioner”) on April 15, 2021 to vacate a portion of unnamed road near the intersection of NE 33rd Drive and NE Marine Drive as described on Exhibit 1 and depicted on Exhibit 2 (the “Street Area”). The Street Area was originally acquired by Multnomah County in that deed document recorded in Book 2066, Page 406, Multnomah County Deed Records.
     
  2. The Street Area was acquired by Multnomah County for a planned traffic slip lane and other road improvements to be built at the intersection of NE 33rd Drive and NE Marine Drive.  Said improvement project was never constructed and the Street Area has never been improved as a public street.
     
  3. Jurisdiction of the public roads in this area, including the Street Area, were transferred from Multnomah County to the City of Portland (the “City”) at the time that the surrounding neighborhood was annexed into the City.  Fee title of the Street Area has also been transferred from Multnomah County to the City.
     
  4. The petition has been signed by all abutters and the requisite number of property owners pursuant to ORS 271.080, and all signatures have been verified and certified by the PBOT, Right-of-Way Acquisition on May 27, 2021. The petition has been signed by all abutters and the requisite number of property owners pursuant to ORS 271.080, and all signatures have been verified and certified by the Auditor’s Office (see attached letter).
     
  5. The petition states that the reason for the vacation is to consolidate the Street Area to the adjoining property for development of a vehicle washing station and a diesel and gasoline fueling station under Land Use Case No. 19-252462 LU.
     
  6. 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.
     
  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 signs were physically posted at the site in the areas proposed for vacation.
     
  8. In accordance with ORS 271.190, since the area to be vacated lies within 5,000 feet of the harbor line, approval in writing of the proposed vacation has been secured from the Port of Portland.
     
  9. 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 48,219 square feet, more or less.
  2. The vacation of the Street Area is granted subject to the following conditions:
    1. An unbuilt portion of the Marine Drive Trail / 40 Mile Loop, part of the regional trail network and designated on the 2035 Comprehensive Plan map, is anticipated to be located in or near the Street Area. PBOT Transportation Planning and Portland Parks and Recreation have required the Petitioner to grant to the City of Portland a 30-foot-wide Trail Easement along the length of the southern edge of the property currently identified as R314241 (the “Property”), or at a location as approved by the City Engineer or Bureau Director.  This alignment will maintain the intent of having a trail connection while also minimizing potential conflicts between future trail users and the industrial and commercial services of the Property. Said easement document will be in substantially the same form as attached Exhibit 3. The Trail Easement document will be recorded concurrently with the Ordinance.
    2. The Bureau of Environmental Services (“BES”) has required the following:
      1. The Petitioner will grantto the City of Portlanda 20-foot-wide Sewer Easement over the 36-inch pressure main and a 10-foot-wide Sewer Easement over the 12-inch gravity sewer main.  The portion over the 12-inch gravity sewer main will match the alignment in place on the adjacent property to the south.  Said easement document will be in substantially the same form as Exhibit 4 attached. The Sewer Easement document will be recorded concurrently with the Ordinance.

        AND
      2. The Petitioner will provide access for regular maintenance of the pressure valves identified by BES as AMS391 that are located in the proposed parking lot area.  An unobstructed area must be provided to accommodate a large PUMA truck alongside the vault and the manholes.  Any paving must match the grade of the manholes as any modifications to the vault lid are not advised.  Please note that these requirements may impact the proposed parking lot and landscaping configuration.
    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.  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 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 property owner(s) and owner(s) of the utilities.
    4. Notwithstanding Condition b.3. and except for Conditions b.1. and b.2.i., 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 one year of Council adopting this Ordinance, Council may repeal this Ordinance at its sole discretion.

Section 2. The Property Owner shall file with the City 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 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. 9235.

Impact Statement

Purpose of Proposed Legislation and Background Information

  • The purpose of this legislation is to vacate a portion of unnamed road near the intersection of NE 33rd Dr and NE Marine Dr (the “Street Area”), as recommended in the Bureau Director Report.
     
  • On May 27, 2021, PBOT’s Right-of-Way Acquisition section certified a petition for the vacation of the Street Area, with the petition initiated by J.D. Watumull (the “Petitioner”).
     
  • The Street Area is currently unpaved, is not improved to City standards, and is a dead-end street segment that only connects to NE 33rd Drive.
     
  • The petition stated that the reason for the vacation is to consolidate the Street Area to the adjoining property for development of a vehicle washing station and a diesel and gasoline fueling station under Land Use Case No. 19-252462 LU.
     
  • 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 falls at the low end of the range and is estimated (with moderate confidence) to be approximately $10,000.
     
  • 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 9TR000002967.
     
  • This legislation does not affect staffing levels nor will 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 the abutting property owner will need to extend their existing lease with the City for the continued use of the Street Area for commercial purposes.  Any new structures will need to be built outside of the Street Area.

Community Impacts and Community Involvement

  • Pursuant to ORS 271.080, the Petitioner obtained the required signatures from surrounding property owners in the ‘affected area’ as stated in said statute, showing support of the vacation request. As an additional requirement of the state statute, the notice of the public hearing has been published in the Daily Journal of Commerce and signs have been physically posted near the Street Area.
     
  • Comments were also solicited from City Bureaus, government agencies, public utilities and affected neighborhood and business associations in the area. PBOT did not receive any objections to the vacation request.
     
  • The Planning and Sustainability Commission (“PSC”) advertised and then held a public hearing on January 25, 2022.  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.  Both the 40 Mile Loop Land Trust and Portland resident Walter Valenta submitted public testimony requesting that a new trail easement be granted as a condition of approval for the Street Vacation.  PBOT and Portland Parks & Recreation is requiring this same condition and it is included as a part of the Ordinance.   The Bridgeton Neighborhood Association submitted testimony expressing concerns about the easement location and plan to build a washout station and fueling station within close proximity to the Columbia River.  The location of the trail easement location has been reviewed and approved by both PBOT and Portland Parks and Recreation.  The proposed development at this location will be subject to environmental review and approval by both the City of Portland and the State of Oregon’s Department of Environmental Quality.  The PSC ultimately recommended that City Council approve the vacation request.
     
  • There do not appear to be any other impacts 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.

Budget Office Financial Impact Analysis

PBOT operates street vacation as a cost recovery program, with net zero budget impact. 

Document History

Item 353 Four-Fifths Agenda in May 3, 2023 Council Agenda

City Council

Referred to Commissioner of Public Safety

Contact

Requested Agenda Type

Four Fifths

Date and Time Information

Requested Council Date
Time Requested
5 minutes